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HomeMy WebLinkAboutReel 32 (2/23/1970 - 2/16/1971)UOHNCIL, REGULAR MEETING, Monday, February 23, 1970. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, February 23, 1970, at 2 p.m,, the regular meeting houri with Ma)or Yebber presiding. PRESENT: Councilmen John M. Boswell, Frank N. Perkiason, Thomas, James O. Trout, Vfccent $. Wheeler and Mayor Roy Lo Webber ............ ABSENT: Councilman Uavid E. Lisk ..........~ ........................ 1, OFFICERS PRESENT: Mr, Julian Fo Hits*, City Manager, Mr. Byron E. Haner, Assistant City Manager, Mr. James R. Kfncanon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Rolen C. Uailey, Pastor, Cave Spring Baptist Church.. MINUTES: Copy of the minutes of the regular meeting held on Monday, January 19, 1970, having been furnished each member of Council, on motion of Mr. Perkiflson, seconded by Mr. Thomas and unanimously adopted, the readifl9 thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATZERS: TAXES-LEGISLATION-LICENSES: Mr. Curtis W. Fitzgerald, representing six computer service bureaus operating within the City of Roanoke, appeared before Council and requested that a new classification for ~Electronlc Data Processing Services~ be included in the License Tax Code and that a license tax commensurate with the actual function of such enterprises be established. After a dfscus$1ofl of the question, Mr. Trout mored that the matter be referre~ to a committee composed of Messrs. John W. Bosmell, Chairman, Frank Perkiuson, Jr., and Vincent So Wheeler for study, report and recommendation to Council. The motion was seconded by Mr. Perkinson and unanimously adopted. ~NTEGRATXON-SEGREGATION-PARKS AND PLAYGROUNDS-TOTAL ACTION AGAINST RECREATION DEPARTMENT: Council having adopted an Ordinance granting permission tO Total Action Against Poverty ~ Roanoke Valley to construct, operate and maintain public swimming pools in Eureka Park, Hurt Park and Washington Park, upon certain terms, conditions and provisions, Mr. Roscoe A. Robertson, Chairman, Task Force on the Swimming Pool Program, Roanoke Valley Council of Community Services, Incorporatec appeared before the body and presented a summary report of the Swimming Pool Study Committee of the Roanoke Valley Council of Community Services, Incorporated, with reference to a long range plan for the management of four TAP swimming pools, speci- fically recommending that the pools in Eureka Park, Washington Park and Hurt Park be turned over to the City of Roanoke for management and maintenance under certain conditions. · With reference, to the matter, Rr, 3ames H. St~mper~. Director, TAP Planning and Evaluation, Total Action Against Poverty in Roanoke Valley, appeared before the body end advised that TA~ has been allocated approximately $21,000,00 to be divided between the three pools nnm in operation and that these funds are to be used toward compensation of. lifeguardn and maintenance of the pools, Is this connection, Hr. Trout pointed out that since he is Chairman of the Outdoor Recreation Study· Committee me would like to move that the matter be deferred one meek in order for him to prepare a report making certain recommendation on the swimming pool question. The motion mas seconded by Hr. Perkinson and unanimously adopted, PETITIONS AND COYMUNICATIONS: INOBSTR1ES: A notice from the Interstate Commerce Commission in corm*clio with the proceeding for the discontinuance of railroad passenger service between Norfolk, Virginia, and Cincinnati, Ohio, as proposed by the Norfolk and Western Railway Company, advising that upon reconsideration and investigation the Interstate Commerce CommissiOn found that continuance by the Norfolk and Western Railway Compan of service by its trains ~os. 15-25 and 16-26 between Norfolk, Virginia, and Cincinn ti, Ohio, is got required by the public convenience and necessity and that continued operation thereof will unduly burden interstate commerce; therefore, the investiga- tion has been ordered discontinued, was before Council. Hr. Perkinson moved that the notice be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. BUD~ET-COMMONNEAL~H*S A~TORh~Y: A communication from Mr. Samuel A. Garrison, III, Commonwealth*s Attorney, requesting that $175.00 be appropriated to Printing and Office Supplies in his bndgett to provide funds for the remainder of the fiscal yeart subject to the concurrence of the State Compensation Board, was before Council, · · Mr. Trout moved that the matter be referred to the City Attorney for preparation of the proper measure, subject ~ the concurrence of the State Compensa- tion Board. The motion was seconded by Mr. Perkinson and unanimously adopted. SALE OF PROPERTY-STREETS AND ALLEYS-SCHOOLS: A communication from Mr. and Mrs. Corbel* B. Davis, requesting that the City of Roanoke purchase the property of Miss Lottie S~emart at 2629 Guilford Avenue, S. M.t for the purpose of extending Lofton Road to benefit students attending Raleigh Court Elementary School and Pa*rich Henry lligh School, was before Council. Mr. Thomas ~oved that the matter be referred to the City Manager for study report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. SEWERS AND SIORM DRAINS-STREETS AND ALLEYS-CAPITAL IMPRO~ME,~S: Council having referred to the 1970-71 budget study a communication from Mrs. Robert Leonard President, ~Jldwood Civic League, requesting that the completion of the storm drain from Mecca Street, N. E,, to Glade Creek; correcting the drainage problem in the 2400 block of King Street, N. R., a~d Cllna Street, N. E., between King.Street and Dunkirk Street; and elevating und improving the pavement on a bad curve on Idlewlld Boulevard, N. Eom- and resurfaciog ldleuild Boulevard, N. E., from Dell Avenue to Atherly Avenue, be consldermd in the 1970-71 budget, a communication from Mrs. Leonard requesting that immediate action be taken for the temporary relief er the drainage problem in the 2400 block and 2500 block of King Street, N. E.o mas before the body. Br. Perkinson moved that the matter be referred to the City Manager for studF and report to Council The motion was seconded by Mr. Trout and unanimously adopted, R£POR'TS OF OFFICERS: BUHG£T-FIRE DEPARTMENT: The City Manager submitted a written report recommending that ~600.O0 be transferred from Operating Supplies and Materials to Food, Medical and Housekeeping Supplies in the budget of the Fire Department to pro- vide funds for the remainder of the fiscal year. Mr. Perklnson moved that Council COnCur in the rem mmendatlon of the City Manager and offered the following emergency Ordinance: (~lg06B) AN ORDINANC£ to amend and reordain Section ~47, *Fire l~partment Of the 1969-70 Appropriation Ordinance, and providing far an emergency. (For full text of Ordinance, see Ordinance Book No. 54, page 171.) Mr. Perkinson moved the adoption of the Ordinance. The motlon was seconded by Mr. Thomasand adopted by the following vote: AYES: Messrs. Boswell, Perkinson, Thomas, Trout, Mheeler and Mayor ~ebber ......................... 6. NAYS: None ..........O. (Br. Lisk absent ) STREETS AND ALLEYS-AUDITORIUM-COLISEUM: The City Manager submitted the following report requesting that the City of Roanoke initiate necessary proceedings to have a portion of Courtlaad Road, between Orange Avenue and Ntlliamson Road, N. E, vacated, discontinued and closed, in connection with the proposed widening and im- provement of Orange Avenue between Interstate Route 591 and 12th Street,. ~. "Roanoke, Virginia February 23, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: In conoecti0n with theproposed widening and improvement of Orange Avenue between I~terstate Saute 581 and 12th Street, N. the Virginia Department of Highways proposes to close a portion of Courtland Roa~, N. E** between Orange Avenue and Williamson Road, N. E., in order to provid~ better channeliration and control of traffic at the intersection o£ Orange Avenue and Wllliamson Road. Knoming of the Highway Department's plan, the City incorporated that portion of Courtland Road which would be closed into the parking area of the Civic Center. This is to request that the City of Rook*he,initiate the necessary proceedings to have vacatede discoktlneed end closed that portion of Courtlnnd Eood, ~. E., ns sA*uN ,on the attached plan, and that this request be referred to the City Attorney and to the City Planning Commission. Respectfully submitted, $/ Julian F. Hlrut Julian F. Hfrst City #anagerM Hr. Wheeler moved that Council concur in the recommendation of the City . Manager and that the waster be referred to the City Attorney and the City Planning by Hr. Trout and unanimously adopted. CITY ENGINEER: The City Manager submitted a written report advising that on March S, 1970, bids will be received on an additional 24 cubic yard refuse compaction loader unit to handle requirements In handling the new box units under the Dampmaster system of refuse collection. Mr. Perklnson moved that the report be received and filed. The motion was seconded by Mr. Yhomas and unanimously adopted. RECREATION DEPARTMENT: The City Manager submitted a written report trans- mitting the monthly report of the Department of Parks and Recreation for December, 1969. Mr. Thoma$~mored that the report be received and filed. The motion was seconded by Mr. Mheeler and unanimously adopted. SEW£RS A~,~ $~ORM DRAINS-CAPITAL IRPRDL~ME~S: The City Manager submitted the follomlng report recommending that Council authorize theissuance of a change order in the amount of ~3,OO0.O0 to the contract of Branch and Associates Eot the construction of the Lick Rue-Tinker Creek Interceptor Sewer covering the installation of one Joint of cast iron pipe and two piers to permit a minimum clearance of twelve inches between the sanitary saner and a petroleum transmission pipe located in the vicinity of the sanitary land fill entrance at Wise Avenue adjacent to the Norfolk and Restern Overpass omned by the Plantation Pipeline Company, and also recommending that $3,000.00 he appropriated to cover the cost of the change order: "Roanoke, Virginia February 23t 1970 Honorable Mayor and City Council Roanoke, Virginia I attach a memorandum report Of February 10, 1970, to me .from Mr. MeOhee, Assistant City Engineert explaining the situation with regard to the Lick Run - Tinker Creek Intercep- tor Sewer In its relation to a petroleum, line of Plantation Pipe Line Company at Wise Avenue. *On the above project it is necessary to cross the eight inch (6~) petroleum transmission pipe located in the vicinity of the sanitary landft]l entrance at Wise Avenue adjacent to the Norfolk mod Waster. Overpass. This petroleum pipe is owned by Plantation Pipe Line Company and is situated within an easement which proceeds ~he Clty*s easement for tb~ eon- structiou-or the sanitary seuer~ The elevation'of*the petroleum pipe is such that the proposed sanitary sewer mill pass"ovor It ulth a clearance~of eight- inches (6u) bet~weea the outside,surfaces of the two (2) pipes. Plantation Pipe Llne'would prefer that the sanitary sewer pass eeder'the pipe, but'to adjust their pipe to provide for this would cost some $9,000. -They Will allow a minimum clearance of twelve laches (12w) between the petro* leum pipe and the Sanitary semer; Ir the snaitury sewer must pass over their ~lpe, provided that the sanitary sewer is supported on both sides Or the petroleum pipe at points eight feet (H*) from the petroleum pipe* be adjusted, the only way to provide'the minimum clearance and necessary supports is to use a pipe uith a thinner wall thickness and longer Joint lengths than the concrete pipe, and to provide a pier on both sides of the'petroleum Branch and Associates has been requested to submit a price for providing one (1) Joint or cast iron pipe and two (2) piers as detailed on the enclosed sketches, Their submitted price for this additional work is ~3,000o It is my recommendation that the City Council be requested to approve the execution or a change order for this mork in the amount of ~3,000. There mould be no time extension. Enclosed mlth the copy of the proposal is a portion o£ the plan sheet showing the location or the proposed work.* · The construction of this project is under the Ir6? bond issue and I'would recommend the City Conncilts appropriation out of capital funds of the amount Or ~3,000 and your authorization to execute a change order with.the contractor for this work and amount. Respectfully submitted, $/ Julian F. Hits* Julian Fo Hits* City Manager" After a discussion'of the matter, Mr, Trout moved that the C~y Attorney be directed to advise Council as to mhether or not it would be the responsibility of the City of Roanohe or the Plantation Pipeline Company if the petroleum line is changed rather than the sanitary sewer. The motion was seconded by Mr. Boswell and unanimously adopted. WATER DEpAR~EP~r: The City Manager submitted the following report in connection with the request of the Hoard of SuperviSors of Botetourt County that the City of Roanoke open its land in Bore*our* County on the Carvins Cove Natershed to public hunting, recommending that the area not be opened to hunting at this time: "Roanoke, Virginia February 23, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: On your Agenda last week you received a copy of the minutes of the Rote*our* County Board of Supervisors in which the Hoard invited the consideration of the Cit~ Council to the opening of the Carvins Cove land for huh*inf. As I stated, I had not brought their request on to the Council as soon as I had received it in order to have a brief period of time to form any comments that I might wish to convey to the Council. ·Ver! skortly~orte~,~he"Boavd~s action, the Virginia,District Forest Ageot~Mr~P~P,~Moaagkoa~ who patrgls ao~ aeper~lses.the Bo~etourt Coaoty o~eb~'~lslte~ with Nv, B~uer, Asslsta~ Clt! Manager, and dla~ussed~tke proposal'ultk hie. Later X-bt with Mr. Monagkaa In Roanoke and me reviewed the matter ia ~ome detail. This past Mednesdsyt Mr, Bonn, Meter Department Manager, and I visited Ia Fincastle ~mith Mr, A. T, Baskerville, ~he'nem County Manager fora**et*ur* Couatyt and M%. aoaavhaa and (artier dis- cussed the pr~posal, . , _ . - The CIW Codeo Tltle'12, Chapter 2~provides ~gulatlons for the operation of'Carvlns Cove. It permitsf Unde~ Section 2t 'as recreational privileges, the classificat~ons~of fishing, boa(isa and picnicking. Hunting, thus ls'ex~luded, This section of the Code further prohibit~ any person entering on theCarviss Cove area while possessing firearms and prohibits the diicharge or firearms on the property, ~ can understand the Intents mJsh and reasoning of the Botetourt Count~ people with wbod we have talked and I am sure that their thinking is the same as that or the County Board. It should be noted that Mr, Monaghan and his associates in the fire service, as well as law enforcement people In Bo*et*ur* Countlt have given excellent service fn helping to patrol and protect the Carvlns Cove area of the City and mi ob- servations and information are that the cooperation between then and our Girl personnel at the Cove have been excellent. I am sure that this woo~d .cun~lnue. It is my feeling that it would not be wise tn decide at this time to open the Cove area to hunting. This land has ' the paramount purpose of serving as a watershed (or a public water sis*em, Ail else must be subject to t~at purpose. Through the Iears there have been few situations at the Cove that have been counter to pr*pep and adequate protection of the water shed and the storage of the public water suppl~. In view of such experience under the rules that have prevailed, there is a definite hesitancy of disturbing the balance and taking on ae additional use, as public'huntingt which could invite conditions not previously experienced. 'It is recognized that the great ma~orit~ of hunters are dedicated conservationists. It is recognized also that there is some lllegal~hunting occurring from tine to time on the property and that arrests have been made of a few of these~ It furfher Is noted that the Cltl experiences in instances littering conditions bI people who simply visit or mhD fish or boat on the reservoir. There are maul p~ople who use the Cove area for camping, hiking, picnicking, nature studies and the such. ~hore are el~o p~ople who feel *bet the Coye constitutes something of a preserve for gene and wildlife, while on the other side of the issue there ape those who feel that hunting helps control an overpopulation of game and wildlife, I have advised the Bo*et*ntt C~unty representatives with whom I have talked that I feel that the balance of Judgment is that it would be unmise for the Citl to open the area to hunting end this is Dy recommendation to the City Council at this time. In m~ last discussion with them the suggestion was made of something of a compromise arrangement. This would be ~estricted hunting. Beer season starts the third Monday in ~ovenber and runs for two weeks. The small game season commences the first week in November and extends to the 31st of Januarl. Their suggestion as a restricted condition would be that *nil shotguns be permitted on the property and that no vehicles be allowed on the property during the hunting season. I indicated that I felt this could be taken under consideration for a period of time and perhaps at some later date we could give a reaction to this. However, the recomnendatioo at the present would be that there be no change and the Code of the City remain as it now Is, Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager~ : #r~ Boswell moved thnt Council concur In the report o! the City Manager, the motion was seconded by Mr, Wheeler and unanimously adopted, , POLICE DKPARTME~T-FIRE DEPARTME~: The City Manager submitted the following report on the status of the personnel in the Police Department and the Fire Department f~ the month of Januaryo 1970: mEoanoke, Virginia February,23, 1970 Honorabl~ Mayor end City Council Roanoke, Virginia Gentlemen: Listed below Is the status of the Police and the Fire Department as of January 31, 1970: Fire Department Retired Captain R. L. Smith - January 9, 1970 Employed Mr. Jack A. Collier - January S, 1970 Hr. Charles C. Evans - January 9, 1970 Authorized strength: 182 Present strength:101 Police Department ~ame Hired Resiqfled Raymond H. Bowman January 12, 1970 David A. Garraghty N6~ember'll, 1968 December 12, 1969 Ending January, 1970 (S vacancies) Respectfully submitted, S/ Julian F. Hlrst Julian F. Hirst City Homagern Mr. Wheeler moved that the report be'received and filed. The motion was seconded by Hr. Thomas and unanimously adopted, AUDITS: The City Auditor submitted a financial report of the City of Eoanoke for the month of January, 1970. Mr. Pe~kinson'moved thai the report be received and filed. The moth t was seconded by Hr. Thomas and unanimously adopted. In this connection, Mr. Thomas moved that the City Manager and the City Auditor be directed to prepare a report for Council setting forth the current finan- cial status'of the Capital Improvements Bond Issue Program and the current financial status of those Capital Improvement P~gra~s.pre~en%ly committed by'Council outside the Bond Issue Program. The motion was seconded by Mr. Trout and unanimously adopted. ZONING: Council having referred to the City P~aflofng Commission for study, report and recommendation the request of Fralin and Waldr0n,,lncorporated, that approximately 3.65 acres of lind located on Hontrose A~enu&, S. E., between 13th Street and'14th Street, described as Lots I - 3, inclusive, Bl~ck 2, Turner {arkley Map, and Lot 14,' Block 1, M. P. Maid Map, Official Tax Nos. 4220701, 4220704. 4220700s lnclusives 4220711s 4220737 - 4220744, iaclosiver 4220313 - 4220315, inclu- sive, be rezoaed from RD, Duplex Residential Districts to RG-2, General Residential District, the City Planning Commission submitted a written report recommending that the request for rezoalag be granted. Mr. Trout moved that · public hearing Da the request for rezoolag be held at 2 p.m., Monday, March 238 1970e The motion was seconded by Mr. Perkiason and unanimousl) adopted. In this connection, a communication from the City of Roanoke Redevelopment and Housing Authority transmitting a Development Program - Comprehensive Plan covering 105 dwelling units of Iow-rent housing for elderly occupancy to be situated on approximately 3.0S acres of land OD Mom*rose Avenue, 5. ~., between 13th Street and 14th Street, and requesting that Council approve the Comprehensive Plan upon favorable action of the rezoning of the proposed site, was before the body. Mr. Trout moved that the matter be deferred until the public hearing on Monday, March 23s 1970. The motion mas seconded by Mr.'Boswell and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request of Mr. George ~. Maxey, that property located on the northeast side of Stanley Avenue, S. £*s described as a part of Lots 4 and Ss Block 73, Crystal Spring Land Company, Official Tax No. 4070206s be rezoned from RS-3, Single Family Residential District, to RDs Duplex Residential District, the City Planning Commission Submitted the follosiog report recommending that the reques' for rezoulng be denied: "February 19. 1970 The Honorable Roy L. Mebber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request was considered by the Planrlng Commission at its regular meetings of February 4 and February lB, lgYO. At these meetings Mr. George W. Maxey, the petitioner, stated the following: 1. That he wanted to construct a duplex structure on this lot which is located iD a RS-3 District. 2. That he had approximately five (5) years ago received special permission from the City AttorneySs Office and planning department to construct a duplex on this lot. 3. That the Stanley Street area presently consists of numerous duplex structures. The Planning Commission after due conslderatio~ of this matter was of the opinion that: 1. It would not be in the best inter,st of-the city to permit this rezoning. 2.'The petitioners 54 foot lot frontage was not in harmony with the zoning ordinance. 3, Granting of this petition constituted spot zoning. z~pruvdd recommending to City Council that this request for re- zoning be denied, Sincerely, S/ Lothar Mermelstein John H, ParFott In this connection, the City Clerk reported that she has been ~dvised by seconded by Mr. Trout and unanimously adopted. ZONING: Couccil having referred to the City Planning Commission for Woads Avenue, west of Franklin Road, S. W., described as Lot 4, Block 14, Official Tax No, 1030g04, Map of Exchange Building and Investment Company, be rezoned from of the Zoning Ordinance relating to Special Exceptions After Pbblic Notice and Heari* amended to include day-care centers. legal opinion as to amending the Zbning Ordinance and that a public hearing on the matter be held at 2 p.m., Monday, March 23, lg?o. The motion was seconded by Mr. Trout and unanimously adapted. AUDITORIUM-COLISEUM; The committee appointed to tabulate bids received !allowing repor~ reco~wendisg that the bids be reJectdd, ~hat the.specifications be rewritten and that the ires be rabid: Honorable Mayor and City Council Roanoke, Virginia ~ Gentlemen~ . - *Roanoke, Virginia February 23, 1970 Bids were received and opened at the meeting/of City Council on February 9, 19'/0, fo~the 'purchise'of & fork-lift truck for use at the Roanoke Civic Center. Three bids were received rot the purchase Of a gasoline powered 2SOO'pound ' capacity fork-lift truck to be equipped with pneumatic tires. The bid 5f Haight Engineering Company, aoanoke~ ¥irginia, in the amount of $6,0?4 was low. This low bid exceeded the fnnds available for this project.' Nose of the three bids received completely complied with the specifications provided by the City of Roanoke, The low bid of Raight Engineering Company for the provision of a Yale No. 692P*025 fork-lift with a 44 brake horse-po~er engine did not comply with the 50 brahe borne-power specified. It would be the recommendation of your committee that ~11 three bids be rejected, that the ~pecificatiens be written and this item be rabid in an effort to provide a fork-lift with the 2t500 pound capability within the fonds allotted, Respectfully submitted, S! Byron E. Baser Byron E. Hanes, Chairman S! Howard K. Radford Howard E, Radford S/ Bm*ford B. Thump, os Bueford B. Thompson S/ John M. Chappelear,.Jr. John W. Chappelear, Mr. Rheeler moved that Council concur in the recommendation of the commit tee and offered the following Resolution rejecting all bids and directing the City Manager to ready*raise for bids on the matter: (~19069) A RESOLUTXON rejecting all bids received for fu~nishing a fork- lift truch for use at the Roanoke Civic Center, and directing that the matter be rea~rertised for bids. (For full text of Resolution, see Resolution Book No. 34, page 172.) Rt. Wheeler moved the adoption of the Resolution. The motion was secondet by Mr. Thomas and adopted by the following vote: AYES: Messrs. Boswell, Perkinson, Thomas, Trout, Wheeler and Mayor Webber ............................ NAYS: None ..............o. (Mr. Lisk absent) AUDIYORIUR-COLISEUM: The committee appointed to,~abulate bids received on furnishing and delivering portable backdrops for th~ portable stages for use in the Roanoke Civic Center and Bxhibit Hall submitted the following report recommendis that the low bid of Filjon, Incorporated, in the amount of $1,998.00, be accepted: -. : 'Roanoke, Virginia February 23, 1970 Honorable Mayor amd City Council R,an,he, Virginia Gentlemen: On-Moaday~Febreor7 9, 1970, bids were rem,iced and opened at the meeting of City Council for the purchase of portable backdrops for-the stages at the Roanoke Civic Center, Two bids w?re received for the provision of these portable backdrops with the bid of FilJon, Incorporated, of Syracuse, Hem Y0rh,.ln, the amount of $1,998 beirg low. This bid is mithin the funds allocated .for this purchase and the product as.bid is in conformance with the specifications provided. It is the r~commendation of your committee that City Council accept the bid of FilJon, Incorporated, to provide the new portable backdrops in the amount of $1,999 and it is further recommended tha~ the b~d submitted by Lawrence Fabricators, Incorporated, of Lynbrookt New York, be rejected. Respectfully submittedt S/ Byron E. Hamer, Byron E. Hamer, Chairman S/ H,nard E. Radford Howard E. Radford S/ Bueford B. Thompson Bueford B. Thompson S/ Joh~ W. Chappeleart Jr. John W. Chappeleart Jr." Mr. PerkJnsou moved that Council concur in the recommendation of the committee and offered the following emergency Ordinance: (~19070) AN ORDINASCE providing for the furri~hing and delivgry of~ portable backdrops £or portable stages for use in the Roanoke Civic Center Coliseum and Exhibit Hall* by accepting a certain pr,p,sa} made :to the City for the supply of same upon certain terms and conditions; rejecting other bids ma~e to the City; and providing for an emergency. ,(For full text of Ordinance, see Ordinance Hook No. 34, page 172.) Hr. Perhlnson m,red.the adoption of the Ordinance. The motion Mas second by M~. Thomas and adopted by the following vote: AYES: Messrs. H,swellt Perkins*n, Thomas, Troutt ~heeler and Mayor Webber ............................... NAYS: None ................O. (Mr. Lisk absent) UNFINISHED BUSINESS: NONE, CONSII~ERATION OF CLAIMS: NONE. I NTRODUCTIO~ AND CONSICERATION OF ORDINANCES AND.RESOLUTIONS:' SPECIAL PERMITS-STREETS ANH ALLEYS: Ordinance No. 190~?, temporarily granting perml~sloo to Btgh'a of Roanoke, Incorporated, o~ner of Lot,lb, Block Map of Melrose Land Company, to ~onstruct and maintain a seven foot link wire fence in the street an~ side,elk area of Melrose Avenue and l§th Street, N. W.,,said fence not to extend more than two feet into the street and sideuolk areal havleg previounl2 been before Council for its first readings reed and laid over, was again before the body, Hr, Wheeler offering the following for its second reading nnd final adoption: (x19067) AN ORDINANCE permitting a temporary encroachment into a sidewall and street area for u distance of not more than,two (2) feet of a certain fence to be erected around certain property situate on the northuest corner of Melrose Avenue and IBth Street0 N,.#ot upon certain terns.and conditbns, . (For full text of Ordinance, see Ordinance Book No, 34, page 170,) Hr, Wheeler moved the adoption of the Ordinance. The notion was seconded by Mr. Trout ned adopted by the following vote: AYES:. Nes~rs. Boswell, Perkins*n, Thomas, Trout, Wheeler and Mayor lebber ............~ ............ 6, NAYS~ None ...........O. (Mr. Lisk absent) INDUSTRIES-WATER I~EPARTME~: Councl! having directed the City Attorney to prepare the proper measure authorizing the proper city officials to execute, for and on behalf of the City of Roanoke, a contract to be dated as of the 12th day Of July. 1970. between the City of Roanoke and Industrial Development and Investment Company for the leasing of the flow of water from the Muse and House Springs for a coating*ct period of ten years, at a rental of ~6,000.00 per year, he presented whereupon, Mr. Wheeler moved that the following Ordinance be placed upon its first reading; (=19071) AN ORDINANCE authorizing the proper City officials to execute, for and on behalf of the City of Roanoke, a contract to be dated as of the 12th day of July, 1970, between the City of Roanoke and Industrial Development and Xnvestment Company for the leasing of the flow of water from the Muse and House Springs for a contingent period of ten (lO) years, at a rental of ~6,000.00 per year. WHEREAS, a certain contract made and entered into between the City cf Roanoke and American Viscose Corporation dated July 12, 1950, pursuant to the provi- sions of Ordinance No. 10608 of the Council, which said contract was later, and in accordance with the provisions of Resolution No. 15453, assigned by said corporation to Industrial Development C Investment Company, expires by its terms on July 11, 197( and Industrial Oevelopsent 6 Investment Company has.negotiated through the City Manal for a new and similar contract; and WHEREAS, the City Manager has.recommended to the Council that the City cffE enter into a new contract in the premises, advising.the Council that the City sti] has no present need for the use of the water from Muse and House Springs in its publt distribution system. THEREFOREt BE IT ORDAINED by the Council of the Cityof Roanoke that the City Manager be, and he is hereby authorized and empowered to execute, and the City Clerk is authorized and directed to seal and attest, for.and on behalf of the City of Roanoke,.a contract to be dated as of the 12th day of July, 1970, between the Cit of Roanoke and Industrinl Development ~ Investment Company for the leasing of the fl of water rros theHusenad House Spr~ngs~ maid contract to contain us covenants and agreements be,mean the parties those covenants and agreements beretof~re set out in Ordinance No. 10608 of'the Council and fncorp?rate~ into the ~ontruct entered into pursuant to said ordinnncet adapted to the present clrcosstances and except ,bat the contract herein authorized to be executed shall be for a COntingent term of ten (10) years commencing July 12, 1970, and that the consideration to be paid to the City by its contracting party shall b~ $60,000.00 for the full ten-lear term thereof. payable in equal annual installments of $6,000.00o eacht the first such annual lnsta sent to be due and payable as of the date of said contract and annual payuents of th, sase amount to be sade on the sane day of each and every year durin9 the term of salq contract; said contract to be upon such form as is drawn and approved by the City Attorney. The ~otion was s~conded by'Mr. Trout and adop~ed by the f,Il,sin9 vote: AYES: Messrs. Boswellv Perklnson, Thomas, Trout, Wheeler and Royor Webber ......................... 6. NAYS: None ..........O. (Ur.~Lfsk absent) ~OTIONS A~'RIS~ELLANEOOS ~DSI~ESS: PLANNING: Mr. David H. ~odbury, 1027 Rugby Doolevar~, No W., appeared before Councl~ and requested information on the status of the Oainsboro Neighborhood Development Project, In this Connectiont the City Manager advised that he has a lengthy report to present to Council at the next regular meeting of the body on M~nday, March 2, and requested that the matter be deferred ~ntil that time. Mr. Zraut moved that the satter be deferred until the next regular'meeting of Council on Monday, March 2s 1970. The motion was seconded by Mr. Wheeler and unanimously adopted. PENSIONS-POLICE DEPARTMENT-FIRE I~PARTME~T: Mr. Perkinson presentedthe follomfng prepared state,ant on the question of persittlng city esployees or former city employees cIassifled in Groups I - 9, inclusive, of the Pay Plant Co be retalne~ or rehlred beyond their 65th birthday if they are physically able to do their Job an~ to do it in a satisfactory manner, it being understood that the retired city employee who desire to be rebired ~ill be required to forego receiving a city pension during employment by the citytsald pension to be resused upon termination of employment of the employee by the city: "PROPOSAL FOR EMPLOYEES 65 YEARS OF AGE OR OLDER It bas been brought to my attention that the City of Roanoke has sase employees in our low pay scale Jobs that have been or will be required to retire at 65 that are drawing or will be drastng pensions in sums as low as $19.00 a moath,'which is certainly not an ample pension for a livelihood at this tine. It has his, been brought to my attention that some of these employees are in good physical condition and are doing or could do their jobs in a very satisfactory manner. ~hese employees could be very valuable-to.the eity~simee they are~ueil traiaed ~o do the!r Job and slice repl'ocememts are've~'difficult to rind that mill do the J6b in;the same ~anner-as these olderewplo- I'would, the~o~,~o~s~' ~ha~ au o~din~ce be dr~un to permit-all employees or. former employees classified in . Groups through 9 be permitted to be retained or rehlred on - their Ich ir they are:physically able~to~do their Job and ~o do it ia a satisfactory manner~ this condition ~o be determie6d by the employee*s Immediate supervisor under whom they work er have worked. A written request should be submitted by said employee to his or her lmbediate superyisor rot permission to work beyond his or her 6$th birthday. It Is further proposed'tha~ the employees already retired that are dramlng a city pension, and desire to be rehlred should be required'to forego the receiving of a city pension during his or her said employment by the cltyt said pension to be resumed upon termination of employment of said employee by the city. These employees will not be a part of the now existing pension plan while so employed but will be classified as full- time employees with all other privileges." In this connection, Mr~ Roy P. Melvin, Janitory, ~est End Elementary School, appeared before the body and explained how the present arrangement applies him. After a discussion of the question, Mr. Perklnson moved that the matter be referred to a committee composed of Mr. Frank N. Perkinson, Jr, t Chairman, Mayor Roy L. Webber and Mr. J. Robert Tho~as for study, report and recommendation to Council. Th~mo~io~ was seconded by Mr. ~rout and unanimously adopted. MOth regard to the matter, Mayor ~ebber pointed out that there should be an additional member added to this committee and appointed the C~ty Manager as said tdditional member. There being no further business, Mayor ~ebher declared the meeting ad- curried. APPROVED AT*rEST: ~ . COUNCIL, REGULAR MEETING, - ~ Moudey, Msrch 2, 1970o The Council of the City of Roanoke met in regular meeting in the Council Chamber in ~he Municipal Bul~diege Monday, M~rch 2, 1970, at 2 p .... the regular meeting hour, with Mayor Mebber presiding. PRESENT: Councilmen John M. Boswell, David K. Link, Haupton ~. Thouast Vincent S~ Mbeeler ~nd M~yor Roy L. Mebb .......................................5. ABSENT: Councilmen Frank N. Perkinson, Jr** an~ James 0'. Trout ....... OFFICERS PRESENT: Mr. Julian F. Hlrst, City Manager~ Mr. Byron E.' Ban*r, Assistant City Manager, Mr. James N. Klncanon, City Attorney, and Mr. J. Robert Thomas, City Auditor. IH¥OCATION: The meeting was opened with a prayer by the Reverend Edgar A ~otts, One'of th~'Mlnfster~ o~ t~e G ..... M .... Iai Methodist Church, MIN~ES~ ~opy of the minutes of the regnl ..... ting held on Monday, January 2&~ ~970t having been fu;nished each member of Council, on motion of Mr. Lis seconded by Rt. ~homas and unanimously adopted, the reading thereof was' dispensed with and the minutes approved as recorded. ACTS OF ACKNO~LEDGERENT-MUNICIPAL COURT: Mayor Jabber' called to the attention of ~ouncll' the recent passing of the Honorable [llmer F. ~Illard, Substitu Judge of the Municipal Court of the City o~ Roanoke on February 22, 1970. In this connection, Mr. Link offered the folloming Resolution: (mlgOT2) A RESOLUTION relating ~o the Late HONORABLE ~ILMER F. DILLARD. Substitute Judge of the Municipal Court of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 34, page 174.) Mr. Lisk moved the adoption Of the Resolution. ~he motion was seconded bi Mr. ~heeler and' adopted by the following ALES: Messrs. Bos~el~ Lisk, Thomas, Hheeler and Mayor Mebber ...........5. NA~S: Hone ............................................................. O. (Me ..... ~erki .... ~d T;out ab;eat) : ST~DIBM: Pursuant to ~ti~e ;f advertis .... t for bid ..... terprooflng the we;t stands a~ Ftctory Stadium, sa}d proposals to be'received by the City Clerk until 2 p.m., M;nday, March 2, 1970, ~nd to he'opened at that h~ur before Council,' ~ayor ~ebber asked I~ anyone had any questions about th; advert~s .... t, and ..... presentative present raisin~ 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: ~kyline ~aint ~ Hardware, Incorporated - $ 16,634.00 flodges Lumber Corporation - 19,600.00 Lo R. Browne St°, Paint Company - 21,500.00 Carolinas Naterproofing Companys Incorporated - 29,230.00 Mr. Link moved that the bids be referred to a committ~ to be appointed ~y the Mayor_for t~buintloa, report and renommeadotJou to Cooscll, the City Attorney to prepare, the proppr measure fa accordance with the recommendation of the committee, The motion mas seconded by hr. Thomas and unanimously adopted. Mayor #ebber appointed Messrs. Byron K. Hamer, Chalrmsn~ Rex T. Mitchell, and Sam H. HcGhe~'. 'III, as nember~ of the ~ommltte~, PETITIONS AND COMMUNICATIONS: ZONING: A c~mmuui~etion fr~m Hr. Arthur B. Crush, Jr** ~ttorney, tuques*in that Subsection'T, Studios, be added to Section 8'of the Zoning Ordiuance.~ela~ing to Sp~claltExcepti6ns After-PubliX'No*ice and Hea~lng by the Board of Za~ng~nfea~,was bef Mr. Thomas ~oved that the'matter'be referred to the City Planning Commisslo for study, r~po~t and r~commendation t~ Council.' The not'on bas seconded by Mr. Mheeler and unanimously adopted. SPECIAL PERMITS: A communication from Mr. B.~;~C~op~el~,r~qu~sting~thut theste~s~iu'fro~t' of the residence at 1007 Lafayette Boulevard, H. M., be permitted to encroach approximately four feet on the sidewalk, was before CoUncil. Mr. Mheeler'moved that the matter be referred to the City~ Manager for report and recommendation to Council.' The motion was seconded by Rr.'Lis~ and unanimously adopted. HEALTH DEPARTMENT: A co~municntion from Mr. Joseph C. Bromn, Adminlstratl Assistant~ Roanoke· City Health Department, advising that the Roanoke City Health Department ~ade a'depeslt with the Office of the Treasurer of the City of Roanoke in the omoun~ of $4,751.79 on February IH, Ir?O, re,resenting a refund for the pa~ticipatlbn of the ~oafloke City Health Department Iff the General Medical Clinic, which also includes P~armacy participation, for a five-month period from July 1 through*~ovember ~0, ~g69, and that the month'of December will reflect iff the next check to be received sometim~ after July 1, 1970, was before Council. Mr. ~heeler moved that the c~mmunication be received and filed. ~he ~as seconded by Mr. Zhomas and unanimo~sly adopted.' ZONING~ A communication from Hr. Arthur H. Crush, Jr** Attorney, represent Richard H. Fisher and Frank L. Reid, Jr., requesting that property l~cated the corner of Broadway and Stephen~on Avenue, S. M., described os Lot 1, Block Crystal Spring Land Company, Official Tax NOS. 1160109 and 1160131~ and Lot 2, Block 1, 6ollyhon Addition, Of{icial Tax No. 1160110, b~ rezoned from RS-3, Single Family Re~ideutial District, to C-I, Office and Institu~ionnl'District~ was be~r~ Council. Mr.'Thomas moved that the request for rezonin~ be referred to the City Planning Commission for study, report and Yecommendation to Council. The motion was seconded by Mr. Mheeler and unanimously adopted. SZRBETS AND ALLEYS: An application from Mr. Talfourd H. Ke~per, Attorney, represen~inglRoanoke Coca-Cola Hot*ling Murks, InCorporated, requesting that an alley approxlmbtely 25 feet wide and lOO feet lo~g extending in'~ sobtherly' direction from Center Avenue, N. ~., to another alley wh~ h runs generally east and we~t between and parallel to ~hlrd Street and Fourth Street, N. M., be vacated, discontinued and clos was before Conncil. 'Mr. Link offered the following Resolution providing for the appointment of viewers in connection with the application for closing the alley: (#19073) A RESOLUTION providing for the appointment of five freeholders. any three of whom may act, as viewers in connection with the application of. the Roanoke Coca-Cola Bottling Works, Inc. to permanently vacate, discontinue and close a certain alley, approximately 25 feet wide and 100 feet long. and extending in a southerly direction from Center Avenue No W.f to another alley which runs generally ~ast and meat between Third and Fourth Streets. N. W. (For full text of Resolution. see Resolution Book Ho. 34, page 175.) MF~ Link moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: HAYS: Hone ............................................ 0 (Messrs. Perkinson and Trout absent) (Mr. Boswell not voting) Mr. Link then moved that the matter be referred to the City Planning Commission for studyt report and recommendation to Council. The motion mas seconded by Mr. Thomas and adopted, Mr. Boswell not voting. REPORTS OF OFFICERS: BUDCET-LICENSES-CIT¥ TR£ASURER~COMRXSSIOHER OF THC RE%~NUE-HEALTR DRP~TME~: The City Manager submitted the fei lowing report recommending that $500.00 he appropriated to provide funds for the rental, alteration and provision of utilities in connection with the operation of a trailer to be located on the Health Department lawn to be used for the sale of city auto tags: "Roanoke,* Virginia March 20 1970 Honorable Mayor and City Council Rbauoket Virginia Gentlemen: During recent years the City has utllized a house type trailer for the Commissioner of Revenue and the City Treasurer to utilize for the issuance of City auto tags and for the collection of payment for these tags. The sale of City auto tags will occur between March 16 and April 15 of this year. As the house trailer has been parked on the Health Center citizens as well as for the Commissioner of Revenue and the City Treasurer. For this reason the Commissio'ner of Revenue has once again requested this arrangement for this year. Should City Council concur with this arrangement, necessary precautions will be taken in the construction of the steps leading to and from the trailer entrances to provide a maximum of safety to the people utilizing these entrances. It Is recommended that. Cl[y Council appropriate the sum of $500 to Municipal Building Account No. 63, for renting, altering and provision of utilities and operation of this trailer. Respectfully submitted, S/ Julian F. Hlrst Julian F. Hirst City Manager" Mr. Link moved that Council concur in the recommendation of the City Manag and offered the fei. lowing emergency Ordinance: ($1gOTd) AS ORDINANCE to amend and reordoin Section #63, "#uniclpal Euilding,w of the 1969-70 Appropriation Ordinance, and pro,riding for an emergency. (For full tex~ of Ordinance, see Ord.lnanc~ Eook No. 34, page 176.) Mr. Llsh moved the adoption of the. Ordinance. The motion ~as seconded by Mr. Thomss and adopted by the follcwia~ AYES: Messrs. Hosmel.l, ~ls~, Thomas, Mheeler and Mayor Mebber .......... $. NAYS: ~oneff .................... ff ................................... O. (Messrs. Perkin~on and Trout. absent) pARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted following report in connection with his recommendation, that ~he extreme'~ northeast )or,ion of Fallen Park be used for landfill purposes with a view of d~veloping the trna into unhlh phrk lhdd,,reco~e~dibg that the' city finish using the Yinke~ Creek Landfill-area to its fullest capacity on the basis of present final level of filling and pursue two locations ~ther than Fallen Park for the time be.icg: #R.oano~e, Virginia March 2, 1970 Honorable Mayo~ and City Council Roanokes Virginia Gentlemen: : aa Monday erenlng, February ~3, 1970, Mr, Droyles, Director of Public Murks, a~d I conducted a public meeting at the Belmont Elementary School on the proposal that hid been made to the City Council for the use of a portion of the northeast corner of Fal- Ion Park for a $~aitary landfill, The men*log had been publici- zed by mailing announcements of it to known residents surrounding the park, by news media publicity and, I believer by extensive word of m~uth, It is felt that any persons having reason to have knowledge' of the meeting did know that it was being held. It was my count that approximately 175 persons were, in attendanceo Because of the number of personst because of the manner in which the meeting mas conducted and because ~f the* spontaneous nature of many of the comments it was not possible to identify ail'of the persons who spoke by name or residence or to identify by name or residence the many who did not speak. However, it mas known that some of those present lived adjoining or close to Falloa Park, nope lived in portions of areas near the p~rk, some lived some distance away in the southeast section of the City and some attended the ~eetlng from other parts of the City. Mr, Broyles and I endeavored to explain the matter of meeting. Slides mere sbwon of unsatisfactory refuse disposal methods in the Valley a~ea, of sanitary landfill procedures, specifically the East Gate project and of the Cityts hopeful transfer station arrangement, .The background of the refuse disposal situation mas described as to the circumstances tho. have led to this proposal and then an attempt was made to describe verbally and by charts the section of the park arm that has been proposed t~ be used, hum it mould be used and how It would be returned to park use. It is felt that a full period was provided for audience questions and comments and the meetihg was not clOsed'until a ~umber of the people had begun t~ voluntarily leave. It is'judged that a majority of the people present mere in oppoation to the proposal. The reasons were numerous and believe that I am reasonable accurate In listing them as follows: dislike of refuse or garbage disposal in the area; odor; inter- ference with use of the ~ark; disturbance of beauty of the park; bi*ming of~trxeka~trllh;O~ streets.from traveling tracks; truck traffic generated; hnndicsp of us~-o! the park by Jamisoo School chlldreea rsts;.IocetlOa:lathe southeast area~of the ClWt use of the .proposed sulsming pool locatl0n~ violstion of deed and mill of the late Hr. Fall*n; unsightliness; closeness to homes; Iudt the laodflll will sink. If any points have been omlttedt ft is uniotentionsl. - ~ . I will,out.attempt ia this arising to detail tempo*sen to each of these items.. At the meetlngMr, argyles or I tried.to comment on esch when it man,raised. MaRy of the points have been commented on before City Council lo the past in regard to sanitary lcndrlll operatione at other locations. Soe~ general Dislihe~ls a matter of opinion and while'such installations are seldom wale*medalS is generally t~ue that there ls.reasonnble . satisfaction after they hare been completed.' Rats ore not known not occur except sometimes in thc Immediate area of the davy disposal. BI*ming of trash can be reasonable controlled by fencing. Truck trnfrio does exist and cannn~ be denied. Trash on the streets is,alwaysa problem of control with the Clty*s enclosed vehicles being u~ually not the contributor.but the difficulty coming from private open vehicles. Unsightliness is also a matter of The homes involved in elosenes~ of distance are the several os the south side of lisa Avenue.and the several hundred feet betmeen those homes and the area should be a minlnnm problem with a wooded hill in between. There is no evidence of a well compacted landfill e~periencing sinking. There mill be a disturbance of the ex~sting appear*nee of this area of the park and if a landfill Is lost*lied, during lis use it would not have the natural appeam~ce that it nom does. It is felt that the end result mould benefit the appearance and the construction during the landfill will offer an opportunity to clean oat and prove the wooded areas adjoining. Mith the large amount of the area Of the park that will not be involved in this procedure, there shoild not be any Iht*reference of the use of the park by the children of Jamison School. The bi*ming of trash can be controlled by high fencin~ although admittedly this cannot always ~e perfec(, Through f~nclng also safety of.park users can be maintained, Access to the landfill area mould not be permitted from Dale Avenue and thereby ~hrough the park. There have been frequent references to thi! partiooIar area being the site of a propose~ swim, lng pool, As I moatS*ned at the meeting It Is not ny recollection that over a period of several years there have been possibly three locations within thq park noted as possible pool sites. Certainly it is not recommended that a swimming pool be coqstracted on a landfill because of the nature of pool construction. Irregardles! of whether or not a landfill' might go into this s~ction of the p~rk, I think that there is some question as to this particular area being the one that would'be desira~le for a pool because it is felt that a swimming pool should be situated ia a less.remote portion of the path mirA, of course, the control of access to public sewer lines. On the p~lnt of why go into Fal~n4Park, I think'that this goes baci to the situation on the City in locating an area for a landfill. Most of this has been gone over at the meetingt before City Council and on other ociasions and I would not go into great detail In repetition. Should the park hare to be used, it is felt that it would be done in such a manner as to benefit the over- all usability of the park and to afford additional recreation Opportunities in this presently undeveloped section. On the point, s~veral times mentioned, that this operation would be in violation of the deed and mill, I believe that the City Attorney can better explain or clarify that.than X, It was saggested by one speaker that an injunction would be obtained against (he City on such use. This, of courset would.be a matter of decision by those who might consider this course of action. The present clergyman who directs the community group which has expressed itself as lead~ng in the opposition, strongly stated that there would be a march or marches on the City Council and that people could chain themselves to the equtpmen{o Perhaps I have had the wrong impression, but sum*hum it has not seemed to me {hat this is the way that Roanoke people do business or represent their objections and positions on community matters. I could not hdp but be concerted-it the reiotivetloe of~aeetiohellsa es a Beth'od of proaotiag~oppos~ioe:tO the preJect i~espe~tive~of the'project itself.. This does act.benefit tbo'~eztire cowafll~y;ead especially. cea hera the growth and progress'of e~partioular section,~'- - , I can certainly recognize the feelings or'a number or people who ere sincere f, this matter. It il se obligation.of tho City government es · pert or these people to hear and to respect these feelings, There must at the sane time be considered total- community needs and the~ which is to the best Interest of all, When me ~roposed_t~ls:location to the Cit~ Council i few meeks ago, it had bee'n~c~asideredthzt the hills on.either side of this area would be leveled in mhole .or.in part and used as fill material. As was stated at the meeting my thoog~ts~' hare changed and if a landfill were to go In this area it mould be planned between the hills, leaving the existing trees and cleaning tbs undergrowth and .Improving the area. One gentlemen suggested that In periods of heavy minds, there is a draft through the draw in which the location of the landfill is proposed, This point is well taken and if a landfill were installed it mould be planned to pall hack the~ontb line of such an area from the ridge and toward the'railroad to better control any possible bloming from this draft situation. The City has z problem In disposal of its refuse and when ~he present property along Tinker Creek is completed in its use · a very serious problem will occur. It is felt that the Fallen Park area should be used only under what might be called euergen- cy circumstances and the four to fire months possible hie best describes that it is only a teeporary situation to meet what might be an immediate need. I would recommend to the City Council that we go by the following.procedure; 1o Finish out using the Tinker Creek landfill area to its fullest capacity on the basis of present final level , of filling. ~arsue, as we are Yery actively doing right now~ two locations which lf~tbe~ can in any way be morhed oute would represent long-term sites. Continue with hope that something can.be resolved on a regional landfill system as was proposed for the Orushy Mountain area but time is not with us on this and hope does not dispose Of refuse. 4. In the event we reach a critical situation and have on other reasonable alternative I would ask of City Cou~ncil clearance to use available sites. This would be an euergency situation. Two possible areas under these conditions would be the following: A, The northeast corner of Fallen Park as described and with the restrictions stated. B. A portion of land known as Fern Park, This is un- developed and unused property of the City, South- west of Yellow Mountain Road and west of the point where Yellow Mountain Road passes under the Parkway Spur to Mill Mountain. We have not favored this location because of the dlfficalties c~ heavy track movement on Yellow Mountain Road in either direction. 5. Roanoke County has advised of its Invitation to use their disposal grounds at Dixie Caverns. Re have been reluctant on this because of the travel distance Involved la our present equipment operation system and because the wide area ,operation conducted there might be adversely presented as an example should the City later seek to go into land- fill developuent at another location. The oppertnnit~ of meeting with the citizens at Belmont School was appreciated and welcomed. It is alway~ beneficial to thoroughly discuss a ~atter in which the public might wish information or have Respectfully submittede S! Julian F. Rirst Julian~.r ~lrst City Manager~ At this polute Mr. Perhisson entered the meeting. In a discussion o! the matter, the City Manager advised Council that it h~ been suggested the city use n portion of Fishburn Park for landfill purposes and pointed out that ia his opinion there are fire reasons why the city should mt use any further portion of Flshburs Perk: 1. The city constructed n sewer line which joes through FJshburn Park: 2. Council set aside 12 acres of Fishburn Park to the Roanoke City School Board for public school purposes; 3. Council conveyed to Virginia Western Community College 35 acres of Flabburm Perk in 1966; 4, Council conveyed to the Blue Midge 'ET¥ Association five acres of Fishburn Park in 1966; and S. Cooncil conveyed an udditimai 23 acres of land in Flshburn Path to the Roanoke City School Board for the construction of the Janes madison Junior Blgh School. Zhe City Raaager commented'on other cooplalnts by residents in the area such as the question of JamesOn Elementary School children using the park as a play area, advising that as far as he has been able to investigate the matter these children do not go into this section of Pellon Park and the question of the landfil] being placed in t~e e~act location of the proposed swimming,poole advising that thee area of Fallon Park is too isolated and remote for control and supervision to be Justified as a swimming pool location. In this connection, t~e City Attorney submitted the following report ex- pressing the opinion that Council mayo in the exercise of its discretion, authorize and apprnve the accomplishment of a plan such as mould employ proper, approved land- fill methods in the grading, cutting and fillin9 of such area or ~ortion of the Pellon Park property as would be improved or be rendered more usable to the citizeni of Roanoke for park and r~creational purposes, as a result of such cutting, grading and filling: "February 16, 1970 The Honorable Mayor and Members of ROanOk~ City Council Roanoke, Virginia Gentle~en: The City Manager recently proposed aud requested ~hat the Council authoriee and approve the employment o~ landfill methods to cut and fill what is described as the extreme northeasterly portion, o$ ~pproximately ten acres of land south of Wise Avenue and west of the Norfolk ~ Western Railway Compendia Tinker Creek track line right-of-way. It is stated that the area of land proposed is not in active 'park use, but include~ two nearby overgrown hills which, by ' leveling and by use of the material removed as cover mater~al for a landfill operation on and betmeen the hills, would produce an area Of useable land offering better opportunity for park development. It iS further stated that in the absence of the use of the type of cutting and filling that wo~ld b~ employe~ in a landfill operation, use of the particular area for public recreational purposes may be further ~eferred for some years. The City Manager has pointed out as examples of what would he accomplished under his proposal the rather recent instances of grading and filling accomplished by modern la,ndfill methods of the a~ac which ls~noudedicated~sd~o~era~ed'cs the East Gate Perk iud the ~areus immbdlately' east' and southes~ of the' Fallen*Pith.area om~whfcb~the ciax bas very'rscestly conducted extensive nad extrbmbly satisfactory grading and filling oper- ations, and whioh~latter.aress~sre intended Sees to be acquired by the City for cdditiozsl public park areas. I have been directed by th~ Council to provide'au opinion us to the lawfulness of the method proposed.to be omployed~ln the abovemeutimed nven~ particularly aS-to provisions which may he contained in u deed from asdio the will o! the~late Frank FaLlen whose generosity to the citizens of the City provided the major portiont but u~nIle of the land that, generally, is referred. to as Fallen Park, ~ · Of the area involved by the City Uanagerts proposal to the Conncllt four lots, consisting of allof Section 31 of the former NcDonald Addition, and located in the extreme northeast portion of the proposed ten-acre area, Mere purchased by the · City at public auction in 1952 in the course of u Judicial sale held in a suit brought to enforce the lien of taxes on-said lots, The remainder Of the proposed ten-acre area consists of land · which passed et the City under the will of the late Frank Fallen containing the following words: . 'I devise unto the CITF OF ROANO~Et VIRGINIA, for the purpose of an addition to Fallen Park, in the south- east section of the city, all of the real estate of which I may die seined that lies north of Gale Avenue between Fallen Park and Tinker Creek." Theretofore, and by deed dated August 14, 1925, Frank Fallen had conveyed to the City in coosideration of one dollar, cash and for ~ther considerations consisting of the City*s construc- tion of certain street pavement and sanitary sewers"and of payment or waiver Of 1925 taxes on the property conve~ed, approxi- mately thrity-eight acres Of what now is the westernmost half of the area known as Fallen Park, that .deed containing the following provisions: · It being distinctly understood and agreed that the land herein conveyed is to be .used only for the purpose of a park for the benefit of the citizens · of the City of Roanoke.* I have found no other words of limitation relative to the use of any of the abovedescribed land in either the deed or the will above referred to; and neither instrument contains what are commonl~ referred to as reverter provisions, applicable upon an~ breach of · convenant or condition stated in the instrument. The City has the authority, under its Charter and the general lams, to establish and maintain parks, playgrounds and*other public grounds and it has the authority to acquire property by purchase, gift, devise, condemnation or otherwise for any of the purposes of the City, and to hold and improve and. in some lustanc~st but not parks, to sell the same. Llkewise,'it has the essential authority to collect and dispose of trash, and refuse. In a reported case dealing with a cityts authority to construct a large trunk sewer line through a public park, a portion of which line of necessity Mas laid above the surface of the g~ound, a court has said: "Parks are relatively necessary in modern cities, but sewers are absolutely necessary, t; and that "The building of a sewer upon the cityts property is not aecessarJl~ a diversion of the uses of the park, o It is beyond question that the CltyOs parks are* for. the b~e~lt oft and are held in trust by the City for, the public; and that~ aside from restrictions and/or conditions created by deed or mlllt the use and control of public parks are subject to the general limitation that t~elr uses shall be reasonable'and not inconsistent with the uses and purposes of their establishment. The appropriate uses of park property which ma~'he made by a city are not subject to exact definition or enumeration, but. certainly, they must he in the public interest. The circa,stances in each case are to be considered in determining whether or not a proposed use or action be lawful. While in many reported cases various proposed uses of public park property have been examined by a court and disallowed; in other cnses, such things as the construction of public utility lines,~tuseel'entra~c~ec,~" s~o~m driin chnooelimprove~eats, n tempornry~ trailer camp to relieve an acute housing shortage, some types"6f roadunys-and, ns ne~tioeed above, seuer~linest hove been held sot to constitute such Inconsistent uae us to be pro- The proposal before the C6us'~ll d~e~-not recommend an abandonment for perks*es of any portion of the e~rthensterl! portion of the Fallon Pirk, nor does it propose any permanent diversion of the present Intended park use. Rather, the proposal made lc described as being intended~o result, in the immediate for*enable future, in making the northeasterly portion of the park area acre suitable for park and recreational area*for ~embers of the public. Whether or not the proposal is based upon formal studies and prepared plans is not set oat In the record be/ore cae Council. There is no doubt in. my ml'nd but that the City, acting through its City Council, has the authority to authorize in any park property such cutting, grading and filling as may be considered reasonable necessary or desirable tn improve or promote the better or more convenient use of the particular land for public park and recrea- tional purposes, and this.mi*hour breach Of any Of the usual deed or will prorislns, conditions or covenants dedicating that land for park purposes, or of any principle of law. The method by which the grading and filling may be accomplished is, to my mind of no partlcnlar significance, so long as the total result Is to benefit or improve the land for its superior *purpose as a public park. The essential factor seems to me to be that there be a definite plan,-setting out at least the immediate result to be achieved; that the plan be closely adhered to; and that the result of per- forming the plan be of the nature of an Improvement or betterment of the physical characteristics of the lead prerlously acquired for park uses and purposes, for those purposes or, certainly not inconsistent with or destructive of those purposes. Accordingly, I am of opinion that the Counci! may, in the exercise of its discretion, authorize and approve the accomplishment of a plan such as mould employ proper, approved landfill methods fa the grading, cutting and filling of such area or portion of the Fallon Park property us would be improved or be rendered more useable to the citizens of the City f6r park and recreational purposes, as a result of such cutting, grading ~hd:filling; otherwise, and if not reasonably shown to result in such improved use, the plan should be disapproved. Respectfully, S/ J. N. Kincaoon J. H. ~iflcanon' Mr. *heeler moved that the report be received and filed. The motion mas seconded by Mr. Thomas and unanimously adopted. ~ith reference to the-matter, approximately 75 citiaens appeared in oppostition to the proposal to use a portion of Fallon Park for landfill purposes. With further reference to tho matter, communications from Mr. and Mrs. John D. Moran, 1417 Cedar Street, S. E., the Southeast Civic League, The Student Cooperative Association of Jefferson Senior High School and Mr. and Mrs. Peter L. Price. expressing opposition-to the proposed landfill, were before the body. Mr. Wheeler moved that the communications be receiv, ed and filed. The motion mas seconded by Mr. Thomas and unanimously adopted. After a rather lengthy discussion of the question, Mr. Wheeler moved that Council concur in the revised recommendation of the City Manager and that the matter be referred to a committee composed of Messrs. John W. Boswell, Chairman, David Link and Julian F. Blrst for, their information in connection with their study of securing alternate sites for landfill purposes. The motion was seconded by Mr. Thomas and unanimously adopted. , ROANOKE GAS COMPANY*MATER DEPARTMENT: The City Man. agar submitted · mritte report trana~ittiag m pr*pos.al of the Roanoke 6~a Company for the purchase of · foot permanent easement and a 20-foot temporary construction easeme.nt across a portic of the Cavvins Cove ~aterahed tn connection with its plans to construct a gas main feeder tine, ~r. Llsh moved that the pr*pos'al he r~f~rred to a committee to he appointe by the Mayor for .study, rep*vt and recommendation to Council, The motion was sec*nde by Mr, Thomas and unanimous.ly adopted, Mayor Rabbet appoi,nted Messrs. David R, Lash, Chairman, Vincent S, Rheeler Frank N. Perkins*n, Jr** James N. Klncanoo and Julian F. BirstI as members of the committee. BUDGET-CITY EMPLOY££SoPA¥ PLAN: The City Ran~ger' submitted a written rep* recommending an average five~ ~er cent increase in the Pa~ Plan for municipal employee in connectioq with the 1970-71 budget. Hr. Mheeler ooved that the matter be taken under advisement,. The motion was seconded by Mr. Perkinson and unanimonsly adopted, AUDITORIUM-COLI,S£CM: The City Manage~ submitted the following report recommending that a cha~gc order be issued to the contract sith Nell* L. Tear Compan] for the construction of ~n 85* x lgO* ice hockey ploy ar~a lost'end of the 65* x 200* area originally proposed in the Roanoke el*vic Center Coliseum: ~Roaeoke, Virginia March 2, 1970 Honorable Mayor a'nd City Council Roanoke, Virglnia Centtemen: In the preparation of ~lans ~or the coliseum unit of the Civic Center, the ice hockey p~ay. area sas designed for dimen- sions of 65 ft. width by 165 at, length. Brochures and publi- city was ut the time based on these dimensions. In the latter stages of' the structure design, the Project Committee asked au' enlargement of the play are~ to 85 ft. by 200 ft. This change was made. A question of sight line was raised but no other revisions were authorized tn the str~ctoreo It is definitely considered that the 200 ft. length causes limited sight line visibility for the seating in each end of the building, It Is also felt that a correction should be made at this* time as thc contractor ~111 shortly be committed in construc- tion i~ this area where a change ca,~not, be, made. All who have studied the situation currently are of the · pi'sion that' the use of a 05 at, by 190 at, play area for icc hockey will materially benefit visibility for seating at each 'end, behind the goals'. Apparently professional dimensions vary throughout rink being predomlnately in the 165 ft. to 200 fi, . r~nge. This change ~ould have to be effected by a C~ange Order, No changes in project costs are anticipated, It Is recommended the City Co~ncl'l authorize the City Attorney to prepare the appropriate resolution authorizing signature of a Change Order. Respectfully submitted, S! Julian F. Hirst Julian F. Birst City Manager" --. .Mr. ~homns moved that Council concUr in *.he recommendation of.the City Manl ~er and that the matter he referred to the City Attorney for preparation of the prop* measure. The motion mas seconded by Mr. Rheeler and odGP~ed, Mayor Webber voting no. ; * PLANNING-TRAFFIC: Council having deferred action on n recommendation of the City Manager that he be authorized to enter into an agreement with the Virginia tH*par*merit of Highways for the City of Roanoke to participate fa the Urban Traffic iOperations Program to Increase Capacity and Safety (TOPICS) pending further informa- tion on the matt*re,the*City Manager submitted,the following report: WRoanoke, Virginia March 2, 1970 : Honorable Mayor and City Council 'Roanoke, Virginia Gentlemen: Two meetings ago when ! submitted the Federal Highway Program entitled Urban Traffic Operations Program to Increase Capacity and Safety (TOPICS), you asked for additional or more specific information on several points. The following is, I believe, th~ in mhich you mere interested. It is Some revi- sion in that in which you have been previously told as a result of situation changes in the short time. It la a result of my in- quiry in Richmond Wednesday, February TOPICS, as previously stated, can apply only to isolated problems or traffic bottlenecks. Tbe funds cannot be used on full length projects. The loth Street bridge structure is programmed by the State Highway Oepartment for use of TOPICS money. The Federal Bureau of Public Roads has not aa yet committed on it. If TOPICS is not approred by the bureau for the bridge, the State considers it mill go ahead anyway. Xn other words the time schedule will not be greatly affected with or without TOPICS money. Rith or without TOPICS the Cityta cost will be 15~ as matters nos stand. Improvements to Hershberger Road from Route 119 to Nilliamson Road have been programmed by,the State for use of TOPICS money. This is not a,major rebuilding but rather improvements to intersections and traffic signals. A big signal change cost is at Milliamson Road. The Bureau has not committed on this use ~lth'ers of TOPICS. Fall of 1970 is predicted as the earliest this could or would be commenced, This schedule of time can.be affected if TOPICS funds are not avail- able or used. The alternative to TOPICS is primary rural construction funds which are county assigned money and which are usually limited. Rhat the City of Roanoke*s share would be in such a Hershberger Road project ls not definitely determined at this time and mill involve hegotiatioos. The study, as previously stated, Is estimated to take 15 months. The Highway Oepartment hopes to get the Federal government commitment to starting certain projects before the study is completed in order to uae money now available. TOPICS appears to be an ongoing program and ia the manner to mhich this money Is appliedt we have numerous locations that I think would bo eligiblet loth Street Bridge being not the least. I am of the opinion that the City should go ahead and agree to participate in the study and to assume the cost of th*study. If we are going to take advantage of this money then the study is apparently mandatory. To delay a great deal further may not affect loth Street and may not affect whatever interest the City has in Rershherger Road but I feel that it could materially affect our timing of other projects that we would hopefully try to include under this program. I would again submit the ordinance of participation with recommendation of approval. Respectfully submitted, S/ Julian F. Rirst Julian F. Rirst City Manager" ir, Mheeler moved that Council concur ie the recomuendatioo of the City Manager and offered the fol~miog emergeocy Ordinance: (elg07$) A~ O~DiNANCE approving t~e Cityts participation in an Orban~ Traffic Operations Program to Increase Capacity and Sore*y, referred to as TOPICS~ antborlziog the City Mannger to enter into Joint agreement uitb the Commonmealth of Virginia, Depot*meet of Highways, and the City of Salem mith reference to said pro- gram; and providing for an emer~eocy. (For full text of Ordinance, see Ordinance Hooh ~o. 34,,page 177.) Mr. Wheeler mo~ed the adoption of the Ordinnnce. The motion was seconded Mr. Lfsh and adopted by ~he folluming vote; AYES: Messrs. Link, Perhinson, Thomas, Mheeler and Mayor Webber ........ NAYS: Mr. Boswell ...................................................... l, (Mr. Trout absent) GAROAC£ REMOVAL: Council having referred to the City Manager for study, report and recommendation a communication from Mr. M. TerenCe Caapbell, requesting that the city collect refuse he has.been gathering from the rear of property at i119 Hanover Avenue, N. W., even thoog~ the refuse is not in the type of container re= qnired by the city, the City Manager sub~Itted the following r~port advising that the city cannot assume responsibility for collection of material of this type: "Roanoke, Virginia March 2, 1970 Honorable Mayor and City C~ancil Roanoke, Virginia . Centleme~: The City Conncil on February 9, 1970, received a letter f~o~ Mr. M. Yet*ace Campbell, 1516 Gllmer Avenues Ho ~., pressing complaint that the City had not and.would not pick Bp various rubbish piled at the rear of 1119 Hanover Avenue, N. W., which property I gather Mr, Campbell owns. You re- ferred this to me for study and r~port. As Mr. Campbell noted iR his letter he had bee~ advised by our Sanitation Division as to the requirements under City ordinances mhich place limits on the type of material that the City does and can pick up. It is confirmed by our Sanitation Division personnel that this was discussed with him. A reinspection of the ~ocation was made on t~e morning of February 11 by a supervisor in the Sanitation Division. The following material was noted: 2 bed springs - the City does not handle these 2 tubs of brick and dirt - this,is illegal for collection 2 5-gallon lard Cans - illegal for ~efase collection 2 bags of garbage - should be in standard containers · 2 ~O-gnlion refuse c~ns - these are emptied meekly several pieces of guttering - City does not assume responsibility for pickup I open truck load of bricks and plaster - not City responsibility 1/2 load of plaster and dirt - not City responsibility Under these circumstances it is felt tha~ the Sanitation Division was correct in advising the owner that material of this type world have to be disposed of iR another way and that the City could not assume responsibility for collection. We bad, in the Sanitation Qivislon, many requests for pickup of various materials such as this and have had to hold fa~ly closely to the rules. A copy of thi~ Is being sent to Hr. Campbell for his information. Respectfully submittedo S! Julian F, Hlrst Julian F, Hirst City Manager" Mr. Wheeler moved that the report be received and filed. The motion was seconded by Mr. Thomas and unanimously adbpted, INTEGRATIO~-S£G~EGATION; Council having referred to the City Manager and the City Attorney for administrative revlem and report a repok~ of the Community Relations Committee transmitting a proposed Resolution reaffirming an~ implementing the policy of the City of Roanoke with regard to equal opportunity of employment in the municipal gove~nuentt the City Manager submitted the ~ollowiug report advising that he has reviewed the report and Resolution as submitted by,the Community Rela- tions Committee, that the report of the Suh-~ommittee would'have been more Complete if some additional information us to city employment and hiring procedures as well as data on personnel had been included and that after reviewing the Resolutiont it proposed that several minor changes be incorporated into same; ~Roanoke, Virginia March 2, 1970 Honorable Mayor and Cit~ Council Roanoke, Virginia Gentlemen: T~e City Council referred to me two weeks' ago the report and propbsed resolution of the Community Relations Committee in regard to City employment. You asked for my study and re* port. I do So as follows. On the matter of the report submitted to the City Council by the subcommittee of the Community Relations Committee it ia felt that Some additional information as to City employment and hiring procedures as well as data on personnel would have made the subcommittee*s report move complete and perhaps have given a fuller picture of bur mi~uationt numbers and names.+ ! have ~eviewed the resolutlou as*was proposed and have suggested several minor chang&s which have been incorporated ia that resolution mhlch is on your Agenda. Certainly there is no disagreement with the overall objective of the Community Relations Committee to improve and develop qualified people for municipal employhent and to encourage and assist the City in such employment. X do believe that there are'some procedural problems in the operation under the resolution as proposed, at becoming difficult tO work in a total citizens' committee and still provide the legislative and administrative processes authorities already standing. If the resolution is adopted by the City Council we will. of course, murk to our best ability within its framemc~ and endeavor to minimize procedural questions. Respectfully submitted, S/ Julian F. Hirat Julian Fo Hirst City Manager~ la this connection, the City Attorney submitted the following report ad- vising that under'Section 63 of the City Charter Council may appoint suchboards or commissions as may be deemed expedient to act in an advlso~7 capacity i~ conjunction with any one cf more of the off~cers of:the city: -'~ ' UMoreh 21 19TO Tho Hoooroble bn~or end Memhera of Roanoke Cltl.Counoil Roanoke, ¥1rgiole' ' Gentlemen~ At the neet~e~ of the ¢ouecfl h~id'F~bruar~ lb, ]9?O,~lbe. uudhr- signed ems requested to coosidevl from ~he standpoint of,the City Charter and the provislOmof the Cltyvs'persohhel ordionocel'a resolution proposed to the Council by report of. the Community Relations Commlttee'thfl day made'to the'Council, Shbsequent'to the prop~se~ reshlitioh'and are reflected in the renoiutioa mhich mill be distributed with the agenda for the meeting of thin The City Chart~rt vesting ali legislative pouer o! the City in the City Council, places administrative responsibility in the City Manager mhot as the CIW*s chief executive officer, is of the City, uoder the law and in accord uith policy prescribed by the Council. £xisting lam, coupled with the Cltyts existing personnel ordinance and supplemented by the Couocllts heretofore annouoced polic~ mith respec~ to oeo-discrimination in all areas on*lam the employment of any type of discriminatory practice in the matter of employment of personnel in the municipal govern- Section 63 of the City Charter expressly authorizes ~ho appuio~- men* by the C6uncil of such hoards or commissions as may be deemed expedient to hot in an advisory capacity in conjunction mith any one or norm of the officers of the City. The intended purpose of any such advisory body mould seen to be that of assisting and advising ande to that extent, complementing the efforts hf the appointed official for mhom such advisory body is provided by the Council. It ia not intended that such aa advisory'body should he charged with the duty of overseeing or policing the performance of duties by the Council-appointed official, nor that the official be made aosuerable to such body, rather than to t~e Council or to a court of lam*for a failure to comply with requirements of lam Or ordinances'Or mith lawful matters of policy adopted by the Council. Accordingly, and should the Council consider it expedient for the better administration of the Cltys$ affairs mith respect to Its stated policies to be £ollomed la municipal emploJnent, I find no legal reason mhy it may mutt pursuant to Section 63 of the City Chartert provide for creation of such bodies as may be deemed appropriatee for the advisory purposes expressed ia the aforesaid Charter provision. Respectfully, S! Jo N. Kincaoon Mr. Thomas moved ~hat the reports of the Comnunit~ Relations Committee, the report of the City Hanager and the report'of the City Attorney be received and filed. The ~otion n ~s seconded by Hr° Perhinson and uflaoimously ad,pred. Mr. Thomas then offered the following revised resolution reaffirming and implementing the policy of the City of Roanoke with regard to equal opportunity of employment in the municipal government: (~lg(~7~) A RESOLUTION reaffirming and implementing the Cltyts policy of equal opportunity of employment in the municipal government. (For full text of Resolutions see resolution Book ~o. 34~ page 178.) Mr. Thomas moved the adoption of the gesolutlon. The motion was seconded by Mr. Lisk and adopted by the follomi~g vote: t! AYES: Wessrs, Boswell, LIsk, Perkinson, Thomas, Wheeler and Hayer Webber---~ .......~ ..................... 6. HAYS: Hose ...................O. iht, Trout absent) MATER I~pAliTMEHT: The cltyianager ~ubmltted a written report ira**mit*ia{ a report of the Water Department of its general activities asd significant statistic! for the fiscal year. 1968-§9** advising that the report lndicate~ mhat is considered to be an active year in things that are regarded as routine operations as well as an active year in the further development a~d Improvement of the Water ~epartment, Mr, Wheeler moved that ~he report be received and filed, The ~otion mas seconded by Mr. Llsk ~nd unanimously adopted. PLANNING: The City Manager submitted a thirteen page report on the status of the Gain*bore Neighborhood Development Project, concluding that addit~osal study is going ahead as to the pros and cons, of the various alternates to see if there is any fuller information that can be gathered to help In decisioss, that will have to be made. Mr. Hheeler moved that the report be received and* filed and that the City Manager be directed to pursue the suggestions contained in said report. The motion was seconded by Mr. Perkinson and qnanlmously adopted., AUDITS-SCHOOLS: The City Auditor submitted a written report on the examin tion of the records of the ~alei~h Court Elementary School, the Grasdin Court Elementary School and the Fishburn Path Elementary School for the school, year ended June 30, 1969, stating that they present fairly the financial conditions of the fundi at the end of the audit period. Mr. Mheeltr moved that the reports be received and filed. The. motion was seconded by Mr. Perk,iff*on arid unaulmouslF adopted., REPORTS OF COMMITTEES: ROANOKE CITY ARTS COMMITTEE-MUNICIPAL BUILDING-PARKS AND PLaYGROUNDS- SCHOOLS-AUDITORIUM-COLISEUM: Council having referred to a committee composed of Mr. Eldon L. Kart, Chairman, Mrs. Edmund P. Goodwln, Mr. Jac,k ~reasy~ MrS, Richard Tisinger and Mrs, ~tllard ~. James for study, report and recommendation a communlcati from Mr. Eldon L. Kart, Executive Director of the Roanoke Fine Arts Center, suggestit that the City of Roanoke initiate a program for acquiring works of art to be display( in the various city-owned bt~tdings, public parks ~nd schools, ~he committee submitte~ the following report recommending steps to b~ taken ~oward the iht*la{ton of an art program for the citizens of Roanoke: ~Realizing theneed for the City of Roanoke to bring the arts' closer to her citizenst City Council, in May 19&9, appointed a stad~ committee to determine exactly what the needs of the city are and how the city must act to fill this void in the lives of her citiaens, Armed with a knowledge of the burnhg needs of the community, the members of this committee set oat to find the most practical and feasible solu- tions to the problems presented. After contacting many other munici- palities and state and federal agencies concerned with problems of this nature, and discussing with them the ways in which this need is being on.red elsewhere, the committee has developed the followisg recommendations: 1. The City~6f ~oueohe Shocld~tfcr~-~ith~the~bther-more progressive cities of. our motion and uith the federhl government coucerelug-the-ooiotr~ctlea~/-'aew-belldlugf with-respect to art. That 'is.that l~or the ~0tel cost of oil new municipul'or govern- mental bulldiogs~be devoted'th tbb visual-arts to be done la con- Junction with new buildings. It is recommended that a city ordinance or.h.resolutloo~be adopted by City Council that would require that thin preceatage of total buiding cost to be assigned to the-acquisition of~n~t~to be placed la or around the building. This would apply~to~ell new buildings financed eholly or In part by the city or. located uh011y-or in'part on city property. It is also recommeadedto extend this 1~ rot the arts by resolution or ordinance to additional selected capital outlay projects such us parks, urban newal proJects, etc. 2. The city should take steps.to make art available to her citizens, in the existl,~ municipal parks, buildings, and faci- lities as well. It ia renonnended that this be done by budgeting funds annually for this purpose to be administered by the . foll6nlog proposed Art Connlssion. 3. An ordinance to establish · Roanoke City Art Commission needs to be adopted by council. This connlssion would administer the reconnendotlons In this report and wor~ closely with the Re~hoke City Planning Deponent, architects, and planning consultants retained by the city for urban ~nenal projects and nam municipal facllites. The Art Commission should also be empowered to apply tot funds available for the arts through the National Endowment for the Arts and other agencies in order to suppleuent city funds · made available. ~he members of this commission are reconnended to be as follows: . A City Councilman (OF the #ayot of Roanoke) Director or the Roanoke Fine Arts Center Att Supervisor,.Roanoke City Schools 'An architect A representative or the Roanoke Valley Regional Planning Commission A representative of Downtown Roanoke, lac. A professional tine artist 4. The city needs to acquire a space to pernanently exhibit its collection of art.A space recommended would be at the facilities of the Roanoke Fine Arts Center. ~be space coald be bought or leased, using the staff of the Roanoke Fine Arts Center to properly ~uard and care for the ObJects of Art. S. In conversations with Riss Nancy E. Hines. City Librarian, she noted that it would be desirable to have many of the reference books, (the more valuable onest. concerning Att, Andrew ~yeth, #lc~aelongelo, etc.) to be kept in a note restricted Library available still to everyone but primaFly used by stadents and scholars studying the Art~ It was determined that any new buildings at the Fine Arts Center could incorporate Library facilities that could house this collection. 6. Finally, it is recommended that City Council budget a purchase award of $~00. O0 for sculpture to be awarded annually at. the Roanoke Fine Arts Centerts Sidewalk Att Show to supplement the City's growing collection and to help support public int~,~st In Art. Respectfully subnitted. Mr. Eldon L. KaFF, Chun. MFS. Richard Tisinger, Secty. Mtn. Willard N. Janes Mrs. Edmund P. Goodwln MF~. John ~ill Cranny-" In this oosaectlont Hr~ Rldon L. Kerfs Chairman of the Ro%aoke City Arts Commitment appeared,before~the body .and offered the'following verbal recomm~.ndations 1. R~cammand Yhat City C~u~il present thin repsrt to the Study Committee composed or-the recommended members of the Roanoke Art Commission plus the City Attorney, This' committee uo~ld formally d~au up the"ordinances necessary to provide ~or the Roanoke City Art Commissl6a, Dy action of City ~ouncil these ordinances would be passed a~d the members of this purposed Study Committee, except the City Attorney, mould autonatic~ly become the Art C6mmission. ' ' 2. Recommend that the remaining proposals form the reports be then referred to the City Art Commission for further study and presentation to City Conncii as function of that ~ommls- After a discussion Of the question, Mr. Thomas moved that 'the matter be UNFINISHED ~USIN£SS; INTEGRAtION-SEGREGATIOn-PARKS A~I) PLAYGROUnDS-TOTAL ACTIO~ AGAINST PO~RT IN ROANOEE VALLEY: Council having deferred action on a summary re~ort of the Roanoke Vail.ay ~ouncil of Community SerVices', Incorporated, wit~ reference to a long an olympic size pool be built immediately in Fallon Park and In the Lacsdomne Park would be $65r~OoOO: two first class olympic type swimming pools to be b~ilt d owns ). A. Council and various civic groups (including the Jaycees) municipal pools, yet we have as public smimming facilities except the 3 woefully inadequate TAP pools. B, We believe -~:bb~nse 'o~ the 'severity of the need and the present availability of partial rlnanelsg for the pools -- that the time has nov come for Councll'to act without delay to authorize at least two pools, III. Our proposal is tar two olympic size pools to be built Immediately -- oma is Folios Park in the southeast ares and one In the Lnnds~6une area of Northwest on land to be donated for a city park. ' A, These are'first clam,' high quallty,'olymp~ size pools with toilet facilities, dressing rooms, end concession areas. B. Cost estimhtes from a local swimming pool contractor indicated the cost of the proposed pools at $70,000 each. C. This cost covers all the necessities for a first class pool but with no'frills. Construction is of a gunlte process rather than poured concrete which represents a significant cost savings. D. We have attempted to study the problem carefully and come up with realistic figures and ~roposals. IV. Financing A. Total cost -- $140,000 B. Funds available 1. Fallon Trust - $0,500. 2. Donations arailnble for Landsdowne pool - $25,000, Matching funds available from State Recreation Department (HUD funds) - 25~ of costs including land - ~40,000, 4. Funds needed to be appropriated by Council - 5. Filtering equipment with an approximate value of $§,000. V. There are 2 points that should be made in connection with the donations. A. The donations would also include a donation of the oecess'ary land at a site between Landsdowne and 'Melrose Avenue. The land will be donated to the city for a park to use along with the swimming area. B. To secure this contribution to the cost of the pool it is imperative that CounCil act ~uickly. VI. General reasons for two pools proposal A. ~e believe that two pools built now -- one in Southeast and one in the Landsdowne area o- will, along with the use of the TAP 'pools for another year, solve the most pressing recreational needs of the louer city area. The southeast pool has been deferred for a long time and should not be further delayed. City Council has made a comment to the residents of S. E., and should now act in good faith to fullflll this comment. C. The Landsdowne area pool will serve the needs of the north- west area and will also be accessible to the children In the Landsdowne area; ' D. We believe the cit~ should embark upon a compr~hessive program of recreational development ind~ding adequate swimming facilities. The need, barterer, for these two pools is striking and immediate. There should be no furthe~ delay. E. The Jaycees will work In whatever way Council feels we can be helpful and will cooperate with any of the other groups which are interested in the construction of the pools.~ ~:':33 After a discussion of the prop*salt, Mr. Thomas moved that the matter be referred to the City manager for studyr report and recommendation to Council. The motion mas seconded by Mr. Wheeler and unanimously, adopted. · ith reference to thm matters mr. Charles D. Fox, III, Att*racy, repre- senting an unnamed client, appeared before Council and offered to donate filter equipmeut ~dlue~ et $0,000.00 to the City of Roanoke for use In the~pools propoued to be built by the City under the proposal of the Roanoke Jaycees, said offer contin gent upon the pools being built and the offer to remain open for a period of ten days only. Mr. Thomas moved that the offer, be referred to the City Manager for his information tn connection with his study of the matter. The motion was seconded by Mr, ~heeler and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. ,. INTRODUCTION AND CONSXUERATXON OF ORDINANCES AND RESOLUTIONS: INDUSTRIES-WATER DEPARTMENT: Ordinance No. lgOTl, authorizing the proper city officials to executet for and on behalf of the City of Roanoke, a contract to be dated as of the 12th day of July, 1970, between the City of Roanoke and Industrie Development and Investment Company for the'leasing of the flow of mater from the Ruse and House Springs for a contlnguent period of ten years, at a rental of $6,000. tO per year, having previously been before Council for its first reading, read and laid orer, was again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (mlgOYl) AN ORDINANCE authorizing the proper City officials to execute, for and on behalf of the City of Roanoke, a contract to be dated as of the 12th day of July, 1970, between the City of Rm nuke and Industrial Development ~ Investment Company for the leasing of the flow of water from the Ruse and House Springs for a contingent period of ten (IO) years, at a rental of,$6,000.OO per year. · (For full text of Ordinance, see Ordinance Book No. 34,. page 173.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the foil*ming vote: AYES: Messrs. Boswell, Lisk,. Perkins*n, Thomas, Wheeler and Mayor Webber ........................... NAYS: NOne ........... O, (Mr. Trout absent) BUDGET-COMMON~EALTH*S ATTORNEY: Council having directed the City Attorney to prepare the proper measure appropriating $1TS.00 to Printing. and Office Supplies in the 1969-70 budget of the Commonmealth*s Attorney, he presented same; whereupon, Mr. Wheeler offered the following emergency Ordinance: (n19077) AN ORDINANCE to amend and reordaln Section · 22, "Commonwealth*$ Attorney," of the lg~9-?o Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, nee Ordinance Book No. 34, page 179,) Mr. Wheeler moved the adoption of'the Ordinance. The motion was seconded by Er, Thomas and adopted by the foil*ming vote: AYES: Mensrs. Boswell, L~sh,,Perkinsont Thomas, Wheeler smd Mayor Yebber-~ .................. 6, ~- RAYS: N~ne ....jO. (Mr. Trout absent) STREETS AN? ALL~YS-AUDITORiUM-C.OLIS~U#: Council having directed the City Attorney to prepare the proper measure i.itlating and prou~diag for the permanent closing, vacating, discontinuing and abandoning of s portipn o~ Courtlaod Rood, N. [. extending iron thc, southerly line of Orange Avenue to the westerly line of #llliowson Road; appointing viewers to view said street; requesting the City Planning Commiooioo to mahe a study and recommendation on said proposal; and providing fop a p~blic hearing to be held on the matter on Monday, April 6, 1970; he presented same; where- upon, Mr. Wheeler offered the. following Resolution: (gigo?o) A RESOLUTION initiating and providing for the permanent closipg, vacating, discontinuing and abaodonment of ~hat certain portion of Coat,laud Road, 56 feet in width, extending frou the southerly line of Orange Avenue, N. E., to the westerly line of Milllam~on RoaSt said street Being nh.mn on Sheet 302 of the Cityts Tax Appraisal Map; appointing viewers to view said street;.requesting the City Planning Commission to make study and recommendation on said proposal; and providing for a public hearing on the said proposal. (For full text of Resolution, see Resolution Rook No. 34t page 160.) Rt. Wheeler moved the adbptlon of the Res.h, ion. The motion was ~econded by Mr. Link and adopted by the following vote: AYES: Messrs. Boswell, Llsk~ Perkins.ns Thomas~ Wheeler and Mayor Webber .................... NAYS: None .....O. (Mr. Trout absent) MOTIONS AND MI$CELLA~OUS RR$INE$S: AIR POLLUTION COKIROL: Rayor ~ebber pointed out that there are two vacant: on the Advisory and Appea~ Board, Air Pollution ~ontrol, for terms of four years eac~ ending De,ember 31,,19l~t and called for ad,in,ti,ns to fill the vacancies. Rt. Link placed ~n nomination the names of Ruskin P. Arnold a,d John So There being no f~rther n~minations,,Rr. R~skin P. Arnold and Mr. John S. Long. Jr.s were ehcted as members of the Advisory. and Appeal Board, Air Pollution Control, for terms of four years each, ending December 31. 1973. by the following FOR ~S~SSRS. ARNOLD AND LANG: Messrs. Boswell, Llskt Perkins,n, Thomas, Rheeler and Rayor Webber .......... 6. (Rt.. Trout absent) There being no further business, Mayor Robber declared the meeting . APPROVED , ATTEST:~ __ . / City Clerk . Mayor COUNCIL, REGULAR MEETING, Monday, March 9, 19TO* The Council of the City or Roanoke met in regular meeting in the Hustings ;,artroom in the Municipal Building, Monday, March 9, 1970. ut 2 p.m~, the regular men'Jog hour, with Mayor Webber presiding. PRESENT: Councilmen John W. B,smell, David K. Link. Frank N. Perkinsnn. Jr., Hampton W, Thomas, James O, Trout, Vincent S, Wheeler and Mayor Roy L. Webber ............................... 7. ABSENT: None .............. O. OFFICERS PRESENT: Mr. Juliun Fo Hirst, City Manager, Mr, Byron E. firmer, Ascictant City Manager, Mr. ~aaes N. ~incaoan. City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Robert L Bradley. Pastor, The Westhnupton Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. February 2, 19TO, having been furnished each member of Council. on motion of Mr. Perkinson, seconded by Mr. Trout and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC.MATTERS: AIRPORT: Pursuant to notice of advertisement for bids on FAA ProJect 9-44-012-19. Proposal No, I - Extension of Runnay 5 and relocation of %Iroinie Secondar~ Route 626 and Proposal No. 11 - Extension of Runsay 5/23 and relocation or Virginia Secondary R.ate 626. said proposals to be received by tbe City Clerk until 2 p.m., Monday, March 9, 1970, and to be opened at that hour before Council, Mayor Incorporated - $333,419.50 $662,994.60 Incorporated - 339,041.25 647,864,00 Incorporated - 34B,536.75 627,B13.75 et ax.. thlt I portion of 20ih Street, N, E.. lying between the south side of Orlage Avenue end Purcell Avenue, N. E., be vacated, discontinued had sinned, the matter nos before the body. la this connection, the cat7 Planning Uohalssioa submitted the following report recommending that the request be Granted: 'February S, 1970 The Honorable Roy L. lebber. #uyor aud,#embers or Clt7 Con&cji Roanoke, ¥irgiafe Gentlemen: The above cited request nas considered by the Planning Commis- sion et its regular meeting of February 4~ 1970, Hr. John O. Copeehev~, Attorney. presented this request on behalf of the petitioners and stated the following:. I. That the portfow of 20lA Street. ~. E,. abfcb bis clients requested be closed is a paper street. 2. That the adverse topography in this area would wake it extremely difficult to ope~ t~is section of 20th Street. 3. That the petitioners desired to u~e'the land contained within this paper street in conjunction with enterprises intended to be located on the adjoining 1o~. 4. That the petitioners .ere Milling to permit the City easeeent rights. Tun residents of the area appeared before the Planning Commission concerning this request, however, their basic reason for appearing was to seeh information on how Ois closing might affect the alley which extends behind their homes. Upon being informed that this would not in no way affect this alia! or any utilit7 easements, they stated that they had no objection to tbJ$ portion of 20th Street being closed. The Planning Commission upon duo consideration of~Is matter mas of the opinion that the closing of this portion of 20th Street. ~. £., would be in the best interest of the City due to two (2) factors: 1. That topography in this area is severe enough to make it extremely difficult if not impossible to open this street and maintain a grade which mould be acceptable. * ' 2. Residents of this area have good accessabllity from their hemes to Orange Avenue along Purcell Asm ue in conjunction with both ¥inton Hill Road and 13th Street N. E. Acco~dingly. motion was made. duly seconded and unanimously approved recommending to City Council that this portion of 2Otb Street be vacated, discontinued and closed. Sincerely. S/ tother Rermelsteln John H. Parrott in9 that they ~ve viewed the portion of 20th 5treat in question and the neighboring property and are unanimously Of the Opinion that no inconvenience uould resilt e'ither to any individual, or to the public f~om vacating, discontinuing and closin9 same. Mr. John D. Copenhaver, Attorney, representing the petitioners, appeared before Council in support of the request of his clients. In this connection, a petition signed by eight owners of property fronting on Orange Avenue and Purcell Avenue, N. £., between 20th Street and Osborne Street. requesting that on alley in the block be vocoted, discontinued and closed, was olso before the body. l d ' In e dlsonsslon or the mutter, Mayor Webber pointed out the~t~e ~question of closing n portion of 20th Street, M. E., shotld be deferred until the residents in the urea have hsd ua opportunity to secure an attorney to petition Council to close the alley also, Mr. LJsh expressed the opinion that this procedure mould place a penalty on Mr. Copenhuver and moved that the follouiag Ordinance be placed upon its first rending: (~19079} AN ORDINANCE vacating, discontinuing end closing e portion of 20th Street, N. K., lying betmeen the South side of Orange Avenue and Purcell Avenue N. E., end extending from Orange Avenue, N. E.. in a Southerly direction 120 feet. more or less, to the North side of a ten (10) foot alley located in Blocks-19 and 20 Jachson Park, said portion of street lying between lots designated as Official Tax Nos. 3330101 and 322]537, WHEREAS, Junious E. and Lucy J. Fuqua, and John C. Boone and Gladys A. Boone have heretofore filed their petition before Coaocfl In accordance with Section 15.1-3~4 of the Code of Virginia of 1950 requesting Council to permanently vacate, discontinue and close a portion of the above described street;and WHEREAS, in accordance with the prayers cf said petition viesers mere eppointea by Council on the i2th day. of January, i970, to vies the property and report in'writing whether Or not in their opinion any, and if any, what inconvenience would result from permanently vacating, discontinuing and closing mid portion of street; and WHEREAS. it appears from the duly Yerifled report of three of said viesers filed with the City Clerk on the 3rd day of March, 1970, that no inconvenience mould result either to any individual or tothe public from permanently vacating, discontin- uing nad closing said portion of street; and WHEREAS, it further appears that petitioners agree to bear all expense of this proceediog; a~ WHEREAS~ it further appearing from a communication filed with the Clerk of the Council on the 5th day of February, 1970, that the City Planning Commission recommends the granting Of the prayer of the~petition, the City retaining all utilities; nod WHEREAS, on the 9th day Of March, 1970, a public hearing to consider the closing of the portion of said street herein requested mas held before City Council and no objection was heard from any citizen to the request br closing. TflEREFORE,.BEXT ORDAINED by the Council of the Cityof'Ronm he, Virginia, that the follosJng portion of street lying between the Jackson Park Map: That portion of 20th Street, N. E.,,lying between the South side Of Orange Avenue and Purcell Avenue, No E** and extending from Orange Avenue, N. E., in n Southerly direction 120 feet, more or less, to the North side of a tee (lO) foot alley located in Blocks 19 and 20, Jackson Park, said portion of street lying between lots designated as Official Tax Nos. 3330101 and 3221537. be, and it hereby is. permanently vacated, discontinued and closed and that all right itle and interest of the City Of Roanoke and the public therein is hereby,released nsof~v as the Council is so empowered to do, reserving, however, unto the City of soy eom be located across said property, together slth the right of ingress sod ogres rnr the snintennnce of seth lines nod ueios. BE IT FURTHER ORDAIMEO that the Clerk of this Council do rorthuith certifl to the Clerh of the Huntings Court for the City of Ronnohe, ¥irgfnb, n copy of this ordioence for recordotfoo In the deed books of bis office and m lihe topi to the Citl Engineer so thnt he uny shoe on oil saps iu his office the closing of the mrtion Qf said street, The motion ems seconded bl Hr, Wheeler. Hr. Hoswell ~ffered · substitu.te notion taut the setter he tnhee .rider. adrisement. Tbn notion was seconded bl Hr. Trout and lost bi the folloming ~ote: AYES: Messrs. Hoseell, Trout, and #nlor Webber HAYS: Messrs. Link, Perkinson, Thomas and Wheeler ............4. The original so, lan was then adopted by the following vote: AYES: ~essrs. Llsk, ~erkiasun, Thomas end ~heeler HAYS: Messrs. Hoswell, Trout and Mayor Webber ................3. STREETS AND ALLEYS: Council having set o public hearing for 2 p.m., Wands: March 9, 1970, on the request of DJckersou GMC, Incorporated, and Dickerson Leasing Corporation~ that n portion of Woorman Avenue, N. W., from 22nd Street to S~lem Avenue, ~. M., he vacated, discontinued and closed, the setter was before the body. In this connection, the City Planni~ Commission submitted the followin9 a certain offer made bi the petitioners: ~Fehruary 5, 1970 · he Honorable RoI L. ~ebber, Molar and Members Of Cit~ Council Roanoke, Virginia The above cited request was considered b~ the Plnnniu9 Commission at its regular ~eetings of January T nn~ February 4, 1970. At these meetings, Mr. James W. Flipplu, Attorney, on behalf of the petitioner stated that: The petitioner owned the property on both sides of the section of Hoormnn Ave** ~. W. mhich he uss requesting be closed. 2.His client intended to use the property contained in the prise. 3. It uss his clients desire to construct o fence around the entire area to reduce some problems of Tandalism. 4. The petitioner would pay all costs entailed in relocating existing utilities along Woormau Avenue, N. W., affected by and were not in object'on to this closing ir the expense Salem Turnpike end London Avenue, M. W., iff accordance wJtb -the need for such e facility es indicated by the Major Arterial Hlgbuny Plan. ln-farlherance or this, the petitions is ullling et the tine such a connector is constrncted to give to the City on enonnt of lend equal to the square footage contained in the eren of #german Avenue requested seventy (?0) feet .or righteofouny in return rot one-half the existhg utilities, provided such facility does not his ~ract of lend'useable. After discussion of thin uatter uith representatives of the 1. Following adoption of the 1963 Major Arterial Highuny but prior to t he 1966 adoption of the City's Zoning Mr. James W, Fflppiw, Attnrne~e represealiag the petitlonars, appeared be- COuucll' la support of the request of his cllefla, The City AttOrley advised that ha has set had un opportunity to discuss the details of the matter.math Mr, FlJppin and requested that action be deferred aut he can mahe a thorough study of thm mutter. Nv. LIaR moved that the public heavier be continued uatil 2 pom., Monday, March 23, 1970, pending a study of the matter by the City Attoruex and the City Manager. The motion mas seconded by ar. Parhinsoa and unanimously adopted. ZONING: Coutril having set a public hearing rot 2 p.m., #onday, March 9, 1970, on the question or amending Section 13, Special Exceptions After Public Notice mod Bearing by the Board of Zaeing Appeals, of the Zoni~ Ordinance, relating to drive-ia eating and drinking establishments in tM, Light Manufacturing Oistvicts, located within 250 feet of any MS, BG or C-I District. so as to include RD. Duplex Residential District, the matter was before the body. After a discassfon of the matter, Mr. Lisk moved that Ibm public heatlog be continued until 2 p.m., Monday, March 23, 1970, at uhich time a public hearing on other proposed amendments to Sectbn 13 of tho Zoning Ordinance is to be held. The motion was seconded by Mr. Boswell and unanimously adopted. AIR POLLUTION CONTROL-GARBAGE REMOVAL: Several students from the sixth grade of the Fishburn Park Elementary School appeared before the body and spoke on air pollution, water pollution and littering problems.in the City of Roanoke. Mayor Mebber expressed appreciation au behalf of Council for the interest shown by the students and suggested that .they discuss the matter ~ith the City #an~er for administrative consideration. ZONING: Mr. A. L. Dillon, Jr,, Real Estate Agent, representing Texaco, Incorporated. mud Mr. R. E. Tare. appeared before Council and requested a nonconform- ing p~rmJt to operate a muffler shop at 102S Campbell Avenue, S. W. After a lengthy di~ ssiun of the question, Rt. Thomas moved that tho matte: be referred to the City Attorney for study and report to Council, The motion aaa seconded by Hr. Lisk and unanimously adopted. PETITIONS AND COMMUNICATIONS: ~IREET LIGHTS: A communication from the Appalachian Power Company, trans- mitting a list Of street lights installed and/or removed during the month of February 1970. uaw before Couocil. Mr. Trout moved that'the communication be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. BUDGET-COMRONIEALTH'S ATTORNEY: A communication from Mr. Samuel A. Garriso ii1, Commonwealth's Attorney, requesting that $41.86 be appropriated to his 1969-70 )udget to cover a reimbursement of funds in conneotion with a business trip to llchmond, Virginia, on March 2, 1970, ems before Council. Mr. Thomas moved that Council concur in the request of the Commonuealth*s attorney and offered the following emergency Ordinance: d (~igOOO)' AN'O~DINANCE"to amend and r~ordafa'Sectios a22. 'Ccaaoaaea~n Attorney.' of the 1969-?OrApproprintioa Ordinance. end providing for aa emergency. (For full text-of Ordinance. see Ordinance Book No; 34. page 181.) Br. Thomas Roved the ndoption of the Ordinance. The motion mas seconded by Br. Llsk and ndopted by the roll~alag vote: AYES: Ne,cvs. Bonaell. Lick. Ferkiacoa. Thomas. Trout. Nheeler and Mayor Yebber .......................... 7, NAYS: None ................. O. BUDGET-[LERE OF YB~ CO,ETS: A communication from ~r. waiter N~ Carter, Jr. Clerk of the Courts of the City-or Ran oke. advising that there has been a great liacreasa in the number of criminal cases and habeas corpus cases co be recorded and a great increase in the number of criminol cases and habens corpus cases nppealed to the Supreme Court of Appeals of Virginia. and requesting that $1.356.0Q be appropri- ated to Personal Services in his 1969-~0 budget to provide funds to enable him to establish the Rem position of Reputy Clerk ~od Court Reporter to handle'the increased amount of murk. Hr. Perkiason moved that Council concur in the re~eat of the Clerk of the Courts and offered the follouing emergency Ordinance: (,~19081) AN ORDINANCE to amend and reordaln Section m25. "Clerk of Courts. of the 1969-70 Appropriation Ordinance. and ~ovtdtng for aa emergency. (For full text of Ordinance. see Ordinance Book 34, page lB2.) ' Mr. Perhinson moved the adoption of the Ordinance. The motion ~as seconded by Mr. Nheeler and adopted'by the folio,lng vote: AYES: Messrs. BosMeli. Lisk. Perkinson. Thomas. Trout. Wheeler and iayor Webber ...................... 7. NAYS: Nooe .............Oo PENSIONS-POLICE DEPARTMENT-FINE DEPARTMENT: 'A ~ommnnl~tion from Mr. Charle! ~. anitA, Director. Virginia Supplemental Eet&*f~nent System, advising that he has lesiguated June 9. 1970, as the dote for holding a referenda on the question of qhether employees covered by the Police and Fire Peosion~System of the City of Roanok~ ~trginia, shall be included in the State-Federal Old Age. Survieors Disability and tealth Insurance Agreement effective July 1, 1970, under conditions set forth by the :ouncil of the City of Roanoke. Virgi~, providing for supplementing the coverage ruder the Police a~ Fire Pension System of the City of Roanoke, V in]iaaa, mitb Old ~ge, Survivors Disability and Health Iosurnnce coverage, mas before Council. Mr. Perktuson moved aha( the communication be received mud filed. The notion mas seconded by Mr. Trout nnd unanimously:adopted. PENSIONS-POLICE DEPARTMENT-FIRE DEPARTMENT: A communication from Mr. Charle I. Smith, Director. Virginia Supplemental Retirement Slstem. advising that he has tesignated June 9. 1970, as the date for holding a referenda on the question of ihether employees Covered by the Employees' ~etirement Syste~ of the City of Roanoke, irginia, shall be included in the State-ged~ al Old Age. Survivors Disability and Health lu suruuoe Agreement effective July l, 1970, under conditions set forth she ,Cpuoeil :of ,t he,City :~; loaook&i ~Virgin)a, ~midb~ for. mpqleaeu~n~ ~e C4~eru~ ge:l~n~LS~s~ea ~CflY~e, Virgipia, ui~k Old Age, Survivors Hr. Perkiusbu dared that the communication be received end filed. The motion ams seconded bj Mr, Trout and unanimously adopted. reqmestlng that Vincient Avenue, ~. N., be resu~faced, from Florist Road to Hazelridge Road, nas before Council. Nr~ Wheeler moved that the matter be referred to the City Xeaager fo~ stud] Bud report to Council. The motion was seconded b~ Hr. Trout and unanimousll adopted, ZO~I~: A communication from Hr. Claude D. Carter, Attornel. representing Hr. Samuel P, ~acklel, et ax., Mr. Philip a. Sanders. et ur., and Hr, Luther et ax., requesting that eight parcels of lead located on the south side of Thurston Avenue. ~. ~., described as Lots 27-34, inclusive. Oloc~ ~, Official Tax ~os. 3070250 - 30~0253. inclusive, Xllliauson Groves Map, be rezuned from RD. Residential Oistrict, to C-2, ~enerai ~omuercial District. .as before the Council, Mr. rerkJnson Bayed that the request for rezoning be referred to the Citl seconded by Hr. Trout a~d uuanimousll adapted. ZO~l~6: A connuuJcation from Mr. ~illian X. Pierce, Attorney. representing III, requesting that prop~rt~ located on the northerly side of Melrose A~enue, descrJbed~a ~or~Joo of Lot 4. Van De O~ver Land Map, O~ficial Tax ~o. 26601~, be reigned from C-I, Off~ce and Institutional Oistrict, to ~-2, General Commercial Hr. ~er~inson m~ ed that the request (or rezoni,~ be referred to th~ Cji7 se~ed b~ Mr. Trout and unanimously adopted. REPORTS OF OFFICERS: BUDGET-TAXES-REFUNBS ANO REBATES: ~he Ci~ Manager ~ub~lt~ed the follo~i'n repor~ recommending that $25,0DO.OD be appropriated to Refund Taxes and ~hat be appropriated ~o Refund Fine~ la the 1969-70 Non-Departmental budget,.to provide 'Roaaoke, Virginia · arc~ 9, 1~70 Honorable ~alor and Uit~ Roanoke, Virginia ~it~ ~ouacil in the fiscal lear 1970 budget appropriated $~1,000 to Non-B~part~en~al ~ccount 91, Object Code 9, Refuad ~axes and under the sa~e departmental ObJee~ ~ode 13, Refund' ~ith respect to tax refunds, Fred ~hitaker go~paa~ overpaid their taxez bi $19,0~D. ~s a result of this o~erpal~eat and additional overpayments and additional $25,000 iz aeeded to i mgm Appeals or rimes imposed b~ loner courts mlth i result o! change in fines'has exhausted the $1,500 appropriated b! Council for this purpoue~ It is anticipated that au additional $2,000 mill be needed. It is requested that the Clt! Council b~ budget ordinance appropriate un additional $25.000 to Ham-Departmental Account 91. Object Code 9, Refund Taxes and $2,000 be appropriated to Object Code 13, Refund Fines. Respectrull~ Submitted, Julian F, HOrst Cit~ Manager" Mr. Thomas moved that Council concur Jm the recommendotJoo of the City Manager and offered the following emergenc~ Ordinance appropriating $2S,00D.00 to refund taxes: (#19062) A~ ORDINANCE to amend end reordafn Section ~I, 'Non-Departmeutui of the'1969=TO Appropriation Ordinance. and providing for an emergency. (For full ~ext of Ordinance. see Ordinance Book No. 34. page IBM.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded b~ Mr. Lisk and adopted b~ the folloulng vote: AYES: Messrs. Bonwell,,Lisk.'Perkinson. Thomas. Trout, Wheeler and Mayor Webber ............................... ?. NAYS: None ................O. 1~ this connection, Mr. Lisk offered the following emergency Ordinance appropriating $2.000.00 to refund fines: (~190S3) AN ORDINANCE to .amend and reordain Section ~<)1, "Noe-Departmenta of the 1969-70 Appropriation Ordinance, and providin9 for an emergency. (For full text of Ordinance, See Ordinance Book No. 34, page 183.) Mr. Lisk moved the adoption of the Ordinance. The motion nas seconded bl Mr. Thomas and adopted b~ the fo]lowino vote: AYES: Messrs. Boswell, Lisk, Perkinson, Thomas, Trout. Wheeler and Mayor Webber .......................... NAYS: None .................O. PARKS AND PLAYGROUNDS: The City Manager submitted a w~itten report recom- mending that Council accept the proposal of Wiley N. Jackson Company, in the amoubt of $383,364.14. for the construction of the Mill Mountain Access Road, advising that the Ylrgln~u Department of Highways will assume the first $200,000.00 of the cost of the project and that the City of Roanoke and the ¥1rginJa Department of Higbwals' mill share the remaining amount on a fiftl to fifty basis. Mr. Lisk moved that Council concur in the recommendation of the Citl Manag~ and offered the following Resolutbu: (#19084) A RESOLUTION concurring in the amurd of u contract by the Virgin; Department of Higb uays for the construction of an access road to the City's Mill Mountain Park, as Project 9999-128-102, C-501; providing for the execution of any necessar~ and requisite agreement with the Virginia Department of Highways relative to the maintenance of said hiohuny~ ratifying sad confirming the Clty°s intent to ~srlJoJpete in the payment of a certain portion of the costs of said proJeot; nnd ~roviding for tn emergency. (For full text of Resolution. See Resoletfon ~ook Nm. 34, page 183.) Mr. Lisk moved the adoption o! the Resolution. The motion mas seconded by tr. Perklnson end adopted bJ the tollom!;g rote: AYES: Manure. Boaaell. Lash, Perklnnon. Thomss, Trout, Rheeler end Mayor Nebber ................................... T. NAYS: None .................... O. AIRPORT: Couicil having referred to the City Manager ned the Airport Advisory Commission rot study, report and recommendation the question of granting · concession for fuel end oil cperations at Roanoke Municipal (#oodruu) Airport, the (~ty Manager submitted the following report recommending that the City of Roanoke advertise rot bids for the operation or the fuel service facilities now owned end by the city at the airport for the remainder of the period of time 6f the present cji fuel purchsse contract which expires in September. 1971: 'Roanoke, Virginia March 9. 1970 Honorable Mayor and City Council Ronnoke. Virginia AS the City Council is aware, the matter of release by the City of feel concession at the Airport has been discussed and proposed from time to time over a period of several years. Recent major proposals,have.been set elide because of their relationship to nam fixed base operational facilities and in turn the relationship of that to long range airport planning. More recently a suggestion bas been under Consideration es to the possible lease by the City of its present fuel concession facilities which ave operated by the City. Me have continued to give this study. The Airport Advisory Committee, at its lest meeting, ~ndicated some reluctance to such a proposel, . It is however felt, as a result of edditional study since then. that such a plea may here merit and could be advantageous to the City as well as to aircreft service et'the field. Ne mould like to 9o ahead with preparation of general form specifica- tions which would be submitted as invitation for hid for operation of the fuel service facilities now owned and used by the City for the remainder of a pared of time of the present City fuel purchase contrect mhioh expires in September,.1971. This would be done by either the successful bidder operetJng the facilities under the City*s fuel purchese contrect or working an arrangement with the fuel supplier thet the successful bidder msume the remeinder of the CJtyts contract, It is considered thet there are a number of advantages to private eperation of this concession at the f laid. These here been discuased in the past and I mill eot go Jato the deteil of them at this time unless bids and can evaluate the situetion then. This would be a non-exclusive concession and the timing of this remaining time until September, 1971, would appear to reasonably relate to ~be possibility of the City later edvertising for full scele fixed bese operetion bids on t'he field with new facilities. We would, of course, report less the City Council would here me will proceed. beck to Council on bids received and un- objection to the conduct of this bidding, Respectfully submitted, S/ Julien F. Hirst, Julian F. Hirst, City Manager* Mr. Llsk moved that Council concur in the recommendation of the~ City Manage and that the City Manager be ~irected toproceed to advertise for bids on a non-exclu siva concession, The motion was secondedby Mr. Nheeler and unanimously adopted. FIRE DEPARTMENT: The City Ranager submitted a uritten report ndvisieg of the retirement of Fire Chief Sidney R. Vaeghan, effective August 3, 1970. Hr. ~hegler moved that the report be received es~ filed, The motion 5E~ERS ANDS'FOR# DRAINS: Council keying entered AeRo-'em agreement with JaP. Turner ~ Brothers, Iecorporatedo for the construction if e new stars drain on Brandos Avenue, S. M., from e point approximately 400 reek e~st*e! Haunt Veznon Road to Arllngteo Read, S. M., la the amount of $76,450.34, the City Manager aebmltted the following report recommending that e change order with u net increase of $380.00 "Roanoke, Virginia Merch,9o 1970 Ronoreble Mayor and City Council Roanoke, Virginia Gentlemen: In revising the plans for the Rrendon Avenue Storm Drain project es required due to the shortening of the project, several Changes were made in the type of drop inlet to be used, the size of a'speclal paved flume and · larger lateral. The contractor, us requested, hem suhuitted unit prices on the items as revised and a tabulation of these prices Is attached. It appears that there would he sa increase.or.S380 in the total contract amount. We would like to use these new unit costs and it is recommended that the City Couocf! by appropriate resolution or ordi- nance authorize the City Manager to execute a change order for the changes. Respectfully submitted. S/ Julian F. Hirst Julian F. H~rst City Manager" Mr. Perkinson Roved that Council concur in the recommendation of the City Manager and that the matter be referred hack to the City Manager to'handle ndminis- · tratl~ely. The motto~ mas seconded by Mr. ~lsk and unonimouslyodopted. 5~REETS AND ALLEYS: The .City Mansger submitted a nritten report transmitt! a list of the s. treets proposed to be included in the 1970 blacktop program, In this connection, the City Manager also submitted the follouin9 report recommending that a blacktop program in a minimum amount of $250,000.00 be approved even if part Of the program cannot be carried Out until after July 1, 1970: ~Roanoke, Virginia March 9, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The annual situation of the City's blacktop program ia again before usL. The division of'funds'at the change of the fiscal year which normally comes in the middle of paving season presents complications. l'wlll not 9o into a review of the points made In previous years. ~ The current financial situation is that the allocation for 1969-70 under the budget is $250,000. Of thi~ $100,441.81 has already been charged for work done after July 1, 19&9. last year. This leaves a balance of $149.558.19 for plant-mix or blacktop pavingin the current budget. Also it is to be noted that out of the 19~9-59 budget $85,335.73 returned to the General Fund. Mi feel them $250,000~bf mark es t minimum sho·ld~be done eseh year. Actually the teak·tire list of streets es be uoild like to do thlscomJ.g summer gill run someuhat higher thai them,' We mill propose $250,000 i· the 1970-71 budget ss emleim~U~-'. The preferable system un·Id be to nmerd e co~krack for $250,000 this month under the stipul·tioa th·t $150o0~0 uo~d cone fro. the present 1969-70 budget ·nd tbnt $100,000 be;n·ticipsted from the IgTO-?I budget. Further it engld be preferable th·t these fends be encumbered ned earmarked for this mark .lkhouk rei·tioishlp to July I budget date. To accosmodate the fiscal arrsngehent I mill plnn to advertise for a program up to the $149,000 currently available, then ester July 1, advertise for · s~cond program on · second bidding rot $100.000. Respectfully submitted. S! Julian F. HOrst Julius F. HOrst City Manager" After · discussion of tbe question, Mr, Lisk moved thai the matter be taken uhder advisement. The motion mas seconded b~ Mr. Bosmell end unanimously adopted; SALE OF I~OPERT¥: The City Manager submitted · written report trnnsmittlo an offer from Mr. E. F. Jaeison to purchase property described ns Lot Official Tax No. 13906200 in the Jefferson Hills area, for the sum of $1,S00.00, and adrlsJn9 that Mr, N, L, Heal has expressed an interest in purchasing the same property. Mr, Thomas'moved that the requests be referred to a committee composed of Messrs, David K. Lisk, Chh irmnn, Julian F, HOrst, James H, Kincanon and J, Rd2ert Thom~ for study, report and recommendation to Council. The motion was seconded by Mr, TrOut and unanimously adopted. PARKS AND PLAYCROU~DS-CARBAGE REMOVAL: Council h~vino'concurred in a revisedrecommendatiofl of ~he City manager in connection with the proposed landfill in Fellah Park that the city finish using the Tinker Creek landfill area to its fullest capacity on the basis of present final level of filling and pur~ue locations other than Fallon Park for the time being, the City .Manager submitted the following report summartzi·9 comments he hod made verbally to Council at its last regular meetin9 on Monday, March 2, 1970: *Roauoke,.Virginia Mar~h ~, 1~70 Honorable Mayor and City Council Roanoke, Virginia 6entlemen: May [, as ! asked last meek, briefly suemnrlae the comments mhfch I verbally made to the Council as supplement to my'report last meek in regard to the proposal of the use of the northeast corner of'ration Park for park improvement n~d landfill, ~. .~-' . 1. The idea for the improvement of the use of this area of the park began to be thought about approximately three years ago with the idea of making this area of the park more open and accessible. This in an isolated section with its use almost entirely for the parking of automobiles at various times and for various purposes day and night.' I would agree that it is ruffing land sad grassed. Re felt that landfill would give the opportunity of available equipment and manpower to clean up the moods, leaving'the hills · and trees, provide a driveway connecting the rest of the park mOth Nlse. Avewwe and tkh~hope~for:e future road sion§ Tinker Creek to level-the eo-m~es land ow the bec~ aide,along lSd'rill'rand nnd to provide additional usable-recreation areas. ~We~eertaiwly need landfill stoas but. this is not abut clotted the'idea of luproving this wren of the perk .... Ow the quesklow, of-Jsmisoe $chooi~childrea piny wrewo es for ss ue can find'these chlldrew'do not go thin 'section of. the psrk..,'l believe.that half, if sot ail, of be fwterferred mira throwgh this laedffll area.* 3. The antler or.the s~lumlag pool, lt.'is my recoll~ctldw that there . nuggested, lrregnrdlena of the landfill and having,nothing to do with that point, It would be my present opiniow'thwt'thls urea of the pnrh is too Isolated end remote for control nnd nupervision to be Justified ns · pool location. d. The use of Fisbburo Park bas been soggested by letters to the a ch·re, there is little left ia Fishburn Park that has eot ~een assigned and donated to other ~urposen wad se areressricted ia the one hollo· through Flshbhra Park b~ the existence of w main sewer line. 5. Ne administratively have no ~rent isnue over.this salter. It eot proposed to heart · controversy end I do not see reason for it to be-made into one. If the C~ty Council doan'Dot misi so make thin area of Fellah Park available for landflll'snd development for the four or five uonths anticipated uae, then se, of course. will proceed to wor~ out something elne. I would regret uissing this chance to do something in this section of the park. I thini in not using it that the decision should be bused on re·sons other than the following. A. I question thc reaction received oftentimes from ~nny Citizens, County and Cit~, of using the issue~ a landfill for other purpones not relating to landfill or refuse disposal. D.I ~o not feel that there should be an inference that landfill is aa objectionable procedure or operation b~cnuse it is not. defeated everything that the City has been trying to do within the past fao years, ~nd I believe nuccessfully, in bringing about good refuse disposal methods. C. It should continue to be recognized that landfill is an excel- lent way to reclain land and to make it usable and as such it can and does have a valuable purpose. Respectfully submitted, $/ Jnliin F. Hirst Julian F. Hlrst City Manager" Hr. Wheeler moved that .the report be received and filed. The motion was seconded by Mr. 'Parkings and ~ua·lmously adopted. In this c~nnecti~n, Mrs. Zaman Ko McManaway, appeared before Council and expressed the opinion that the landfill problems could be taken care of more adequat if ~ e city were divided into 'two sections, that ~ e southwest, northwest and ndjacen areas, uae the Dixie Cavern landfill site and that the northeast, southeast and adjacent county areas use the Bedford County landfill. ZONING; T~e'Ctty Attorney submitted a written report advising that there has been prepared, and is being published a Notice of Public Hearing to consider an amendment to Sections 12, 13 and 14, Chapter 4.1, Title XV, Zonir~ of The Code of the City of Roanoke, 1956, to provide for day nursery and kindergarten uses ia Development DlstrJct~, ~lg~t Manufacturing Districts and Heavy Manufacturing District · ir. Tholes mnved that the report be received and tiled. Tie antra, was seconded by Rt. Link mud unanimously adopled. REPORTS OF COIOflTTEEs: SALE OF PROPERTY-STREETS AND ALLEYS: Council having ~eferred to coomfttbe composed of Reaers~ David Klncnaon and J. R~bert Thomas for study, report and recommendation the offer of mr, Mack Aheron te purchase property located on the south side or OrnageAveaue, N. mesa of Osborne Street. being all of the southerly residue Cf Lot 24, Block 20, Jackson~ Park Addition, Official Tax No. 3330111. for the sn&'of'$2,000.O0, cash. the committee Suboitted the follouin9 report recomuendlng that'the offer be accepted 'Roanoke, Virginia' march 9. 19TO Honorable Mayor and City Council Roanoke. Virginia Gentlemen: The City Council on November 25. 1969. referred i'D the Reel Estate Committee an offer by Rt. Hack Aheron to purchase a lot owned by the City on the south side of~Orange Avenue. west of the Osborne Street interjection az projected. TbJs ia Tax No. ~39111. having a frontage of 40.04 feet and a depth of approxluntely 120 feet. The offering made at the tine war not considered satisfactory and since then your Real Estate Committee has been in'exchange of corres- pondence from time to time with Hr. Aheron. The City Manager is currently in receipt of dn offer rum Hr. Rack Aheron to purchase this lot at a price of $2,000. Hr. Aheron owns adjoining properties and the offering is conaistent with City tax appraisal. It is recommended that the City Council by appropriate ordinance authorize the sale of this property. Respectfully submitted. S/ David ED Llsk, David K. task, Chairman S/ Junes N. Elncanon James ~. Kincanon S/ J. Robert Thomas J. Robert Thomas S/ Julian F. Hirst Julian F. Hirst" After a discussion of the question, mr. Thomas moved that the matte~ be referred to the City Attorney for study, report and recommendation to Council in tle~ of the request of e/gAt onners of property oi Orange Arehue and Purcell Avenue, S. E., between Teentieth Street and Osborne Avenue, th~ the alley in the block be acated, discontinued and closed. The motion ~as seconded by Mr. Mheeler amd unanimously adopted. SALE OF PROPERTY: Council having referred to a committee composed of Messrs. David K. Lisk Chairman, Julian F. Hirst James ~. Klncanon and J. Robert ~homas for study report and recommendation an offer of Mr. J. M. Foley to purchase mgm propert! located on thement side or Garden City Boulevard, S, R., described ss Lots 14 and 15, Block 1, ~on~ Map, Official Tax Nos. 4390316 amd 4390317~ [or the sue or $~.$00.00, the commltkee suhm~kked the follouing report recoeuee~lhg khet the offer be rejecled: 'Bgaaokeo Virginia Marci 9, 1970 Honcrsblq Msy~ and City Council Roneoke, Vlrgilnie Gentlemen: Cik! Council on November 24, 1969~ referred to your Real Estate Committee es Offer b7 Mr. J. M. Fole~ to purchase City-maned properS! located on the west side of. Garden City Boulevard, S. K., described ns Lots i4 ned i5. Dlock I, Long Map, Official Tam Nos. 4390316 and 4390317. Your commitlee has revieeed this matter and does eot feel that the offering is adequate rot khe value of the property and would recommend that it be declined. It is also reit by the Committee that prior to considering any further or other offers for the purchase of this property that the Cit~ shouid review en~ possible plans or need for street midening of the tag streets that adjoin this lot. Deuforth Avenue and Garden City Boulevard. Respectfull~ submitted, S/'David E. Link David K. Link. Chairman S/ Janes N. Kincanon James N. Einc~n~n S/ J. Robert Thomas S/ Julian F. BUrst Julian F. Hirst' Mr. Thomas moved that Council concur in the recommendation of the committe~ that the offer be ~eJected. T~e notion was seconded by Mr. Wheeler ahd'unauimousll adopted. UNFINISHED BUSINESS: INTEGRATION-SEGREGATION-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS-TOTAL ACTION AGAINST POVERTV I~ ROANOKE YAL~EV: Council having de£erred action on a summar report of the Roanoke Valley Council of ~ommunit~ Services, Incorporated, with refer- ence to along range plan for the management of four TAP swimming pools, specifically recommending that the pools in Eureka Park, Mashington Park and Hurt Park~etn~ed ~ er to the cat! of Roanoke for management a~d maintenance under certain condit bus, pendin a report from Vice Mayor Trout making certain recommendations on the swimming pool question, the matter was again before the body. In this connection, Mr. Trout submitted the following report recommending that the cat{ of Roanoke' not undertake the operation and ownership of the TAP swim- ming pools in Eureka Park, Washington Park and Hurt Park: ~REMARKS AND RECOMMENDATION It is possible for interested citizens to succeasfull~ operate undersized and unsatisfactory operated pools for TAP math little or no Ci~y lo,a;poil~ios-to~b~ dlree~7~a~d~tblJ~-erl~lcl~ed'l~a~ ueaner- tht~ ~s 'dissu~isric~orx to ~he people Is ~he COBaU~I~7 in which they are b~ the'~bces~ experience tbu~ caw orficluls hud.n~ t~bFJ meeting held J~*Eutek'u ~ir~.' Several blac~ citizens coaaem~e~hut' ~he pools mere "o~brsJ~ed bathtubs* tad the Cl~j should btve'ue~er-b~ll~ tad designed.such swimming ~tcili~Jes; ~h'us i~ is ~vlo~ even when ue do no~ gun or operate ~he pool~, sase cl*lzens ire misinformed us ~o ~helr ownership smd ~heir'gpeTt~Jon. AIso~ ~he~Cl~*s mould be damaged In lhe'eyes o~ visitors ~o our Ci~7 that had. the people ~ould consider the undersized pools as being ddveloped co~struc~ed b~ {he Cit~ Ir we mould dssane their opekdtion; Also, I-feel that citizens fn other areas o~ oar:City-would the right to request and demand that we construct at ~east-pools this similar size in .parks la their sections or the CItT~'-ir we meet this demand, and ue shokld.lr we undertake the operation o~ these pools, this ~ouJd result In a.perpeTu~lon of a.~lstake;' I b'are aaa commented on the Clt~ constructing smimming pools because I ~eel that such an actJvit~ ~r program should stand on its own merits and be port or a separate report. It is quite obvious that the high cos~ or prept~fng the pools to meet the regulations of our Health. Oepar~e~t and to Operate then in ~ccordance with good practices rot operation ff"public pools is an enormous undertaking. The criticism that mould result ~rom Cit~ operation mOUld be most un,air and kuuld only increase undertake the operation and omnership of the TAP pools. SI Jemes O. Trout" lith reference to the matter, Council bavio9 referred to ~e City Manager for study, report and recommendation a proposal of the Roanoke Jaycees that on olynp size pool be built immediately in Fullon Park and in the Lansdomne Park area at a total estimated cost of $140,000.00, of nh/ch tbe estimated share of tbe City of Roanoke mould be $65,~00.00. the City Manager submitted a progress report advising that he is study'in9 the proposal and will endeavor to inform Council as the study roneeds. With further reference to the matter, Mr. James H. Stamper, Director, TAP lanniog and Evaluation, Total Action Against Porert~ in Roanoke Valley, appeared ~efore the body and presented the following communication proposing that Total Action %guinsk Poverty in Roanoke Yalle! continue the operation of the TAP smimming pools tn Eureka Park+ Washington Park and Hurt Park in 1970 mith o uiem of working out a mutually satisfactory plan for operation of the po~ls .f'or tbe summer of 197l: "Roanoke, T~glni.a M~r~h 5,1970 The City Council City of Roaaoke Roanoke, Virginia The Roanoke Yulley Council of Community Services hms recommended that the City of Roanoke be responsible for operation of the swimming pools in Nasbington0 Hurt z~d Eureka Parks for the summerof 1970. Tbe Hoard of Oirectors of Total Action Against Poverty in Roanoke' Valley has endorsed that'recommendatbn. ....... £§1 This ~eek~.hhae~er~.efter~cooaelting the Office.of Ecoadkic'Opportueity, TAP*a*Plaaeieo Stuff ken determined that by the time th~*'necesaery contracts eoukd.be, eegotiated*eed c~proved to allan TAP to d~legetp ~peretios or th~ aulumieg pool prograu to the Caky, Ie ~der %her the Federal finds might be transferred, it would be too late to recruit end t~ala the .turf of lifeguards end make other arrangements for ntert~eg the pregrau reesoeably'eariy ln.~e sinner. Therefore ne propose that. TOTAL Action Against Porerty in Roanoke Valley operate the three pools aa it did ie 1969 ia accord with Roanoke City Ordieence No. 181S2, May 13, 1969. For pl~neieg p#rposea me are esaumieg it Is the Clt3'n intent that the pools alii revert to and become t~e sole property of the City by May. 1973, at the latest, per that Ordinance. Math the City Council's permission ue mould do the following: 1. Co~cult uith.the City Manager eed, through him, other City Departments to arrange, ohere it is appropriate, the best coordination of the operatiot ~n4 smrfmming program for these poola mlth, for, instance, the recreation program to be conducted by the City in those parks and the mark of the Department of Public Marks end the City Police which might' affect ~ohl maintenance end security. Ir possible we mould like to obtain advice and technical insistence from qualified persons lo es to nuke this the best ~ossible progrea. 2. Consult math the Oty ~anager and, through him, other Cit~ Departments to prepare a plan for operation of the pools in ~ashington/ Hurt and Eureka Parks for the auumeF of 1971. Me would like to begin work on this ~ow and return it at the convenience of the City Council, certainly nell before time to start openJn9 the pools for 1971. This is not an attempt to get the City Council to make a de~ision for 1~71 now, but to offer to confer with the Administration so as to present fairly the various ~lternetlves so a responsible decision can be reached .in an orderly fashion. Of m urse we would like to see these pools 6e included in a~y lin9- range planning the City may do for swimming programs and TAPes Plannln9 Staff is anxious to cooperate with the City Administration whe~ and if, such ~lans are developed. Thank ~oa very mnch for your cooperation. Faithfully yours, S/ James H. nusuper James H. Stamper, Director TAP Planning and Evaluation": After a rather lengthy discussion of the question, Mr. Thomas moved that Council concur ~ the proposal of Total Action Against Poverty in Eoanoke Valley to continue the operation of the pools in 1970. The motion sas seconded b~ Rt. Trout and unanimously =adopted. Mr. Llsk then moved that the suumary report of the Suim~ing Pool Study Committee of the Roanoke Valley Council of Community Services, Incorporated, the repl of Vice Ra~or Trout, the proposal of the Roanoke Jaycees and the progress report of the City M~nage~ in connection witbtbe proposal of the Roanoke Jaycee$~be received an filed. The notion was seconded by #r. Trout and unanimously a~ pted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERAT ION OF ORDINANCES AND RESOLUTIONS: AUDITORIUM-COLISEUm: Council having directed the City Attorney to prepare the,proper measure authorizing the City Manager to issue, for and 'on behalf of the City of Roanoke ~ a change order to the' contract with Nello L. Tee~ Company for the construction of'an ice hockey play area in the Coliseum unit of t~e Roanoke Civic Center with dimensions of 65' x 190' rather than ~5' x ~0~** he presented same; whereupon, Mr. Perkinson offered the ~ollowing Resolution: (e19085) A RESOLUTION approving the City Mnunger's'l~suance of Chnngo Order NO,'5°IB connection uitht~he City's contract for the cc~ctr~ctlon of the geane~ CirCe Center. (For full text or Reaolutia, see Resolution nook NO. 34. @age 185.) i~. Perk/asea norad the odpptlom of the Resolution. ?be lotion uss aeconde by Er. Llsk nnd adopted by the folloulng rote: AYES: MessrS. Bosxello Llsk. Perklnnon. Thomas. Trent ,od Rheeler HAYS: Rayor Nebber ...................................................... M~IONS. AND MISCELLANEOUS BUSINESS: LIBRARIES: The City Clerk reported that Mrs. Ralph K. Homles° Hr. Jesse Rendomi and'Dr. Leo Platt have qualified us members of the Roanoke Public Library Board for terns of three yearn.' each. ending June 30. 1972~ R~. Lisk moved that the report be received and filed. Th~ motion seconded b! RT. Perkinson and unanimously adopted. HEALTH DEPARTREN'f: The Cia! Clerk reported that Re~nrs'. J. GATT! Clay and A.~H~ro~ Smith have qualified as members of the Board of Housln~ and H~oiene for terms of tun ~ears. each. endJn~ Januar~ 31. 1971. Hr. Rheeler moved that the report be received and filed. The motion mas Tdere ~ein~ no further business. Ra~or ~ebher declared the meetin~ edJournt APPROVED ~erk #eyor Ronduy, Retch 16o 1970. The Couucil,or~thq City of Roanoke met lo regular meeting in the Council Chamber in the.#nnicipnl Bulldln9o~ Ronduy, March 16, 1970, ct 2 p.m., the regular meeting hour, uith Mayor Webber ~reeiding. PRESENT: Councilmen John R. Eosuell, David K. Llsko Hampton M. Thomas, James O. Trout, Vincent S. Eheeler and Mayor Roy L. Rebber ARJEN'~: Councilman Frunh .N, Perhinaou. Jr..- ...................... 1. OFFICERS PReSENt: Hr. Julian F. Hi,at, City Rsnsger, Hr. Eyron E, Boner, Assistant City Manager, Mr. James No Kimcccon, CltI Attorney, and Mr. A. N. Gibson, Assistant City Auditor.. INVOCATION: The meeting ann opened mitb u prayer by the Reverend John Grass, ~astor, Riverdnle Baptist Church, MINUTES: Copies of the minntes of the regular meetings held on Monday, Fcbrnnry 9, 1970, and Mondny**Februnry 16, 1970, having been furnished each member the reading thereof mas dispensed Ulth and the minntes approved as ~ecorded. DEAR1NG OF CITIZENS UPON PUBLIC MATER DEPARTMENT-STREETS AND ALLEYS: Pursuant to notice of advertisement for bids on performing miscellaneous~ Small area improved hard surfac~ street and for n period of 12 months commencing not later than April 3, 1970. said proposals to be received by the City Clerk until 2 p.m., Monday. March 16, 1970. and to be opened at that hour before Council. Mayor Rebber asked if anyone had any questions about instructed Jhe City Clerk to proceed mith the opening of ~he bids; nhereupon, the City Clerk opened and r~ad the folloning bids: Adams Construction Company - $47,921.35 John A. Hall ~ Company. incorporated 49,869.50 Yir~tuia Asphalt Paving Company, Incorporated - 52.605.45 Mr. Lisk moved that the bids be referred to u committee to be appointed bl the Mayor for tabulation, report n~d recommendationto C~uncil. the City Attorney Sam H.' RcGhee, III, as members of the committee. PENSIONS-POLICE DEP~RTMENT-~IRE DEPARTMENT:Mr. A. K. Hughson, Assistant Chief of the Fire Department, and Captain R. D. Sink.appeared before Council and requested that the Police and Fire Pension System Of the City of Roanoke be amended ica provide that those members mbo desire to join the Employees* Retirement System of ithe City of Roaq~he, Vtr~ia, be 9iron credit for payments made to the Police and Firl Pencl~o STsten egeinet pnlneete accumulated since Jely, 1946. es required nf nay member of the Police end Fire Pension STaten d~sirieg to transfer to the EmpXoTees' Peasant System aha have completed tuentyofive years for ~nemts aide-to the Police nod Fire Peeeioe~Syetem since completing tunney-flee years, nllomfug seca members to receive full benefits under the Police and.Fire Pension System plus the benefits the! have enrued~eJnce their tdeht)-fifth anniversary under the Ruployees' Hetireuent After n dlscecsioB of the question, Hr, Thanes eared thee the tatter be referred.to · comtittee coaposed of Hr, Frank N, Perkinson, Jr** Cba~rnen, Reyor Roy L. Webber, Hr, J, Robert Thomas iud Mr, Julian F. Hirer for study, report and recon- uendetion to Council, The notion was seconded by Hr, Tl~3t end unanimously adopted, ~ETITIO~S ARB COHRUNICATION$: HEALTH DEPARTMENT: A communication from Mr, R. Franklin Hough, Jr,, Chairmen, Community Mental Bealth-Rentul Retardation Service Board, requestin~ that Council concur in the appointment of Hiss Dorothy L. Olbboney, the Reverend Charles Dream and gr. Robert W, Spessurd.es additional members to serve'at large on the Community Mental Health - Mental Retardation Service Board. said members to be approved by the Cit~ of Roaeoke. the City of Salem and the Count~ of ~onnoke, mas before the body. Hr. Thomas moved that Council concur In the request of the Community Mental Health - Rental Retardation Service Board and that the matter be referred to the City Attorne~ for preparation of the proper measure. The motion was seconded b~ Hr. Trout and unanimo~ I~ adopted. ZONING: Council having referred tothe City Planning Commission for study. Director. Southwest Virginia Communit~ Development Fund. requesting that property located on the corner of Hth Street and Fairfem Avenue, N. W., described as Lot E, Block 41, and the east and west part of Block 29, Official Tax Nos. 2111101, 2111102 and 2110hOl, be rezonsd from RO-I. General Residential District. to LR. Light Mann- the request for rezoning, ~as before the body. Mr. Link moved that Council concur in the request for permission to with- adopted. HUNICIPAL BUILDING-CAPITAL IRPROYEHENTs: Council having received and filed a certified cop~ of an'order from Judge Ernest W. Hallou.'Hustiugs Court. appointing a committee to examine the courthouse, or othermise,'and'report to the Court as to whether the courthouse, or otherwise, of the C~y of Roanoke, Virginia, is insecure, or out of repair or otherwise insufficient, a communication from Judge Ballou transmitting the report of the committee advising that after thorough consid- eration the committee reached the unanimous opinion that the courthonse of the City of Roanoke is insecure or out of repair or otherwise insufficient, uae before the hod Mr. Link moved then ~e matter be taken under advisement. The motion mis secmded by Mr. Trout mud unanimously adopted. INTHGRATION-SE~REGATIO~-RECREATIO~ DEPARTU~A;F-PARKS AND PLAYGBO~A~S-TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY: 'Council having referred to the City Munsger for stud~, report and recommendation u proposal of the Roanoke JoTcees to construct a public s~imming pool in Pallon Park and in the Lansdomne Park ares. Mr. Gennis'C. Grass. representing the Student Cooperative Association amd the Student Facultl Coordinst'lng Committee or Jefferson Senior High School. appeared before the body and presented n communication supporting the b~tding of s public sulamJn9 po~l in Fallon Park and in the Lansdowne Park area. In this connection. Mr. C. Mack CIaA. Community Relations Co-Chairman of the Roanoke J~;cees. appeared before the bod~ and presented a c~ununication from the Roanoke Jalcees advising that because of the tine element involved and the nvailabil- ltl of contributions uhich have been secured it i~ importaot that a decision concern- ing the constructim of these suimuin9 pools be made*as soon as possible and that the Roa~ote Ja~.cees stand read~ to provide further assistance in ami wal possible. HF. ~rout moved that~e communications be referred t~ the Citl Hanager fo~ his information in. connection ~ith his stud~ of the matter. The motion was seconded bi Hr. Vheeler and unaniuo~ a~opted. HOUSInG-SLUM CLEARA~CE:'A communication from Hr. Russel'l R. Henley. Executive Director. Citl of Roanoke Redevelopment and ~ousin9 Authoritl. transuittin~ a che~k In the ~mount of $27.~67.5~. representing $13.023.53 from the Lansdoune Park Project for the fiscal ~ear ended September 30, 196~, $~2,334.83 from the ~fnc~l n Terrace ProJect for the fiscal lear ended September 30, 1969, and $2,509.15 from the Hurt Pare Pro, oct for ~ Six =ontht3 period ending September 30, 1969, coverhg palaent to the Cit~ of RoanoEe in lieu of taxes based on ten per cent Of the shelter ren~s ' from the three ~roJects, Mas before Council. It appearing that the~e~m-~ready been deposited w~ the Citl Treasurer, ~r. Thomas moved that the communication be received and filed. The motion Mas seconded bi ~r. Lis[ and udaniuous~7 adopted.' HO~SI~G-SLUH CLEARANCE: A ~ommunlca~lon from Hr. Russell B. H~nle~. Executive Director, Cit~ of Roanoke Redevelopment a nd Housing 4uth grits, advising that the estimate of the annual amount of pa~ments tn lieu of taxes for the housing project on Bennington Street, S. E., between Riverside Terrace and Butreugh Road, designatedes Project ~o. VA. 11-7, is $6,500.00, that[the annual amount of taxes bhich ~ould be levied were the propertl prl~atell omned is $25,000.00, and th~ the property at preient, assuming n~J taxes paid. is producing $600.00 per annum Jo taxes ,as before. Council. Mr. Link moved that the communication be received and filed. The motion ~aS ~econded by Mr. Thomas and unanimously adopted. BUDGE~-CITY CLERK: A communication from the City Clerk requestin~ that }75.00 be appropriated to Haintenunce of aachiner~ and Equipment under Section =2. *Clerk,' of the 1969-T0 budget, to provide foods for the remainder or Lbs fiscal yen unn before Council. Mr. Thomas moved thou Council'concur in t he request or the City Clerk end offered the rolloming emergency Ordionnce: (~19086) AS ORDIHANCE to amend nnd reordnin Section ~2, 'Clerk.' of the 1969-70 Appropriation Ordinance. end p~ovidJs9 for un emergency. (For full text of Ordinance, see Ordinance Book No. 34. page la?.) Nr. Thomas moved the adoption or the Ordinance. The motion mos seconded Mr. Trout and adopted by the releasing vote: AYES: Messrs. Boswell. Lisk. Thomas. Trout. Mheeler and Mnyor.W~bber NAYS: None ................................................... ~ ........... (Mr. ?erkinson absent) BUBGET-COMRONWEALTH*S ATTORNEY: Copy of n communicotim fram the State Compensation Board addressed to Mr. Samuel A. Garrison, 1II, Attorney for the Commonmealth of the City of Roanoke, approving an additional $175,00' for and office supplies in the budget Of the Commonuealtb*a Attorney, ~as before Council Council having already appropriated $175.00 to Printing and Office Supplie under Section u22, 'Cammonuealtb*a Attorney** Of the 1969~?Obudget, subject to the approval of the 5tote Compensation B~rd, bra Oosmoll moved that the communication be received and filed. The notion was se'conded by Mr. Trout and onani~ou'sly ad,pied, SPECIAL PERMITS-~TATE HIGHWAYS: A communication from Mr. Michael K. Smeltzer, Attorney, representing Sun Oil Company, re~uestin9 t~ t Section 32, Chapter 4.1, Title XV, of The Code of the City of Roanoke, 1956, us amended, be amended to permit his client to encroach on the 25-foot building setback line for major arterial bigbuay$ at.the southmost corner Of Brandon Avenue and Franklin Road, (n19087) AN ORDINANCE to amend and reordoin Section z89, ~?rsnsfers to Capital Imprbeemeit Fend,' of the 1969-70 Appropriation Ordinance. and providing for (For fell text or Ordinance. see Ordinance Book No. 34. page 18?.) Mr. LJsk moved the adoption of the Ordinance. The notion ess seconded by Mr. Trout and adopted by the folloalng vote: ~ AYES: Messrs. Lash, Tbouss, Trout, Wheeler and Usyor Webber--~ NAYS: Mr.' Boseell 1 (Hr. Perkinson absent) CITY EMPLOYEES-PAy PLAN-CITy MANAGER: Tbs City Manager submitted the following report sdriaing that the city is about to enter upon a period of time mhen it will be deeply involved in estters relating to its corporate boundaries, that n rest volume of work is entailed and requesting the authorization of Council to appoi r. Edwin Ellis. Delinquent Tax Collector to the new poiitioe of Boundary Coordinstin assistant, said position to be established under the direction of his office and to Be classified in Range 21 of the Pay Plan effective March IG. 1970: "Roanoke. Virginia March 16, 1970 Honorable Mayor and City Council Roanoke. Virginia Gentlemen: This Is to return tothe City Council math the following matter mhich was submitted and mithdramn temporarily at ~he City Council meeting on February 23. 19?0. The City is nam bntering upon n period of time when it will be deeply involved in matte~s relating to its corporate boundaries. Fore- most as to immediate knbmledbe and early requirements for responses in the annexation suits, the principal one being the Citl~ petition for the annexation of Roam~e County. Related to this general scbject are possible further consolidation efforts and perhaps numerous other variations of boundary proposals or pan.fifties. As we enter into this period of time it ia realized that a very great volume of work is entailed. Ne see no may reasonably possible for this mark to be absorbed by our present City staff along with the regular duties that each me~ber has. The development of material and information, the coordination betwee~ departments, the maintenance of information or necessary sources and the responses to our consnltJn9 engineers and legal counsel nil ore involved in the situation. I;eould propose to establish under the Cit~ Mseager*s office an* office that would be directly and e&tlrely cSncerned math this matter. Initially n position entitled Boundary Coordinating Assistant mould he assigned to the office as a full time position. I have requested the Personnel Board to establish n classification and recommended range for such n position, my suDgestion to them befog that it be set et Range 21. I would propose to assign to this position Mr. Ednie Ellis, mbo is presently DelinQuent Tax Collector and presently in Range 19. If the position ia approved a recommendation will be made for filling the position of Delinquent Tax Collector. The off'ice and position has to. in a sense, be considered as n temporary situation; homever, the length of time during which ~here will be valid need for this work and related work is a matter of certainty. The position would he in assistance to the City*$ con- Suiting'engineer. the Cltyta attorneys, and the City Manager and the work wu~ld be under the direction and guidance of those individuals and groups. it with the possibilities of adding an individual of higher range and uith specialization capability in this field. This la submitted to the City Council uJth the recommendation that the position of Boundary Coordinating Assistant be incorporated in the Pay Plan of the City in Mange 21 effective March lb. 1970. Mespectfull! submitted. S/ Julian F. Hirsh Julian F. Hirsh City Manager' Mr. List moved that Council concur in the rec~mmendptioo or the City Manage and 1hoc the matter be referred to the City Attorney for preparation or the'proper measure. The motion nas seconded by Mr. Trout end unanimously a~opted. SEWERS AHB ~-FORM DRAINS*STREETS AND ALLEYSoCAPITAL IMPROVEMENTS: Gou~ il having referred to the City Manager for Study and report o~commonication from Mrs. Robert Leonard, President of the Mliduood Clrlc League. requesting that immediate action be taken for the temporary relief of the drainage problem in the 2400 nad 2500 blocks Of Kin9 Street. N. E.o the City Msnaoer submitted the follomin9 report. advising that bids for the completion of this project ore scheduled to be received on March 30, 1970: "Roanoke, Virginia March 16. 1970 Honorable Mayor and City Council ~oenoke, Virginia On Monday. February 23, 1970. City Council received a cbamuni- cation from Mrs. Robert Leonard. President of the Mildwood Civi~ League, requesting inbmation with respect to the storm drainage problem in the 2400 and 2500 blocks af King' Street, N. E. As members of City Council are snare u project for correction of storm drainage problems which exist in the Kino-Mecca area of northeast Roanoke nas contained in the 1967 Bond Program. The design sas prepared'and bids were taken. The initial bids received were for In excess of-funds available for this project so the project mas' redesigned in reduced scope and bid. The amount of $25,444.82 mos spent lu constructing a storm drain fram the aid=portion of the2$~O block of King Street to Glade Creek. City Council in realizing that this was only a partial answer to the problem included in the 1969-70 budget'en additional $40,000 for completion of thai project, Plans for the additional star= drain on King end Mecca Streets have been completed. The project &ns been udrertised and sealed bids mill be received before City Council at 2 p.m.. on Monday, March 30. 19TO. . A letter outlining the full details as given in this report has been iormarded to Mrs. Leonard. Respectfully submitted; S! Julian F. Hirst Julian F. Hlrst City Manager" Mr. Thomas moved that the report be received and filed. Tb~-uotibn wes seconded by Mr. Trout and unanimously adopted. SPECIAL PERMITS: Council havOcO referred to the City Manager for study. report and recommendationa request of'Mt. B. F. Campbell that the steps in front' of ~he residence at 1007 Lafalette Boulevard, N. W., be permitted to ~ncroach approximat s hat at the pre~ent ~ime thdre ore no plans for uideniog or improvements tO Lafayette Boul~vird p~opoaed under the major arterial k~ghmo! plus and recomueadiog that the request be granted: '. 'Roanoke, VlrohJo Hatch 16. 1970 H~noroble aayor ned cit~ Council R6aaoke, Virginia G~mtlemem: On #ouday, Bar~h 2/ 19?O,'Clt~ Council received u commusicolion from B. F. Campbell of~63S Tluberidge Road, Vluton, Virginb, r~queating~. that tho C/tx'of'Roanoke approve un encroachment on City prupert~ u( the address of I~OT Lafayette Boulevard. N. M. At this location the concrete steps and · lan concrete mall encroach approxlmutel~ 4 reef onto tit! property. This action uss ~equested to all~m for the'sale of this property. It is needed us the FHA mill not appro've u'loon on thin propers! until such approval is granted bl the Cit~. Mr. Campbell needs s letter or a resolution from the Cia! stating that eucroachnent does not harm usage of public right of ual and that the cia! does not plan to utiliae the land on mhich the encroachment mould exist. At the present time the major arterial highmal plan does not envision uny uldening or improvements to Lafayette Bouleru'rd at thli locution and the cat! Yanager*s office ~n foresee no earl! change in this situation. If #r. Campbell is alloued to continue this encroach- uent a resolution should be provided and should include provision for future mJthdruual of thin privilege, should the oee~ arise, and should require the ihodomner to remove this 4-foot projection of well and the steps as the7 project out into Cit~ right of ma! st such time, It $/ Julian F, Hirst University, Boca Reran, F~orida., It Iii the bells of coatiauieg reapact aid high regard for his capabil- Ities and bls kaouledge and latarest ia oar City g~veramest. The Cfty;a Pay and Cl~csifioatf~a PZ~aa barn prn~ea' f~ead eld pro- gressJve, dad ara much to,his-credit~~ The'maul programi and procedures effective and theZ ar~ attributable Jo large measure to'his Initiative. push. u~ders~aadiag nsd. impleeeatatlon. I bare alesya found his counsel good in peraonael'est~ers and base enjoyed the finest of cooperation from him, The City has been very fortunate in having had the benefit of his services. It has been my good fortune also. Re shall coeeence to seek to fill this position that has become essential 'in operation oF the governmental organization. Respectfully submitted. S! Julian F. Hlrst Julian F..Hirst Cit] Manager' Mr. Wheeler moved that the report be received and filed, The motion was seconded by Mr. Trout and unanimously adopted. CITY £~GINEER: The City Maa~ er submitted a uritten report teansmitting the following report of a committee recommending that the low bid of The Sanco in the amount of $17,995.00, be accepted, the City Manager advising that he concurs 'Roanoke, Virginia March 10, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: On Thursday. March 5. 1970. at Il a.m., bids were received'in the office of the Purchasing Agent for the purchase of one (1) new 24 Cubic Yard Refuse Compaction Unit, complete math cab and chassis and front end loading assembly, F. O. H., Roanoke, Virginia. As can be seen from the attached tabnlat~n bids, three (3) ' different firms submitted bids on SiX (6} different units** One (1) unit bid, Alternate Ho. 2. by nARCO C~oration did'not'meet the minimum specifications as to capacity and gross vehicle weight. The lan bid meeting the specifications was submitted by the Tidy Corporation in the net amount (after deducting trade-in allowance) of $17.618.15. The Tidy Corporation specified delivery:of hO to 75 days after receipt of order. The next low bid meetJnffapecJfJcations uss submitted by nARCO Corporation io~the net amount (after deducting trade-in allomance) of $17,995.00. SA~CO gave a delivery time of 10 days after receipt of order on its unit, or 65 days more favorable delbery tine than that indicated in the Tidy Corporation bid. In the specifications, under the heading, *Delivery Time', ~he following p~vagraph uss included: *Time Of deliver~ is of the essence,~ The supplier eill state the number of days after receipt of order that he eill deliver the complete unit F. O, B., the City of Roanoke. end for every day beyond the number of days specified by the ~hppii~r that he fails to make delivery, a penalty of $40.00 per day will be imposed. The City reserves the right to consider delivery timeiu'ditermtntn~ award of bid** . In light of this provision ned the critical meed for theCity to hn?e . use of the nam unit at the earliest pos~4~le date, itl la considered to the best lateran* of the City to accept the bid of SAHCO'C'o~porntiun for the ne~ 25 Cubic Yard Bunpeanter Refuse Compaction. Unit. Model 45-25C, by Dempster Brothers, Corp'., which unit I$ mOo~ted on a~aee 1970 cab end cha~Sis, Model TMT?3O, having a G.V.M. of 40,000 lbs. The difference in cost. betmeen the SANCO bid and the Tidy Corporation bid is $155.R5. multiplying the $40 penalty, set up in the speciri- .cations. by the 65 days of earlier delivery b~ the Sanco Corporation, would represent n value of $2,60~. The actual rental of a ~4 Cubic Yard emit ia STSper u~rhieglda~, ~ Should tho City ha=compelled to · rent a unit du~iag thio'iBte~Jm'perfod~ mhlch lo a'deffelta"~ua~l- bllitj, this mmld repreceeb an expenditure or approximately $3,375, The aAMCO ~orporatlou also specified ie its bid proposal thet It had awult~ble stand by 24 Cobfc Yard Dnmplaster Doits that ~ooid*be farefshed to the City is case of 9 .breohdown, the first 5 days cf which uoeld be et aa cost to the City, with · charge 6f $?5 per day p~r unit for each dey beyond the.5 day free period, It is recommended thet the Altereete Bid Bo, 1, submitted b! tkh Corporation, ia the* net amount (after~de~uctieg trade~tm) of $17,995 be accepted,.reJecting 911 other bids and that ma appropriation ia thio amount be mode. lo order to corer this appropfiatJoe it la suggested that the following transfer of funds be affected: From Account 69, Refuse Collection and Disposal, ObJec~ CBde 64~ unexpended funds after pmschuse of 24 Cubic Yard Ouupuaster unit-SI,Bm2,52 From Account 57, Traffic Engineering and Commuelcatioes Object Code 53, used line truck uitb hydraulic haas not be purchased- 1,700.00 From Account 67, Sewer Maintenance, Object Code 53, 'Equipment Replacement' (Backhoe), ~ot to he purchased* IO,$O0.O0 From Account 66, Street Cleaeing, Object Code 53, '£quipwent Replacement', unexpended funds after purchase of equipment included in Budget.- 1,202.~2 From Account 69, Street Cleanlng~ Object Code 63, "Vehicular ~quipment Non', euexpeudnd funds after purchase of 3 leaf loaders. - 195.00 From Account 62, Snow end Ice R~movnl, Object Code 54, 'Operationel £qnipment Replacement','unexpended funds after purchase of 2 snow plows. - ?bB.OO From Account 64, Maintenance of City Property, Object Code 64, "Operationnl £quipwent New". unexpended funds after purchase of ureas cleeeieg unit. - 310.00 From Acc*ant 6d, Maintenance of City Propert~, Object. Code 64, unexpeaded funds after purchase of portable · 1,280.02 From Account 64, Maintenance of City Property. Object Code 26, "Rentalse, transfer of funds. - 36.54 $17, Respectfully submitted. S/ B~ron £. Bauer Byron £. Bauer S/ Bueford B. Thompson Bueford' B. Yhompaon S/ H, Cletus Broyles H. Cletus Br~yles~ Mr. Trout moved that Council concur in the recommendation 0~ the City Manager and offered the foil*ming emergency Ordinance: (=1908B) AN O;DIMA~CE provldf~o f?r the purchase of ~ne (1) new refuse compaction unit upon certain terms and conditJous~ accepting a certain bid made to the City for furnishing and delivering said equipment; rejecting other bids made to the'City; and pr*vidal9 for an emergency. (For full text of Ordinance, see Ordinance Book Mo. 34, page 10~.) Mr~ Trout moved the adoption of the Ordinance. The mot~;~as ~econded by Mr. Wheeler and adopted by the following rote: ATES: Nessrs. Oosueli, Link. Thom~s, Trout. Wheeler dad Ua)or Webber---6. NAYS: Nqse ............................................................. O. (Nr. Perkfoson ohseol) In this connection, Mr. Thomas offered the follomisg e~ergency Ordinance ,roviding rev certain transfers mithtn various accounts of the 19§9-70 budget to ,roride muds for the purchase'of said equipment: (#19089) AN OROINAhCE to amend sad reordaJn certain ~ectlous of the qbg-?o Appropriation Ordinance. nod providing for nn emergency/ (For full text of Ordinance. see Ordfnnnoe Oook KO. 34. page 159.7 Mr. Thooss moved the adoptIo, of the Ordinance. The motion mas seanded by UFo Trout and adopted by the ioiloming rote: AYES: Messrs. Ooswell, Link, Thomas, Trout. Nheeler ~nd #a~or Webber---6. NA~S: None ......................................... ~ ................. O. (Mr. Perkiuson absent) AUOITORIUN-COLISEUM: The City Manager submitted a ~ritten report trans- mitting the following report of a committee recommending that the lom bJda of Coca- Cola USA! Division of the Coca-Cola Company. Norfolk. Virginia. for fbrnishing. installing and maintaining all necessary soft drink dispensing equipment and the proposal of Roanoke Coca-Cola Bottling Works, Incorporated, for 'furnishin9 syrups, for the Roanoke Civic Center. in the amount of $1.80 per 9allono be accepted, the City Manager advisin9 that be concurs in the recommendations of the com&it~ee: *Roanoke, Virginia March 16. 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: At Il a.m., March 3. 1970, sealed proposals mere received in the office of the Purchasing Agent nnd opened by the undersigned committee. These proposals related to the supply and installation of soft drink dispensing equipment in the Roanoke Civic Center Auditorium, Coliseum and Exhibit Hall and the supply of syrups to be dispensed from the above equipment. Ooe proposal~s received from Coca-Cola USA, a divisio~ of Coca-Cola Company, Norfolk. Virginia. for the supply and installation of soft drin~ dispensing equipment, This proposal mas s~bmitted in conjunction mith the bid Of Roanoke Coca-Cola Bottling Works, IncOrp- orated, to supply cold drink nyrups for use at-the Civic Center at a cost of $1.RO per gallon. This proposal for'supplying various types of syrups included' that of Or Pepper at $1.RO per gallon. A separate proposal to supply Dr Pepper for the same prick mos received from the Dr Pepper Bottling Company, Roanoke, Virginia, ahile Rice Bottling ~orporation of Hollins, Virginia, submitted proposals to supply various syprups at a cost-of $1.qO per gallon to the City. The bid of Roanoke Coca-Cola Rottling Works, Incorporated, for supplying syrups coupled with the proposal to supply dispensin9 equipment by Coca-Cola USA mas the only complete proposal, in addition to being the low bid. It is the recommendation of yonr~commJtte~ that City Coun~l accept the Ion bid of Coca*Cola Bottling Works. Incorporated, of Roa-oke, Virginia, and of Coca-Cola USA to supply the necessary syrups nad soft drink dispensing equipment to be utilized by the Roanoke Civic Center. It is to be noted that the proposal'to supply this drink dispensing equipment includes the responsibility tomointain this equipment also. :63 Res'peotrull! submitted. S/ Byron E. Hamer Byron E. Hamer S! H. Cletus Broyles H. Cletus Broyles S/ Rem T. Mitchell, Jr. Rex T. Mitchell. Jr, S! B. B. Thompson Dueford D. Thompson' Ir. Trout moved that Council concur in the recommeddation of the City Manag and that the matter be referred to the City Attorney for perparation of the proper measure. The motion mas seconded by Hr. Mheeler and unanimously adopted. CITY ENGINEER: The City Manager submitted n mritten report transmitting the following ~eport of u committee recommending that the lam bid of Mcllhany Equipment Company, Incorporated, for supplying one hem portable air compressor and air tools to the Maintenance of City Property Division of the City of Roanhke. in the amount of $6.219.96. be accep(ed, advising that he concurs in the recommendation of t: committee: "Roanoke, ¥irginia ~arcb 16, 19~0' Honorable Mayor and City Council Roanoke, Virginia Centlemen: Bids mere received in the office of the Purchasin9 Agent and opened by the undersigned committee at 11:00 a.m.o March 10. 1970. for supplying a portable air compressor and air tools to the Maintenance of City Property Division. As can be seem from the attached tabulation, bids Mere received from four firms for the'supply of this equipment. The lamest bid mas submitted by Mcllhany. Equipment Company, Inc.. at a total net sum of $6,219.98. mhich is for the supply of a LeRoi Model 170 RC2-E air compressor and the.air tools as specified by the City of Roanoke. This equipment mill meet all specifications and it is within the funds allotMd iff the present budget. It is the recommendation of your committee that the bid of Mcllhany Equipment Company, Inc.. be accepted for supplying the air compressor and air tools at the sum of $6,219.96. Respectfully submitted, $! Byron E. Hamer Byron E. Hamer S/ H. Cletus Broyles H. Cletus Broyles S! B. B. Thompson Bueford B. Thompson* Mr. Ltsk moved that Council concur in the recommendation of the City'Manage and that the matter be referred~o the City Attorney for perparstion Of the proper measure, The motion mas seconded by Mr, Bosuell and unanimously adopted. POLICE OEP~RTMENT-FIRE DEPARTU~NT: Tko City Hccsgor submitted tho follou- in9 report ac the status of persosoel lo tho Police OeP~tmsht ced the Plre Oepsrtmet for tko month of Februc~T, 19~0~ ~locnohe, ¥1rglnic March 16, 19TO Honorable Rcyor sod City Council Roanoke, ¥4r~ioic Gentlemen: Listed belom is the status of the fire and thb police deport- ment as of February. 20, 1970: Police Bepartmeot The~e were no personnel changes f~the month of February, 1970, Ending February 20, 1970 (5 vaccnclesi. Fire Department There mere no personnel changes during the month of February, 1970, for the Fire Department, There is one vacancy lo the Fire Department for Fire Marshal, Authorized strength: 102 Present strength: 181 Respectfully submitted, $/ Julian F. Hlrst Julian P. Hirst Mr, Trout moved that the report be received and filed. The mo~on wac seconded by Mr. Lisk and unanimously adopted. ROANOKE CITY ARTS COMMITTEE-MUNICIPAL BUILDING-PARKS AND PLAYGROUNDS-SCHOOl -AUDITORIUM-COLiSEUM: Council having token under advisement and referred to the Attorney for advice as to the proper procedure to be followed in connection uith a report of the Roanoke City Arts Committee recommending steps to bo taken toward the initiation of an art program for the citizens of the City of Roanoke, the City Attorney submitted the following report recommending that O11 five recommendations contained in the report of theRoanoke City Arts Committee be 9Juan consideration, advising that each recommendation would require more detailed study ~efor~ full implementation should be effected by the City. of Roanoke, particularly, recomuendatl¢ which uocld involve immediate expenditures Of funds ootyet appropriated or othernlse provided for and further recommending, that a study committee be appointed by 'Council City Code an Ordinance which would provide for the creation and existence of a armament art commission: "Roanoke. Vietnam March, 16, 1970 of Roanoke Ctty'Council Rocnbke, Virginia Gentlemen: At the meeting of the,Council held March 2, 19TO. the Council took under advisement and referred to the undersigned for adsice on recommended procedure a comprehensive written report made that day to the Council by the Couocll's Study Committee on the Arts, the de~ails of which report, loc ~ e scke of brerity, I shull not iacor- meud~to t~' Cei~ci~r ils mature~ tod coaflruotlve consideration tho fivo.genorel~recommeudhtioac~od*~b~--~hs stodl~eommlt%co~ eoc~ or I thiuk,~ admittedly~ mould reqalr&"cooal~e~ibl& iore;~etolled stud! before fGll~lmpleaealutioB chould~be~irrec~ed by~b~ Council, purtlcnlurJj~ recomB~ndotioas Bhich mould lovolve re%her lmmediute expenditures or fue~s not ~et upproprio~ed~or ohheruJs~ provided ror~ To a large e~a~t.but not alt~gether~ the prC~ostls ~f the stud~ cosmittee bere.s~ceoule~perl~l&,~ulatms.cempri~Jag.Cbeptor 2,,Title IX, of the Code of~Vl~gisio,~u~iC~$~Btutea~prorlde~for~ia Art.(~. Commission fo~ tie.State,or Virginia at ~ purl 'of the Executive brbncb of the State~Gi~f~llf~ u(~brti&g qnd~rhspoasibiete.the Go~e~aor~ Similarly, smd pursuant t0 provisions of Sectioa 63 of the Roseate Charter,~the Cfr! Council is authorized to.mu~e provfafo~ rot the sppoin~ment of boo'ds or CoBBi~sIOUS SUCh as is proposed'lB~e obove~ mentioned co~&lttee report for the pu'rp~se of acting, ia.un adrisorf capacit! in cenJunetion math the Girh or the Council or of any one or sore of ~ e officers of the City.-~ . ~ Adopting in pert certain add'Signal v~rbsl r~coBmeudst~ns med~ to the Council by Mr. ~Mon.L. Kerr. Ch~irma~,,vho processed the aboveBentioned es to the need sad udvisubilf~ of the establishment of an Art Commis- sion as contempluted by the ebovomentioued Charter provision, it might veil. as suggested by Hr. Kerr, refer the aforesufd cotmitteu report to a study cosmittee to be appointed by the Coubeil or by tho Msyor, uhich study committee Bould have as i~s members such persons who are in section numbered 3. of the uforessid 'report. That committee uould, after mUture consideration Of all matters involved, formulate and present to the Council as a separate chapter to be incorporated into the City Code, an ordinance which mould provide for the creation a~ existence of a permanent Art Commission, with such duties and responsibilities as might be set out in that ordinance. I shall have prepared rot the Council meeting of March 16th a resolution whereby the Council may provide for further study of the proposal, should Council be desirous of considering its adoption at that meetin0. Respectfully, 5/ ~. ~. Kineanon J. ~. Kincsnon~ Mr. Thanes moved that Council concur in the recommendations ~ the City Attorney end that the matter be referred bach tG the City Attorney for preparation of the proper measure ceFryin9 got the recommendations contained in bis report. The SEVERS A~ S~O~U ~RAI~$-CA~ITAL IMPRO¥£MEBTS: Council having referred to the City Attorney for advice as to uhether or not it would be the responsibility of the City of Roanoke oF the Plantation Plpellne Company Jf the petroleum line is recommending that Council authorize the issuance Of a change order in the amount of $3,000.00 to the contract of Brauch and Associates for the ~struction of the Lick Rue-Tinker Creek interceptor Sewer covering the installation of one joint of cast sanitary landfill entrance at Nise Avenue adjacent to the Norfo~h and Nesters oBned by the Plantation Pipeline Company, the City Attorney submitted the followin~ report advising that because of tbs prior ~lghts of the Plantation Pipeline Company, of which the city was On notice, the cost of resolving the conflict should be borne solely by the city and that a chanoe order should be issued which would permit the bridging of the petroleum pipeline by the sewer: The Bonornbio ~e~or*end #~mbnre . . ** .~,'~ of tkerBoeloke City*Coungll , .~ · At the meeting or Febrnery~23,;.'19TO~ Council referr~d"to the undersigned nmatter, invoivfng*ike*c~oscfn~:of PJeut'nt*fba Pipe Line Compnny*s existfng~gns prsdnot~'pipnllne'east Of Tinker portion of the Clty*s Lick Run-Tinker Creek 'lnt~rceptor saner line', Documenter! evidence inspected b~ the~und~ern'fgsCd~lndlc'n~es~ that Plantation Pipe Line CoSpnn~ ncqef~ed the'rl~ht:to construct-and operete aa eight-inch ste~lliquid'petrole~uJ~.'.o'd'~et'Spipell~ through the area Is question, being in th~ vlcinlt~ o[ th~.snnltn'~I.lnndfill entrance et Wine Avenue, $~ B.,-ndJac~nt tO the ~srfol~*ned Menterb Rniluey Conpony*s overpower by n urltten license ngreement'dnted September 15, 1964.'' The Clt'yes rjR'bt to 'ce'n'~t'~ncto~ op'ernte 'and maintain as interceptor namer in the area through ~hJch the aforesaid pipeline is located uae obtained under e ~ritten license agreement from the same numar dated August 1~ 1969. end t~e'ngr~eme~t contained. express provision that the rights e:nd prlv~lege~n granted"~h~ City mere easements to uhlch the 9rnntorts'tlt'l'e to t'he la'nd ~n~ ~hen~ subject. The fact of the exJntence of this gasoline products pipeline mas ghoun ~ the City and all nth'ers concern'nd'mb'em 'the' general plan for construction of the Cityts Lick Run sewer interceptor #as developed~ The City Manager has prevlousl~ repotted to the Council the fact of a conflict in the elevation of the interceptor saner as the same is presently designed to cross Plantations' pipeline. If, on principles of good engineering, it Js necessary to allow additional clearances at the point of crossing iron the stanapoint of safet~ I am not advised at this time ho, the conflict in elevations arises: h~sever, because of the prior rights of Plantation Pipe Line Company, bf nhich the:Cl~j.uus-h~ hernia, I am of the opinion that the cost of resolving the conflict should be borne by the Cit~, and should be done as inexpensively as possible. Accordingly, there is transmitted herewith a fern of resolution which mould autlxrize the issuance of a change order which mould permit of the bridging of the petroleum pipeline by the ~euer, ,hich appears Respectfully submitted. S/ B. Ben Jones. Jr. for J. N. Klncanon" Mr. Link uoved that Council concur in the recommendation of the City Attor- ney and offered the follos~g Resolution: (=1~090) A RESOLUTION approving the cfr! ~aneger's issuance of a ~henge (For full text of Resolution. see Resolution Book No. 34. page 190.) - Mr. List moved the adoption of the Resolution. The mot im was seconded by 4r. Trout and adopted by the follom~ng vote: AYES: Messrs. Boswell, Liak, Thomas, Trout. Wheeler and Mayor Webber--;-6. NAYS: None .............................................................. O. (Mr. Pe~ktnson absent) SALE OF.PROPEETY~STSEETS AND ALLEYS: Council referred to the City Attore* rot study, report and recoamendutioo the report of u committee recommending that the offer of Mr. Mock Aheroo t~ ~urchuse propertl located au the south side at Orange Avenue, ~. E..ueat of Osborne Street, being oil of the southerly residue at Lot 24, Hloch 20, Jschsoo Park Addition, official Tax Ho. 3330111, for.the sue of $2,000.00, cash, he uc~epled~ in riem of the request of eUit goners or propertl on.Orange Areou~ sad Purcell Avenue, No [., betw~en*2Oth Street and Osborne Street. that the alley is the block be vocotedo discontinaed end closed, the City Attornel submitted the following report udrlsing that he cos see aa reason nh! the possibilltl of some later closing of the alley mould have uny effect on the present sale of the property and recceeending that Council consider'the recommendations of the committee at au e~rly date: 'March 16, 1970 The Honorable #dyer and Members of Remake City Council Roaooke, Yfrg~fe Centlemen: The Council at its meeting held March 9th deferred action un and referred to the undersigned the proposal of the sale of the residue o! Citl-o=ned Lot 24, Block 20. Jackson Park Addition, location the newlI-widened south ~lde or Orange Avenue. H. E., which mae that day recommended to the Council by Its leal [state Cam=Saree. Council's hesitooce 'in acting upon las committee report was progpted~ on infor- mal proposal made at un earlier time in the meeting and in connection with Council*s consideration df the proposed =losing or u sdutherly portion of 20th Street, g. E., that an existing 'paper' allel abutting the south line of Lot 24. aforesaid,' might or might not, utter appropriate procedure, be vacated and closed. Emphasizing that the recommendation made herein reflects only the opinion o~ the eoderslgned god oat. necessarily, that Of the CouucfZ!s aforesaid committee, I can perceive.of no real reason whl the possibility of some later closing of the abovementioned alley would have anl material effect on the present sale of the abovementloned lot: and I mould uccordingl~ recoamend abut the Council consider at on eerll date the committee's aforesaid report at recommended sale, on thc merits at the report and unaffected b~ the unrelated ailel closing proposal. Respectfully, $/ J. ~. Eiecacon J. N, Klocaoon' In view of the request of the eight property oaners on Orange Avenue and to Council, The motion was seconded bI gr, Trout and unuqimously adopted. ZONING: Councll having referred to the CiaI Attorney fo~ stud~ and report communlaZton from Mr, A, L, Dillon, Jr., Real Es~3te Agent, representing Texaco, ncorpcrated, requesting a non-conforming permit to.operate a nuttier shop ut 1025 Cbmpbell Avenue, S. M,, the City Attorney submitted the folloulng report suggesting are initiated bl the prqpert! garter or other interested party: · ' :' ~' ~#erck 16,'1970 The Holorl~l~ i~yor.lad ~emb~ri~: ' ' ' or gOalokc. Clty Counoil- Roanoke, Virginia' ' ' - ' ''. ' ' Al the Coulo~l'mee~ing'held~Mi~k'9~'ig?0.'tk&:C6~icll~reter~ed to:' · me. to Idvisl oldctteraof'pr0cedlre, tke,reqieat.of#r. A. L. Dillon. Jr,. faf Jas~ia~e ut ~ermlt~to~oporute'i in,flOr ~epuJr Sh~pll~ leiaed pvelisec It No. 1025_Cumpbell Arelu~o S..W.~.belug:~propert~ aoled for RS-2 Diltrlcl lae~ The'bulldl~gll qaeitiol kuriug'been~colslrusted been occupied for lhlt'iud ~lher. c~mmerclll~eu ~elru prior to 1966. hal il faceit yucva bell unoccupied lid gllaed c~d no effort nppecrs to hove bell icdeb7 itc ouuerc OF othera rouen the privilege o[ 8 aaa-con/arming use fa the periods.allowed lent or the 1966 Zoning Regula.tiona. Subsequent to the Council meeting of March 9th, I have been Idvised that the applicant before the Council has engaged or has made arrange- of the avenues which nay hake.been suggested ut the Council meeting as · proper uny to resolve the existing situation, Accordlngly~ I mould suggest that · · Council defer consideration of the latter until and unless further procedures be Initiated b! the property Respectfully, S! Jo N. ~incm~n J. N. Kinccnon~ Mr. Thomas moved that the report be re~ccived and filed. The motion waS" seconded by gr. Trout ~nd unanJm~sl~ adopted. BUD~ET-CITT AUDI'TOg: ~he Asoistcnt Clt'y Auditor submitted · written report of the City Auditor requesting that $1,578o00 be appropriated to his l~bg-70,bndget to enable h~ to employ au additional operator for the data processing equipment bis office, advising that there nra a number of liens which programming is almost complete and that he expects them to go on to the equipment prior to the end of this fiscal year, thereby requiring a two-shift operation which means an additional Mr. Lisk moved that Council concur in t he request of the City Auditor'u~d (~19091) AN ORDINANCE to amend and reordaiu Section ~10, "Auditor," of the 1969-?0 Appropriation' Ordinance, andprovidlng for an e~ergency. (For full text of Ordinance, see Ordinance Book No. 34~ pbgo 191.) Mr. Lick moved the adoption of the Ordinance. Theuotion was seconded by Hr. Wheeler.and adopted by the following v~te: ATES: Messrs. Lisk, Thomas, Trout, ~heeler and Mayor Webber ........... =5, Hr. Boswell ................ (Mr.' Perkiason absent) AUDITS-SCHOOLS: The Assistant City Auditor submttted*a ~ritteu report of the City Auditor on tbeexaminatiou of the records of the Crystal Spricg Elementary School for the cc~ool ~e~ ended June 30° 1969, static~ that it presents fairiy the finacciul condition of the fund at the end of the audit period. Mr. ~roqt mo;ed that the report be recei;ed and filed. ~be motion*was mgm AUDITS-SCHO~LS: Tie A~si'stant Cia! Auditor ambulated o eritt~n report of the Clt'~ Auditor on the examination Of the records of the Glrdeo cia! Elemontar~ School rot the school year ended Juno' 30, 1969. stating that it presents refrl~ the financial condition of the fond nt the end o! the audit period. seconded b! Mr.'Rhe~ier-ond unnoi~ousl~.adopte~. REPORTS OF COMMITTEES: BUDGET-STADIUM: The committee appointed to tabulate bids received msterproofing the mesa stands et Vlct~r~ Stadium. suboltted ~he iollouing report revised amount of $16,000.00~ be accepted~ March 16, 1970 Honorable Ms,or and Cia! Council Roemke, VitRiols Un March 2, 1970, bids mere received aid opened before City $2.966.00 les~ than the second los bid, that of Hodges Lumber 28, $15,000 mas budgeted for this mark. reduce th'~ cost of t~Js project. As this project requires from a performance standpoint and stlil provide the guaranteed A revJeu of projects listed under the Maintenance of City projects. Under Parks and Recreation, Account 75, the balance of SdbO exist in the project to repair the Villa Heights Center Eureka Park picnic shelter. In the Stadium account Should City Council desire to proceed s~th this it is recommended that Cooucil*s resolution accepting the bid of roof project, $330 from the Eureka Park shelter project and $210 j eot. S/ Byron E..Haner S/ Sam H. McGhee Sam H. McGhee Mr. Mheeler a,red that Council concur in the recoauesdotion of Ih, coaaft- (x19092) AN ~BD1NANCE providing for waterproofing the nest stands at ¥ictorl Stadium: accepting o certain bid aide to the Citl therefor: nnd providing for an emery,Ecl. (For full text of Ordinance, see Ordinnnce Book No. 34. page 191.) Mr. Mheeler Bayed the adoption of the Ordinance. The motion mas seconded bl My. Link and adopted bi the r,Il,wing vote: AYES: Messrs. Boswell. Link, Th,was, Trout. Wheeler nod Mayor Webber .......................................................... b. NAYS: None ...........................................O. (Wv. Perkfoson absent) In this connection, Mr. Thomas offered the following euergenc! Ordinance transferring $1,000.00 ~ilbJn the Maintenance of City Property account of the 1969-7 b~d2et to provide funds for the project: (m19093) AY ORDINANCE to amend and r,ordain Section n64. 'Maintenance of Cit~ Pr,p,rtl.~ of the 1969-70 Appropriation Ordinance. and providing for an (For full text of Ordinance. See Ordinance Book No. 34. page 192.) Mr. Thomas moved the~option of the Ordinance. The motion was seconded by Mr. Trout and adopted b~ the following vote: AYES: Messrs. Boswell, Link. Thomas. Trout, Nh,clef and Mayor Nebber ...................................................... 6. NA~S: None .......................................O. (~r. PerkJnaon absent) U~FINISREO BUSINESS: CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AN, CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 19079. vacating, discontinuing and el,sin9 a portion of 20th Street. N. E.. lying between the south side Of Orange A~euue and an alley parallel to and between Orange Avenue and Purcell Avenue, N. E.. having previously .been before Council for its first reading, read and laid over, vas again before the body. Mr.' Wheeler offering the f,Il,sing for its second reading and final adoption: .(=190~9) AN ORDINANCE vacating, discontinuing and closing a portion of 20th Street, N. E.. lying between the South side of Orange Avenue and Purcell Avenue N. E.° andextending from Orange Avenue. N. E., in a Southerly direction 120 feet~ more or less, to the North side of*a ten (10) foot alley located in Blocks 19 and 20 Jackson Park. said portion of street lying between lots designated as official Tax Nos. 3330101 and 3221537. (Fog full text of, Ordinsnce, see 0rd~nance Book No. 34, page 186.) Mr. iheeler moved the~option or the Ordinance. The lotion was seconded 'by Mr. Llsk end adopted bt the follouiug rote: AYES: Messrs, Boswell. Link. Thomas. Trout. Wheeler nod Mayor ; NAYS: None ................O. (Mr. Perkinson absent) MOTIONS AND MISCELLANEOUS BUSINESS: ZONING: Nv. Molter E, Fuller. 1936 Grnndln Bond, S. N.. appeared before Council nnd requested that no basketball net be persisted ulthiu 30 fe^t or the property Line of residential property. ,- Mr. Trout moved that the smiter be referred to t he City Planning Comlissio tar study, report nnd recommendation to Council.. The motion was seconded by Mr. Nheeler and unanimously adopted. SCHOOLS-ACTS OF ACKNOWLEOGEKENT: Nv. Link called to the attention of Council that the Jefferson Nigh School Basketball Team has moa the State Gro~p I-A Basketball Championship mod moved that the City Attorney be directed to prepare the proper measure expressing congrntulations to the uembers of the Jefferson High School Basketball Team and to its coach. Mr. gfchard ~. Kepley upon their acbferemeul The motion mas seconded by Mr. Thomas and unanimously adopted. AIR POLLUTION CONTROL: The City Clerk reported that Messrs. John S. Leaf, Jr.. and Ruskin P. Arnold have qualified as members of the Advisory and Appeal Board Air Pollution Control for terms of four years each endin9 December 31, 1973. Mr. Lisk moved that the report be received nn~ filed. The motion mas seconded by Mr. Thomas and unanimously adopted. CITIZENS ADVISORy COMMITTEE: The City Clerk reported that Mrs. Lottie M. Neely, Mr. Gear0e E. Riddick and Mr. John T. Sayers have qualified ns sembees of t~ Citizens Advisory Committee to fill the unexpired terms of Dr. J. B. Claytor. Jr** Mr. John W. Hancock and MFS. H. F. Carmack, resigned, endin9 April 14. 1970. Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Nheeler and unanimously adopted. There being no further business, Mayor Webber declared the meeting adjourn, A P P E 0 ¥ E' D , '1 COUNCIL, REGHLAR R'oaday, #arch 23e 1970o The Coaoail of the City o! Roanoke met io regular weetiog ia the Couocll sober ia the ~oolcipal Bolldiag, #ondoy, #arch 23,. 1970, at 2 p.mo, the regalar meet,ag hoart mitb Mayor lubber pres,dingo PRESENT: Councilmen John R. Bosmelle David K, Lisk, Frank N. Perkinson, Jr,e Bump, on l. Thomas, James O. Trout. Vincen~ S. Mheeler and Hayor Roy L. Mebber ..... ~ ....................... ABSEI~F: Hone ............ 0,. OFFICERS PRESEt: Hr. Julian Fo Hlrst. City Ranagert Hr. Byron E, Boner, Assistant City Manager, Hr. James N. Kinoanon. City Attorney, and Hr. J. Robert Thomas, City Auditor. INVOCATIOn: The meotiag Kris opened with a prayer b~ the Reverend Robert Doggst Pastor, Connelly Humor,al Baptist Church. RINBTES: Copy of th~ minutes o.~ the regular meeting held on Honday, February 23, 1970, bari.oR been furnished each member of. Council, on motion of Mr. Perkins.one seco.nded by Rt. Trout and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. · CITY COVERNNENT: gr. Thomas introduced to the me~bers of Council the Reverend Hankyu Park #ho is a r~sJdent of the'..City of Non,ut Republic of. Mr. Thomas advising that Reverend Park. is majoring in the subject of sociology reli~icn at'~he 6arrett Theological Institute which Is a part of ~orthwesterfl Ual- varsity and that Reverend Park will rennin Jo this coumtry until ~une~ 1971, at whic~ ~time he will return ~o ~onJu. ~ayor Hobber extended a cord,hi welcome t~ R~ve~end Park on behalf of the citizens of the City ~f Roanoke and the numbers of Council. ~ARI~6 OF CITIZENS UPO~ PUBLIC SEWERS AND S~OBN DRAINS: Pursuant to notice of advertisement for bids on the construction of a storm drain on ~tnston Avenue, S. ~., southwesterly'from Brandon Avenue to 22nd Streett S. M.t said proposals to be received b~ the City Clerk until 2 P*~*t Hondayt ~arch 23t 1970t and to be opened at that hour before Councile Mayor Hobber asked if anyone had any questions abou~ the advertisement, and representative pre~ent raising an~ question~ the Mayor instructed the City Clerk to p ee with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Bidder Prooosal I Proposal II Hudgins and Pace - $11,904,60 Incorporated . - 12,~75.10 13,7~1.10 Draper Construction Company - 12,499.60 14,38~,24 SOuthwest Constructiont Incorporated - 17e764.RO Hr. Perklns~n moved that the bids be referred to a commttte~ to be appointe by the Hayor for tabulation, report and recommendation to Counclle the City Attorney to prepare the'prOper weusure, or measures, in accordance with the recommendation o! the committee. The motion was seconded by Mr. Llsk and unanimously adopted. Mayor #ebber ~ppointed Messrs. Byron E. Hamer, Chairman and Samuel B. icGhee, Iii0 as members of the committee. WATER DEpART#~NT: Furnuaat to aD, iCe cf advertisement for bids on the construction of the Boxier BliSs Pumping Station, said proposals to be received by the City Clerk until 2 p.w., Mondaye March 23, 1970, and to be opened at that hour before Council, Mayor Webber asked if anyone had any questiaus about the adeertfseme and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening cf the bids; whereupon, the City Clerk opened and read the follomlng bids, Brock ~ Davis Company, Incorporated $146,566.00 Matts and Breakell, Incorporated , - 149,700,00 J. Mo Turner and Company, Incorporated ~ 161,200,00 Acorn Construction Company, Ltd. - 168~000,00 Frye Building Company ~ 193~000o00 Mr. Perklnson moved that the bids be referred to a committee to be appoint 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 mc,ion was seconded ~y Mr~ Lisk and unanimously adopted. Mayor Webber appointed Messrs. Byron E. Hamer, Chairman, Thomas W. Dunn and Samuel H. McGhee, III, as members of the committee. ZONING:. Council having set a public hearing for 2 p.m., Monday, March 23, 1970, on the request of Fra]ln and Waldron, Incorporated, that approximately 3.85 acres of ,land located on Mom,rose Avenue, S. E., between 13th Street and 14th Street described as Lots I - 3t inclusive, Block '2,-Turner Barkley Bap, and Lot 14, Block W. P. Waid Map, Official Tax Nos.. 4220701, 4220704 - 4220700,- inclusive, 1220711, 4220737 - 4220744, inclusive, 4220313 - 3220315,- inclusive, be rezoned from RD, Duplex Residential District, to RG-2, General Residential District, the matter was before the body. in this connection, the City Planning Commission submitted the following report recommending that the request for rezo. ning be granted: "February 19, 1970 The Honorable Roy L. Webber, Mayor and Members of City Coincil Roanoke, Virginia The abore cite~ request was considered by the Planning Comml'fslon at its regular meeting of February lB, 1970. Br. Heywood Fralie, Attorney, presented this request on behalf of the petitioner, and stated that it was their intention to construct on these parcels 105 dmelling units of low-rent housing for elderly occupancy. Supporting this petition mere three (3) elderly residents Of S, E., (Mr.. Akers, Mr. Merkel, and Mr. Dudley); each noted the need for this specific type of housing in the South East. Upon due consideration of this request the Planning Commission was of the opinion that a reno~iog or this ~roperty mould be In the bent fat*reft of the City. ~cnerdingly, motion mis made, d~ly fecoaded and unanimously approved recommending to City Council that this request be g~anted.. · Sincerely, S/ Lo,hat Mermelstein John H. Parrot, Chairman" Mr. W.- Heywood Fralin,' Attorney, repr~senting'~h~ petitioner appeared be- fore Council ia support of the request of his client. Rv. Wheeler moved that rCouncil concur in the reqaest fov rezonlcg and that the following Ordinance be 'placed upon its first reading: (u19094) AN OROINANC£ to amend Title XY, Cha~ter 4.1, Section 2 of The Code of the City o~ Roauohe, 1996, as ame~ded, and Sheet No. 422, Sectional 196~ Zom ~ap, City of R~onokle, In relation to Zoning. WHER~S, 'application has been made to the Council of the City of Roanoke to have: BEUINNI~G at the northeasterly corner of the ~ntersection of 13th Street~ S, E., with Montrose Avenue, S. E.; thence with the easterly side of 13th Street, S. E. 356 fe~, more or less, to a point, being corner to the .property owned by Flora Musse~white; thence leaving 13th Street, S. E., in a northeasterly direction, and with the line of Flora Musselwhite, sal~ lice b~lng through Lot 3, Block 2, according to the ~urner Markley Map, 264.6 feet, more or less; thence in a southerly direction with the rear lines of .lots 3~ 2t aqd 10 Block 2, Turner Ma~kley Map, 137.8 feet, more or les~, to a point; thence in an easterly direction with the line of Lot 14, ~loch 1, accordi~ ~o the R. P, NaSd Map, of record in Deed Bobh 784, page 1~3, in the Clerk*$ Office of the Hustings Court for ~he City of Roanoke, Yaot 172.99 feet, mor~ or less, to the westerly side of 13th Street, 5. E.; thence with the westerly side of 13th Street, S. E., 359.15 feet, more ~ l~ss,' to the intersection of the westerly side of 14th Street, S. £., with the northerly side of Mos,rose Avenue, S. E.; thenc~ with th~ northerly 'side of Mos,rose Avenuet S. E** 470.85 feet, more or less, to the place of flEUINNING, and beiag Official NOS. 4220313,' 4220314,* 4220315, 4220T11,' 4220~37, ' 4220799, 4220739, 4220740, 4220741, 4220742, 4220743, 4220744, 42207091 4220707~ 4220706, 4220705,' 4220701, 4220704.' ' rezoned from RD, Duplex Residential District, t'o 26-2, ~eneral Residential District; land NHEREAS, the City Planning Commission has rec~m=ended that the hereinafter described land be fez,ned from RD, Duplex Residential District, to RG-2t General Residential DistriCt; and MI~REAS, the written notice and the ~osted sign required to be published and posted, respectively, by Section ?1, Chapter 4.1, Title XV, of' The Code Of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and posted as required an~ for. the time provided by said section; and MHER£AS, the hearing as provided for l~ said qoti~e sas held on the 23rd day of March, IgTO, at 2 pom** before the Council of. the City of Roanoke, at which hearing all.parties la interest and citizens mere given an opportunity to be heard, both for and against the proposed rezoni~g; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. .... THEREFORE, BE l~ ORDAINR.B by ~he ~ouncil of the City of Roanoke that Title XV, Chapter 4,1, Sen,Ion 2, of The Code of the Ctty of Roanoke, lg$§, os amended, relating to Zoning,~and Sheet Ko. 422 of the Sectional 1966 Zone Rapt City of Roanoke, .be amended.in the foil,wing partiuular and no other, viz.: Property located on Non,rose Avenue, ~, E,, between 13th Street. S. E., 'and 14th'Street, S. E. A~d described os follows: *' BEGI~ING~at the nort~es(erly ~or~r of ~he~fnters~i~n ~f 13th Street, S, E., with Rontrose Avenue, S. K.; thence with the easterly side of 13th Street, So E. 350 feet, mote or less, to a point, being corner to t~e property owned by Flora #usselwhite; thence leaving 13th Street, S. 'B.o in ~ northeasterly direction, a~d with the line of Flora ausselwhite, said line being through Lot 3, Block 2, according to the Turner Rarkley Rap, 2B4.~ feet, more or less; thence in a southerly direction with the rear lines of Lots 30 2, and 1, Block Z, Turner #nrkley Rape 137.6 feet, more or Jess, to n point; thence in an easterly direction with the line of Lot 14, Block 1, according to the #. P, ~ald Rap, of record in Deed Book 784, page 1~3. in the Clerktn Office of'the Bustings Court for the City of Roanoke. Va., 172.99 feet, more or less, to the westerly .side of 13th Street. S. E.; thence with the westerly side of 13th Street, S. E.. 359.15 feet, more or less, to the intersection of the westerly side of 14th Street, $, E.t with the northerly side of Montros~ Avenue, S. thence with the northerly side of Rontrose Avenue, S. E., 470.85 feet, more or less, to t~e place of BEGINNING, and designated on Sheet 422 ,of the sectional J9~6 Zone Map, City of Roanoke, as Officia! Tax Nos (s). 4220313, 4220314, 3220315, 4220T1~. 42207~1, 4220737, 4220738, 4220739, 4220740, 4220741. 4220742. 4220743, 4220744, 4220708, 4220707. 4220706. 4220705. 4220701, 4220704, be, and is hereby, changed from RD, Duplex Residential District, to RC,-2, General Residential District, and that Sheet No. 422 of the aforesaid map be changed in this respect. The motion w~s seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Lisk, PerkinsSn, Thomas, Trout,' Wheeler and Mayor Webber ...................................... NAYS: Mr; Boswell--~ .............. Mr. Thomas then offered the following Resolution approving a Development Program - Comprehensive Plan date~ January 26, 1970, and authorizing and approving lOS.additional units of low-rent housing ~or elderly occupangy for Project No. Va. 11-6 proposed t'o be erected by the Cityof R~anoke Redevelopment and t~onsing Authority: (~19095) A B~SOLUTIO~ approving a Development Program and Comprehensive Plan dated January 26, 1970, and authorizing and a~pro~ing 105 additional units of low'rent housing for Project No. VA. ll-B proposed to be erected by the City of Roanoke Redevelopment and Dousing Authority. (For full text, see Resolutlon Book No. 34, page 193.) Mr. Thomas moved the adoption of the Resolution. The motion mas seconded by Mr. Link and adopted by the foil,wing vote: AYES: Messrs. Link, Perkins, n, Thomas, 'Trout, Rheeler and Mayor Webber ....................................... NAYS: Mr. Boswell ................. Math reference to the matter, Mr. C. R. #erkel, 1832 Vance'Street, S. appeared before'the body end expressed appreciation to Council on behalf of the- elderly clt'lzeas of the cit~ for permission to erect said low-rent housing. ZONING:' Council having set a public hearing for 2 p.m.t Monday, March 23, 1970, on the request of Mrs. Ann Do Mhitesell and Resets. James E. Body and Roger Mlaborae, Jr** that property located on the south side al Moods Avenue, meat of Franhliu Road, S. M., described ss Lot 4, Hlock 14, official Tax No. 1030go4t Map of Exchange Duildiag and Investment Company, be rezoned from RH-2, General Residential District, to C-I, Hffice and Institutional District, the matter wan before the body. In this co,nec,lan, the City Planning Commission submitted the following report recommending that the request for reaoning be denied: "February 19, 1970 -The Honorable Roy L, Rubber, Mayor and Members of City Council Roanoke, ¥1rgicia The above cited request was considered by the Planning Commission at its 'r~gular meeting of February 16, 1970. Mr. John H. ~oungt Attorney, presented this reqaest on behalf of the petitioners, Mr. Young in his presentation stated that it was their intention to develop thelfirst floor of this existing residential structure as a doctor*s office. After due consideration of this request and in light of the inadequate parking facilities provided on this parcel of land the Planning Commission was of the opinion that this rezoning would be detrimental to the adjoining property owners and the general character of Highland Park. Accordingly, motion was made, duly seconded and approved by a voice vote of 4 to 2 to recommend to City Council that this request be denied. Sincerely, $! Lothar Mermelstetn John H. Parrott Chairman" Mr. John H. Young, Attorney, representing the petitioners, appeared be- fore Council in support of the request of his clients, Hr. Young advising that the main reason the City Planning Commission denied the request for rezofling is the parking problem ia the area, Mr. Young, stating that there is a parking problem at ntght but that his client would not he doin9 business during the evening hours. Dr. Roger M. Winborne, Jr** appeared before the body and advised that it is his intention to construct an off-street parking area in the backyard of the property and presented a petition signed by thirteen residents in the area recommet Jag that the request for rezoning be granted. Mr. Lother Mermelstein, Planning Director, appeared before Council and advised that thb reasons the City Planning Commission denied the request for rezonl~ is the rezouing is not in keeping mith the general character of the neighborhood an( that the request definitely presents a parking problem. After i discussion of the Better, Hr. Thomas moved that the follouing Ordi* nonce be pieced upon its first reading: (n19096) AN ORDINANCE to amend Title IV, Chapter 4.1o Section 2. or Thc Code of the Cit~ of aocnoke, 1956, es emended, and Sheet No. 103, Sectional 1966 Rap, City of Roanoke, in relation to Zoning. RflEREAS, application has been made to the Council of the City of Roanoke have the propert! khans au 374 Woods Avenue, S. N.. Roanoke. Virginia. described ss Lot 4. Section 14. according to the Rep of Exchange Building smd Investment Company and designated an Official Tax No. 1030904, rezoced frae RG-2, General Resident District, to C-l, Office end Institutional District; nnd RBEREAS, the City Planning Commission has recommended that the hereinafter described land not be rezoned from RG-2. General Residential District, to C-i, Offic* end Institutional District; and WHEREAS, the mritten notice and the posted sign required to be published end posted, respectively, by Section ?1, Chapter 4.1, Title IV, of The Code of the City of Roanoke, 1956, us amended, relating to Zoning, have been published and paste* as required and for the time provided by said section; end RBEREAS. the hearing as provided for in said notice was held on the 23rd day of March, 1970, at 2 p,m., before the Council of the City of Roanoke, at mhich hearing nil parties in interest and citizens mere given an opportunity to be beard, both for and against the proposed rezoning: and RHEREAS. this Council, after considerin9 the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title IV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 19§6, es amended, relotiup to Zoning,'and Sheet No. 103 of the Sectional 1965 Zone Map, City of Roanokt be amended in the following particular and no other, viz.: Property located at 374 Woods Avenue, S. W., Roanoke. Virginia, described as Lot d, Section 14, according to the Map of Exchange Building and Infest=eat Com- pany and desionnted on Sheet 103 of the Sectional 1966 Zone Map, City of Roanoke, as OfficiaI Tax No. 1030904, be, and is-hereby, changed from RG-2, General Residential District, to C-l, Office end Institutional District, and that Sheet ~o. 103 of the aforesaid map be changed in this respect. The motion was Seconded by Mr. Trout and adopted by the follo~ing vote: AYES: Messrs. List, Perkinson, Thomas, Trout, Wheeler and Mayor Webber ......................................... 6. NAYS: Mr. Boswell ...................1. STREETS AND ALLEYS: Council having continued a public hearing on the request of Dicherson OMC, Incorporated, and Dickersoc Leasing Corporation. that n portion of Moorman Avenue, N. W., from 22nd Street to Salem Turnpike. N. W.. be va- cated, discontinued and closed, pending a study of the matter by the City Attorney and the City Manager, the matter nas again before the body. Hr. James ¥. Ffippfc, Attorney, representing the petitioners ·ppe·red before Council in s·pport of the reqdest of his clients. Ia this connection, the Cia7 Manager submitted the folloniag report advis- ing th·t considerntloa ia being given tonnrd requesting the Virginia Deportment of Highu·ys to consider cb·noes to the street· in this area uhich mould result in the eventual closing of Hoorman Avenue from the npproxlm·te lntersecL~uo~of 22ad Street nestuard ·nd mould further result ~n cul-de-sacking Salem Turnpike at a point e·st of 24th Street: 'Roanoke. ¥1~ginla M·rch 23, 19TO Honorable Mcyor end City Council Ro·noke. ¥irgi·lc Gentlemen: At the regular meeting of Cit! Council on Maud·y, Hatch 9, 1970, · public hearing mas held mith regards to the request of Dlckerson GHC, Incorpor·ted, and Oicterson Leasing Corporation th·t a portion of Hoorman Avenub, N. W.. from 22nd Street to Salem Turnpike he vacated, discontinued and closed. City Council referred this matter to the City Attorney and the City Manager for their revieu and recommendation and continued the public hearing uutil Monday. Uarch 23° 1970. at 2 In discussions held betneen representatives of the City Planning, Engineering, Cit~ Attorney and Cia! Management office, the findings oi the viemeFs were reviemed and con- siderable time nas spent reviening the m·Jor ~h~roughfare plan as It relates to this location. The latest major arterial highn·~ plan as approved by CiW Council envisions a revision of the streams in this area so as to eliminate the ~ive-wa! intersection at ~he corner of Salem Turnpike and 24th Street, N. a. This would he accomplished by the construction of a cut-off between Salem Turnpike Extension across the properS! presentl~ owned bl Oickersnn CHC, Incorpovatedo and connecting with Loudon Avenue. This would result in a cul-de-sac at the end of Salem Turnpike Extension in front of Oickerson CRC and in the termination of Hoorman Avenue at approximately 2~nd Street. Predicated on this plan and the safety improvements which would result from this proposed change, consideration is being given to requesting the State ~tghwal Department to consider changes to this and adjacent sections of 24th Street (as it pertains to the area of Shaffers Crossing) with the thought toward attempting to accomplish these modifications as a TOPICS project. Should Ctt~ Council concur in this approach, it would be recommended that CitI Council by resolution inform GMC Dickerson of their intent to pursue this solution to the problem. S~ Julian F. Hirst ZONIgG: Council having met · public~hearing, for 2 p,m~, Mondayt March 23 1970, os the request or'Mr, Edmund T. MorriS, Executive Manager, Industrial Development nnd~Inveatmeat'Conpany, that aFproximately 3.0 acres or land located on the southeast corner of the Eoanohe Industrial Cent*Fl described as a part of official ~ax No~ 41TOlOl, be rezoaed from HM, Heavy Manufacturing. District, to C-2t General Commercial District, to provide for day-care facilities, the matter was before the body, fn this connection, the City Planning Commission submitted the follomlng report reconmeadingtbat instead of rezonlng the property that Section (2, IBM, Industrial DeveloPment District, Section 13, LM, Light Manufacturing District, and Section 14,,HM~ Heavy Manufacturing District, of the Zoning Ordinance, he amended to include day-cave cotters: "February 19, 1970 . The Honorable Roy L. Webber, Mayor and Members or City Cnuncil Roanohet Virginia Gentlemen: At its regular meeting of February 16, 1970 the Planning Commission considered the above cited request. Mr. Richardson, representing the Industrial Development and Investment Company, presented this petition to the Planning Commission. Mr. Richardson in his presentation stated that it wac the petition*rrm intent to utilize a portion of this parcel as the site for a day- care center for mothers morking at the industrial center, Mr. Richardson noted that he met with a representative of the Planning Department and it wan mutually agreed that a better churn* of action in this situation woold he to first amend Section 14 of the Zoning Ordinance entitled, HM-De~¥¥ Manofacturinq District. Special Exceotions After Public Notice and Hearing by the Hoard of Z~nino Appeals, with adequate controls specified to include day-care centers. The petitioner could then file for a special exception with the Hoard of Zoning Zppeals. Ih* Planning Commission after doe consideration of this matter was of the opinion that this alternate course of action was in the general public interest. In addition, the Commission noted that a day-care center constituted a compatibl~ os* in the remaining indus- trial districts noted in the Zoning Ordinance: Sec, 12, IBM - Industrial Der*loom*ut Dlstrict~ and Sect 13u LM - Liqht Mannfacturfno Accordingly, motion was made, duly seconded and unanimously approved recommending to City Council that sect Imm of the~Zocing Ordinance pertaining to Special £xceptions tn the Industrial Districts be nm*al*d, with adequate controls specified as shown herewith to include day*care centers: Sec. 12, XDM - Industrial Development District, Sec. 13, LM - Light Manufacturing District and Sec. 14, HM - Heavy Manufacturing District. Sla~erely, S/ Lothar Mermelsteia John R, Parrott With further reference t o the mal~er, Council harlng deterred action on the question of amending Section 13, Special Exceptions After Public Notice and Hearer by the Hoard 5f Zoning Appeals, of the Zoning Ordinance, relating to drive-i eating and drinking establishments in LM, Light Manufacturing Districts, located within 250 feet of any RS, EG or Col District, so aa to include the RD, Duplex Residential District, the matter was again before the, body. .In thiu.po~nectiouo the City Flaunfng CommUnal*e, submitted the following report recommending, that the. Zoning Ordinance be amended, accordingly: 'February 5, 1970 The Honorable Roy L~ Webber,.Huycr and Hembera of City Couaci:* · Roanoke, Virginia The above cited request wan considered by the Plunal~g Commission at its regular meeting of February 4t 1970, at mhlch time.Ur. Donald Go',Siak~appeared befor~ tb~ Commission and requested that~ea apparent error in tho text of-the Zoning .OrdinanCe be.co~re~ted, This.apparent error being contained in Sec, 13 ~H -Linht #nnnfaoturlno District under the heading, Special Exceptlgus After Public'Notice and Ilea,faa by the Board 9f Zoninn Au*eels. This clause now reading;MD,ire-in eating and,drinking establishments ~ocated within 250 feet of auy, RS,. RG or C-I District~ and his request I~tng that this request be changed by the inclusion of the RD district to read W~rJve-in eating and drinking establishments located ulthfn 250 feet of any RS, ROt nH, ur C-1 District#. it mas explained to the Co.mission that Drive-In eating and drinking establishments are permitted by right within the LH District except where they are mlthln 2SO feet of the enumerated districts in which ease a special exception is re- qulred. ~n the case of the RD OJstrlctt however, due. to Its exclusion from this clause the question has arisen as to whether the RD OJstr~ct was explicitly deleted to pr*bible any such facilities within 250 feet of an RD District. The Planning Comnlsslon after due consideration of this ' request was of the opinion that either due to an oversight or an error In transcribing the text of the Zoning Ordinance · this clause did not ln~ ude the RD District. AccordJnglyt motion was made~ duly seconded and unanimously approred ran*amending to City Council that the clause of Sec. 13. of the Zoning Ordinance entitled Soectal Exceptions After Public N~tice and HearJnq by th~ Bo~rd of Zonlnu Aaa*als be amended and reordained to read, "Drive-la eating and drinking establishments located within 250 feet of any. RS, RD, RO or C-I District." Sincerely~ S! Lather Rermelstein John H; Par,att Alter a'dis~ussion,of the matt*re gr. Perkinson moved that Council concur in the recommendations of the City Planning Commission-and that ~he following Ordinance amending Section 12, IDR, IndUstrial Development Dl~lrlct,.Sectlon 13, Light Manufacturing District, and Section 14, HM, Henry Hanufacturlng District, of Zoning Ordinance, to include t~e operation of drive-in eating and drinking establish- ments and day-care facilities, be placed upon its first reading: ' (nlgOg?) AN ~RDINANCK amending and ,*ordaining certain subsections of Sec. IT. I~ - Industrial Oe~elopnent District, Sec. 13. LM - Light Manufacturing District, and Sec. 14. HR [ Heavy Hanufacturing District, of Article I¥, District Regulations, Chapter 4.1, of Title X¥, relating to Zoning, of the Code of the City of Roanoke,.1956, as amended, which subsections.provide certain district zoning regulations and authorize certain special exceptions after public notice and hearing by the 'Hoard of ZoflI ng Appeals with respect to the use of properties located in IDR Industrial Development Districts, LM ~ Light Manufacturing Districts, and in BM - Heavy Manufacturing Districts. ti mm~mmm HI~REAS, the City Planning Commission on its own motion directed to the City Council, nad after due. consl~v~tion of ~h~ proposal, recommended to the Conn, an amendment of the district zoning regulations hereinafter set out. and provided; an( WHEREAS, pursuant to the provisions of Sec. 70 and Sec. 71, Chapter of Title X¥ cf the CEde of the City of Roan*he, 1956, as amended, sad after due sablicatioa ~f' written so'Ice in a nemspaper h~vlng general c~rculation in the City more th~n fifteen days prior to the holding of a public hearing on the qoestion, ' a public hearing was held before the Council oa the 23rd day of March, i9700 accordance with said notice, on the recommendations of the Planning Commission as aforesaid, at which public hearing all persons in interest an~ citizens were afforded an opportunity to be:~eard on the question; and WI~REAS, upon the Council's due consideration of the recommendations of said Planning Commission, the Council is of opinion that the subsections of Sec. 12. IBM - Industrial Development District, Sec. 13. LM - Light Manufacturing District, ar Sec. 14, HM - Heavy Manufac~urin9 District, of ~rti~le IV, District Regulations, Chapter 4.1, Of Title XV, relaxin9 to Zoningt of the Code Of the City of'Roanoke, 195~, as amended, ~hich subsections/math,rime certain special except~ons after pubiS( notice and h~aring by the Board, of Zoning Appeals with respect to the use of pr*patti located in IDM~ Industrial Development District, LM ~ Light Manufacturing Dlstricts~ and in HM - Heavy Manufactur.ing Districts, ~espectively, should be amended as recommended by said Plan~ing Commission and as hereinafter provided. THEREFORE, BE fT ORDainED by the Council of the City of Roanoke that the subsection of Sec. 12. IBM - Industri&l Development~Dlstrict, of Article IV, Districl Regulations, Chapter 4.1, of Title XV,'relating to ~aning, of the Co~e of the City of Roanoke, la5&, as amended, setting vat afld'proyiding the special exceptions authorized to be permitted by the Board of Zoning Appea~s in IDM- I~dustrial Development Dlstrict~, o~ application and after public notice and hearing, be, and said subsec}ion is herebI amended and reo~hine~ to authorize }he following enumerate. special, exceptions,, said ~ubsectinn to read and provide as foal*ms: Snecial exceetions after public notice iud he~rin~ by the board of zonin~ aooeals: - Eating and drinking establishments, except drive-ins, cafeterias, designed to serve the employees of the industrial development · district, located not closer than 250 feet to any RS, RG, RD or C-1 district.· 2. Private day nurseries and kindergartens, provided: a. Such use is intended primarily for usage by employees of industries located within 2,000 feet of the area. b. Lot area shall not be less than 16,000 square feet; lot width at portion fOr fenced play area not less than 90 feet. c, A fenced play areaof not less than 4~O00'square fee~ shall he provided f~r 20 children or less, mith 200 square feet additional for each additional chlld~ No portion of the fenced play area shall be closer than 20 feet to any residential lot line, nor closer than 50 feet to any public street. d,Ail outdoor play activities shall be limited to, cuoducted within the feuced ploy ares, e, Facilities. operation and maintenance shall meet requirements of the City Health Department. RE IT FURTHER ORDAINED that the subsection of Sec. 13, LM - Light Manufacturing Dlstr~ct, of Article I¥~ District Regulations, Chapter 4.10 of Title IV, relating to Zoning, of the Code of the City of Roanoke, 1956, as amended, se*tin! cut and providing the special exceptions authorixed to be permitted by the Board of Zoning Appeals in LU - Light Manufacturing Districts, on application and after publl* notice and hearing, bet and said subsection is hereby amended and reordained to authorixe the following enueerated special exceptions, said subsection to read and provide as follows: Special exceotions after cublic notice and hearinq by the board of 1. Drive-in eating and drinking establishments located mithin 250 feet of any DSt RG, RD or C-I district. c.A fenced play area of riot less than 4,000 square feet shall be provided for 20 children or less, with 200 . square feet additional for each additional child. No 50 feet to any public street. d. All outdoor play activities shall be limited to hours notice and hearing, he. and said subsection is hereby amended and reordained to 2toyOda as follows: . . · Scecial exceotions after public notice ~nd bearino by the board of zoning an~als: "' 1, Drive-in eating and drinhing establishments subject to. special provisions and safeguards required by the board. 2. Wrecking yards, junk yards used in whole or in part for scrap or saXvage operations or for processing, storage, display or sales, of any scrap, salvaget or second-hand building materials, junk automobiles or second-hand automobile parts, subject to the requirements of section 29 of this chapter~ vote: 3. Private day nurseries end kindergartens, provided: u. Such use is ,intended prJmnril~ for usage by employees of indostrles located within 2,000 feet of the urea. b. Lot area shell not be less than 160000 square feet; 1o~ midth at portion for fenced play area not less than 90 feet. c. A fenced play area of not less than dtOOO square Yeet shall be provided for20 children or less, with 200 square feet additional for each addiffooal child. No portion of the fenced-play area shall be closer than 20 feet to any residential lot line, nor closer than SO feet to any public street. d. All outdoor play activities shall be limited to hours between 6 a.m. and 0 p.m., and shall be conducted within the fenced play e. Facilities, operation and maintenance shall meet requirements of the City Health D~partment. The motion was seconded ~y Mr. Hheeler and odopted by the following AYES: Messrs. B~swell, Lisk, P~rkieson,' Thomas, ~rout, ~heeler and Mayor #ebber ....................... NAYS: None .............. CITY MARKET: Mrs. T~elna C. Perkinson, C~airman, BeautificatiOn Committe of Domntoun Roanoke0 Incorporated, appeared before Council and requested that a produce pick-up station be established on the walkway fronting on Campbell Avenue, S. E., and on the east side of First Street at the City Market, that this station 'be covered with a canvas canopy and that one man be employed from May 1 to November to man the pick-up ~tation on Tuesday, Friday and S~urday from 10 a.m., to 5 p.m, After a discussion of the q~stion, Mr. Lisk moved that th~ matter be referred to a committee composed of Messrs. ¥1nceet S. Nheeler, Chairman. David K, Lisk'and Julian F. Hirst for study, report and rem mmendation to Council in connec- tion with their review of all of the f~es, rental' rates and o~her charges at the City Marhet as a result of impro;ements ia the City ~arhet area. The motion was seconded by Mr. ~homas 'and unanimously adopted. PETITIONS AND COMMUNICATIONS: BUDGET-~IYy EMPLOYEES-PAY PLAN: A communication 'from Mr, R.' E. ~yers, Consultant, Public Service Employees local Union No. 1261, requestl~ Couocll to authorize Mayor Roy L. ~ebber to appoint two disinterested citizens to supervise an election by secret ballot, at th~ expense of Local Union No. 1261 and to be con- ducted prior or subsequent to regnlar working hours, in which the blue collar ployees will vote on the question of designating 'the Public Service EmploYees Local Union No. 1261 to act as their exclusive spokesman with the City of Roanoke on all matters pertaining to thei~ employment, was before the body, Mr, Perkinson moved that the matter be referred to the City 'Manager for study, r~port and recomaendation to Council. The notion was seconded by Hr. Link and unanimously adopte~. BDDGET-CITY EMPLOYEES-PAY PLAN; A communication from Mr. James L, Starke] President, and Mr. Robert M. Abets, Business Manager, Public Service Employees Local Inion No. 12~1 AFL-CIO, requestio~ that all of the blue collar workers of the City o Roanoke be granted a pay increase averaging approximately 11~, was Before Council. : Mr, Lisk moved that the matter ~ refrred to the City Manager for conslderal in connection with the pre~aratioo of the proposed budget for the f'lscai year 1970-? The motion was s~conded by Mr, Thomas and unanimously adopted. ZONING: A communic'ation f.rom Mr. Tom Stockton Fox, tendering his resig- nation as a member of the Board o[ Zoning Appeals effective March 31, 1970, was before Council. Mr. Rheeler moved that the resignation be accepted with regret. The motio Mas seconded by Mr, Ll'sk and unanimously adopted. BDDGET-CITY SERGEANT: Copy of a ~omnunicution from the State Compensation Board, addressed to Mt. Kermit E. Aliment City Sergeant, approving an allowance of $63.75 for the purchase ~f three 'lockers an~ an additional allowance of $103,00 to cover an increase in the cost of bond premiums, subject to the concurrence of the Council of the City of Roanoke, was before th~ body. It appearing that sufficient funds ~or the p~rchase of the three lockers having been included in the 1969-?0 budget and C~uncil having ~ppropriated $103.00 ~o Insurance in the 1959-?0 budget of the City Sergeant to cover the increase in the cost of the bond pr~miums, subject to the approval of the State Compensation Mr. Wheeler moved that the communication be received and filed. The motion ~as s~conded by 'Mr.' Trout and unar~ously adopted.' BUDGET-STATE COMPENSATXON BOARD: A ~ritten notice from the State Compen- s'ation Bo~rd, advisi'ng that the Compensation Board will meet on April 2, 1970, be- ginning at 9:30 a.m., in Richmond, Viroinia, fei the purpose of fixing the salary and expenses of the Attorney for the Com~onmealth, Commissioner of the Revenue, Sergeant and Treasurer for the fiscal year beginning July 1, 1970, and ending June 30, 1971, was before Council. Mr. Thomas moved that the notice be received and filed. The motion mas seconded by ~r. ~rout and unadmously adopted. ZONING: Council having referred to the City Planning Commission for study report and recommendation a communication from Mr. Walter E. ~uller, requesting that no basketball net be pe'rmitted within 30 feet of the property line e~ residential property, a communication from Mr. Fuller supplementing his original request by stipulating that the restriction shall apply where there is a sick or afflicted person living next to the property, was before the body. Mr. Trout mo~ed that the comaunic ~tion be referred to the City Planning Com~lssion for its information in connection ~lth its study of the mat'ter. The motion v~s seconded by Mr. Perkinsoa an~ unanimously adopted. ZOMIN6: .A petition of Mr. Jnmes~G~ Reed, Attorney. representing Hr. J. Storall~ et uxb. reqndstiag that property located on the south side of Blbb Street and the~sorth side of Midway Street between Ounhirh Avenae and Cnrrln Stxeet~ N. E., .described ns Lots 3, 4~ 5, 70 and 8, Official Tax Nos. 3331107 - 3331111, inclusive, #ap of Simmons Snbdirlsou, be rea~ed fro. R~. Duplex Sesidenliul District, to General Residential District, mas before ~ouncil. Mr. Thomas moved that the request for rezonlng be referred to the City Planning Commission for study, report and recommendation to Council.. The motion mas secondedby Mr. Trout and unanimously adopted. REPORTS OF OFFICERS: BUDGET-MUNICIPAL COURT: The City Manager submitted a written report recommending that $175,00 be appropriated to #aintenance of Machinery and Equipment in the 1969-70 budget of the Municipal Court to provide funds for the remainder of the fiscal year. Mr. Porkinson moved that Council concur in the recommendation of the City Manager and offerdd the folloilng emergency Ordinance: (z1909§} AN ORDINANCE to,amend and reordain Section e20, "Municipal Court of the 1969-70 Appropriation Ordinance, and,providing for an emergency. {Fo~ lull text of Ordnance, see Ordinance Book No. 34, page 194.) Mr. Perkinson'moved.tbe adoption of the Ordinance. The motion mas second by Mr. Link and adopted by the following vote: AYES: Messrs. Boswell, Link, Perklnsont Thomas, Trout, Mheeler and Mayor ~ebber .................... 7. NAYS~ None .......~---0. BUDGET-PARKS A~D ~LA¥GROUNDS-RECREATIO~ GEPARTMENT: The City Manager submitted a ~ritten report requesting that $330,00 be appropriated to Operating' Supplies and Materials i~ ~ · Ig69-TO budget of the Departnent of Parks and Recreation to provide funds for the purchase of trophies to be a~arded to cbampicn and runner-up basketball teams mbo participated in the Department of Parks and Recreation basketball program this season. Mr. Rheeler moved that Council concur in the request of the City Manager and offered the full'ming emergency Ordinance: (~19099) .AN ORDINANCE to anend and re~rdain Section uTS,'"Parks and Recreational Aceass" of tbq 1969-70 Appropriation Ordinance, and pcor~ lng for an e~ergency. (For ~ull text of Ordinaqce, see Ordinance Book No. 34, page 195.) Mr. ~heeler moved the adoption of the Ordinance. The mot~n Nas seconded by Mr. Trout and adopted by the following vote: A~ES: Messrs. Boswellt Link, Perkinson, Trout, Thomas, ~heeler and Mayor Mebber ....................... NAYS: None ...............On · , . ' ZONXHG--AIRPORT:' Couanil having adopted u Resolution requesting and urgin~ the Board 6f Supervisors of Roanoke County toreview its regulatory.land usepnttert established by toning regulations and to adopt coaprehensive and height zoning ,regulations applicable t6 land within the Jurisdiction,of,the county in the vicinity ,of Roanoke Municipal (Mo*drum) Alrportt the Glty Attorney,submitted the following report advising that on December 30, 1969t the Hoard of SuperVisors of Roanoke County adopted an Ordinance mhich in considered to.be proper end adequate comprehens and height zoning regulations in general regulation and restriction cf the zse of property lying within the County of Roanoke in the vicinity of the airport: ~#arch 230 1970 The Honorable Mayor and Members of Roanoke City Council Roanoke, ¥1rgJnln Gentlemen: You will recall that certain Grant Agreements heretofore entered Into between the City of Roan*he and the United States with reference to certain of the City*n former Runicipal Airport Projects contained the Clty*s agreement that the City would.adopt comprehensive and height zoning regulations applicable to areas of land in the City in tho vicinity of the Municipal Airport and, further, would propose and urge that similar regulations be adopted by the Board of Supervisors of Roanoke County, applicable to areas outside the Clty*s corporate limits but in the vicinity of said Airport, .The City Council heretofore and afte~ pro{lding by ordinance for such zoning regolatlons as are abovementloned, to apply to lands within the Glty*s corporate limits, made official · request in the form of Resolution No. 17774 that the Board of Supervisors of Roanoke County adopt comprhhensive and height zoning regulations applicable to land areas in the vicinity of said Airport under Connty Jurisdiction. , I am now pleased to inform the Council that the Board of Sup~- visors of Roanoke Connty, by ordinance adopted December 30,' 1969, as an amendment in.toro of zoning.regulations applicable to land under the Jurlsdictioq of said Countyt placed into effect what are considered to be proper and adequate compre- hensive and height zoning regulations in general regulation and restriction of the use of property lying within the County in the vicinity of the Roanoke Municipal Airport. The Federal Aviation Administration has been ~mally advised of the actions now taken by the City Council and by the Board of Supervisors of Roanoke Comely in furtherance of the City*$ commlttments undertaken to said Agency contained in the afore- said Grant Agreements. I feel that it would be proper and that the Council would wish to acknowledge to the Board of Supervisors of Roanoke County. the Clty*s recognition of said Board*s recent action, in accom- plishing the zoning proposals heretofore requested of said Board, For that purpose, I have prepared and transmit herewith a resolution by which such recognition would be shown, · Respectfully, S/ · - · J.N. Kincenoo" Mr, Perkinson moved that Council Concur in the requett of the City Attorne and offered the following Resolutioaacknowledgiig the action taken by the Board Of Superrlsors of Roanoke County: (=19100) A RESOLUTION acknowledging regulatory action taken by the Board of Supervisors of Roanoke County with respect .to zoning. (For full text of Resolution, see Resolution Rook So. 34, page 195.) Mr, Perkinson moved the adoption of the Resolutiont Th~ motion uno second~ by Ur, Lish and adopted by the roD*ming vote: AYES: Honors, flosuellt~Lisk, Perkins*n, Th*was, Trout, Jheeler and Mayor Webber .......................7, NAYS; ~ose ........... AIRPORT: Council having requested the City Auditor to prepare a state- weBS showing the income smd expenses of Roanoke Municlphl (Mo*drum) Airport for the fiscal years 1967-1gbg, Including both capital and current expenditures in the immediate future, the City Auditor s~nltted the following report: *March 23, 1970 Honorable.Council of the City of Roanoke, Virginia Gentlemen: Some weeks ago ut Mr. Boswell*s request I mas directed to furnish yon mith a statement showing the financial suits of operation of the Municipal Airport. The foil*wing table shows the results ~[ operations ~or all items charged directly to the airport, plus the costs of pensions and Insurance for airport employees: 1966 - 67 1967 - 68 1968 - 69 1969 - ,Estim; Revenue - Operating 424,337,24 5490548056 635,210.32 ?O0, OG DO Expense - operating (incl. pensions and insurance) 3i2.615.7~ 362.261.5~ 410.592.16 .SOOtOO ',00 Set operating income 111.521,53 167.287.02 216.618.16 200,QO ,,00 ,In addition to 'the*operating expensesshown above, the city expended~ I for capital improvements at the airport from general funds the amount shown in the following table: · / Capital expenditures 292,175.92 459,322.97 253,504.28 500, OO~.O0 Federal reimbursement 130,313,35 143,339,17 1~0.859.55 Ret city cost ' 161.862.57 315.983.00 142'644.73~300,000,00 Since the airport Is not ac;ousted for as a sepaTate entity, numerous items of expense for the airportare not included in the .two tables above. In-order tp arrive at a reasonably accurate total o~ operating expenses we have de'ermined all Items for the fiscal year 1968-69 which were performed by theDepartment of Public Works and tho Engineering Department and mhich could be readily and accurately identified as expenses of the airport, which amount to a total Of $50,967.49. This covers maintenance of the roadways, equipment, pavement markings, signs, flood Hghts, radio, a~d removal of refuse. There are other items of expense for sex~ces performed by other departments which arq not ~n readily,identifiable. Applying this total to the figures in the first table above would reduce the net operating income to $165,660.68. At the end Of the fiscalyear 1969-69 there remained anexpended a~propriations for capital improvements in the amount of $1,299,097,07 which are general fund allocations, except ~or the amount of $525,000.00 for which bonds have been authorized. If there is f~rther ~nforma~lon you require, I will be pleased ,to furnish it. .. . Respectfully submitted, S/ J, Robert Thomas City Auditor~ .#r, Llsk moved that the report be received and filed. The motion seconded by #r, Trout and unnnllonsly adopted. AUDITS: -The City Auditor submitted a financial report of the City or Roanoke for themnth of February, 1970, Nr, Trout moved that the report he received and filed. The motion mas seconded by Hr. Wheeler and ueanimoosly adopted, AUDIT$*SCDOOLS~ The City Auditor subsitted a Mritten report on the examination of the records of the Morningside Elementary School for the school year ended June 30, 1969, stating that it presents fairly the financial.condition of the fund at the end of the audit period. Mr. Trout moved that the'report be received and filed. The motion mas aeconded by Rt. Mheeler and unanimously adopted. STREETS AND ALLEYS: Council,having referred to the City Planning Commission for study, report and recommendation the request of Room ke Coca-Cola Bottlin9 Works, Incorporated, that an alley approximately ~$ feet wide and 100 feet long extending in a southerly direction from Center Avenue, N. which runs generally east and west between and parallel to Third and Fourth Streets N. W,, be vacated, discontinued and closedt the City Planning Commission submitted a written report recommending thot the request for rotating, discontinuing and closl the alley be granted. Mr.,Trout moved that a public.hearing on the requ~ t for vacating, dis- continuing and cio?lng the alley be held ot 2 p~m** Monday, April 20, 1970. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study r~port and recommendation the request o~ Rosava Investment Corporation that two parcels of la~d located on'the east andwest side of Miller Street, as Official Tax Nos. 2720104 and 2T20flOl, Trout Land Map, be rezoned from RS-3, Single-Family Residential District, to RG-2, General Residential District, the City Planning Commission submitted a written report recommending that the request for zoning be granted. Mr. Trout moved that a public hearing on the request for rezoning be held at 2.p,m.t Ronday, April 20, 1970~ The motion was seconded by Mr. Wheeler and unanimously adopted. STREETS AND ALLEYS-AUDITORIUM-COLISEUM: Council having referred to the Ci Planning Commission for study, report and recommendation the requ~ t of the City of Roanoke thor a portion of Couctland Road, Orange Avenue, N. E., to the westerly line of ~illiamson Road, be vacated, dl~contin and closed, the City Planning Commission submitted a written report recommending tha the request for vacatin~, discontinuing and closing a portion of the street be grant Mr. Trout moved that a public hearing on the request for vacating, discon- tinuing and closing a portion of the street be held at 2 p.m., Monday, April 6, 1970 The motion was seconded by Mr. Wheeler and unanimously adopted. PLANNING: Counoil having referred to'~he City Plashing CommissiOn for study, report zsd veoommesdotiOn a Resolution adopted by ~he Board or Supervliors or ROanohe Couatyoa December30t 1969, giving aotice of proposed amendments to the Roanohe County SubdiVision. Ordinance, the City Planning Commission submitted the follomtng report recommending that the Council or the City or Roanohe approve the amecdmeat to said Subdivision OrdJaaote amd that If the admlsistrative amendments mere intended to be incorporated into the Subdivision Ordinance the term 'maximum lot size" be deleted from said amendment: 'March 1mt 1970 The Nooorable Roy L. ~ebber, Mayor and Members of. City Council Roanohe, Virginia Gebtle.en: The above cited request mas considered by the Planning Commission at its regular.meeting of March 18, 1970 and pertains ' to aa amendment of the:County Subdivision Megulations; The State Enabling Legislation requires that any Changes to the existing County Subdivision Regulations subject to municipal Jurisdiction shall be reviemed and approved or disapproved by that municipality prior to adoption by the County. The Plannin9 Director, Hr. Lather Rermelstein, noted the following conditions and clrcomstances pertaining to petition: 1. Roanoke County has recently adopted a ne. Zoning Ordinance in uhich some minor changes were made with regard to lot sizes. In conformance with these changes the Comnty wishes to amend its Subdiiision · Ordinance which currently contains provisions for lot sizes in conformance with their past! Zoning Ordinance. 2. The nnly amendment to the CountyUs Subdivision Regula- tion~ authorized by the County Board of Supervisors sas the one contained on the last page of the request attachment which reads: Amend Section Ill, Para. A (IZ), Page 6 to read as follows: (IX) Each separate lot shall conform to the requirementsof the Zoning Ordinance of Roanoke C~nty. 3. The other amendment to the Countyts Subdivision Regulations · .-~ ' request was an additive done administratively by county personnel to *clarify' the proposed amendment authorized by the County Board of Supervisors which reads: Agricultural A-I District: Present ordinance - .minimum lot area: 7,200 square feet. maximum lot area: 9,800 square feet. Proposed Ordinance - minimum lot area: 7,200 square feet. maximum lot area: 15,000 square feet. ResidentiaI Estates District: Same as A-I District. Residential R-I District: Same as RE and A-I Districts. R?sidenti~l R-2Dlstrict: Same as R-I, RE, and A-I Districts. Residential R-3 District: Same as R-2, R-l, RE, and A-I, Districts. 89 Town Houses: Hr*sent Ordinance Proposed Ordinssce ~ Business B-! District: Present ordinance not provided rot, minimum interior lets: 1,600 square feet. minimum end lots: 2,$00 square feet. lot area eot provided for except for off-street parhing. Proposed ordinance ~ minimum lot area: 12,000 square feet. Mr. Wermelntelo, the Plaoofng Dlrec~r~ recommended that since. in effect, two amendments were received pertaining to the same sub- ject matter that the Planning Commlssioo reply to both. In addition, the Planning Director noted that the.term 'm~xlmom lot sizet noted in the administrative amendment was Inappropriate. The Planning Commission after due consideration of ~hls matter was of the opinion that the term 'maximum lot size' mas restrictive in ne*are and inappropriate. Accordingly, motion mas made, duly seconded end unanimously approved recommending to City Council that they approve the amend- ment to the ComA*yes Subdivision Regulations authorized by the County Board of Supervisors and that if the administrative amendments was intended to be iocorpccated into the County's Subdiiiiion Ordinance the term 'maximum lot size' be deleted from the amendment. ¥~ry truly yours, S/ John Ho Parrot/by L.M. John R. Parrot* Chairman# Br. Trout moved that Council concur'in the recommendation of the City 'lanning Commi~sion and that the matter be referred'to, thb'Clty Attorney for prepara- tion of the proper measure. The motion was seconded by Mr. Wheeler.nnd unanimously adopted. REPORTS OF COMMITTEES: STADIUM: Council having re~erred t~ the ~tadium Advisory Committee for study, report and recommendation a communication from Mr. James A. Plersall, General Manager of the Roanoke fluckskiflst affiliated with the Washington Redskins in the Atlantic Coast Football League, requesting that Ordinance ~o. 16846 imposing a rental charge of eight per cent of all gross receipts for professional football games at Vic?cry Stadium upon and after January 1, 1970, be a~ed by reducing the rental chargeto the original,amount of five per cent of all gross receipts with the provl~ sion that the sponsors, of professional football ~111 furnish their own security guards, and recommending that the rental charge of eight per cent of all gross re- ceipts for high school football games at Victory Stadium be reduced to the original amount of five per cent of all gross receipt~ with the provision that the high school will receive police protection during their games at no charger the committee submit* the follomiog report recommending that the r~quest be denied: ~March 17, 1970 Honorable Mayer and ~embers of City Council. Gentlemen: On Novembe~ 26, lq6g, City Co~ncil forwarded to the Stadium Advisory Committee for study, report and recommendation the request of Mr. James A. plersollo General Manager of the ~oasoke Buckskins Professional Foelball Teas that City Council reduce the chirge of 8~ ~ental-for f~otball games at Victory Stadium to The B~ rental charge non in effect, et the Stadium includes the furnishing of police protection by the City of Roanoke under the supervision of the Roan*ko Police Department, Xn his request a reduction of rental fee, Wv. Piersall stated that the Roanoke Bnckcklsm would furnish its o~n security garads at no cost to the City. The Stadium Advisory Commit~ee'met on Batch '12, 1970 and instructed its Secretary to forward to City Council the foil*ming recommendation regarding the sat*er: Whereas Victory'Stadium is a City *aged fac.ility supervised nnd maintained by city funds, It fs the feeling of the Stadium Advisory Committee'that for all football g~mes played within the Stadium ·that public protectlo~ and safety should be under the supervision of the Roanoke Police Department and that the request of the Roanoke Suckshins be denied. Yours truly, S! Rex T, Mitc~elt~ Jr. Rex T. Mitchell, Jr. Secretary - Stadium Advisory Committe~ Mr. Boswell moved that Council concur in the recommendation of the Stadium Advisory Committee that the request be denied. The moil*swam seconded by Hr. Nheele and unanimously adopted. TAXES-LICENSES-LEGISLATiON; Council h~ving referred to a committee composed of Messrs. John W. Boswell, Chairman, Frank N. Perkins*mt Jr.t and Vincent S, Mheel~ ~or stedy,'report and recommenda~lon, a communication from Mr. Curtis W. Fitzgerald, representing the six computer service, bu~ao~ operating within the City of Roanoke, requesting that a ne~ classification for "£1ectroalc Date Processing S~rvices," be included in the License Tax Code' ahd~that a license tax commensurate ~ith the act*al function of such enterprises be established, the comlt- tee submitted a written report recommending that the license tax in this category be changed from professional to business, effective in 1970 with a tax rate of ~los $.55 for each $~00.00 gros~ receipts. Mr. Bosmell moved that Council concur in t~e r~commendation of the commit- tee and offered the follow~ng emergency Ordinance: (UlglO1) AN ORDINANCE amending Chapter 8. License Tax Code, Title VI. Taxation, of the Code of the Cit~ of Roanoke, 195~, as amended, by ~dditton of one (1) new section thereto, imp*slant'certain license taxes upon persons engaged in the business of operating date processing bureaus or in the business of furnishing data processing serv~es; and pro¥~ding for an e~erge~y. (For full text of Ordinance, see Ordinance Book No. 34, p~ge 196.) Mr. Bosmell moved the adoption of the Ordinance. The motion cas seconded by Mr. Perklnsan ~nda~pted by the Yollowiog vote: AYES: Mess rs. Boswell, Li5~, Perkins*n, Thomas, Trout, Wheeler and Mayor Webber ........................ NAYS: None ...........L.--LO. 8UBOET-AIRPORT: Council having referred to · comwlttee for tabulation, report u.d recommendation the bids received on FAA ProJect 9-44-012-19, Proposal No. I - Extension of Runu·y S and relocation of Virgini· Second·fy Route 626 nnd Proposa No. II - Extension of Runway 5/23 and relocation of Virginia Secondary ROute 626, the committee sabmitte~ the following report recommending that the low bid of Branch and Associates, Incorporated, for Proposal No. I Including the extension of Runway 5/23, 476 feet to the west. together with associated taxiway and lighting and the relocatlc of State Secondary Route 62b, in the reduced amount of $327t41g.25r be conditionally accepted, subject to the approval of the Federal Aviation Administration, and that $6,000.00 be appropriated to CIP - 9 - Improvements to Runw·y 23 at Roanohe Bunicipal (Moodrum) Airport to provide funds for engineerJsJ and administrative expenses in the total amount of-$10,O00. O0: ~#arch 19, 1970 To The City Council Roanohe, Virginia Gentlemen: Bids were received and opened before City Council at its regular meeting on Bonday,~Rarch gt 1970, for the proposed extension of Runway 5-23 at Roanohe Huaicipnl Akl)ort under FAA Project =19.- Please find attached the tabulation of bids'showing the pFcpOals received. The low bidder for- Proposal I is Branch ~ Associates of Roanohe. Virginia, with a bid of $333,419o50; and the Iow bidder'for Proposal I! is J. ~. Turner ~ Company of Salem, Virginia, with a bid of Proposal ! lnrolves the extension of Runway 5-23 some 476 feet to the west, together mith thc associated taxiway and lighting, and the relocation of State Secondary Route626. Proposal II includes Proposal I and lu addition involves the extension of Runway S-23 some 3S0 feet to the east together with tbe~.acsociated taxiway and lighting. One hundred, siu[een thousand dollars was appropriated to CIP ~g for the westerly'runway extension, $~$,B00 was appropriated to CIP ~7 for thc easterly extension, and an ad~ltionnl $217,000 was appropriited to be used on both extensions, the total appropriitlbn. amounting to $399,000, of which 50% ts to be ~ imbursed by the FAA. Voar committee appoiited to review the bids has Pet, and~ after Careful consideration of each proposal received, makes the £oIlowing recommendations: 1. That the low bid of Brauch ~ Associates for Proposal in. the amount of $333,419.50 be conditionally accepted subject to approval by the FAA, and that this bid amount be reduced by $6,000.00 (the minimum savings to the City as indicated on the supplementary proposal submitted by Branch ~ Associates with Proposal*s I and II for supplying a minimum of 30,000 cubic yardg of borrow material from their site at'$1.28 per Cubic yard), to $327,419.50 That'funds he provided from existing accounts as follows: From CIp a9 $116,000.00 From supplemental appropriation to CXP u7 and #9 217,000.00 Less Engineering costs to dale 1 520 17 . $331,479.83 3. That aa additional $6,000,00 be appropriated thorder to provide approximately $10,000.00 for the project's engineering and administrative expeflses. 4. That all other bids received be rejected. The FAA has made n tentative allocation of $199,500 for the ex*em- finn of the ruabay in both directions. They have assured us of' their participation from this amount on a 50~ matching basis nc'the reduced project.' At n tater date the FAA~III consider a vequest to participate in a project to extend the runway to the east. The mestmard extension or the runmay alii pro~lde enough runway length to allou the future installation of an Instrument Landing ' System on this runmay. APPROVED: S! Byron E. Hamer Byron K. Barter, Chairman Assistant City Manager APPROVED: S! Marshall E. Harris Marshall E. Harris Airport Manager APPROVED: S/ Sa~ San B. McGhee, Assistant City Engineeru Mr. Link moved that Council concur in the recommendations of the commit*e, and offered the following emergency OrdinanCe accepting the proposal of Branch and Associates, Incorporated, in the reduced amount of $3R?,419.50: (n19102) AN ORDINANCE accepting a certain proposal and awarding a cnn*fac for construction of an extension of Runway 5-23 at Roanoke Municipal Airport. togeth with other rd,*ed mork, under Proposal I for Federal Airport Project No. 19, at Roanoke Municipal Airport, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contracts; rejecting all.other bids made for said improvements; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 3d~ page 197.) Mr. Link moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the folloning vote: AYES: Messrs. Boswell, Lash, Perkinson, Thomas, Trout, Mheeler and Mayor ~ebber ...................... 7. NAYS: None .............O. In this connection, Mr. Lfsk offered the following emergency Ordinance appropriating $6,000.00 to CIP 9 ~ Improvements to Runway 23 at Roanoke Municipal (Woodrum) airport: (n19103) AN ORDINANCE to amend and reordatn Section #89, "Transfers to Capital Improvement Fund," of the 1969-70 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see OrdinanCe Book No. 34, page 199.) Mr. Lisk moved' the adoption of the Ordinance. The motion mas seconded by Mr. Perkinson ~nd adopted by the followin9 vote: AYES: Messrs. Boswell, Link, Perkinson, Thomas, Trout, Nheeler and Mayor Mebber ...................... ?. NAYS: None .............O. MATER DEPARTMENT-STREETS AND ALLEYS: Council having referred to a commit- tee for tabulation, report and recommendation the bids received on performing mis- cellannous, small arouimprbved hard surface street and sidemalh restoration occasion by the normal daily operations or the Mater Oepartment for a period of 12 mouths commencing ugh later than April 3, 1970, the committee submitted the following report recommending that the lob bid Of Adams Construction Company In the amount of $4~t921o35, be accepted: '~Roanohe, Virgiuia Hatch 23, 1970 Honorable Mayor and City Council Roanoke, Virginia After due and proper advertlsemeut, bids were recelred on Harch 16t 1970, and opened before City Council for miscellaneous small repairs to streets and sidemalh~ occasl~ued by th~ normal dally operations of the Water Department' and for' a period of 12 months commencing not later than April 3~ 1970. Three bids mere received mith the bid submitted by Adams' Construction Company at a total amount of $47.921.35 being lom. These bids were based on estimated quantities of various pare- ment and concrete repairs to be performed during this 12-month period. .A tab, lateen of the bids with the unit c~strecefved is submitted for the Councllts review. Unit costs for this work have increased during the past year. However. during the past year the estimated quafltltes of this type of work which Is needed have been reduced. The low bid submitted by Adams Construction Company is within the funds allocated to the Hater Department for this purpose. Adams Construction Company has the pre~ent contract for this work and their perf6rmance has been satisfactory. It Is the recommendation of your committee that City Council accept the bid ~f Adams Construction Company and award the Contract · to this c~nce~n, at the same time rejecting the bid of the other hmo concerns. ~espectfully submitted. S/ Byron E. Hamer.. B~ron ~. Hanert Chairman' S! Thomas W. Dunn Tho~as W. munn S/ San H. WcChee, Iff Sam H, McBhee" Mr. Lisk moved that Council concur in the reconnendatio~ of the committee and offered the ~ollomiflg emergency O~dlnauce~ (~19014) AN ORDINANCE accepting the proposal of Adams Construction Compae~ for performing certain ~iscellaneous, small area hard surface street and sidewalk restorati'on; authorizing the proper City offic'ials to execute the requisite contract rejecting all other bids; and' providing for an emergency. (For full text of Ordinance, see Ordiuance Book No, 34, page 19g.) Mr. Lisk 'moved t'he adopt'ion of the 'Ordinance. Th~ notion Was seconded by Mr, ~heeler and adopted by the following vote: AYES: Wessrs. Boswell~ Lisk, Perkhso~, Thomas~ Troutt Wheeler and ~ayor Webber ......................... ~ ....... NAYS: None ........................ O. UNFINISHED BUSINESS: NONS. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF OMDINANCES AND RESOLUTIONS: ACTS OF ACKNOHLEDGHEHT-SCHOOLS: Council having directed the City Attorae! to prepare the proper measure expressing congratulations to the uembers of the Jef- ferson Hioh School Basketball Team and to its couch. Hr. Richard H. Nepley, upon their successful pursuit or the State Group I-A Basketball Championship, he pre- sented same: whereupon. Mr. Thomas offered the follouiag Resolution: (n19105) A RESOLb'rlON expressing congratulations to the uenbers of the Jefferson High School Basketball Team and to its coach. Mr. Richard H. ~epley. upon their successful pursuit of the State Group I-A Basketball Championship. (For full text of Resolution, see Resolution Book No. 34, page 200.) Mr. Thomas moved the adoption of the Resolution. The notion was seconded by Mr. Trout and adopted by the follouing vote: AYES: Messrs. Boswell, List, Perkinson. Thomas, Trout, Wheeler and Mayor Webber ......................... 7. NAYS: None ................ AUDITORIUM-COLISEUR: Council havinO directed the City Attorney to prepare the proper measure accepting the proposal of Coca-Cola USA. a division of Coca-Cola Company, Norfolk. Virginia. for furnishing, installing and maintaining all necessary soft drink dispensing equipment, and the proposal of Roanoke Coca-Cola Bottling Works Incorporated, for furnishing syrups for the Roanoke Civic Center, he presented same; whereupon, Mr. Wheeler offered the following emergency Ordinance: (m19106) AN ORDINANCE providing for the furnishing and installation of soft drink dispensing equipment and syrups for the Roanoke Civic Center by accepting certain proposals made therefor, upon certain terms and conditions; rejecting all other bids made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 201.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Boswell. Lisk, Perkinson. Thomas. Tr~ t, Wheeler and Mayor Webber ......................... ?. NAYS: None ................ O. HEALTH DEPARTMENT: Council having directed the City Attorney to prepare the proper measure appointing three additional members at large to the Roanoke Valle Mental Health Services Board, he presented same; whereupon, Mr. Thomas, offered the following Resolution: (~19107) A RESOLUTION approving appointment of three (3) members at large Ira the Rosnoke Valley Mental Health Services Board. (For full text of Resolution, see Resolution Hook No. 34, page 202.) Mr, Thomas moved the adoption of the Resolution. The motion ass seconded by Mr. Lisk and adopted by the fsllowing vote: AYES: Nessrs. Boswell, Lisk, Perkinson, Thomas. Trout. Nheeler and Mayor Webber ......................... ?. NAYS: None ................ O. ROANOKE CITY ARTS COMMITTEE-MUNICIPAL BUILDING-PARKS AND PLAYGROUNDS- SCHOOLS-AUDITORIUM-COLISEUM: CooocI~ having directed the City Attorney to prepare the proper measure providing for the appointment by the Mayor of m committee to advise Council ulth reference to the establishment of J City of Roanoke Arts Cummin, sion pursuant to Section 63 of the City Charter. be presented namer whereupon, Mr. LTrout offered the folloming Resolution: (#19109) A RESOLUTION providing for the appointment of s committee to advise the Council with reference to the establishment of s City of Roanoke Arts Commission pursuant to Section 63 of the City Charter. (For full text Of Resolution, see Resolution Book NO. 34, page 203.) Mr. Trout moved the adoption Of the Resolution. The metlon Mas seconded by Mr. Perkinson and adopted by the following vote: AYES: Messrs. BosNello Llsk. Perkinsoe. Thomas. Trout. Wheeler and Mayor Mebber ..................... NAYS: None ............O. ~PECIAL PERMITS-S~REETS AND ALLEYS: Council having directed the City Attorney to prepare the proper measure permitting n temporary encroachment into the sidewalk and street area o£ Lafayette floulevard, N. M.. for u distance Of mately four feet of three concrete steps and a concrete Mall erected on Lot H, Block 2, upon certain terms and conditions, he presented same; whereupon° Rr. Wheeler that the following Ordinance be placed upon its first reading: (319109) AN ORDINANCE permitting a temporary encroachment into the side- walk and street area of Lafayette Boulevard. N. M.. for a distance of approximately four (4) feet of three certain concrete steps and a concrete Mall erected on Lot Block 3, ns shana on the Map of Villa Heights, upon certain terms and conditions. WHEREAS, written request has been mode to the Council that permission be granted to continue to maintain as an encroachment into the northwest sideualk and street area of Lafayette Boulevard. N. M.. three concrete steps and a concrete Mall which, as constructed on Lot 9, Block 3, as shown on the map of Villa Heights. four feet into the aforesaid sidewalk and street light-of-uny; and WHEREAS, the City Manager has recommended in report made to the Couacil on March Ibm 1970, that the request be granted ns provided herein, a shetch sho~ing the encroachment, entitled °Prat of Survey Wade For Pedigo G Cranwell. Attorneys". made by Eoymond C. Weeks. State Certified Land Surveyor. having been made and filed in th~ Office of the City Clerk; and WHEREAS° pursuant to the authority vested in local governing bodies by ~ 15.1-376 Of the 1950 Code of Virginia. as amended, and ns provided in Sec. 4, Chap- ter ?, Title XV of the Code of the City of Roanoke. 1956, as amended, this Council agreeable to said proposal and is Milling to permit the encroachment herein ~enttone( upon the terms and conditions heretnafter contained. : ~ THEREFORE, HE IT ORDAINED by the Cqeaoii of the City or Roanoke that per- mission be, and is ~ereby grafted ~o the ouae~ or o?eers of ~ot 8, fllgck 3, Map of ¥illa Heights, located on the northwest side qf Lafayette Boulevard, No M** their thqa fqmu (4) feqt into said street and mid*talk area as measured from the front line of the aforesaid lot, threb (3) exlstingconcrete steps and an existing concrete Sills.the.location of which steps and wall ~re as sheMn on copy of Plat of Survey Made for Pedigo ~ Cranwell, Attorneys, by Raymond C. Wqeks, State C~rtified Land Sarveyor, on file in the Office of the City Clerks steps and wall to be properly and safely .maintained at the sole expense of the aforesaid ameers, their successors or assigns, subject to the limitations contained in ~ 15.1-376 of the 1950 Cudq of Virginia, ahoy*mentioned; it to bq agreed by said permit**es that by maintaining suc! encroachments, said.perqittees and their successors and assigns agree to indemnify an save harmless the City of Roanoke of and from all claims for injuries oF damages to persons or property that nay arise by reason of such encroachment over said public sidewalk and street,area; ~nd, further, that ~he within permit shall be revocable at the pleasure of the City Council. BK IT FURTHER OF. DAXNED that the pro?is ions of this ordinance shall not be- come fully effective until such time as a written permit made pursuant hereto shall have been issued by the CltytsBuildtng Commissioner to the said property owners, or !their duly nutborJz?d representative, and until an attested copy ?f this ordinance shall have been duly signed, sealed, attested and acknowledged by said.ownqr or ameer and shall have been admitted ~o record, at the cost of said owners, in the Clerk*s Office Of the Hunting Court of the City of Roanoke. EXECUTED AND accepted by the undersigned this *.day of~ , 1970: (Ouner) (Owner) STATE OF VIRGINIA S To-wit: CITY(Ir ROANOKE l, a Notary Public in and for the City of Roanoke in the State of Virs~flia, do hereby certify t~at and , whose names are signed to the foregoing ~riting executed the -- day of , 1970, have personally appeared before me la my City Sta~ aforesaid, and acknowledged the same. GIVEN unde~ my hand this ~ day of , 1970: Notary Public My commission expires: The motion was seconded by Mr. Trout and adopted by the following vote: · AYES: Messrs. Bosuell.~ Lisle Perklnaon.: Thomas. Trout. Wheeler-and layor Webber ......................... ?, N~YS:' None ................ O. CITY ENGINEER: .Council havidg directed the City Attorney to prepare the proper measure accepting the proposal of Mcllhany Equipment Company. leoorpoFated. for supplying one nm portable air compressor and air tools to the Maintenance of Git property Division of the City of Roanoke. tar a total purchase price of · resented same; mhereopoef Mr. Trout offered the following emergency Ordinance: - (=19110) AN ORDINANCE accepting a certain bid for thc supply to ~bo City Of a portable air compressor and air tools for use for the Maintenance of City Proper,ye*and authorizing the issuance of a purchase order therefor; rejecting certain other bids; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 34t page.204.) Mr. Trout moved the adoption of the Ordinance. The motion mas secmded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Boswell, Lis~. Perkinson~ Thomas, Trout, Wheeler and Mayor Webber ......................... NAYS: None ................O. BUDGET-CITY EMPLOYEES-PAY PLAN~CITY MANAGER: Council having directed the City Attorney to prepare the proper measure amendlng th~ Pay Plan by adding thereto Code Position 1214~ Boundary Coordinating Assistant. at Range 21, he presented same whereupon, Mr. Wheeler offered the foil.ming emergency Ordinance: (=19111) AN ORDINANCE amending Ordinance No. 10775 heretofore adopted on June 30, 1969, providing a System*of Pay Rates and Ranges and a new Pay Plan. by adding to said Pay Plan Code Position 1214, Boundary Coordinating Assistant; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 205.) Mr. Wheeler moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs6 Boswell, Li~k, Perkins.n, Thomas, Trout, Wheeler and Mayor Webber ......................... 7. NAYS: None--~ ............. lA this connection. Mr. Wheeler offered the following emergency Ordinance appropriating $2.022.00 to Personal Services in the 1~69-70 budget of the City Manager to provide funds for the remainder of the fiscal year: (u19112) AN ORDINANCE to amend and r.ordain Section o$, =Manager," of the 1969-70 Appropriation Ordinance, and prortdlog for an emergency. (For full text of Ordinance. see Ordinance Book No. 34, page R06.) Mr. Wheeler moved the adoption of the Or~ canoe. The motion was seconded by Mr. Thomas and adopted by the following vote: il i ~ AYES: MessrS. Boswell, Lisk, Perhinsone Thowost Trout, Mbeeler and Meyor. Rebber ......... ~ ............... 7. NAYS: Nose ...... ~ ......... O. MOTIONS AND MISCELLANEOUS BUSINESS: GARBAG~*R~MOVAC-S~MEETS'AND ALLEV~: Mr. ~hurles ,earn. 1409 ISth Street. N, £., appeared before Council and couplilu~d that the public is using l~ud at the end'of Varnell'Avenue f~r dumping and ~hat ther~ is broken glass on'the streets in the urea. i Nr. Llsk moved that the matter be referred to the City Rauager for study, and report to Council.' The motion -~s seconded by Mr~ Wheeler a~d .... imoasly adopted, HEALTH DEPARTMENT: The City Clerk reported that Miss Bernice F. Jon~s~ ~rs. Bonny L. Rilklnson, Dr. Thomas ~. l~ong, Dr. Mllllum F. ~el~er and #essrSo J. Thomas Payne, Arnold Schlossberg and William R. Reid have qualified as'members'of the MediCare Advisory Committee for terms of two years each ending JuneaO, 1970, Mr. Trout moved that the report be'receiVed and f~led. The m~tion ~as seconde~ by Mr. Wheeler end unanimously adopted. The~e being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST: y Clerk Mayor CODNCIL, RRGULAR~MKET]NG, Monday, March 30, The Council of the City of Moa*ohs mit ~ regular meetloR In lbs Council Chsuber in the Municipal Building, Monday, March 30, lgYOe at 2 p,w,t the regular me'ting hour. with M~yor Mebber presiding. PRESENT: Conncllmen John M. Boswell, David £. Lish. Frank N. Perkfos~;, Bampton Mo Thomas. Janes O. Trout. Vincent S, Mheeler and nayor Roy ~. ABSENT: None ..................................................... OFFICERS p~ESENT: Mr. Julian F. Blrst, City Manager, Mr, Byron E. Hamer, Assistant Cft~ Managers Mr. Jam~s N, Kincanon. Git~ Attorney, a~d Mr, Jo Robert Thomas, City Auditor. I~¥OCATION~ The meeting was opened with a prayer by the'Reverend Robert nam~er~ Pastor. Grnndlo C;urt Saptis~ Ch;rca. MINUTES: Copies of the mlnu~es of the regular meetings held o; Monday, March 2.'lg~O,'and Monday, March 9. 1970, having been furnished each member of Coun- cils on motion of Mr.'Perkinson, seconded by Mr. Lisk and unanimously ad~pted, the readin~ tAereof ~as dispensed with an~ the minutes approved as recorde~. HEARING OF CITIZENS UPON PUBLIC M~T~ERS: SEMEBS: AND STORM I~AINS: Pursuant to notice of advertisement fo~ bids on the construction of 8 storm drain o; ring Street and Mecca Street, No E.. north- easterly from Vinton Rill Road to Belle Avenue, said proposals to be received ~y the City Clerk until 2 p.mo, Mondayq March 30, 1~?0, and to be opened at that hour before Council, Mayor Nebber asked if anyone hsd any questions about the advertisement, and no representative present raising any question, the Mayor instructed the City Cloth to proceed with the opening of the bids; whereupon, the City Clerk Opened and read the following bids: Bidder Proeosal Ng, I Proposal Ng, II Aaron J. Conner General Con- tractor, Ieee.para*ed Hudgins and Pace, Contractor Draper Construction Compaey 4g,605.00 51,4gl.lO Branch ~ Associates, Zncor- perm*ed 7~,674.00 Mr. Perkinson moved that the bids be referred to a committee to be appoints by the Mayor for tabulation, r~port and recommeddation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of tbs committee. The motion was seconded by Mr. Lisk and unanimously adopted. M~yor ~ebber appointed Messrs. Byron E. Boner. Chairman and Somuel B. McGhee, Ill, as members of the committee. ZONXNG:' Council haling received and filed e report of the City Attorney in connection with the request of Texaco, ~flcorporated, for a non-conforming permit to operate a muffler shop at 1025 Campbell Avenue, S. M., suggesting that Council defer consideration of the matter until and unless further procedures be initiated by'the property ouner or other interested party, Hr. Ralph Rosin*er, Attorney, representing Mr,~Julios Golds*els, Trustee far #rs~ Gold;e Golds*else appeared before the body nndadvised tho* his client is the ouoer of the proper~y in question and requesting ~tbot said property uhich lies be*mean Chapman Avesse and Campbell Avenue, S. ~., described ss Lot 1, Block O, Ffehbnra Place, Official Tax No. 1112901, be rezon~d from RG-2,~General Besidential District, to C-2, General Commercial District. Hr. Trout moved that t~e request for rea*Ring be referred to the City Plpening Commission for study, report and recommendation to Council. The motion seconded by #r~ Thomas and uRania*only adopted. ~ETITIO~S A~D COYBU~ICATIO~S: BUDGET-SCHOOLS: A co~u~unicption from tbs Roanoke City School Board, re- questing that $14,5B3o92 be appropriated to the 1969-70 budget of tbs Roanoke City School Board. to provide funds for ad~t education programst said amount representing tuition collected from studentse mas before Council. Br. Thomas moved t~at Council concur in ~be request of the Roac~ · City School Board and offered the following emergency Ordinance: (g19)1~) AN ORBINA~C£ to amend and reordaln Section mllOOOe #Schools - Special Instruction,'* of the 19~9-?0 Appropriation Ordiuapce, and providing for an emergency .... , (For, full text of OrdJuance, see Ordinance Book ~o. 34~.page 213.) Mr. Thomas mpved the pdoption of the Ordinance. The motipn was seconded by Nc. Trout and adopted b~ : tbs ~o11 owing vote: AYES: Messrs. Boswell~ Llsh, ~erkinson, Th,mass Troate Nhee]er and Bayor ~ebber---: ...................... NAYS: ~one ................ :0. POLICE DEPARTRE~T-JUYE~ILE AND.DOmESTIC RELATIONS COUgh: A comauni~tion from Miss Catharine*M. Noses~ comp~ lning ~hat her grocer~ store at 831 Rorer Avenue S. ~.~ has been. broken into by thieves on, several occasions~ that she has been held and beaten while her s~re was, being robbed on another occasion**and requesting adequate police protection, was be~ore Council. Br. ~heeler moved that the complaint be referred to tbe~City, Napager for ln~estigation and r~port to Council. The ~ption was seconded by Mr. Trout and unpnl~ous~ adopted. BUD~T-STATE CO~PENSATIO~ BOA~-CITY SER~A~: Copy o~ a communication from ~r. Kermlt E. Allman addressed to tbs State Cp~pensation Board traas~ltting his budget request ~or the fiscal year beginning July 1~ ~970~ and ending June 30~ 1971 was before Council. Mr. Thomas moved that the co~muaication and~budget request be*received and ~tled. ~be mo~lon was seconded b~ Mr. ~beeler and unanimously adopted. T~ES: A co~munication from Mr. R. P. Barae~e requesting that credit for improvements or general upkeep be applied to tbs assessment of homes occupied b property owners over sfxt~+El~e ~ears nE age~ wa~ be~ore Council. Mr, Perhienoa pointed out that there are peediug revisions to the State Cons,flu,ice to be voted on.in November, 1970, uhich will allom tax differentials roy car, eta classes o! taxpelers nod that if these revisions are approved council mill.he-in, o position to give further tax relief to persons over sixty-five lears age, Hr. Boswell uoved that the commuaicetioa he.received end filed.- The motio mas seconded by Mr, Thomas nod unanimously adopted, PARKS*AND PLAYGROUNDS: A communication from Mr, Carl fi. Sterafflg, Jr., Chairman, Roar~e Transportation Museum Committee, transmitting a progress report for the Roanoke Transportation Center and Railroad Museum as of March SOt 1970, including suggestions for the future expansion, operation and improvement thereof, and tendering his resignation as Chairman of.the Roanoke Transportation Museum Committee because of a Job transfer out of Roanoke, was before Council, Mr. Trout moved that Council take the progress report under advisement and accept the resignation of Mr, Sterxing with regret, The motion w as seconded by Mr. Perkinson and unanimously adopted. ZONING: A petition from Mr. Holman Rillis, Jr** Attorney, representing Mountain View Corporation, requesting that property located on the northeast corner of Moutaln View Terrace and Faoquier Street, S. M., described as a portion of 2.044 Acrea§e,~Block ll,.Roanoke Development Land Company, Official Tax NO. 1430101, be re 5 zoned from RS-St Siogle-Famlly Residential District, to RCa-Z, General Residential District, was before Couocil. Mr. Wheeler moved that the request, for reaching be referred to the City Planning Commission for study, report and recommendation to Council. The m~lon was seconded by Mr. Trout and unanimously adopted. ZONING:. A communication from Mr. Jack V. Place, Attorney, representing Messrs. R. W. Boswers and C. F. Kefauver, requesting that property located on the South side of Buena Vista Boulevard, S, E., between Lots A. B. C. D. and E. and · corporation line, described as 1.29 Acreage, Block Il, Rlvermont Development Company Official Tax No. 4142505 and property located on the south side of Buena Vista Boulevard, S, £., between Lots I - 20, and the Norfolk and ~estern Railway Company right of way, described as 0.~8 Acreage, Block 10, Rirermoet Development Company, Official Tax No. 4142603, he reached from RD, Duplex Residential Distrtctt to LM, Light Manufacturing District, mas before Council. Mr. ~heeler moved that the request for reaching be referred to the City · Planning Commission for study, report and recommendation to Council. The motion mas seconded by Mr, Trout and adopted, Mr. Thomas not voting. REPORTS 0~' OFFICERS: BUD(R~T-GARA~-CIT¥ ENGINEER: The City Manager submitted the following report recommending that $36,O00.O0, he. appropriated in the 19&9=?0 budget of the Garage to provide funds for the remainder of the fiscal year: '~oanohe, Virginia March 30, 1970 Honorable Mayor and Git7 Coonoll Roanohe, Virgiaia( The~ig&9-?O budget appropr,iuted $150~000 to*the above account. As of March 12,~19700-after~olaos~eight mod one-half.months of operatione there remains a balance:In this accouot This represents un-'average expenditures of approximately $17,600 per month since July l0 1969. Considering this uverage expen- diture and the ooraal operatl6ns plus'work on several items of equipment, there mill be insufficient funds remaining in this account to carry to the remainder of the fiscal year. There area ! am adrlneds several major items Or equipment needing immediate attention. The Allin-Chalmers HD-16 Bulldouer has within the past *em meeks developed c~tlool repair work and to rebuild and repair the undercarriage, ~bpaiv-the brohen truck frame and overhaul the transmission ls~' estimated at A hem machine or this class mill cost appr6ximately $46,000. This · unit Is the major backup equipment for the landfill operation and we are temporarily renting a unit. A nee motor is~aeeded in the ten- ton ~allion ~oller at a cost of approximately $2~000. This unit is required in the spring resurfaclng program. The new State inspection requirement of at least 1/16-incb tread on tires has resulted In a sizable increase in tire cost. The anticipated requirement for tires for the remainder of thin fiscal year mill be between $4,000 and $6,000. The departmental budget submitted last year was reduced from ~l~OfO00 to $150rOOOe being the same amount as included in the 1g~8-69 budget. Some o! the situations being experienced are: (1) Garage is maintaining and repalFing a numbeF of units of vehicles and equipment that are a leaf older and Jt is more difficult with each budget to keep the trade-in program up to date: (2) Several new vehicles and partlcula~ly~henvy items of equipment have been added to the equipment list within (3) A considerable increase ln~the cast of parts, materials, and labor is affecting our garage operation as it is all motor equipment businesses. On the latter polar, daring the course of the year a onnber of items are farmed out to outside concerns to perform specialized mark especially as to certain of the larger or heavier equipment and in this expense charged to this account there is the inclusion of labor, overhead, ac** of private ganges or repair shops. There is attached a memorandum from Mr. James R. Thurmant , Superintendent of the Garage, dated February 19, 1970, lis*tn9 equipment maintained end major repiir expenses to that date. Me realize the problem of requesting funds at this point in the budget year and the difficulties of funds. However, it is felt that the situation ~erits the provision of addi- tional monies faf this operation. .There ,is ne possibility transferring funds within the Garage Division or the Public Marks Department to cover this amount of moae~ other than the use of Personal Services wherein there is sufficient funds but this type of transfer is not done. The following is a listing of pertinent expenditures and Felated figures for a six-year period for this account in the Department Request Budget Expenditures 1964-65 $ 91,390.99 1965-66 94,940.00 1966-67 110,573.98 1967-60 129,544.?1 1960-69 140,604.54 1969-70 $100,000,00 ~150,000.00 150,000.00 160,000,00 150,000.00 In the 1960-69 fiscal year, ending June 30, 1969, as will be noted fram the above expenditure of $140,bfl4.54 against an appropriation of $150.000.00, there was turned back to the General Fund at the end of the Fear $9,315.46. However, incumbrances from the latter part of that year were not paid uotll after July l and this resulted in $11,1B?o64 being expended out of the current yearts budget, It is recommended that the City Cooooll by budget ordinance amendment provide for the all~oprlatlon of to the City Ga~w]e Account No. TI, Maintenance of Machinery and Equipment, Object Code Respectfully submitted, S) Julian F, Hirst Julian Fo Rirst City Manageru Hr, Pmrklnsmn mated that Council concur in the recommendation of the City damager and offered the following ~mergency Ordinance: (ciVil4)' AN ORDINANCE to amend and reordain Section uTI, ~Garage,~ of the 1969--70 Appropriatiom Ordinance, and providing for an emergency. (For full text of ~rdinance, see Ordinance Book No. 34, page 214.) Mr. Perkinson moved the adoption of the Ordinance. The motion was seconded by Mr. Lash and adopted, by the following vote: AYES: Messrs. Lash, Perkinson, Thomas, Trout, Wheeler and Mayor Nebber ................................. NAYS: Mr. Boswell ............1. BUDGET-ROANOKE LIFE SAVING CREW: The City Manager submitted a written report recommending that ~250.00 be appropriated tp the 1969-70 budRet of tbe Roanoke Life Saving Crew to provide funds for lau~derilg.-chhrges;foi,-the'remainder of the. fiscal year.' Mr. Thomas moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m19115) A~ ORDXNANCE to amend and reordain Section ~51, "Life Saving Crams," of the '1969-70 Appropriation Ordinance, an'd' pro'riding for' an emergency. (~or full .t'ext of Ordinance, see Or,dlnance Book No. 34, page 214o) Mr. Thomas moved the adoption of the Ordinance. The motion was seeded by Mr. Iron, a~d adopted .by the followiog vote: AYES: Messrso Boswell, Lisk, P,erkinson, Thomas, Trout, Wheeler and Mayor Webber ...............~ ........... 7. NAYS: None ..................~0. INTEGRAT~N-SEGREGATION-RECREATION DEPARtMENT-PARKS AND PLAYGROUNDS-TOTAL AGTION AGAINST p0~RTy IN ROANOKE VALLEY: Council having referred .to the City Manag for study, report and recommendation the proposal of the Roanoke Jaycees that an olympic size swimming pool be built immediately in Fallo. n Park and in the Lansdowne Park area, ,'he ~ity Manager submitted the following report advising that he does not feel he is ~n a'position ~o re'commend the appropriation of funds for a pool program: 'Roanoke, Virginia March SO, 1970 Honorable-Mayor nnd City Council lo~aoke, Virginia Gentlemen,. . At'your City CoUncil.meeting ~vernl weeks ago the Roanoke Junior Chamber of Commerce Submitted n proposal for the construction or two smismiog pools uithin the city. Vou referred this matter There are perhaps two asp*castoff*he ua**er to be covered. They quite.obviously are interrelated. 'The firs~ aspect is that the City Planning Department has pre- paredonnd completed a rather extensive analysis of a program'for smlmmiag poolswithia the City~; This is an updating of the report that I submitted to the City Council approximately a year ago. The Planning Departmeutts report will be submitted to the Council through Vice Mayor Trout, Chairman of your Swimming Pool Committee, I thus,mill not go into it but would have to make reference to one the situation at this,immediate time, The Plnnning Department*a analysis is good and well taken ns to demand end population distri- bution areas of the City for recreation facilities of this type. The second aspect deals with the immediate situation and the proposal of the Jadlbr Chamber of Commerce. The interest of · ,this organization is indeed quite,commendable and.every encoum~ement should be given to their dedication to community bett~rment~ and the accomplishment of the continuing program,of development mi*him the City. Loc~tinn. The Jaycees* proposal mas for one pool in Fallon Park and a second pool on 29th Street, N. N** between Salem Turnpike and Melrose Avenue, on property which had be*noir*red to the Juycees or the City by the owners as a donation. As to the first,suggested site, Fallon Park, this is recognized as an advantageous location for a pool with a population seryice.nrea. It is also considered that another desirable location for a pool in this general area of the City would be in Morningside Park. I emphasize that this is iateuded to signify tuG pools rather than one being an alternative to*he other. .The one advantage cf Fallon Park as the first pool is the arallability of $5,000 from the will of the late Dr. Fallon for swimming pool purposes. ~owever, the advantage as a first pool of the site in Mornlngside Park is that it can serve a more complete circle of citizens and would be accessible partially for the b~nefit of the Riverdale and Garden City areas. Our conclusion is t~at a first pool when built in the southeast area would more preferable be located in Morningside Park, with the factor of a ~more complete circle of service area outweighing the $50000 mith the intent that this ~ouey would still be available when a second pool is bmllt in the.area. :The.location on 2gth Street, N. M,, raises some question. As an overlying factor, it is believed desirable that pools be located in park site areaswith adequate surrounding land area. The proposed donation land, as meunderstand, ison the west side of 2gth Street and is believed to have limitations of space and being immediately adjacent to bordering,residential properties. It Is understood that theowner might donate property across the street; howe~er, we are not certain that adequate land for goodclear surroundings would be provided but again we fall back on municipal park land. 5ne of the ~ocations resulting from this study is Kennedy Park. It is felt that this is idealfrom available space and potential park development and is conveniently situated to perhaps a much wider accessible area than would 29th Street with reduced factors of concern of nearby principal streets. Our recommendation would be that a first pool in the northwest area be constructed in Kennedy Park. In both of th~se locations, Morningside and Kennedy Parks, adjust- m~nts as to specific sites, elevations, etc** mould be depending upon accessibility to public sewer and drain lines. Construction. The.suggestion made to City Council was for the use of mhat is known as genite construction. This material and type of construction has many advantages in many instances. It would repres~et L soue~saVia'gs ~le: p6~l~constrU~t!b~cost,~but-.me do'not. feel ~kel.are considerable iad~or_l~fflcie'i~:~irraet7 this wateriain*.:csi~Gaatt~'lS-qu~J~lcIcble~for public pools-as. contrasted-to its~idv~0~ges'iid:cin~ld~iable,ise la~smali~private pools. The maintenance costs a're highe~,thsa'J~aadard:~,o0acrcte. la certain climates; guelte is mlisfacUr7 but 'i~'prpseals~ptob~nms in open su~rnce daring extreme o~ long~cold'perfods;' Cavities~ this exist ia lt~promote-thegrouth of~elgeb.'r Il'bas*aa abrasive surface ubicb"'lt--ls~felt~uoUid,be~dnlleeged~rro~time~to~tiwe during its use as a publfo~po01~':-Expassfo0Jolats'nre aot~co~tractcd Ia guaite-type of.'coastructlos,%:Thii~latter becomes ~prob~t large pool and is cne~of,the~reosons tbnt:l~ is usuhlly u~d,ia sweller units, Its ~oesded Corner and end construction is questioned for tournament or neet type ase.~ Ie:nuhwary for a.large~pool~aad one that is public, it is not believed,thit the City mould obtain full,money value over a long period of tine in oo~parlsoB mlth concrete. It is not reit that the question or mhether/~o use~gaaite or concrete should be the factor to determine whether or not a peel'is built-but that if it is determined tobulld one it should be built concrete, C0nstr~ctioe Cost~-~.Our best estimate at'this time of what is frequentl7 referred to as an 01ynpic-type pool is $125~000 per unit. This includes fencing, llghtlog, concrete flltereqaipeent, et cetera. It does not Include the cost of off-street parkiug~ *Last year, I bellevee me used the.figure of $110tO00. This differential has occurred within the past ~ea~ R~ Olympic-type. pool, me are using a,nane that refers to a pool or adequate dimensions for meets and as would be a standard size that the City would want to adhere to in ail peolz that night be constructed throughout the City. It would be un- wise to build different types, different styles and sizes of pools in different areas. For two pools, the estimated cost mould be $2~0,000. Mr.~ Charles Fox, at the City Council meeting, offered a unit of used filter equipment for $0,000 and gave the City ten days to accept. This particular filter equipment has been available for some time and is in an existing but no longer used pool fn the erda. It could be recommended to City CoUnCil that It innediatel~ accept'the pur- chase of this equipment but rather If one -or norm,of these pools are authorized, that tber be designed and then the equipment inspected b~ contractors ~o determine the adaptability o~ this equipment to the design,and hopeful inclusion. Funds. The Jalcees reported to the Cit~ Council on the availabilit~ o~ Federal funds ~o aateriall~ aid in the construction cost, Their infatuation nas obtained from the state government. .~e have endeavored to go into this ver~ thoroughl~ In the,hopes or being able to produce not only these funds but perhaps money.from other sources. ~Our investigation has included originating sources of~information-whlch the JaIcees had, ~heir reference nas as to what. is ~aogfl as ~eighborbood Facilities* acre which is a part of the 9rant program authorized b~ the ~ousing and Orban Oev~pment Act of 196~. As briefl~ as possible, this program is geared to the proylsfon of complete neighborhood facilities of which recreation is one part and the other parts being healths social or similar community serviceae From ever~ng that ca~ finds tan funds under this grant program cannot be applied.solel~ to a swinniog pool, but onl~ if a swimming pool is a-part of a neighbor- hood facilities construction and development program. This factor spelled out in the act, The act.r~ads under paragraph 4592 'Examples of services and activities for which the ~acillties,ma~ be used are the following: L, Recreation and other resident-participation activities, such as active sports for ~outh and 7oung adults, and programs faf older groups, Recreation activities include outdoor swimming pools proyJded do not exceed 2~ percent of the pro~ect cost or ~2O0pO0, whichever is less. program in an immediate area before a pool could bo funded but the pool could not represent more than 2~ percent of a total pro~ect. In all sfflc~rfty~ ~ do not belJey~e.aod regret the fact, that this program could bo used for the individual units of swtnning pools that the Cit~ considering. Me have looked for other sources but so faf have found none Federal oF State funds but I assure Council that ~e are continuing and I am sure' that the Chairman of the Swishing Pool Comnltteeis.doing likewise. One idea has been what Is ~nown as the Land and ~ater Conservation Fund. Mlthin Federal definitionso under this funde It can be used for swimming p~ols under certain conditions. .Such funds as have cone to the.State ~f ~frglflia have been deterni.ed b~ the Virginia Co~ission on Outdoor Recreation to the most needed and to be applied to acquisition of Open Space Land, The.money Is on a 50% Federal, 25~ State and 2~ local basis. As Clt~ Council*know the Clt~ has already received $170,000 faf the Hill Hountain project. ~e were turned down to secure additional money ~or Carries Cove ~ecreation area land. The State has followed the policy that with the limited funds available and with what the~ consider to be a need to acquire~acreutiou land that,,he State funds go touerd land acquisition before land disapp~rs. An exsuple of what is occurring under t~is pertic~lar fund Is in Atlanta, Georgia, .About two year ago, At~suta obtained some of . this unsay and built a swiwmlng pool aah $0-$0 basis. The money wis administered through th~ Federal Bureuo of. Recreation and the local state agency. Also ut the same time built a communltyrecreao tiaa center adjacent to the pool. Today ia Atlanta. they are trying to get funds-through this for a second pool bat are encountering a siwilar problem aud are werklng on a 60-40 basis but will have to hare a recreation center adjoining Ir they are successful. T~o ~ther ¥1';glni'a citie~ bare tried through ~hese programs and have not been ~uccessful. The City of flarrisonburg is now building a swiwming pool and the east comparison is interesting. The cost is approximately $359t000t .and it is being 'financed . through a bond issue. Me have the basic cap~bllity to worh Out the design data in coordination with ,the paul authorities and local pool contractors and can do this Ir dliectedI It is considere'd that ~ pall'mould have to be treated Just as any other construction project; namely would have to be designed with plu~s and specifications and advertised for bids. Time quite naturally is involved le ~is. It is felt, as the Jaycees have expressed and as I stated last year, that to embark on a pool Fmgram should mean the construction of two pools simultaneously at the start. I do not feel that I am fa a position to recommend to City Cocncll the appropriation of the fnnds as above stated as the money and the project are not included within the budget directed to me. Me can advise farther as ~ight be desirable and proceed in any manner as the Council would wish. I am sure that the City Council would wish to consider this report along with advice by the Chairman of your Swimming Pool Committee. Respectfully submitted, S/ Julian F. Hirst Julian F. BUrst City Manager~ In a discussion of the matter, Mr. Ltsh expressed t~e opinion that the cst is placing an extremely high price on the swimming pools to hemp from constructing in reply to the remark made by Mr~ Lish, the City Manager pOi&ted'out'that you con build a smlmming pool for almost any amount of money, that he is trying to handle this situation as fbirly as he would handle any other matter confronting him, the City Manager advising that he does un* bring up the figure of $250,000.00 for th~ construction of the two s~imming pools as a block but merely to give Council some realistic figures Jato the cost of the cons l~2ctJon Of the pools. Approximately 10~ persons appeared in connection with the matter. In this conne'ctfon, ~rs, Carolyn T. Barker, President of the Southeast Community Organization, appeared before the body and advised that t~ proposal of the Roanoke Jaycees th'at an olympic size pool be h~ilt immediately in Fallofl Park and the Landsdowne Park area has ~he support of the Southeast Community Organization and that said Organization will raise the necessary $1,4~0.00 to pay for nun chain lint Mlth reference to the matter, communications from Dr. Joseph J~ Duetsch, President, Family Service - Travelers Aid of Roanoke Valley, Mrs.'Joseph J. Duetsch, hairmsn, Office of Social Developmentt and Or. Walker B. Healyo Mlnister~ First Presbyterian Church, supporting the proposal of the Roanoke Jnycees0 Mere before Council, Mlth further reference to the matter, Father Edmard McDonough of Sulflt Gerard*s Catholic Church, appeared before.the body in support of t~ proposal of the Roanoke Jaycees hsd advised that this is not a matter of finance but a matter of social respossibilitJes, that the construction of these smimuing pools mill be an importast factor in promoting goodmlll betmeem the areas. Mr, Tom Robertson, President, Roanoke Jaycees. also appeared before Council reiterating the proposal of the Roanoke Jaycees. Mrs. Virginia Saead, g26 Jamisun Avenue, S. E** appeared befbre Council and:poicte~ oht t~t~sh~ i~ of'the sake 5p~eicn'.as Mr, Lisk that there are sufficient funds to prorlde~fg~the construction of the sMimming pools and requesting that actl( be taken immediately. In this connection, Mayor Webber presen'ted a petition signed by 87 resident of the southeast area opposing the construction of the swimming pool In Fallon Park. After a rather *lengthy discussion of the question, Mr. Trout moved that action on the matter be deferred until the regular meeting of Council on Uonday, April 13, lgTOt and that the communications from tbe Southe~t Community Organization the Family Service - Travelers Aid of Roanoke Valley, the Office of Social Developmen' and Dr. Walker B. He~ly and the petition opposing the construction of the ~ool in Fallon Park be taken under advisement. The motion was seconded by Mr. Wheeler and unanimously adopted. At this point, Mr. Trout left the meeting. AIRPORT: The City Manager subm~tte~ a written report recommending that he be authorized to execute a formal request for federal aid to the Federal lviitlsn. Administration in connection with the extension Of Runuay 5/23 and the relocatio~ of Virginia Secondary Route Mr. LUsh moved that Council concur in the recommendation of the City M'anager and offered the following Resolution: ' '(ulg]lC) A RESOLUTIO~ authorizing and directing the City Manager to execut and file ~ith Federal Avlhtion Agency requisite requests for Federal Aid to assist the City in accomplishing its proposed Airport Project No. 19 for certain necessary improvements for development of the Clty*s Roanoke Municipal (Noodrum) Airport and in so doing, to make certain assurances to the United St'atom. (For fall text of Resolution, see Resolution Book No. 34, page 215) Mr. Lisk moved the adoption of the Resolution, The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Messrs. Somme'Il, Lisk, Perkin~fl, Thomas, Wheeler and Mayor Webber ............................ 6. NA~S: None-~ ........... O. (Mr. TroUt absent) : , LEGISLAYlGN*BUDGET: The.City Manager submitted the follomieg report calling to tho attention of Coenoil two points with regard to the anneal budget preparation in connection with recent changes to the City Charter: *Roasoke,* Virginia March 30, 19TO Honorable Mayor and City Council Roanoke, Virginia Gentlemen: · · · With the very recent action of the General Assembly in revising the Charter of. the City as to budget preparation, ask City Council*.s note of two points, i. The res'poosibllity of budget preparation is largely shifted to my office In coordieatioe with the City Auditor. Various new working*arrangements are becoming necessary in order to adjust to the nam system. The new system will call rot considerable more time and attention by me and my office. Already ee have devoted, and properly so, more time to reviewing departmental budgets than was usual in past years. I ask City Council's indulgence over the next month or so In the C~entrated effort of preparing the bodget. Increased responsibility in bodget preparation carries increased responsiblity in administering the bvdget, One concern I have had, and I believe City Council has also had, has been as to the number and frequency of amendments to the budget ordinance through a year. A large volume of such amendments has severni effects: (1) it raises question as to the value Of much of the work that goes into the initial budget preparation; (2) it weakens the ability to hold departments, agencies, etc.. to budget control; (3) it causes most of us, perhaps, to lose track of available monies and appropriations of the City; and (4) it brings out balance the relationship of priorities with revenues which is the basic intent of the initial. budget document. It is though recognized that conditions change much more r~idly these days on almost a week-to-week basis than they did a few years ago and possibly this within itself tends to changes in fund allocations or requirements. Such changing conditions include rising c~s and changes in state or federal grant programs or availability of such programs. The tendency today has to be almost to a flexibl~ budget rather than a rigid one. However, the above comments on amending the budget still apply. In my recommendations to City Council''for b~dget ordimnce amendments I will be limited by any one or more of the following criteria which ha ye to be met: or activity already authorized in the inital budget document? 2. Is there a genuine emergency which was not or could not have been reasonably anticipated In the budget when It was adopted These comments are only for ln~rmation; Respectfully submitted, S/ Julian P. Hirst Julian F. Hirst City Manageru Mr. ~heeler moved that the report be received and filed. The motion was seconded by Mr. Link and unanimously adopted. STREETS AND ALLEYS: Council having taken under advisement a report of the City*Manager recommending that a blackt~ program In a minimum amount of $250,000.00 be added to Section O of the Zoning Ordluunce relating to Speciu! Exceptloes After Public No*lee aud Hearieg by the Board of Zoning Appeals, recommending the addition of a new Subsectiou,? covering Recording Studios provided that such.studios have no detrimental electro-magnetic effect upon neighboring property Bun*rs and be sound- ~roofed, the City Attorney submitted the folloming report suggesting the proper'morg for the proposed acm Subsectfoa~ *April 27, 1970 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia : Gentlemen: In considering the proposal mdde to the Council that an additional special exception be added tO those provided In Sec. 6. or the Cityts Zoning Ordinance, relating to C-I Office aud Institutional Districts, the Cbuucll, considering, also, the recommendations made to it by the · City Planning Commlssiou which would~attaoh certain provisos to the ,granting of a special exception permitting a recording studio use of property in such districts, the Council referred to the undersigned for opinion th~ advisability of setting out conditions or provisos upon uhich such cam special exception would be authorized. Considering the mather, I am of the opinion that not only would the provisos attached'to recording studios or other soundproducing uses intended to be authorized in C-I Districts be valid, but that condi- tions attached to such a special permit would be highly desirable, to the extent that the use specially authorized in the district not be ohJectimable to other owners or occupants of property in the same er other districts, Accordingly, I am of opinion that a seventh special exception may validly be added to those already contained in Sec. O. Of the Zoning Ordinance and which may provide as follows: ?. Recording studios, provided that such studios and appur- tenant equipment: a.Dave no elec~ro-magnetic effect outside any such studio; and b. Be sound-proofed ~s to all other properties or areas. Such an amendment to the Zoning Ordinance mill, of course, require a public hearing before the Council on the proposed amendment. Re- quisite notice of any public hearing set by the Council, together with drafts of an ordlbance by which the Council would effect such amendment will, I presume, be the responsibility of the I~rty ini- tiating the proposal to the Council., Respectfully, S/ J. N. Kincanon J, No Elncanon~ Mr.,Trout moved that Counci~ concur in the report of the City Attorney an* that a public hearing on the mater he held at 2 p.m** Monday, May 25, 1970. The motion was seconded by Mr. Wheeler and unanimously odppted. AUDITS: The City Auditor submitted a financial report of tho City of Roanoke for the month of March, 1970. Mr. Trout moved that the report be received and filed. The motion sas seconded by Mr. Perkinson and unanimously adopted. REPORTS OF COMMITTEES~ NONE. CONSIDERATION OF CLAIMS: NONE. be approved even if part of the program cannot be.carried out until after July 1, the City iaaager submitted the following report advising that ho proposes to proceed with advertising for bids for the b~ktopping of streets under List WAN costing approximately $145,000.00 which funds would come from the 1969-70 budget, the city reserving the right to extend the scope of the contract, based on the unit prices out in the proposal incorporated thereint by ordering additional quantities of like work and materials not to exceed the sum of $100t000o00, upon approval of Council, not later than July 10, 1970: "Roanoke, Virginia March 30, 1970 Honorable Mayor and.City Council Roanoke, Virginia Gentlemen: .As has been previously stated, we face the.annual difficulty .of working out the blacktop construction program in accordance with the budgeting procedures prescribed. There remains in the 1969-70 budget, as also recently advised to Coaacilt approximately $149,000. We hope to .as~ City Council for $250,000 for the 1970-71 budget, This means that in order to try for a program of $250,000 this summer, we are under. budget limitations and apparently cannot go for the bidding on the full program, Accordingly, we are proposing a system thl~ year that will be different in procedure than that followed in the past lears. The City Council was furnished two weeks ago a ~ist of streets t~at would be proposed to be blacktopped this year with the total cost estimated at $250,000. Mr. Broyles, Director Of Public Works, has broken this list down into two groups. These are: 1.List "Au costing approximately $145,000, which funds mould come from the 1969-70 budget. 2. List "BN costing approximately,$10Ow000, which funds would have to come from the 19V0~TI budget. The total listing insofar as ~he streets are concerned have been reviewed and are felt in order to be listed as those for this summer's program, The City Council received a letter from a resident family on Haple Avenue, S. M.w asking for resurfacing of that street. ~e have inspected tho street ~but do not feel that the condition is serious enough to Justify blacktopping and the expenditure. Some minor repair work should be adequate. · A review of Hadlson Avenue. N. #., between Peach Road and Fifth Streett indicates its condition to Justify inclusion and it is proposed to add it. The advertisement for bids will be only for those'.str~ets under list ~A# which would be estimated within availabtt 1969-70 funds. The bid document would contain the provision that any streets not completed by the end of the current fiscal year, June 30, 1970, would be deleted and thecontract would be con- sidered as completed with payment~ing made to the contractor on the basis of those streets of list NA# actually completed by that date and the contract would be considered as reduced by the amount of streets not completed. The advertise~eot would also contain a provision that would read as follows: qThe"City reserves the right at.its~sole ~J~i~n, to be exercised by ordinance of the City Council adopted not later than the ]0th day of July, 1970, to extend the scope of the within contractt based on the unit prices set out in the proposal Incorporated bcr~inr by ordering additlanl quantities of like work a~ materials not t o exceeds II le costa the sum of $100rO00* It shall be farther agreed'thatt if the aforesaid option to extend the scope of the mithin contract be exercised by tho City~ that the number of working days specified in the original contract shall be extended fo~ not more than 60 worhing days commencing with the notice of the City*s election of the aforesaid option and with the receipt of the City's order to proceed on snch additional work.* If the City Council mould have no objections ne mould p~o~ose to proceed to advertise On this basis. Respectfully submitted, S/ Jnlian F. Rtrst Julian F. Hirst City Managerm Mr. Thomas moved that Council concur ia the report of the City Manager. The motion was seconded by Mr. Perkiason and ananimous~y,adop~edo 5ALE OF PROPERTY: The City Manager sabnitted a written,report advising that the city is in receipt of on offer from Mr. John Do Walvond to purchase t~o parc of land om Center Avenue, N. W** described as Lots 15 and 16, Block 15, Hyde Park Land Map, Official Tax Nos. 2310907 and 231090~ for the sam of ~750.00 for each lot Mr. Perkinscn moved that the offer be referred to a committee composed of Messrso David K. Link, Chairman, Jalian F. Hlrst, James Ho Klncanon and J. Robert Thomas for stb~, report and recommendation to Council. The motion was seconded by Mr, Wheeler and unanimously adopted. PARKS AND PLAYGROUNDS: The City Manager submitted a nrltten report udvisi that the contractor expects to,start construction on the Mill Mountain Access Road within the month of April, that the contract has a time limit of 180 calendar days plus any days that the Job Js closed due to weather. Mr. Link moved that the report be received and filed. The motion was seconc by Mr. Per,Jason and unanimously adopted. RECREATION D~PARTMENT-PARK5 AND PLAYGROUNDS: The City Manager submitted the following report requesting permission to write a 'letter to the U, 5. Department of Rousing and Urban ~evelopment in order to ascertain the possible eligibility of the City of Roanoke for matching funds under the *Parks-fa-Cities', Program in connection with the proposed acquisition and development of three small parks for the purpose of providing intensive play areas for the youngpeopte of Roanoke: "Roanoke, Virginia March 30, l~70 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: We have become awaee of aprogram mithin the U. So Depa'rt~ent of Housing and Urban Development (HUO~ entitled tPurks=ln-Citles' which is administered under the Open Space Ib2gram of HUD.. Zhis program, Parks-In-Cities, provides for assistance to municipalities of 50 percent matching grants for park pcrchase and development of sites already acquired or being acquired under Hun's Open Space program within low-imco me neighborhoods of u City. ~his program further provides that an initial submission may be made in the form of u letter stating the purpose and proposal as nell as the estimated costs of such a project. Such letter would not constitute a formal application but ¸Is wuald ludicate~iuterest~lm~thiS~p~0~t~.The Federul~,Go~ raneet upo~ receipt or,this'letter build isfora-~s~to ~0 percent of'the proJec~0s~cost e~timate. If ~he Clt~'co~t'l'~es lts~lot'~.~t then It must follow.with formal application within 90 days.- At'any time,~tlor to the formal submission, the City nay terminate its conmlttmest by simply not filing a formal application,~ ~.- ...... Xt would be oar hope, Under the'intent of thls'progran~'.to file an application r0r the'acquisitlbu and development 0f three small parks of ss estfwaled approximately one-half to'one each. These'small park~ mould be designed asd~oreinted to the purpose of providing Intensive play areas fur young people the City. ~e Mould anticipate that these p~rks would he,located In aressor conceetrate~ population with ORe in the general west area ~nd another in the general ~ale AVenue--Tazewell Aveeue-~ Ninth Street, S. £., area. Due to the developed nature of these areas of Lhe City, it is anticipated that laud acquisition would be relatively high in comparison with more open space sections of the City. We place a preliminary estimated total cost of acquisition and development of these parks at approximately $1RO~O00. , This is to ask if.the City Council wou~d express any object- tiaa to a letter being sent to HUD In order to ascertain the possible eligibility of emanate for money under.this program. A final decision and a more definite decision with regard to partic t~ting in this program and any appropriation of f~nds for such participation could be deferred until the latter paF~ of June at mhich.tine the,budget.of the City would be at a.point . OF in condition as to indicate any possible availability of funds rot such participation. Respectfully submitted, $/ Julian F.' Julian F, Rlrst City #manger" Mr. #heeler moved that Council concur in the request of the City Manager. Zhe notion was seconded by Hr. P~rkinson and unanimously adopted. SEWERS AND ~TORR DeAThS: The City Manager submitted the foll~wing report requesting permission to advertise for bids on the redrllling of three drainag~ wells in the Hillianson Road section and the cleaning of a number of existlng ~ells "Ro~ke, Virginia March 30, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: There i~'attached a report to ne dated January 13~ 1970, from Mro Oroyles, Director of ~oblic Marks, advising as to the condition of three drainage wells in the Rilliamson Road area with nhlch the City has experienced trouble and for which it is felt coTreotive ~crk Is necessary as early as practical. AdditJ]nally, sene cleaning work is considered advisable on a number of other wells and it would be considered it to be nora economical to engage the-contractor to handle th~s cleaning at the same tine as the redFilliug work is done. We would like to proceed to advertise for bi~ for this work, with the bids to be brought back to the City .Council and if. Council so approves and a satisfactory bid isreceived that a contract be authorized with the application of funds under Se~er and Drain Construction as would be transferred. Respectfully submJttede $/ Julian F. Hirst Julian F. ~irst City Ranager# Mr. Tbomun muted that the report be received and filed. The motionmns seconded by Mr. ~heeler and unanimously adopked. ~' SALE OF. PROPKRTY-AODITORIUM-COLISKCM: The City Manager'submitted the fSllduiag report recommending that the City of Hoanuhe acquire from the City of Roanoke Redevelopment and Rousing Authority property located on ~illiamson Road and*Madison Avenue, N. E., to povide for additional ~arklug space for the Roanoke Civi~ Center, for the sum of $32,000.00: : "Roanoke, Virginia March 30,1970 Honorable~Mayor and City Council Roanoket Virginia Gentlemen: There is attached a letter of Hatch 13, 1970, from Mr. Russell R. Henley, Executive Director, Rede~topment.aod Housing Authority, proposing to convey to the City the Mt, Zion Church property tituated at Mllllamson Road and Madison Avenue, N. E. As previously con- sidered, this property is desirable for additional parking land for the Civic Center. The Authority has purchased,property including the c~urch structure/under Commonwealth Project UR VA. 7-1. This is the final transaction under this project. The Authority has arranged with the congregation for termination of their services and will demolish and remove the building. The City*s purchase will be of land only. The property has,lOO-foot frontage on Illliamson Road and a depth of 120.30 feet. It is considered that the price of $32,000 is reasonable. It Is recommended that the City Council favorably act upon an ordinance as is or may be prepared by the City Attorney authorizing this purchase, with appropriation of funds as may be advised by the City Auditor. Respectfully submitted, S! Julian F. Hirst Julian F. Hirst City Manager' Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~19117) AN ORDINANCE authorizin~ and providing for the City's acqulsitiot from City of Roanoke Redevelopment and Housing Authority of a certain parcel of land designated Parcel'13-E on the Map of. Commonwealth Redevelopment Project VA-T-I, situl on the west side of Nilliu~son Road, N. E.t and containing approximately 12030°0 square feet, upon certain terms and conditions; p~ov[~ for the City's execution of the grantor*s deed of conveyance to the City; and providing for an emergency. (For full text of,Ordinance, see Ordinance Rook No. 34, page 216.) Mr. ~heeler moved the adoption of the Ordinmce.- The motion mas seconded by Mr. Link and adopted by the following vote: AYES: Messrs. Lisk, Perkioson, Thomas, Wheeler and Mayor ~ebber ........5 NAYS: Mr. Boswell .................................................... 1. (Mr. Trout absent) PA~PLAN-CITY EMPLoYEEs~: Council having referred to the City-Manager for study, report and recommendation,the request of the Public Service Employees Local Union No. 1261 that the Council of the City of Roanoke authorize Mayor Roy L. Webber to appoint two disinterested citizens to supervise an elec;ion by secret ballot, at :11'3 the expense o! Public Servlco Employeqs Local Unioa No. 1261 and. to be anduc~ed prior or subsequent to regu~cr working hours, iumhich the blue collar employees of City of Roanoke will vote on the question of designating Local Ucion No. 1261 to act as their exclusive Up*be,man with the City of Ronnoke ?~ ell matters pertaining to their emplbyment, the City Manager submitted the.foil*ming report recommending that Council receive and file the request and take no action thereon: *goan~le, ¥irgfnln March 30, 1970 Honorable #eyor and City Council Roanoke, Virginia Centlqmen: , The City Council on March 23,'19~0t received and ~eferred' to me for review and report a letter, dated March 23, 1970, from Mr. M, E~:Myers, sig~ed as'Consultant, Public Service Employees Local Union Do. 1261~ Mr.~Myers made certain.proposals In his letter, including a request for action on behalf'of the Mayor or City Council to designate persons to supervise an election among employees on the.proposal that *Public,Service-Employees Local Union No. 1261 to act as your (city employees) exclusive spokesman with the City of Roanoke on'~ll matters pertaining to your employment.' I advise City ¢ou~cii os foll~s. It is felt at the outset that some clarJficatiSn of identity is in order, Mr. Myers represents and is an official of the American Federation of Labor--Congress of Industrial Organizattm (A~L-CIO). For current reference, it is th~ AFLoCIO, through one of its public employee units, that has, this past ~eek, taken the Federal government out on strike throuob the Post Office Depart- meat. An aspect of this particular situation is an,*flea'stated need to adapt the Post Office Department to an*re businesslike and efficient basis, a ma~ter to which, ! bellere, members of the AFL-CIO have stated opposition. This strike and the action of this particular public employee unit of the AFL-CIO was produced, contrary to sS-called no strike provistm$, no strike laws, a Federal court order, and both the Congress and the President of the United State~. This has been a rather considerable accomplish- ment. The AFL-CIO, through another of its public employee unit~, is also of current attention lB prgd~cing and directing the extensive strike of City employees in Atlanta, Ceorgeia, rosulting in accumulatlgns of five-six-seven days of trash and garbage in the For further current referencet note is made of an article of page 4 of tThe Roanoke ~imen', Sunday, March 22, 1970t reporting that the AFL-CI0, through public employee units, will in May of this year commence a program to.~btain the org~zation of police officers across the country Jut5 a union. Th~s this org~iza~lSn is of current note and has consii~ra~ experience in publ~c,~mployeme~, , - It Is believed that emphasis should be given to the-student 'of the 'qiestion! as set forth in Mr: Myezs* March 23 letter to ' the City Council, The question as he prcp~edl to put to the. employees Mas as ~o the AFL-CIO acting as iexclusive spokesman; . . on all matters pertaining to your employment' (underlining mine). The positive effect of this proposal and question if proceeded with ' is the recognition and establishment of union organization within the Roanoke municipal govlrnment,' It carrleg the additional result of placing the employees .of the City outside of the J uxb, diction of the government in a wide area of matters. Further It ~emov~s from employees themselves many of their own decisions. Doth the City and the employees are ~ aced into ~xclunive representatJo~ and em- ployment determination by the ;t~L-CIO. ~ To the g~ntlemen of the City Council, there are, in my opinion, five points that immediately come to mind mhen me talk about unionizing the Roanoke City.government. These are points, I feel that you, respectfully, should take deeply into consideration in any thought-that~you might have to hearing and/or encourageing unionization, whether it be thq AFL-CIO, the Teamsters Union, or mhatever uther affiliat~nn. There is a great deal that can and should be said in this matter but in the following I will endeavor to be brief. 1,'1.5 - In sim, lug'%heRe reno&lons,.l~reelioe..thok many or our Roanoke citizens are Bembers~or,varloan/unlons, ~% also re~og- ofae that 8 number~ or~unioai~and simllor orga~lzntioos have taken ao active port ia the'life pf this oommueity and have made voloable contributions to lt,~ % do not ioteod to down- grade or speak against-these people or their organizations. This is certainly not th~ object of these commoots, . ' ~. ~h~'ir.,~ri~~ ~,;l~.~,b~ 1,bo; ~,~'. l. ,,,~ ln, t.,,. served valuable purposes ia iorko health aid safety reforml mhlch end shills~have produced social, professional and other membership afflllatioSa taut perhopa indlvldEls could not h~e otherwise · obtained. There is om the other side o! the cois the sltuatloos, often of considerable publicity, wberefo unions hate beep partially or totally lacking lB many mat~ers reloliog to their own housekeeping. Irrespective ortkese observatloos on this matter t~e Issue currently before us is of onions in local government amd io particular our The five Immediate poiots ore these: lit. If the Roanoke government accepts labo~ union affi~liati~n, directly'or Indirectly, then the. government, and all con- cerned mlth decisions and direction of the, government's policy ond administration most loteroally adjust to a coq~etely oem system of operation. This b~comes a matter of reorganiz~tlon. many decisions now being mode by the Gity Gou~cil itself and by the Git% Manager, the department heads, the con- stltntioool officers, the so~errisorn a~d the employeeo them- s~lves will no longer be mode by them or us. These will become decisions to be determined and made by the AFb-CIO through its Stone and ~ational offices. $~ch decisions relote not only to personnel, pay plans, job ossignments, clossifica- tion ondmork schedules but go over into municipol progroms, proJect~, budgets and ~ host of a~pects of %he efforts related to the funct~ning of government for the community. Ratters of adjustm~nt'and assignment of personnel or reorgnni- nation, for efficiency or adapting to me, operations all be- come of necessity revised to odapt to comple~el% new procedures, It is significant os to the reoction' of the community and the government In the matter of the strikethot 0courted lost August ~nvolvlng the air line pilots and ~iedmont Airlines. Irrespective of the merits o% either side of this ~ase, it Is of note that It alarmed the. City of Roanoke and neighboring communities to the extent that some $5,000 to $6,000 was expanded of publlcfuods to secure representation of the public interest in the coort$ ~n the ~le aspect In the ~ho~e matter of afl in- Junction, ~nd. If any o~ us, ~ bel~evet were to make a list o~ those are pressing needs of our City, ~p could probably come ~p with at least 100 differeFt items. .These are things that are p~essJng for out tiret our energies, and our goveFnnenta~ money. A list would on17 start with--control of cri~eo* housing, neighborhpod develop=eot, refuse disposal and landfi~e work efticiency~ budgetss new equipment, community relations, education, streets and%highwayS, employee tra~ng pr~amst employee benefit programs, fire safety, downtown development, annexation~ salaries and wages, Valley cooperation, air pollu- T~eseare community needs and continuing needs. If such a l~st were made,'and could be ranked 1, 2, am sure,hat, the establishment of ~o~ onions w~thln the City Yet, what would happen ~ unions were established or even the ;*utter now before CoUncil ~ege proceeded wit'h, would be that particular item of the establishment of labor unions Mould move to the top o~ the list. To approach the for;ation of on~ or. more unions is not so~ething that one says do and then forgets it. Experiences elsewhere thorbughly demonstrate, that the care~ custody and association of and with unions In government ~s a full*time occupation, tremefldously demanding on time, energies and ~kl,lls. ~hus this item moves from the bottom of a needs ~lnt~o~.the top of aa atteh~lha.lie~ThS unay o~her ltems','thet~peYhnp~eople or~he~cowwehity reel ere~rewehdo~ly repot*est to'thewS- are:p~hbbd down ~ th*sepals*cia*ed Ui~bin nnd responsible for itt geveruHnt~ " ' ~ ~ ~: · · A systewo~ prior/ties o~ cescerm'~onid beSom*ltv*levant-and believe that to au err,r* to e~ectively purahe~the opere~inn and ignore many of these other thingn'.thet~the City should he doing,' : The attention asd~reqnfrem~ats.o~ inlOaiaatlon,~er the porpesal of unioniaation, represents i-very co'sslderable'dewand~pon the .time and attentiob o! the gotbrnneat. It would become necessary, Jn my opinion, that there would be established ~n additional should be employed on a continuing retainer ba~ specialist attorneys to assist iu representing the City In the Myriad of matters that would develop. 3rd. Government by its inception and its existence is on. the principle and practice that the people of the community determine their courses of direction. Through, their.duly elected representatives-- city and town councils and b~ds of supervisors~the people decide what they want for their community and how It b to operate. The overlying purpose of local goverbment is that the people can provide for themselves, For their health,-safety and general Employees ~ho work within local government have an obligation, within reason, to serve the health, safety and general welfare of the citizens eh* are their employers*- Obviously,,there are many consideration that must be given to employees within governmest. But I do not believe that within the City of Roan*he we are dealing here with something that cm es about or that must occur us a necessity of due violations of employee considerations because I do not feel such violations prevail. of employees undeF union directiont control supervision and vesponsiblity, then someone other than the people of the community becomes the directing ~orce of the Clt~ government. This,so.eon* would be the AFL-CIO with offices in distant cities and with polfcymakers distant'from the community.- These offices and union representatives would be neither'responsible for or affecte~ by matters of the health, safety and general · welfare of the community. Their In**restate co~pletely diffe- rent and totally personal. In eh*Fi, beither the people of the community nor the employees health, safety and general welfare the most important and the only elements of decision. These factors become seoa~dary. 4th. This,point relates to the employees themselves of the City, Comments as to the a~feCt on them have been nad* in the abo?e~ These people who work for the City, who see that the martyr many Jabs are done and who are directly responsible · every reasonable cnnstd~tion and attention. Probably few people feel that they taw the best job in the world usually the grass looks greener on the ether side oF some fence. This is just as true ~OF those who work and have tn. make decisions ns those who work and carry out decisions. Everybody would like to have just a little bit more, whether it be anotbe~ dollaF of pay or another day of vacation, But ~or ny*Fy person that thinks Mm*one else has It a little better, are usually one or more eh* would swap with him OF her. .X believe -the City of Roanoke has moved well ~or its employees in recent years. Zbelia~e It [s still moyiog~ell. What a person earns should be'his o~n ~or hinsel~ or herself and his or her ~amily, The right to decide ail o~ these things should be between Cityl which is t~e employees, and the e~ployees..Someone else should not make the decisions for either of them. 5th. This has to do with the legal side o~ the matter. Others can better speak or write on this i~ the time comes. The legal aide is not the point now. The things now are the other four points. ~ firmly reco~ended that the City Council receive and file the referenced letteF of March 1~, 19TO, and take no action thereon. Respectfully submitted, S/ Julian F. Hirst Julian F. Hire* City manager" I Mr~ R, E~#yerse'Coasultaato Public Service Employees Local Union No. 1261 appeared before the body aid requested that action es the matter be deferred until a formal reply cae be made to the report of the Cit~ Manager.' . In this connectiono Mayor Mebber presented a coanaafcatfon from Mr. Arnold Schlossberg, Attoruey~ representing the blue collar morhers~and Public Service Employees Local Union Ho. 1261, setting out his views on the matter, Afte~ a~discussion orthe matter, ~r. Mheeler moved that the,communication from Mr. Schlossberg aid the report of the City Manager be taken under advisement pending a formal reply from the Public'Service £mployees Local Union,No. 1261 to the City Manager. The motion mas secooded by Mr. Bosmell and unanimously adopted. BUDGET-MATER DEPARTMENT-AUDITORIUM-COLISEUM: The City Manager submitted the following report recommending'that ~5,190,00 be appropriated to cover the cost of furnishing-necessary meters and water c~nnections from the street mains to the property line of the Roanoke Civic Center: "Roanoke, Virginia March 30, 1970 Honorable Mawr ~nd City Council Roanoke, Virginia Gentlemen: Atthe'time of~tbe organization ~or the program for the Bond Issue and construction of the Civic Center, it mas the declsl6n of the project committee and the City Council that the'City mould assume the cost of water Connections and me'ers necessary to serve the facility. This mould-be the connections from the street mains to the property line. From the property line on into the building are the responsibilities of the contractor. The Mater Department advises that the foil*ming are necessary: One 6' domestic water service and meter $20700 Two 6" Fire Department water services and meters e ~1,245 2,490 ~5,190 It is recommecded that the City Council by'budget ordinance amendment provide for the appropriation within the Ceneral Fund of this sum to be paid into the Mater Department to authorize these installations. Respectfully submitted, S/ Julian F. Hlrst Julian F. Hirst City Manager~ fL appearing t~at *fun~s are avall~le iff the budget for this purpose, Mr. Mheeler moved that Council concur in the recommendation of the City'Manager and that he be authorized to proceed wi~h the installation of water connections and meters necessary ~o serve the Roanoke Civic Center. The motion Mos seconded by Mr. Thomas and unanimously odopt~d. STATE HICH~AVS~ The City Manager submitted the following report recommend that a suggestion be made to the Virginia Department of Highways to accept the most recent bid received and award a contract for the construction of U. S. Route 220, lu the amount of $761,458.91: ng · .- Ruroh 30, 1970 Honorable Moyor and City Council Roanoke, VirgUle · The'Vlrgimin DePortment or Rlghmays has advertised for bids for the reconstruction and improvement of Franklin Road from approxlmflel! RcClonohan Street~south.to the South Corporate Limits three times, In each instance of bidding, ouly.a single bid bus been.received by.the Department and each of the bids have been within approximately ~3,000 of each Others The most recent hidt Just received andoa which ~761,458.91, ' . ~ The Department has considered each of the bids to be above their preliminary engineering estimate of the cost of the project to such an extec.t..that the State, upon its As the City Council kn~ms,'this project has been one of longstanding; in fact, its history goes back approximately ten years mltb u yarlety of occurrences related to it that have caused it to not be accomplished up to this time, It is considered that the improvement of this secant of the higbmay Is lunrnasiqgly necessary to trofflc and safety. Math the completion.of the section of Franklin Road now uuder constructio betxeeu RcClanaban Street and the Roano~ River, this project milt be more needed es a w/deaed and reconstructed link between the considerable distance of improved highways. The City bas for several years held up certain maintenance and resurfacing on this section pending the project. About two years ,ago a section of sanitary sewer line mas lm~alled underneath a portion Of Franklin Road in this area ia anticipation Of the project. · Zhe City has for several yqars held up certain mintenance aud~resurfacing on t~is section pendin9 the project. About two years ago a section of sanitary semer line was hstalled underneath a portion of Franklin Road in this area in anticipation of the project. I ~ave asked the City Attorney to prepare a resolution by Mhich the City Council moula soggest to the Highway Department its acceptance of the most recent bid and au award of the contract on this,basis. It is .impossible that the interest of the City nj~ght be of support to t~e Highway Department in its actions on the current bid. Oar estimate of the cost' of this project is as follows: Construction ~ 761,459.91 Engineering ~ Conttngencie~ ~60145.69 Right of Way 1~9.362.75 Total Applying tbe'City*s ~hare as being 15 percent of construction and of engineering aqd contingencies and 25 percent of right of way, thetotal estimated share of the City would be $170,475.42. The City has appropriated to the project $175,395.4~. Approximate ~2,300 ~ould have to be retained for installation of fire alarm cable. Your consideration of this is invited. Respectfully submitted, 5/ Julian F. Hirst Julian F. Hirst City Manager# Mr. Llsk moved that Council concur in the recommendation of the City ManaG and,offered the following Resolution: (;1911~) A RESOLUTION requesting the ¥tr~lnia Department of Highways to accept a certain bid made for construction of U. $. Route 2~O, Project 0220-128-102t C-501, pE~IOI, RW-201, ond &ward controct'thereoa; end com~t;t%%'lhg;t~e- City to participate with the Commotwealth of Virginia la payment of the entire cost of said project to theexteat of fifteen percent, (15~)~ thereof, (For full test'of Resolution, see Resolution Booh~No, 34, page217,) Mr, Lisk moved the adoption of'the Resolution, The motion was seconded by Mr, Thomas and adolted by the foil*ming vote: AYES: Messrs. Boswell* Lash, Perkins*no Thomas, Wheeler and~Mayor Webber ......................... 6. NAYS: None ..........O, (Mr, Trout absent) BUDGET~I~PABTMENT OF PUBLIC MELFAR~: The.City,Manager submitted the following report transmitting the 1970-71 budget request of the Deportment of Public Melfare: "Roanoke, Virginia March 30, 1970 Honorable Mayor and City Council RoanoheoVirgiula Gentlemen: Under the procedure as has been understood in past recent years, the City Council has asked that the Department of Public Melfare budget come to the Couccl~before being foremarded to the State Department of Melfare and Institutions in Richmocd. The State requires that the local buds.ti come into them by April 1 in order that they can commence reviewing them, can begin to evaluate'the amount of funds that are required amd then hopefully he able to respond as to their possible provision of fudds in time for the~local governments to be able to*make final adoption of their budgets by the end of the fiscal years. '! attach herewith a copy of the budge~ as prepared by the Department Of Public Melfare for the City together with the work sheet enclosures indicating the method of deriving the Public Assistance Account estlmatess' I have,reviewed this budget with the-Director and Superintendent of the Department. Our review has been only preliminary in nature and this.budget does not constitute a formal or final recommendation to the City · Council., I think we still want additional work on it to determine the City's capability and to determine how the extent to which it or a portion of it can be worked into the total City budget for Unless the City Council would have obJectioct I would like to be able to go ahead and forward this budget to. Richmond so will not be time lost in,this regard. This.does not nor is it intended to in anyway imply approval or concurrence by City Council in the budget-but I am merely foil*ming the instruction that has been given to me in the past and wish to keep the various processes going in the interest of time. - Respectfully sub.ted, S/ Julian F. Birst Juline F.,Hirst City Manager" After a discussion of the matter, Mr. Wheeler moved that the proposed buds be referred back to the City Manager for further review with the Department of Publi Welfare with a view of reducing and said budget in keeping with anticipated revenue of the City of Roanoke for the fiscal year 1970-71. The motion was seconded by Mr. Boswell and umimously adopted. ~ ., AUDITORIOR-COLISBU#: Coescil havisg seferred.to tho CltyAttoraey and the City Auditor for cossideratioo s report of the City Manager recommending tea sdditio to Ordinance No, 16569~ approving a schedele of rstes and charges for use of the Roasohe Civic Center.and u form of agreement.to be entered Into with the.users theft a form of promotios agreement; u schedule of rates for the Roanoke Civic Center- Auditorium "Mezzsnine Loung~" a Sunday sch~dule'of~rates for use of the Roanoke . Civic Center; a schedule of charges for equipment nad services; nod a list of ten provisions to apply ia operating the box office, the City Attorney acd the City Auditor subaltted a Joint report transmitting an Ordiaasce whidm legally establishes the Ci~ Center Bepsrtmeete .provides for the appointment of the head Of such depart. meat, defines his duties and responsibilitiese provides for promotion of certain performances by said department for the City of Roanoke and for advancements and guarantees of payments ia connection therewith and advising that the provision of rate schedulese procedures for renta~ of the Mezzanlce Lounge and the Sunda~ rates are still under study and a future report w~ll be submitted thereon, Mr. Perkiason moved that Council concur in the report.of the Clt~ Attorney and the City Auditor and offered the following emergency O~Iinsnce: (~19119) A~ ORDIN~C£ to amend Title VIII, Public Buildings and Property, Of the Code ~f the City of Roanoke, 1956, as amended, by the addition of u new ehapt to be numbered Chapter 9, ~roviding for the Civic Center Department as an administra department of the City; defining the functions which said department is to administe providing for the appointment of the head of such department and defining his duties and responsibilities; authorizin9 the arrangement or engagement of shows, plays per- formaaces, exhibitions and other entertainments to promote the use of the Roanoke Civic Center; and ~rovldlng for an emergency. (For full text of Ordinance, see Ordinance Book No. 34,.page 216.) Mr. Perkinson moved the adoption of the Ordinance, The motion was seconde~ by Mr. Thomas and adopted by the following vote: At thiz polnt~ Mr. Trout entered the meeting~ AYES: -Messrs. Lisk, Perkinson, Thomas, Mheeler and Mayor Mebber ..... S. NAYS:' Mr. Boswell ................ (Mr. Trout not voting) REPORTS OF COMMITTEES: SALE OF PROPERT~-~UNICIPAL BUILDING: Council having referred to a committ composed of Mr. James O..Trout, Chairman, Mr. J. Robert Thomas, Mr. Julian F. Hirst and Dr. Roy I. Alcorn for study, report and recommendation on the possible use and allocation of space in the former Reid a~d Cutshall Building, the committee submitte the following report: ~Roante, ¥trglnia Rarch 30, 1970 Honorable Mayor and Cl~y Council Roanoke, ¥irginia Gentlemen: ire . Your appo~ako~ c~m~l~lpO hms keld~ tuo. meethgs to consider and disou~a is detail the~saible use mud ]llocation or space In tho building ~rbcently~ac~iired by. the Clky at the soothuest corner of Third SO.bet e~d ~aepbell Aveame, being'the former Reid and Cutsh'all Building, · . .~ . ~, ~ That-committee''h~r t~' benefit ~t~ a' de~a~led r~o~t pre- pared by the school system as to ~ta requireweats for space for its administrative and-associated officeso: Doctor Alcorne Superintendent of Schoolst. as · wember, of-your, oowmittee, prenebted th~ needs of the achool, ayutem Stating hfs viemn that the entire floor, space o! the hsildlnb would be n~cessary to adequately, accommodate.the school offices=or that-in the absence o! the availability of this. building or all of it or of ~nlf a portion of it that the City should monsider a provision of comparable space elsewhere. A possible arrangeuent for the distribution of space within this building is outlined on the attachment to this report. The position or the schools is that under this arrangement their accomuodatiou would be an interim arrangement until what the schools consider to be more adequate space could be provided,'It is the consensus of the committee that the City Council should meet Math the School Board to hear the school,s presentation Of Its requirements. This re~ort and the attachments are (oruar~ed for the · consideration 6f the City Council. Res~ectfuly submitted, S/ James O. Trout, Jones O. Trout, ~hairmafl S! Roy A. Aicorn Roy A. Altars Superintendent of Schools S/ J. Robert Thomas J. Robert Thomas City Auditor S! Julian F. Rirst Julian F. Hiram City Manager" Mr. Trout moved that Council toke thc report under advisement for further consideration in 1970-71 budget stud~. ~he notion ~as seconded by Rt. Wheeler and adopted, Rr. Boswell Voting .no. ROAnOkE G~S COMPANY-WATER DEPARTRENT: Council having referred to a com- mittee composed o~ Ressrs. David K. Ll~k, ~hai/man, Vincent S. Wheeler, Frank N. Perhinson, Jr., James N. Eincanon and Julian F. Hlrst for study, report and recom- mendation a report of the City Manage~ transmitting a proposal of the Roanoke Gas Coupany for the purchase of a ~O-foot per~anent easement and ~O-f.oot temporary construction easement across a portion of the Carvlns Cove Watershed in connection with its plans to ~onstruct a gas main feeder line.~ the committee submitted the following report ~ecommefldlflg that the request be granted: 'Roanoke~Virginia March. 30, 19~O Honorable Mayor and City, Council Roanoke, Virginia Gentlemen: * The Roanoke Cas Company appeared bef~u the City Council, March 1~70, submitting a proposal for the c~ssing of a portion of the CJtyts Car,ins Cove'ls~pert'~ mith n gas.transmissl0n.line; ~he proposal mas for a~12Llech Melded~stbbl~gas maie~fbbde~llue~ubieh Weald be a portiou, or;a',~]or'.~¥oJeet ~of'thb~as Cubpo~7 r~r~a.liue~rrom'Trinlty la,Boteioart-C~ahty;to'eobneeiiou mith,the bxlstiug~Gas~Comphn~ facilities be~meeh Ronnote and Salem~ 'The'undersigned Uer, e'eppoleted as a special coumittee to meet mith the CUmphny; The committee has met Un.several ucc&miens mith represeotativen or the Roanoke Gas Conphn~ and aabmit~thic report, '' ' . The gas line mill. cross the southeast portion or the Car*Ins Cove Reservolr-proper~y'for a distance, of approximately'14,216 feet, The Company ho~ given ever~ assurance to the CIty of extra ordipar~ construction and special maintenance end operating pr*oced~res ihciad~ lng ~alve facilities on*thn section or line as it mould pass through the reservoir property in the interest of the protection of the The committee recommends to the City Council that a permit agree- meat he'*entered into with the Gas Company for a period of 24 years~ The permissl~n mould be rot a permanent easement 30 feet wide plus a temporary easement for construction purposes*of an additional 20 feet. Payment to the City mould be a~ a rate o[ $450 per mile per year. ?hfs annaal amount Is calculated from the existing franchise agreement mbich the Gas Comppny has mith the City or Roanoke ~or its facilities mlthin' the City. In.addition, the Company mould pa~ l. lump sum, With the signing of the agreement, $849. b3 for sam timber and $242,S5 ~Ur pulpwood, a total,of $1,0~2.10t for this'timber as mould be cut for the construc- tion and permanent occupancy. The permit agreement mould include all such terms and conditions as mead be determined'by the Clt~ Attorney, the City Manager and the Manager-of the Water Department and as would be mutually agreed by maintenance of the line that in no instance and at no time mould it be detrimental or potentially detrimental to the City*s mater supply. ~e reconnend that the,appropriate officials 6f the City confeF with representatives Of the Gas Company for the preparation of an ordinance to be returned to the City Council. Respectfully submitted, S/ David K. Link David K. Lisk, Cbairnan S! Frank N. Perkinson Frank N. Perginson S! Vincent 5. Wheeler Vincent S. Wheeler S/ Julian F. Hlrst Julian F. HiFstn A~ter a discussion of the ~atter, Mr. Link moved that ~ounoil concur in the recommendation of the co~ittee and that the matter b~ referred to the City Attorney for preparation of the proper measure. The motion ~as seconded by Mr. Wheeler. and adopted, Mr. Bos~ell voting no, UNFINISHED BUSINESS: NONE. CONSIOEHATION OF CLAIMS:, NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLU~FIONS: ZONING: Ordinance No. 19094, rezoning approxlnatel~ 3.85 acres o~ land located on Montrose Avenue, S.,~., between l~th Street and 14th Street, described as Lots 1 - ~ inclusive, BLock 2~ ~urner Markley Map, and Lot 14, Block 1, W. P. Wild Map, Official Tax Nos. 42207Ole 422~04 - 422070~, inclusive, 4220711, 42207~7 - ,4220T44, locleaive~ 4220313 - 42~031§, lao~aalve,:~rnm RD, /~plex Bealden$1al Diairi, to RG-2. G~neral'Re~ldentia~ Olstric~.baviog previoual~ bee~ Serore Council.for its first reading, r~ad end leid over~uns again before the body. Wr. Wheeler offering the folbuiag for its second reading and final adoption: (e19094) AN ORDINANCE to amend Title XVt Chapter 4.1. Section 2 of The Code of the City of. goanohe. 19S6, aa amended, and Sheet We. 422. Sectional 1966 Zone Napt ~ity of Ronnoket.ie relation to Zoning. (For f~ll text of Ordinance. see Ordinance Book 34. page 'Mr. Wheeler m~ved the adoption of th~ Ordinance. The motion was seconded by Mr. Trout and adopted by t~e following vote: AYES: aessra. Link. eerk~nson. Thomast Trout. Wheeler and Hayer Webber ............. ~ ...... L ....... L .......... L ..... NAYS: Mr. Boswell ............. L ......... 1. ZONING: Ordinance No. 19096. r~zoning property located on the sooth side of Woods Avenue. we~t of Franklin Road. S. W.. described as Lot 4. Block 14. O~fi~ial Tax No. 1030904. Hap of Exchange Building and Investment Company. from aC-2 General Residential OfstFIcie to C-I. Office and Institutional Bfstrlct. having previously been before Council for its first ~ding. read ~nd laid ~ver. was again before the' bodyt Hr. Wheeler offering the following for its second re~d~ng and final adoptio~ (u19096) A~ ORDINANCE to amend 11tie XV. Chapter 4.1. Section 2. of The Code of the City of Roauohe. i9S6. a~ amende~, and Sheet No. 103. Sectional 1966 Zone Hap. City of Roanoke. in rel'[tlon t~ Zoning. (For full text of Ordinance. see Ordinance Book No. 34. page 208.) Wt. Wheeler meted the adoptl~n of the Ordinance. The motion was s~coAded by Wt. Thomas end a~opt~d by the following vote: ' AYES: Hessrs. Li~k, Perkinson, Thomas, Trout, Wheeler and He'or Nebber ................................. NAYS: #r~ aosme~l ...... ~ ......... -~--1. ' ZOninG: Ordinance ~o. 19097,' amending and reordaf~fag certain subsections of Section 12t I~M, Industrial Development Dtstrlct, Section '13, LH~ Light Manufactul ing District, and Section 14, HH~ Heavy Hanufacturin~ Districtt of Article Dlatrict Regulattons~ Chapter 4.1~ Title XY~ relating to Zoning~ of The Code of the City ~f Roano~es 1~, as amended, which subsections provide c~rtain district zoning ~egula~ions and authorize certain special exception~ after public ~notfce and hearing by the Board of Zoning Appeals with ~espect to~he u~e ~f properties located in the IDN District, the bM District and the~HM ~istrlct~havJng previoosly been before Counc~ ~or Its ~r~ read~flg, ~e'ad and laid over'~ ~as again before the body, bisk o~fer~ng the following for its second reading and final adopti6n; '' (a19097) ~ ORDINANCE amending and reordninlag certain subsections of Sec. ZDM - Industrial'Development District; Sec. 13o LM - Light Mannfa~turing.Oistrict amd Sec..14. BM -'Heavy Manufacturing District. of'Article IV. District Megnlatlons, Chapter 4.1. of Title XVo relating to Zoning. of the Code of the City of Roanoke0 1956. as amended, which snbsectlpns provide certain district zoning regulatt~s and authorize certain special exceptions after public notice and hearing by the Board or 2cuing Appeals with.respect to the use,of properties located la IBM ~ Industrial Development Districts. LM - Light Manufacturing Dlstrlctn..and in HM - Hearf Manu- facturing Districts. (For fhll text of Ordinance. See Ordinance Book No. 34. page 209.) Mr. Link moved tie adoption of the Ordinance. The motion man seconded bl Mr. ~heeler amd adopted by the foil,ming vote: AYES: Messrs. Boswell. Lisk. Perkins,n. Thomas. Trout. Nheeler and Mayor ~ebber ............................ ?. NAYS: None ...................O. SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No, 19109, permitting a temporary encroachment Jato the sidemalk and street area of Lafayette Boulevard, N. for a distance of approximately four feet of three concrete steps and a concrete erected on L~t Be Block 3, as shown Da the Hap ~f Villa' Heights, upon certain terms and conditbn$~ hav~g previously been before Council for its first readingr=read:and laid.bver, mas again before the body, Hr. Thomas offering the follom~ng for its second reading and final adoption: '(u19109) )~ ORDINA~C£ ~ermitting a temporary encroachment into the side- walk and street are~ of ~afayette Boul~¥ard, N. N.', for ~ distance of approximately four (4) feet of three certain concrete steps and a concrete wall erecMd off Lot 8t Block 3, as shown on the Rap of Villa Heights, upon certain terns and conditions. (For full text o} Ordlnancet see Ordinance ~ook No. 34, page ~12.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by ~r. Trout and adopted by the following vote: AYES: Messrs~ Boswell, ~isk, Perkinson, Thomas, Trout, ~heeler and Vayor Webber .............................7. NAYS: None ......................0.' ' ' PLAnNInG: 'Council hav~ng directed the City Attorney to prepare the proper measnr~ ezpressing th~ approval of the Counci~ of the C'tty of Roanoke of an amendme~ by the Board of supervisors of Roanoke C~unty of s'ub~ectlon (11~), paragraph A., of Section II1 of the Roanoke County Land Subdivision' Ordinance, adopted June 21, 1954, he presented same; wh~eupon, Mr. Perhinson offered the follo~ing ResollLJon: (~19120) A RESOLUTION expressing the approval of this governing body of an amendment by the Board of ~pervinors of Roanoke County of subsection (11), paragraph A,, of Section III of th; Roanoke County Lan~ Subdivision Ordinance, adopt~ June 211 1954. (For full text of Resolution, see Resolution Book No~ 34, page 220,) Mr. Perkinson woved the e~optlou o~ the Resolution, The motion was ~xecouded by Mr. Wheeler and odopted b~ the following vote: · ~ AYES: Messrs. Boswell, Llskt Perkinsont Thomnso Trout, Wheeler and Mayor Robber .............................. NAYS: Nose ..............O. MOriONS AND MISCELLANEOUS BUSINESS: · · TRAFFIC: Mrs, Zaaaa K, McMaoaway, 2515 Broad Street, N. Mb, appeered the bod7. ond pointed out that the street traffic lines which are painted in August are'all too soon obliterated beginningln D~cember by snow tires and snow chains and recommended, that the trnffic lines be painted in April so that they woold be visible all during the summer for better safety. Mr, Wheeler moved that the matter I~ereferred to the City Manager for bis consideration. The motion wos seconded by Mr. Trout and uaoimously adopted. BUD6ET-PAY PLAN-CITV EMPLOYEES: Mrs. Zamau ~. McManaway, 251~ Broad Str, N. ~., appeared before the bod~ and recommended that the Iow paid cit~ ~mplo{ees be given a higher percentage salar~ increase and that the higher paid city emplo{ees be granted a lower percentage salary inc~me, Mr. Wheeler moved that the matter be referred to 19~0-71 budget stud~. Th, notion was seconded b~ Mr. Trout and un~nouml{ adopted. SEWERS AND S~O~M DRA~S-AIR POLL~ION: Mr. Boswell called to the often,lo of Council that warn wen,boris fast approaching and that all th~ members of Council have received complaints in the past fFOn residents In the southeast area couplainin, about odors emanating From the'S~wage Treatueat Plant and raised t~e question as to whether OF not there is some wa~ Council can help the Cit~ Manager do some~ug~out the complaints. Ia ~ discussion of the uatter, the Cit~ Manager pointed out that there is no ual to make the Sewage ~reatment Plant completel~ free from odor, that the atnos- pheric conditions contribute a great deal to the conditions in th~ area, that if the humidit7 is low the oder Is picked up and moves as a cloud th~ ughout the valley. There being no further business, Ma~or Webber declared the meeting adjourned. APPROVED ~a~or COUNCIL, REGULAR REETING, Monday, April,6, 19~0. The Council of t~e Clti 9f R,aa,ko ~et in.regular peeting ia the Council Chamber in the Municipal Building. Monday. April 6. 1970. at 2 p.m.. the regular meeting hour. mttk Neyor Mebber preuidlng. PRESENT: Councilmen J,be ~. BosmelX. Frank N. Perkinsoa. Jr** Hampton M. Thomas. James p~ TFou~. Vincent S. Rheel~r and Mnyo~ Roy L. ~ehberr ....... 6. ABSENT: Councilman David E. Link ...............................I. OFFICERS PRESEN~F: Mr. Julian F. Hires. City Manager. Mr. Byron £. Honer. Assistant City Manager. gr. Janes N. Elncanon. City Attorney. and Mr. J. Robert Th,ems. City Auditor. I~VOCATfON: The eeeliag mss opened uith a prayer by the Revegend Ned M. Cruupack~r. Pastor. Ninth Street Churc~ of the Brethren. MINUTE$~ Copy of the minut~a of ~he regular meeting held on Monday. March 16. 1970. having been furnished each member of Council. on motion of Mr. Thomas. seconded b~ Br. Trout and unaniuously adopted, the reading thereof ~as dispensed uith and the minutes approved aa recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SE~EBS AND ~'FORM D~AIN$: Pursuant to notice of Mvertlsement for bids Avenue and Maiden Lane. S. #.. ~ld proposals to be received by the City Clerk until 2 p.m., Monday. April 6, 1970, and to be opened at that hour before Council, Mayor ~ebber asked if anyone had any questions about the advertiaement and no representa- tive present raisin9 any question, the Mayor instructed the City Clerk tc proceed with the opening of the bids: ~hereupon, the City Clerk opened and repd the folloain bids: Bidder proposal No. I Proposal No. II Draper Construction Company - $ $$.45~,00 $ 56.942.00 Hudgins G Pn~e - 69.632.00 67.123.50 Aaron J. Conner General Contractor. inc. - 73,456.00 ?0,095.$2 BraAch ~ Associates, Inc. - 83,831.68 93,729.22 MF~ Pevkinson moved that the bid~ be referred to a committee to be appointed by the Ma~or for tabulation, reportand reccumefldation to Council, the Clt? Attorney to prepare the proper measure, or ~eaaures, in accordance with the ,muusly adopted. STREETS AND ALLEYS-AUDiTORIUM-COLISEUM: Council having set e public hear- in9 for 2 p.~.. Monday, April 6. 1970. on the request of the City of Roam ke that a portion of Couvtland Road. N. E., extending from the southerly line of Orange Avenue to the ~esterly line of Wflliamson Road, N. E., be mcoted, discontinued and closed. Is this coseectios~ the City Planning Commission submitted the folloaJng report recommenchg them the request be grented~ 'March 19, 19TO The Honorable Roy L. #ebber. Mayor sed Members of City Council Roanoke, Virginia Gentlemen: The above cited request mas considered by the Planning Commis- sion nt its regular'meeting or March lO, 19TO. At this meeting Mr. Sam McGhee. Acting City £nglaeero anted the baals for this street closure: 1. This reqnest~mos Initiated by the State flighsey Department in connecting with both the widening of Orange Avenue, and the general improvement of the Orange Aveoue-lilliemson Road intersection. 2. The City has acquired the filling station east of this street nod a large amount or the property included here ia con- Junction math the street closure mill be included h the new Civic Center Perking Lot. After due consideration of this request by the Planning Commis- sion motion was made. duly seconded and approved to recommend to City Council that this request be approved. Very truly yonrn. S! John fl. Parrot /by LW John H. Parrot Chairman* Yhe vieuers appointed to study the matter submitted n uritten report advising that ~hey have viemed the portion of Courtland Road in question and tbs neighboring property and are unanimously of tbs opinion no inconvenience mould resul! either to amy individual or to the public from vacating, discontinuing and closing Tbs City Attorney advised ConncJl that since the City of Roam ke is In the process of acquirhg land in the area for additional parking space for the Roanoke Civic Center the pnblic hearing should be closed and the question of vacating. discontinuing and closing the portion of Courtland Road be bald in abeyance pending determination of the ownership of the laud abutting Said portion of Courtland Road. Mr. Wheeler moved that Council concur in the recommendati~ of the City Attorney that the public hearing be closed and the proposed Ordinance providing for the closing Of the portion of Courtlaud Road be held in abeyance pending determinatl, ion the o~nership of the land abutting said portion of Courtlnnd Road. The motion mas seconded by Mr. Trout and unanimously adopted. PETITIONS AND COMMUNICATIONS: SPECIAL PERMITS-STREETS AND ALLEYS: A communication from the Roanoke Engraving Company, requesting perwiss~ to encroach four inches on city property in front of 420-424 Luck Avenue, S. #** for the purpose of installing a modern front on the building at this location, mas before Council. Mr. lheeler moved thot the litter be referred to the City #manger for study aport ned recommendstl~ to Couacilo The motion mss seconded b7 Mr. Trout sad unanimously odopted. ZONING: A comuunlcotlon from Mr. Murray A. Stoller, Attorney, represent leg Mr. John R. Frye. et mx.. requesting that property locsted on Morrill Avenue. S. E., described os Lot 9. Block 15, Section A. Buena Visit Lurid Company. Official Tax No. 4141619. be rezooed from RD. Duplex Residential District, to C-l, Office and Insti- tutional District, mos before Council. Mr. Thomas moved that the requeet for retorting be referred to 8e City Planning Commission for study, report nnd recommendat~n to Council. The motion mos seconded by Mr. Rbeeler and unanimously odo~ ed.' BUDGET-STATE COMPENSATION BOARD-COMMONWEALTH'S ATTORNEY: Copy of the budg~ request of the Commonwealth's Attorney for the fiscal year beginnin9 July 1. 1970. mas before Council. Mr. Thomas moved that the budget request be received and filed. The motion was seconded by Mr. Trout and unanimously ad~pted. flUDDET-STATE COMPENSATION BOARD-COMMISSIONER OF THE REVENUE: Copy of S. communication from Mr. Jerome S. Howard, Jr., Commissioner of the Revenue, addressed to the State Compensation Board traflsmitting his budget request icy the fiscal year beginning July 1, 1970. mas before Council. Mr. Thomas moved that the communication and budget request be received and filed. The motion was seconded by Mr. Trout and unanimously adopted, BUDGET-STATE COMPENSATION BOARD-CITY TREASURER: Copy of the budget of t he City Treasurer for the fiscal year beginning July 1, 1970, mas before Council. Mr~ Thomas moved that the budget request be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. SALE OF PROPERTY: A communication from Mr. G. Keen Campbell, Chairman, Board of Directors. Holloa Creek Swim Club, offering to sell the Hollow Creek Swim Club located at 133 Borshberger Road, N. N., to the City of Roanoke at a price of $70,000.00, mas before COuncil. " Mr. Trout moved that the communication be-received and filed. The motion mas seconded by Mr. Perkinson and unanimously adopted. HEALTHDEPART~Ef~f: A communication from Mr. Joseph C. Brown, Administra- tive Assistant, Health Department, in connection*with o recent audit conducted by the Department of Health, Education and Relieve for the periods ended June SO, 1967, and February 29, 1968, coocerfltag home Health Service visits made while the City of Roanoke Health Department was a direct provider under the Social Security Adninistrn- tion, said audit disctosing that the City of Roanoke was due $54b.00. which amount has nom been properly deposited in the Office of the City Treasurer, was bet re Counct Mr* Thomas moved tknt the communication be received and filed. The motion mss seconded b~ Mr. Trout end ueeeimousl! adopted, BUDGET-STATE COMPENSATION BOARD-COMRONgEALTB*S ATTORNEY: Copy of a communication frsm the State COmpensation Board* advising this the Compensation Board has approved the request or the Commonuealth*s Attorney to employ Mr. Michael M. Collins et nn annual rmte'ofSB,dO0.O0, effective March 16, 1970, to replace Mr, Rol B. Millett mbo resigned as AsnJstmt Commonmenlth*n Attorney effective March 31, 1970~ uss before Ceuncil. Mr. Perkinson moved Sheathe communication be received nnd filed. The motion was seconded by Mr. Rheeler and unanimously adopted. SALE OF PROPERTY:= A communication from Mr. Janes M, #llllnms, Jr,, offer- ing to ~uvchnse n triangular parcel of land owned by the City of Roanoke lying betmeen Cellowoy Street nnd Redmood Avenue, N. V.. described as Waltz Land Rap. Official Tax No. 2160¢15, mas before Council. Mr. Wheeler moved that~e request be referred to a committee composed of Messrs. David K. Lisk, Chairman, Julian F. Nirst, James N. Kincanon and J. Robert Thomas for study, report end recommendation to Council. The motion mas seconded by Mr. Perkinson and nnaeinnusly adopted. TRAFFIC: A communication from Mr. John O. Atkins, Pastor, Belmont Christian Church, complaining of a traffic hazard at llth Street and JnmJson Avenue S. E.. and offering several suggestions ns to hum the condition can be corrected. mas before Council. Mr. Rheeler moved that the matter be referred tothe City Mnnnger for stud and report to Council. The motion was seconded by Mr. Thomas and unanimously adopted. REPORTS OF OFFICERS: BUDGET: The C'ity Manager submitted the following report recommendin9 the transfer of funds in va-ions accounts of the 1969-70 budget: "Roam~e. Virginia April 6, 1970 Honorable Mayor and City Council Roanoke. Virginia Uentlemeo: The City Auditor has reported the folloning operatino accounts to be overdremn by ~e folloming amounts: Oepartment 10, Auditor Object Code lA, Overtime $600.00 Department 19, Juvenile and Domestic Relations Court-Object Code Printing nnd Office Supplies 73.31 Department 39, City Nome Object Code 36, Printing and Office Supplies 7.64 Department 47, Fire Object Code 20, Utilities 139.69 ~.29 Oepartment.SB,.Street Repair Object Code lA, Overtime . 90. i0 Department 62, Seam Removal Object Code 40, Mater Fuel aid'Lubricants 867,41 Department 69, Refuse Collection end Dffpeael, object Code 20, Utilities 772,73 Research o! other object codes uitbin the above departments Department 10, Auditor, transfer $1500 from Object Code 62, Office Furniture old £qofpueot, ~eu, to Object Cede IA, OrertJme. $600 from Object Code 21, Fees for Profeasionel end Special Services to Object Code 36, Printing ~ Office Supplies. Deportme~39, CRt! Roue, {ransrer $75 from Object Code 40, Supplies. Oeporsment 47, Fire. transfer $2000 from Object Code 29, Department 58, Street Repair, transfer $200 from Object Code 28, Department 62, Seen Removal. transfer $1500 from ObJect Code Department 69. Refuse Collection and Disposal, transfer Object Code 20. Otllities. S/Julian F. Hlrst Ranaoer and offered the follomJng emergency Ordinance: Appropriation Ordinance, and pro~iding for an emergency. (For fall text of Ordinance, see Ordinance Book No. 34. page 221.) 'Mosooke, Virginia ;:~... · . April 6,:1970 Rouoruble Major aid City Council. Roanoke,~ Virgbau The Virginia Legislature iu its recent session established n neu J~diclol~posttfou.iu the 20thJudiciul CirCuit Court,:thea selheihd~ Thomas S. Fox, III, to fill that position. As Judge Fox alii be uctivel~*performJng the functions of u Circuit Court Judge during the mont~ or April, it Is encumbered upon the City of Rcmohe to provide the nqcecuury furniture and budget uith which to perform tqis function. We have in~luded mitb the Agenda copies of the necessary budget documents covering the remaining period of fiscal year 1969-?0, It mould be asked that City Council by budget ordinance appropriate to Department I?-A. Circuit Court. the amount of $4,2BI.35 to ~e various object codes as shown on Budget Form 1. Respectfully submitted. S/ Julian F. Hirst Julian F. Hirst City Manager" Mr. Thomas moved that Council concur in the recommendation of the City Man~ er and offered the following emergency Ordinance: (~19122) AN ORDINANCE to amend and reordsin Section al7 A. "Circuit Cour of the 1969-70 Appropriation Ordinance, and providing for an emergency. (For full text,of Ordinance. see OrdJnnnce Hook No. 34. page 222.) Mr. Thomas moved the adoption of the Ordinance, The motion nas seconded by Mr. Trout and adopted by the folloming vote: Webber ................................. 6. NAYS: None ..................O. (Mr. Link absent) In this connection, Mr. Trout offered the fcllouing Resolution relating to the division between the City of Roanoke, the. County of Roanoke and the City of Salem of the salaries and expenses of the Courts of the Twentieth Judicial Circuit of ¥irginia: (g19123) A RESOLUTION relating to ~e division between thc City of Roanoke the County of Roanoke and the City of Salem of the salaries and expenses of the Courts of the Tnentieth Judicial Circuit of ¥irginia. (For full text of Resolution, see Resolution Rook No. 34, page 223.) Mr. Trout moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYESi Messrs. Boswell, Perkinson. Thomas, Trout, Wheeler and Mayor Webber ................................. · WAYS: None ......... ~ ........ O. (Mr. Link absent) STATE HIGHWAYS: The City Manager submitted a written report recommending the adoption of a Resolution requesLing the Virginia Department of Highways to ncquiw right of way for the Tenth Street Project between Patterson Avenue, S. W** and Moorman Road, N. W. Hr. Wheeler moved that Council concur in the recommendation or the Cia! Bnnager and offered the f,Il,ming ReaolnUon~ (n19124) & RESOLUTION requesting the State Highway Cowaiacioner to ncqulr the necessary rights-of=uny for Project D000-120~IOI-RW=201. within the corporate faits of the City; nad gnnrooteeing to reiwburce the State Blghuny Depnrment for fifteen percent (15~) of Ill coats incurred in such acquisition. (For full text of Resolution. see Resolution Book No. -34, page 225.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Wccsrs. Boswell, Perkins,n, Th,nas, Trout. Wheeler end Mayor Webber ................................. 6. NAYS: None ..................O. (Rt. Llsk absent) FlEE DEPARTMEP~T: The City Wannger submitted a written report transmitting the annual report of the Fire Department for 1969. Mr. Wheeler moved that the report be received and filed. The mot l~l Ual seconded by Mr. Thomas and unanimously adopted. PENSIONS: The City Manager aubmitted a written report transmitting the resignation of Mr. David S. Ferguson, Personnel Director, as a member of the of Trustees for the Employees' Retirement System cf the City of Roanoke, Virginia, effective April 3, 1970, since he is leaving the employment of the City. of Roanoke On ~at date: Mr. Perklnson moved that the report be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. ZO~ING: Council having refevved to the City Planning Commission for study, report and recommendation the request of Mr. Barry L. Eard that property located on the south side of Humbert Avenue, S. W., east of 12 1/2 Street, described ~ Lots 2 and 3, Block 23. Wasena Corporation, Official Tax Bus. 1231502 and 1231503, be from RD, Duplex Residential District, to aG-I, General Residential District, the CSt Planning Commission submitted u written report recommend~fl that the request for rezonin9 be denied. In this connection, a communication from Wro Barry L. Ward, vequesth9 that a public hearing on the maY. er be held, was before Council. Mr. Trout woved that a public hearing cn t~ request for resuming be held at 2 p.mo, gondayo Wsy 4, 1970. The motion was seconded by Br. Wheeler and annuimou! ly adc[ted. ZONING: Council ha?in9 referred to the City Planning Commission f~ur study report and recommendation the requestof Wv. Samuel P. Nackley, et mx., Er. Philip W, Sanders, et ax.. and Mr. ha her G. Cf,use, et ax., that eight parcels of located on the south side of Zburston Avenue. N. W., described as Lots 27 - 34. inclusive. Block B,,Official Tax Nos. 3070250 - 3070253. inclusive. Willismson Groves Map. be res,ned from RD, Duplex Residential District, to C-2. General Comm~ c District, the Clt! Plcnning CcaaJssioo subuitted o .ritten report recouuendino thet unoniaoesl~ adopted. report ond recomtend~tloc the r~qoest or Messrs. Richard H. Fisher and Fraak L. Reid and 1160131. and Lot. R, Block 1. Goll}hon AdditlonoOfficiol Tax No. 1660110. be 133 'Roanoke, ¥JroimJn April 6, 1970 Honorable Mayor end City Couoc~ RQeuohe, ¥irgH& Gentlemen: Arte~ due end proper odverlisement, bids mere received on Tuesday, March 31, 1970, for lhe sale of lmo lots on Eing George Areoae. S. W., Ronoohe, ¥irgiafs. Three sealed bids mere recefred fur the purchase o! Lots 4 iud 5. Seotiou 4, Janette Lsad Company, City Tax Appsaisal Nos. 1140116 end 1140117. The bid Omen o; 329 Reit Maim Street. Salem. ¥JrgJnlS. Jn the amount of $1051.50 mae high, shale lower bids in the amount or $750 and $620 respectively were received fro. Mr. O. S. Ferguaon of Roanoke and Mr. G. E. icQuire of Salem, ¥irginio. It is the recommendation of your committee that City Council accept the bid of Mr. B. W. alee for these Omo lots end upon payment of the bid amount convey this property to Mr. Omen. at the same time Council should reject the two lower bids. Respectfully submitted, S/ David E. Lleko David K. Lisk, Chairman S/ J. Robert Thomas J. Robert Thomas S/ James N. Kincenon James ~. Kincunon S/ Julian F. Nirst Julian F. Hirst Nc. ~heeler moved that Council concur in the recommendation Of te committe~ nd that the follouin9 Ordinance be placed upon its first reading: (~19125) AN ORDINASCE authorizing the City*s sale and conveyance of Lets and 5, Section 4, Map of Janette Land Company. Official Nos. 114011~ end 1140117, pon certain terms and provisions; and rejecting certain other bids. #NEREAS. the City is the numar of the lands hereinafter described which. ~eing held as surplus property and not needed for public purposes, were recently dFertised for sale on the basis of sealed bids to be made to the City; and ~HEREAS, the Council~ Real Estate Committee has reported to the Council nder date of April 6, 1970, that, in response, to the aforesaid sdvertisement, three. ealed bids were made to the Cry for the purchase of said lands, which said bids were period in the office of the CityOs Purchasing Agent and thereafter were considered nd studied by said Committee; and ~REREAS, said Real Estate Committee has reported to the Council ~at the bid ereinafter described and accepted was the best bid received by the City for the urchuse of said properties, end said Committee bas recommended that the same be ccepted and that conveyance of the title to said properties to the highest bidder be othorized and directed on the terms advertised and stated in said bid. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of B. W. Omen to purchase and acquire from the City Lets 4 and 5, Section 4, Map of I35: 3esette Land CoupUnyo being Offloial ~or. 1140116 and 1140117, for u consideration of $1,051.50, cash, upon ~elivery of the City'*a deed of conveyance be, nad raid bid is hereby ACCEP'f£O; and the cfa! Clerk skull rD notify raid bidder by transmittal of ua attested copy of 1his ordinance. BE IT FARTHER ORDAINED that the Mayor he, and he ia hereby uutboriaed and eapouered, for and on behalf of the City, to execute to the aforeraid purcharer, or to uhomsoever said purchaser rhall direct in ~ftlng. a proper deed of conveyance drat by the City Attorney conveying to said purc~ase~ the tee'simple tit~e to each afore- said lot, ruth deed to contain the City*s'Speoial Warranty of title, the 'conveyance to be made subject to recorded restrictions, conveyances and conditions, and 19TO taxes to be prorated from date of del imry of the City*a deed and assessed on said lots in the name of the aforesaid purchaser or purchasers; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of conveyant the City's corporate seal and to attest the same, both said officials to thereafter acknouledge their signatures os provided by laB. BE IT FURTHER ORDAINED that. upon payment to ~e City of the full sum of $1.OSI.SO. cash. by or on behalf of the aforesaid purchaser, the City Clerk be, and ia hereby authorized to deliver to said purchaser or his authorized representative the City's deed of cunseyance executed as above provided. DE IT' FURTHER ORDAINED that the proposals of the other bidders for the purch~e of said properties be, and the sase urn hereby REJEC?ED~ thd City Clerk to aD nasa'fy each of' auld other bidders and to express to each the City's uppreciatim of said bids. The uotloa nas seceded by Re. Perkinson and adopted by th e following vote: AYES: Messrs. Bosaell. Perkinson. Zhouas, Trout, ~hee~er and Mayor Rebber .................................... NAYS: None .....................O. (Mr. Lisk absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. Ih~RODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLU'flONS: ROANOKE U~S CORPANT-SPECIAL PERMITS: Council havin~ directed the City ~ttorney to prepare the proper neasure authorizing the Roanoke Gas Conpany to pnrchas 30-foot pernanent easenent and u 20-foot temporary con~ruction easenent acrosr ortion of the Caevina Cove Nutershed in connection ~ith its plans to construct a lur hain feeder line. he presented's~ne. In this ~on~ection. the City Manager and the City A~torney expr~sred the request that they ~ould like t o have the Ordinance placed upon its first ~nding or defer action thereon until Mr. N. L. Hazelorove. Attorney. representing the Roanoke Gus Company~ has had an opportunity to appear before Cou~cR to discuss certuin portio of the p~oposed Ordinance. In view of the request of the Cit~ Manager and the City Attorney, Mr. Perhiesoe moved them actium em the Ordinssce be deferred Indefinitely. The motion wes seconded by Hr. Thomas end uaeelm~asly adopted. MOTIONS AND MISCELLANEOUS BUSINESS: INTEGRATION-SEGREGATION: Pursuant to Resolution No. 190T6. providing for the appointment of a Fair EmploIment Practices Connittee. Mayor Webber advised that t has appointed Mr. Herbert S. Kurehan. Mr, J. B. Spnrlock, Jr., Mr. William C. Thomas Mrs. Mary M. Williams end Mr. Palmer K. St.Clair es members of said Committee. Mr. Thomas moved that Council concur In the appointments made by Mayor Webber. The motion .as seconded by Mr. Perkfnson and unanimously ado ~ ed. ROA]OKE CITY ARTS COMMISSION-MUNICIPAL BUILDING-PARKS AND PLAYGROUNDS- SCHOOLS-AUDITORIUM-COLISEUM: Pursuant to Resolution No. 19109, providing for the appointment of a committee to advise Council nith reference to the establishment of a City of Roanoke Arts Commission pursuant to Section 63 of t he City Charter. Mayor Webber advised that he has appointed Mr. Frank N. Perkinsou, Jr.. Mr. Eldon L. Kart Mrs. Betty H. Tlsinger. Mr. Frank H. Ilill, Jr., Mr. Robert M. Shannon. Mr. Peter Wreden, Mr. W. L. Mhitnell and Mr. John W. Cressy os members of said Committee. MF. Wheeler moved that Council concur.in the appointments made by Mayor Webber. The motion was seconded by Mr. Trout and unanimously adopted. CITIZENS ADIVSORY COMMITTEE: Mayor Webber advised that the terms of Mrs. Lottie M. Mealy. Mr. George E. Riddick, Mr. John T. Sayers, Mr. George M. Harrii Jr.. the Reverend R. R. Wi~inson. Mr. James E. Robertson, Mr. C. Lenis Pitzet. Jr.. Mr. E. C. Moomam. Mr. N. A. Melvin, Mrs. Bonnie K. Lone, Mr. Peyton R. KeDs, Mr. Thomas L. Hutson, Mr. L. Graham Haynie, Jr.. Mrs. Cordelia S. Williams, Mr. J. E. Dudley, Sr., Mr. E. L. Bgyse and Mr. A. A. Akers mill expire on April 6, 1970, that Mr. Keller, Mr. Haynie, Mr. Pitzer and Mr. Sayers have declined to serve another and called for nominations to fill the vacancies. Mr. Wheelw placed in nominatkn the names of Mrs. Lottie M. Mealy, George £. Riddick. George W. Harris, Jr.. the Reverend R. R. Wiiiuson, James R. Robettson. E. C. Mooman. N. A. Melvin. Mrs. Bonnie K. Lone, Thomas L. Humana, Mrs. Cordelia S. Milliams. 3. E. Dudley, Sr., E. L. Bayse and A. A. Akers. There bein9 no further nominations. Mrs. Lottie M. Mealy, Mr. George E. Riddick, Mr. OeuvRe W. Harris. Jr.. the Reverend R. R. Wilkinson. Mr. James E. Robertson, Mr. E. C. Muumuu, Mr. N. A. Melvin. Mrs. Bonnie K. Lows, Mr. Thomas L. Humana. Mrs. Cordelia S. Williams. Mr. J. E. Dudley, Sr., Mr. E. L. Bayse, and Mr. A. A. Akers were reelected as members of the Citizms Advisory Committee for terms of tau years each. beginning April 15. 1970, by the folloming vote: FOR MRS. NEELY, MR. RIDDICK, MR. HARRIS, REVEREND WILKINSON, I~. ROBERTSON MR. MOOMAW, MR. MELVXN, MRS. LOWE, MR. HUTSON, MRS. WILLIAMS, MR. DUDLEY, MR. BAYSE, AND MR. AKERS: Messrs. Boswell. Perkinson. Thomas, Trout, Wheeler and Mayor Webber .................. 6. (Mr. Lisk absent) ~137 Mr. Wheeler then moved theL the rout voconclej creoted by the resignotioos John T* Su~ers. #r. C. Louis Pltzer, Jr** Hr. Peyton R. Keller ned Hr. L. Grobsa Hsynie. Jr., be deferred one meek. The motion mos seconded by Hr. Thneo$ and unanimously adopted, There being no further business, Malor Webber declared the meeting .adjourn- ed. · APP'ROVED , City.Clerk CO(JHCILo RE~ULA~JdEETIWG, Rouday, April 13. 1970, The Council of the City of Roanoke met in regular meeting in the Council Chamber la the ~gufclpal Hoildieg, Monday, April 13, 1970, at 2 p.m** the regular meeting hour, with Hayer Mebber presiding. . PRESENT: Councilmen John M. Boswell, David E. Llsko Frank N. Perkins Jr** 'Hampton M. Thomas, James O. Trout, Vincent S. ~heeler end Mayor Roy L. Mebber ......................... 7. ABSENT: None ........O. OFFICERS FI~SENT: Mr. Julian P. Hits,, City Manager, Mr. Byron E. Hamer, Assistant City Mauuger, Mr. James N, ~inoauon, City AttoFney, and Mr. J, Hobe~t Tho~, City Audit IN¥OCATIOW: The meeting mas opened with a prayer by the Rarer*nd William Reliance, Jr., Associate Pastor, Christ Lutheran Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, March 23, 1970, having been furnished each member of Council, on motion of Mr. Lisk, Seconded by Mr. Thomas and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: /STREETS AND AI. LEYS: Pursuant to notice of advertisement for bids on pavit of streets at various locations in the City of Roanoke, said propcmls to be received by the City Clerk until 2 p.m., Monday, A~ril 13, 1970, and to be opened at that hour before Council, Mayor Mebber asked if anyone had any questions about the ad- vertisement, and no representative pre~eut raising any question, the Mayor instruct* the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Adams Construction Company and Virginia Asphalt Paving Company, Incorporated - $14R,564.00 S. R. Draper Paving Company - 154,166.00 John A. Hall 6 Company, Incorporated - 159,640.00 Mr. Perkinson moved that the bids be referred to a committee to be appoint by the Mayor for tabu latie~, report and recommendatieu t o Council, the City Att oreey to prepare the proper measure in accordance with the recommendation of the committee The motion was seconded by Mr. Lisk and uanimously adopted. Mayor Mebber appointed Messrs. Byron E. Hamer, Chairman, and H. Cletus Rte/les as members of the committee. SEWERS AND STORM BRAINS: Pursuant to notice of advertisment for bids on redrllliog and alterations to three drainage sells in the Williumson Road area which involves cleaning out other malls in the same areas, said proposals to be received by the City Clerk until 2 pom., Monday, April 13, 1970, and to be opened at that hour befCre Couocilt Mayor Mebber asked if anyone had any questions about the advertisement, end no representative presser raising any questlont the Meyer lnstruc tho City Clerk to proceed with the opening or the bide; mhe~eupon, the City Clerh opened and rend the one bid received from Frahh W, Martin Drilling Company, in the amount of $8,791.50. Mr. Lisk moved that the bid be referred to a committee,to be appointed by tko,Mayor for study, report and recommendation to Cosacll, the City Attorney Lo prepare the proper measure in accordance with the recommendation of the committee The motion was seconded by Mr. Perkinson and unanimously adopted, Mayor Webber appointed Messrs. Byron K. Hamer, Chairmnn, R. Cletun Broyle~ and Samuel H, McGhee, Ill, ns members of the committee. AIRPORT:. Pursuant to notice of advertisement for bids,on the reconstruct~ of ramp at Hangar No. 11 and 12 at Roanoke Municipal (moodrum) Airport, enid propon~ to be received by the City Clerk until 2 p.m., Monday, April 13, 1970, and to be opened at that hour before Council, Mayor Mebber asked if anyone hod 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 nnd rend the following bids: Rodges Lumber Corporation ~30,309.22 H ~ S Construction Company 30,957.80 Frye Huilding Company 34,242.00 John A. Hall ~ Company, Incorporated 36,527.76 Barton ~ Sons Company ,- S9,490.00 #r. Link moved that the bids be referred to a committee to be appointed by the Mayor for ~bulation, 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. Perkinson and unanimously adopted. Mayor Webber appointed Messrs. Byron E. Hamer, Chairman, Marshall L. Harris nnd Samuel H. McGhee, III, as members of the committee. DEPARTMENT OF PUBLIC WELFARE: Rrm. Rache~ Akers, Chairman, Citizens Advisory Committee on Aid to Oependent Children and Child Welfare Services, appeare¢ be~ore the body and read a prepared statement asking that serious consideration he given to the 1970-71 budget request of the Department of Public Welfare as originally submitted. Rt. Troht~moved that the statement be received and filed, The notion wan seconded by Er. Perkinson and unanimously adopted. PETITIONS AND COMRUNICATIONS: CITY GOYER~ENT: A communication from the Honorable Park Chung Hoe, pressing appreciation to the citizens of the City of Roanoke for the tboughtful gift of the key to t.he city sent to him in commemoration of the fourth WonJu Day and vising that Wonju will bbserve Roanoke Day in Mayo 1970, was before Council. Hr. ~heeler moved that ,the communication be received and filed. The matt ~aa seconded by Mr. Trout and unanimously adopted. i39 ¸ed In,this,conoectlone a certificate a~arding s charter to the .citizens of ~oanoke, Virginia. in recognition of their contribution to International understeedi evidenced by their community affiliation mith ~onJu, ~oreat was also before the body, Mr. Wheeler moved that the certificate be received and r£1ed.. The motion mas seconded by Mr, Trout and unanimously adopted, STRKKT LIGHT~: A communication from the AppalachianPower Company, trans- mitting a list of street lights Installed and/or remored d~rieg the month of March, 1970, mas before Council. Mr, Thomas moved that the commonicntion be received and filed. The motion mas seconded by Mr. Trout and uanimously adopted. SII~MALK, CURB AND (~TTER: A petition signed by nine i~nperty owners in the 2000 block of Mount Vernon Road, S, N., complaining of the condition of the curb in that block caused primarily by flooding at the intersection of Mount Vernon Road and Brandon Avenue and expressing the opinion that the maintannce of the curb is the responsibility of the city, was before Council. Mr. Thomas moved that the matter he.farted to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Mheeler and unanimously adopted. JO~ENI~E AND DORESTIC RELATIONS COURT: A communication from Mrs. A, B. Camper, Chair'man** Youth Commission, advising that ~njor James B. B~pps whose term expires April 30, 1971, has been transferred and is no longer a resident of the City of Roanoke; expres~in9 the opinion that the unexpired term of former Co~l~anJames E, Jones ending April 30, 1970, should be filled by naming a present member of Council to succeed Mr. Jones for a new term of 3 years beginning May 1, 1970; suggesting that Council ma~ misb to name some young people to the Youth Commission or may prefer that they be invited to participate in meetings by the Commission; end recommending that since she Js uuable to provide the leadership needed Council either name a new Chairn of the Youth Commission or as soon as the new members are appointed that the Commissi elect its own Chairman and Secretary, was befGre Council. Mr. Link moved that Council take the communication under advisement in connection wit~ the appointment of members of the Youth Commission for terms beginni~ May 1, 1970. The motion mas.seconded by Mr. ~heeler and unanimously adopted. RECREAYXON I~PARTM~: A petition signed by 108 citizens, expressing the opinion that the building and facilities at the Grandin Court Recreation Center are most iqadequate for the 500 to'600 persons using it each week, was be~Pe Council. Mr. Thomas moved that the matter be~ferred t o the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. STATE HIGHWAYS: A communication from Dr. Theodore W, Banks, requesting a progress r~port on the status of the project for State Route 115 and, if possible, the projected date on which construction will begin, was before Council. 141 Mr. Wheeler moved that the matter be referred to the City Rannger for a progress report to Council, The moti6n mas seconded by Mr. Trout and uaaulmously adopted, STREETS AND ALLEYS: An application from #r. C. Richard Craawell, Attorne! representing Bulliogtoe and Company, Incorporatede and Mr. William J, Causmaa, et us requesting that a portion of 25th Street, S, W** lying between the westerly side of Carolina Avenue and the easterly side of a 12 foot alley running through the center of Blocks 2§ and 29, Map of Crlstai Springs, be vacated, discontinued and closed, was. before Council. Mr. Thomas offered the following Resolution providing for the appointment of viewers in connection with the application for closing the street: (o19126) A R£SOLUTION providing for the appointment of five viewers in connection with the application of Bulling*on and Company, Inc,t William J. Gausman and Anna B. 6ausman to permanently vacate, discontinue and close that portion of 2S~h Street, S. Wot lying between the ~esterly side of Carolina Avenuet S. W., and the easterly side of a 12 it, alley running through the center of, Blocks 26 and 29, according to Map of Crystal Springs, in the City of Roanoke, Virginia. (For full text of Resolution, see Resolution Book No. 34, page 225.) Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Messrs. Boswell, Lash, Perkinscn, Thomas, Trout, Wheeler and Mayor Webber ..................... 7. NAYS: None ............ O. Mr. Perkinson then oared that the nat*er be referred to the City Planning Commlss~m for s~dy, report and recommendation t o Council. The motioe~as aeconded by Rt. LaRk, and una~ously adopted. STREETS AND ALLEYS: An application from Mr. John Ho Rennett, Jr., representing Mr. Alfred Beckley, Jr., et ux., reque~t/ng that a portion of a street located on the southwest corner of Walnut Avenue and Sylvan Road, S, E., be vacated, discontinued and closed,, was be~-~Councll, Hr. Wheeler offered the following Resolution providing for the appointment of viewers-in connection with the application for closing the portion of the street: (a19127) A RESOLUTION providing for the appointment of five freeholders, any three of whom may actt as viewers in connection with the application of Alfred Beckley, Jr. and Ketu~ah P. Beckley, husband and wife, to vacate, discontinue and close permanently a portion of a street in the City of Roanoke at the southmest of Walnut Avenue, Southeast, and Sylvan Road, Southeast, as nora particularly shown on the plat of survey dated Rarch 30, 1970, by David Dick and Harry A. Wall, Civil Engineers and Surveyor. (For full text of Resolution, see Resolution Book No, 34, page 226°) Hr. Hheeler moved the adoption of the Resolution,. The un*ion, mos seconded ~y Hr, Thomas nnd adopted by the following vote: AYES: Messrs. Rosmelle Lish, Perhicson, Thomas, Trout, Wheeler and Hayer Yebber ..................? .......... NAYS:, Hone ..... ~ ....... r ....... O, Hr, Hheeler .then moved thaT.the matter be~eferred to tho City Planning Commission for study, report and recommendation to Council, The mo*lOC was seconded :by Hr, Thomas and unanimously adopted. PLA~NIHG-ZOHIHO: A communication from ~r. H. ~eywood Fralla, Attorney, representing Fralin and Haldron, Incorporated, advising that his client.desires to purchase property fronting IOO feet on the north side of Salem Avenue, S. H., 205 feet on the east side of llth Street, S. N., and 100 feet on the south side of Norfol Avenue, S. ~., for the purpose of remodeling into single-family dwellings the ten duplex dwellings presently located thereon, mhich have been condemned to be razed by th~ City of Roanoke and to sell the remodeled single-family dm~tlings to, lomer income anomalies; however, the Subdivision Ordinance provides that property owned by one common owner cannot be sold in lots with a frontage of less than 60 feet and the Zoning Ordinance provides that property located in a Light ~anufacturing District be remodeled and sold as a. residcuce, and requesting that Council study, the Subdlvis! Ordinance and the Zoning Ordinance in lieu of the proposed project and make a report as to whether it considers, the project worthwhile and, if so, mhether it considers it beneficial to the cA*it the developer and the low-income families to amend said Ordinance so as to permit such a project, was before Council. After a discussion of the questiont Mr, Thomas moved that the matter he referred to the City Planning Commission for study, report and recommendation to Coun~l. The motion mas seconded by Mr. Rheeler and unanimously adopted. REPORYS OF OFFICERS: RUD6ET-CITY M~NA(~R: Council having adopted, an Ordinance amending the Pay Plan to provide for. the employment of a Boundary Coordinating Assistant, the City Manager submitted the following report requesting *ha $575.00 be appropriated to Office Furniture and Equipment - New and $62.00 to Communications in the 196g-70 budget of the City Manager to provide funds for furniture to be used in the Office o~ the RoundaryCoordtnattflg Assistant: "Roanoke, Virginia April 13, lg?O Honorable'Rayor and ~lty Council Roanoke, Virginia 6antietam: .Recently members of City Council, approved the establishment of the position of Boundary Coordln at or Assistant in the office of the City Manager. At the time the position was established, quiremects other than salary. It is planned to establish a separate office for this function, where records, charts, and other information relativ~ to this at i 143 activity may he kept and displayed, To do this, it would be asked that City Council appropriate funds for the purchase of the necessary furniture to furnish this office, The following Items are needed: I Desk I Swivel-type Chair 2 Arm Chairs I File Cabinet I . Desk Lamp I Metal Table I Telephone Itwould be asked that City Council by budget ordinance appro- priate$S?S to City Manager Department No. 3, Object Code 62, Office Furniture, New and $62 to Object Code .22, Communications for the installation and use of a telephone. Respectfully submitted, S/ Julian F, Hlrst Julian F, Hirst City Manager" Mr. Lisk moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (=19128) AN ORDINANCE to amend and reordain Section c3, "Manager," of the 1969-70 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance BOOk NO. 34, page 229o) Mr. Llsk moved the adoption of the Ordinance.. The motion was seconded by Mr, Thomas and adopted by the foil*ming vote: AYES: Messrs. Boswell, Liskf Perkins,n, Thomas, Trout, ~heeler and Mayor Webber .................................7. NAYS: None .................. O. BUDGI~T-GARAGE-AIRPORT: The City Manager submitted a written rep*ri'tee- commending that $225.00 be transferred from Insurance in the 1969-70 budget of the Garage and appropriated to Insurance in the 1969-70 budget of the Airportt to pr,rig funds for the airport liability insurance coverage for a 12 months p&riod beginning February 9, 1970. Mr. Perkl~son moved that Council concur tn the recommendation of the City Ranager and offered'the following emergency Ordinance: (m19129) AN OROINA~CE to amend and reordaln Sections =?1, "Garage," arid #65, #Airport," of the 1969-T0 Appropriation Ordinance, and providing for an emer- gency. (For full text of Ordinance, see Ordinance Book No. 34, page 230.) Rro Perkinson moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vo~e: AYES: Messrs. Boswell, Llsk, Perkins*n, Thomas, Trout, Rheeler and M~yor ~ebber ......................7. NAYS:, None .............. O. BUDGET-AUDITORIUM-COLISEUM-CITY MANAGER: The City Manager submitted a written report recommending that $300.00 be transferred from Travel in the 1969-70 badge* of the Civic Center to Travel in the 1969-70 budget of the City Manager and that $150.00 be trnnsferr~d from Truvel in the budget of the Civic Center to Educatl In the budget of the City laulger. %.Mr. Wheeler moved that Council concur is the recommendation of the City Manager and offered the following emergency Ordiunuce~ (m19130) AN ORDINANCE to amend and reorduin Sections x77, "Civic Center," and aS, *Clt~ Managere# Of the lg6g*70 Appropriation Ordinance, and providing for an emergency. (For 'full text of Ordinance, see Ordinance Book No. 34, page 230.) Mr, Wheeler moved the adoption of the Ordhance. The motion was seconded by Mr. Trout 'and adopted by the following vote: AYES: Messrs. Boswell, Link, Perkinsont Thomas, Trout, Wheeler and Mayor Webber .............~- ........ 7. NAYS: None ...............O. HUD~T-SCHOOLS: The City Manager submitted u written report transmitting the proposed local budget of Virginia Western Community College for 1970-71 in the total amount of $60,q00.00, the College requesting that the City of Roanoke appro- priate its share o~ the proposed budget in th~ amount Of ~27t357.00. In this conuectiont. Mr. Henry £. Thomas, Vice Chairmant Virginia Western Community College, appeared before the body and presented a summary of the 19~0-71. bddget request of t.he College. After a discussion Of the request, Mr. Link moved that the matter be referred to 1970-71 budget study. Zbe me,ion was seconded by Mr. Wheeler and unanimously adopted. SALE OF PROPERTY-SCHOOLS: Council having referred to the City Manager for studyt report and recommendation the question of supervised recreation by the Depart- meet of Parks and Recreation on school playgrounds after school hours, Ge City Manage submitted the following report with regard to same: 'Rouse he, Virginia April 13, 1970 Honorable Mayor and C~ty Co~ncil ROanoke, Virginia Gentlemen: On November 10, 1~, the City Council had on its Agenda a discussion in regard to a request that had come from tug groups .from the southeast area of the City requesting that the City pur- chase privately owned lots adjacent to the Belmont Elementary School for playground space, In the course of the discussion, there developed a question, as it has several times in the past on the same matter, as to. the extent to which lots available to the school or school grounds are usable during school play periods or after hours, T~e City. Council. had.received a petition submitted by resi- dents adjoining Belmont School objecting to the City*s purchasing this property, stating that their objection did not relate to school use during school hoars but rather to conditions that developed after school hours when playgrounds arq used and, as they stated, oftentimes by adults she have%run their children off. The City Council th~n brought up the question as to supervision of school playgrounds after school hours and the extent to which they could be usable for recreation programs. You referred the matter to us for study and report Os to supervision of playgrounds after school hours. 145 I attach an naalyils prepared by Hr, John A, Hemson, Superin- tendent of Becreatioo, 6f each of the school properties in the City and their usability for playground purposes, Wv. Hewacn also reflecta on the last page the cost of the program, *1. Addison: Large plnygroundo football field may be used for hinds of outdoor sports'including sar,bail; baseball, trach, ekco Very good, I recommend It excellent for supervised afternoon play sessions. Free from traffic. 2. floQker T. Wa~hlno. Jr. Very small area and not recommended for play but Washington Park nearby tabes the overflow and I Booker T. area. 2 aaperTlsorso 3. Breckinrldqe Jvflior filch SchgQT Excellent possibilities for outdoor activities and is highly recommended as a supervised playground. - Traffic free. All activities possibilities. 2 supervisors. 4. Falrylew Elementary The grounds, over the hill0 are too hilly and snail. I do not recommend this school ground as a satisfactory supervised area, 5. Forest Park Elementary Playground is too small. This area is not recommended. 6.. ~Gilmer - school closed 7. Harrison - area is too.snail. I do not recommend supervised play there, Hlohland Park - Play area that could accommodate a very limited outdoor program. ! do not recommend supervised play. Highland Park could handle all.the recreational needs. 9. Hurt Park - Very small, Building (expansion) took.~away some of the play-area, however0 the area on-the ~rounds together with the area that surrounds the Bur, Park Project would afford an area that mould warrant supervised play.. Traffic free. I male 10. Lincoln Terrace - An area in back of school affords a snail playground but again supervision in Mashing,on Park would tahe care of those in that area. ll.. London - Definitely, the playground affords little opportunity for a successful supervised program as space is limited. There are bars where younger boys play but as far as other sports, there is not enough space. 12. Melrose - Area is mall. Xelrose Park is used extensively in this area and I do not recommend playleaders there but I do recommend Supervision at Melrose Park. It is needed greatly at present. I male and 1 female :~eich Coa~ - Raleigh, Court Park takes care of t~is area. Grounds are snail and has limited opportunities for a program there but I recommend supervision in Raleigh Court Park. I male and 1 female. 14. Round Hill - Could be used bu~ not recommended because of the proximity of Huff Lane. IS. Stonewall Jackson - There is no equipment, no space to place adequate,equipment~aqd Jackson Park is used for the younger people in the area. Absolutely no reason to promote a super- vised program at Stonewall Jackson School. iRasefla -- flinch'apr area--suitable to Install equipment, space is adequate, Supervision is recommended if basketball goalst utc., pre placed there-in. Traffic free. 1 male and I female, .17~ Mashlnatoa Heights ~ Very small play area. Traffic very heavy in area. Hot at ell suitable for after school:play lomy opleloa, Ulllist Fleming Hlab School - Excellent grounds, Adequate equipment and recommended for after school supervision. 2 supervi~rso Ir. Belmont ,- Small but usable fir outdoor games could have supervised program, for younger cblldree, I playleadm~ 20. Cry~tal Serln~ - Small play area -.could have supervised play for little children. I playleader. 21. Flshburn Park - Heavy traffic ~nd rathe~ isolated. recomaeoded for supervised play. 22, GqFden City - Has ball field and iS adjacent to nam Garden Cl%y Park. Recommended far softball, baseballe basketball and other sports. Recommended supervised play, Could be used for these activities unsupervised. 2 playlead~rs supervised. .. 23. Grandam Court - Has basketball goals and large play area supervised play for outdoor games could be Justified, Children piny on basketball court unsupervised practically the year round. I Playleader, 24. Huff L~ne - Bas playground equipment and ball field. Recommended for superrised play. 2 playleaders. 25, Jameson - Small playground, but ~ould be used after school with supervised ploy for outdoor games. I playleader 2b. Jefferson - No play area. Heavy traffic, Not recommended. 27. Lee Junior - NO room for play area, Heavy traffic,. Not recommend 20. Monroe - Small play area. Yeoeis court usable for.some types of outdoor 9ames or tennis insruction, Recommended supervised play. I play,under 29. Monterey - Has some p!a~grou~d equipment unJustifie~ for super- vised play, 30. Morninosid~ - Small play area. Unjustified for supervised play, because of proximity tp Jackson. Park. 31., Oakland - Heavy traffic. Small grounds unjustified for supervised play. 32. Patrick Henry - Hall field, tennis courts recommended for use, unsupervised. Preston Park - Unjustified for supervised play because of proximity to Preston Park. Center and playground., 34. Tinker - Small play area, Could be used for outdoor games. but not especially recommended. Virginia Heiqhts - Basketball goals and large area basketball and football could be (and is) played unsupervised. I play- leader if supervised. 36. West End - Fairly large blacktop play area basketball, softball and other outdoor games recommended for supervised play. 2 playleaders. 37. Westside - Ball field and playground equipment, Good for all outdoor activities, games and sports. Recommended for supervised play. 2 playleaderSo The information that is b~ing submitted mould involve 29 playleaders. At ~10;00 per day this would be a total of.$290.00 per day, 5 days a week and mould cost $1,45(~00 per meek. Operating for 30 meeks ant of the year the cost mould be $43,500.00 The cost of supplies, and playground apparatus to accommodate these areas would be about $3,000.00, This figure Includes basketballs, base- ,balls, softballs, bats, tennis nets, badminton sets, basketball goals complete and bakketball nets. Yours truly, S! John A. Newson John A. Nemson Superintendent of Recreation' " :147 This is submitted aI lnforwation ind in response to the City Councll*s request, Respectfully subIitted, S/ Julian F. Hlrst Julian F, Hirst City Ranngeru #r. Thomas moved that the report be received and filed. The motion mas seconded by Mr. Mheeler and unanimously adopted. · PLANNING: The City' Manager submitted u written ~eport advising that the I~partment of Rousing and Urban DevelOpment has approved ~he Morkable Program of the City of Roanoke which mas submitted to HUD in Septembers 1969. Mr. Mheeler moved that t~report be received and filed. The motion was sem~ded by Mr, Llsk and unanimously adopted. In this connection, Mr. Trout offered the folloming Resolution approving participation by local housing owners in the Federal Rent Supplement Program: (Ulgl31) A RESOI~RTIO~ approving participation by local housing owners in the Federal Rent Supplement Program, (For full text of Resolution, see Resolution Rook No. 34, page 231.) Mr. Trout moved th~ adoption of the Resolution. The motion was seconded by Mr. Lisk and adopted by the following vote: A~ES: Messrs. Lisk, Perkinson, Thomas, Trout, Mheeler and Mayor Mebber ..................................... 6. NAYS:. Mr..Boswellr .............. 1. JUVENILE DETENTION ROME: The City Manager submitted a wrilZen report transmitting the 1969 report of the Superintendent of Detention of the Juvenile Detention Home, adrlsing that the report Is very well prepared and represents a comprehensive summary of the acta.varies of the Home. Mr; Whaeler moved that the report be recefred and filed. The motion was seconded by Mr. Perkinson and unanimously adopted. PARKS AND PLAYGRORND: The City Manager submitted a written report trans- mitting the schedule of activities upcoming in the Amphitheatre at Elmwood Park which is under the direction of the Department of ~arks and Recreation, Mr. Zh0mas moved that the ~port be received and filed. The ~ ion was seconded by Mr. Lisk and unanimously adopted. .- POLICE I~PARTtfl~NT-FXRE HEpAR~I~T: The City Manager. submitted the follSwi report hn the status of personnel in the Police Department and the Fire Department for the month of March, 1970: #Roano~ , Virginia April 13, 1970 Honorable Mayor and City Council Roanoke, Virginia .... Gentlemen: Listed below Is the atates of the Police amd the Five Department os of Maroh 31, 1970: Fire Department There mere no personnel ohanges in the Fire Depal~ment during Marcho 1970o There is one vacancy in the Fire Department. Police Department Name Hired Resigned Robert M. Thompson . June 23, 1969 March 12, 1970 Marllyn S. Dean, Clerk-Slang, August 16, 1969 March Slt 1970 Ending March 31, 1970 (7 vacancies), Respectfully submitted, S/ Julias F, Hirst Julian F. H~rst City Manager# Mr. Perklnson moved that the report be received and filed, The motion mas seconded by Mr. Thomas and unanimously adopted. CAPITAL IMPROVEMENT PROGRAM-DRID~ES: The City Manager submitted a mritten report transmitting plans prepared by HeyestSeny, Mattern ~ Mattern, Architects and Engineers, om the Norwich Dridge. After a discussion of the proposed phns, Mr. Lisk moved that the report be received and filed. The motion mas seconded by Mr. Perkinson and unanimously adopted. CAPITAL IMPROVEMENT PROGRAM-SENERS AND STORM Dt~S: The City Manager submitted a written report ~zansmitting plans prepared by Hayest Seay, Ma*tern ~ Ma*tern, Architects and Engineers, On the Trout Run sanitary sewer interceptor extending from First Street, S. M** at the Henry Street Dridge to 14th Street, N. M.~ at Melrose Avenue. After a discussion of .the proposed plans, Mr, Perkinson moved that the report be received and filed. The motion was seconded by Mr° Lisk and unanimously adopted. CAPXTAL IMPROVEMENT PROGRAM-SEMERS AND STORM DRAINS: The City Manager submitted a written report transmitting plans prepared by Hayes, Sony, Ma*tern ~ Ma*tern, Architects and Engineers, on the Norfolk Avenue storm drain project from Second Street, S. g., to Second Street, S, ~. After a discussion of thd proposed plans, Mr. Perkinson moved that the rep¢ be received and flied. The eot~m mas seconded by Mr° Lisk and unaimously adopted. ROANOKE CAS COMPANY-SPECXAL PERMITS: Council havlng deferred action on a )roposed Ordinance authorizing the Hoanoke Oas Company .to purchase a SO-foot permanes easement and a 20-foot temporary construction easement across a portion of the Carvi~ Cove Matersbed in connection ~ith its plans to construct a gas main feeder line until its attorney, Mr. R. L. Haslegrove, bad an opportunity to appear before the body to discuss certain portions of the proposed Ordinance, the City Attorney sub- mltted a written report advising that conslde~tioa has b~ given to the matter by 149 ~. representatives of the ,city and of the Ronnohe Gas Company on~ transmitting draft of nn Ordinance which has tk~ general ~greement of the Roanoke Gas Company and the City of Roanoke. ' In this connection, Mr. #. ~J Hozlegrove, ~ttor~e.y, representing the Roanoke Gas Company. appeared before the body nnd advised that the proposed Ordinance meets with the approval of the Roanoke Gas Company with one exception, Mr. Rozelgrove requesting that paragraph 11 be amended in order'to delete the phrase 'with corporate 'surety°# · The City Attorney having advised council that kc sees nn abjection in having .a bond with*at corporate surety, Mr. Thomas moved that paragraph 11 be inclnd ia the Ordinance as is with the elimination of the phrase *with corporate surety.* The motion was seconded by Mr. Perkinson and adopted, Mr. Eoswell voting no. Mr, List then mo~ed that the foil*ming Or41nance be placed upon its first reading:* (~19132) AN ORDINANCE 'to permit Roano~Das Company to construct, main- tain and operate an underground 12-inch welded steel g~s ma~:feederline pipeline a distance of 14,129.0 feet, more or less, under and across certain of the City's Carrion Cove watershed property 'situate mahly in Hotetourt County but partly in Roanoke County, upon certain terms and conditions, NHEREAS, a committee of the Council has approved the general location of the gas pipeline hereinafter authorized to b~ constructed in certain of the City*s Carrion Cove watershed property and the terms upon mhich Roanoke Gas Company*be per- mitted to eonstract~ maintain and operate the same. THEREFORE, BE IT ORDAINED by the Council of the City of Road*kw as*follows · l. (~) Roa~ke Cas Company, hereinafter referred to as ~Llcensee,~, permitted to construct, reconstruct, r~pair, maintain, 5perate and use durlnq the term hereinafter set out a certain underground 12-inCh welded steel gas transmission pipeline, with necessary related appurtenances, (herein referred to collectively as "pipeline"), a to*a! distance of 14,129.0 feet, more or less, neasured along the existing ground surface, under, through and across certain land of the City of Roan* situate in Hotetourt Count~ and lfl Roanoke Countyt ¥1rginla, known as the Carrins Cove Reservoir property or watershed area, (herein referred to as ematershed*), the centerline of the pipeline'to be located as follows, viz: (a) BEGINNING at a point on the top of ~inher Mountain in Rotetourt · County and on the division line between the land of the City of R~ nuke and land of B. M. Hgpkins; which point is approximately 223.0 feet southerl~ al*u9 said division line from au interior corner marked by a wooden post; thence, in a southerly direction across the land of the City of Roanoke a distance of 9,~47.0 feet to a point on the division line between the land owned by said City of Roanoke and land owned by Julia K. Lawson,' approximately 142.0 feet southedsterly from a pile of rocks at a corner on said property line, the ceuterline Of the aforesaid right*of-way being shown, as through Parcel 1~-1, o* Sheet No. 2 of the plans herein- after mentioned; (b) BEGINNING again, at a point on the division line between the land of abe City of Bonn,he a~d the land of ~ulia E. Lawson, in Be*et*ur* aa iron pin in_County Road So. 649 at a gorger In'silo aZVlSlOn line; thence'; f~om'said REGIH~ING POINT~'io~* $outke~l~ dire~tio~ across load of the City 6f Roanoke a distance or 1~928;0 feet to'o point ia the division line betueea the land of t'he City of R6anoke and land cubed by S. S/Dogan, ubich said point is N. 6~o 00* W.q 204.0 'feet from e~ iron 'pin'o~'a corner lo"said division line os the west side or the aforesaid County Road; ihs centerline o! the aforesaid right-of~waY being skowae os through Parcel 16-2, on Sheel No, 3 of the plans hereinafter mentioned; and (c) BEGINNING at a point on 'the division line betmeea land of the City of Roanoke and land caned by C. L. Pu~ta, said line being on the line between Motetoar~ County and Roanoke County; thence, across land of the Clt~ of Roanoke sit,fie in Roanoke County, in a southwesterly direction 2t2S4o0 feet to a point on the north right-of-way line of Interstate Route ~1, in Roanoke County~ said right-of-may being shomn,'as through Parcel 16-3o on Sheet No. 3 of the plans hereinafter mentioned; true copies of Sheets Nos. 2 and 3 of the plans aforementioned, number~ Plan C-1712, prepared by Ford, Macon ~ Davis Construction Corporation, Engineers for Roanoke Gas Company, dated October. l, 1969. and December 4, 1969, respectively, and marked "Approved for Construction~ under date of larch 26t 1970, being on file in the offic, of the City Clerk, and, alsot in the office of the Manager of the Mater Department of the City of Roanoke, on mhich copies of said plans the loc~tion of the ceeterline of the pipeline on the property of the City of Roanoke, abovedescribed, is shown colors( in red ink. (M) There is granted to Licensee for and during the term of this license a thirty (30) - foot wide right-of-ways (hereinafter referred to as "permanent right. of-may,") measured on a horizontal plane across said right-of-may, in three (3) sec- tions~ for the aforesaid 12-inch underground gas pip~line, a total distance of 14,129.0 feet', more or less, in length. The centerline of the permanent right-of-ma) shall be located as described in paragraph 1. (A), hereoft and as shown on Sheets Nos. 2 and 3 of Plan C-1712, hereinmentioned, The pipeline shall be located within the permanent right-of-way and, except as othermise shomn on the plans and specifi- cations for the construction of the pipelines shall be located at least thirty (30) inches below the surface of the permanent right-of-way. There is further granted to Licensee the t~mporary right to use aa additio ~1 twenty (20)-foot wide temporary constzuction right-of-way, (hereinafter referred to as #Temporary rlght-of-way~), likewise measured on a horizontal plane, extending alo 9 either side of the abovedescribed permanent right-of-way~ but not on both sides thereof at any point or place, the temporary ight-of-way to be used for and during the perio~ of construction of the pipeline, onlyt and for the purpose of operating construction machinery and equipment and for the storing or stockpiling of materials and but all tight'of Licensee in the temporary right-of-way to terminate and expire upon completion of initial construction of the pipeline, except that such termination sba in no wise release Licensee from the obligation and duty to restore the area within the temporary right-of-may as hereinafter set out. i~ Further, Licensee. is granted a reasonable right of access to,each afore- said section of the peresaent right-of-way, for purposes of, ingress and egress there · to and therefrom in order to properly maintain0 operate and repair the pipeline, over the residue of the ua~erabed property of the City. Such access-shall be by existing roads or roadu~ys.to or crossing t~e permpnent right-of-uny or by additiona roads or road~ay~ constructed by Licensee at its cost at such ~ocations and of such width as are approved In writing by the Oirectioru hereinafter maned. Licensee shall during'the term of this l~cense, promptly and. at its expense, restore all existing roads or roadWays.or other property of the City damaged by Licensee*s use thereof for purposps of th*construction or maintenance of the pipeline. (C) The LiCensee shall have the right to cut and cleat from the permanent right-of-may and, also! to the extent reasonably ~ece~sary* from the temporary right-of-wayt and to keep.out and cleared from the permanent right-of-way all trees shrubs and brush deemed by Licensee to later*fare with the construction, ma~tenance use or ap*tn*ion of the pipeline. Licensee shall remove and dispose of ail such cu trees, brush and shrubs, except that Licensee nayt upon approval in writing of the Directors, collect and leave such cut mate~al, or parts of it, upon such portions of the aforesaid rights-of-way or watershed and in ~ch manner as may be approved by sai Directors, Upon completion of the initial construction of the pipeline,.the temporar right*of-way, or so much thereof as Sh all have been cleared or otherwise disturbed by the Licensee during the period of construction, shall, after having been satis- factorily seeded or otherwise treated for prevention of erosion by reason of any such clearance or other disturbance, be allowed and encouraged, to return to normal forest growth, but Licensee shall thereafter and upon notice given by t~e Directors return to any. portion of said, temporary right-of-may area and take reasonable and necessary steps to correct any adverse conditions of soil erosion as may have been or be caused by the construction of said pipeline or by its location or existence in the permanent.right-of-way. 2. It is t~ be expressly, under~tood by Licensee that the watershed Is owned and held by the City as a public watershed and water reservoir area and as a public rect~ational area, and that Licensee shall not do any act or thing or permi or allow apy act or. thing to be done except those things herein expressly permitted or allowed which will in any wise damage, impair or adversely affect said land as a watershed area or water reservoir or affect the public water supply or use of the watershed as a recreational area; and t~atthe Licensee shall be responsible f~r any such damage, impairment or adverse effect on any of the same caused, by any act of the Licensee, its agents, servants, employees or contractors not herein expressly autlxrized or permitted, 3. The construction of the pipeline shall,be done in strict accordance with the plans and specifications for the construction of the pipeline, which plans and specifications have been approved in writing by the City Manager and ~he City*s Mater Department Manager and ooples of which shall be flied with the City Clerk and la the-off/ce of the Mate~ Department Neander, sod the pipeline shell he maintained and,operated in'striet accordance with those minimum approved standards aRd speniflc cations set out in OSA Standard Code for Pressure Piping, Gas Transmission and Distr bution Piping Systems - USAS B31.0-1968, promulgated by th~ Americas Society of Mechanical Engineers, es the same may be from time to time amended, superseded or replaced by the promulgators thereof-or by any Federal or State of-Virginia code of regulations applicable to the pipeline; addit~ally,-the pipeline shall be equipped with and have Installed check valves and excess flow valves.adequate to prevent unnecessary.escape of gas from said pipeline in event of ru~ urn. The construction or reconstruction of the pipeline shall not be commenced until all prior-conditions hereof have been met and. u permit therefor has been issued by the City Manager. .There is reserved in the Directors (consisting of the City Manager and. Manager of the City's Uater Department) the City's Fight to inspect the pipeline and rights-of- and to initiate the revocation of this license or of action hereunder by the City in the event the construction and. Licensee's maintenance and operation of the,pipeli and of the rights*of-way shall not in, all respects conform to the provision of this license. 4., Licensee will at all times keep the pipeline in proper repair and safe condition and will promptly make such'repairs thereto from time to time as are required to comply with the standards and specifications abovementioned or as are necessary for protecting the safety of persons and property or for the protection of the City*s watershed. S. Licensee shall restore the surface of the rights-of-way.or other land of the City disturbed or affected by the construction, reconstruction, repair, main- tenance, opera.tlon or removalof the pipeline in a manner so as to prevent erostos o the right-of-way areas as a result of the construction of the pipeline; and Licensee will plant all such disturbed or affected areas with grass segd or, if planting of any such area or areas~uot be practicahle~ will, if necessary, construct terraces slopes or other artificial structures so as to prevent s611 erosion re~ulting from any such construction by Licenseeor by the existence of.the pipeline, and so as to encourage wild life development in the watershed area; prorided, however, that the requirement of seeding may be waived or modified by the Directors with respect to area of the rights-of-way on mhich are intended to remain roadways or accessways. When, because of the maintenance, operation, construction, repair, existence or of the pipeline, the safety Of persons using the prop~ty of the City or, the preserra tl~n and protection of the Ctty*swatershed area, requires that the area of any afore said right-of-way be further restored or protected against erosion or other damage, Licensee shall further restore, reseed or otherwise protect said areas when notified by the Directors, in a manner and with materials'reasonably satisfactory to said Directors. ~ 6. The rights herein permitted are non-exclusive and are sub]eot to such other rights, privileges or Anterests In the ua, embed which may. huvehevetorore . been granted.'conveyed or permitted to ethers by the Clt7 or by the Clty*s predeneaa( maintenance, operation, existence or removal of the pipeline, the property o! others er the facilities ef~ a public otllJty which bas been granted n frnachieset permit or easement ~y the City, or by others, to use the watershed area tot its purposes if disturbed or in any may affected thereby. Licensee will conatract, recoastrnct, repel or replace such facility in a manner anti.factory t~ an~ under the supervision of suc other peases or of the public utility to which such other franchise, permit or easene has been granted. 7. Licensee will Indemnify. reimburse and save the City harmless from all charges, damages or costs that the City may he required to pay or otherwise sustain !existence and removal of the pipeline and by reason of any person, firm or corpoFatI¢ bdag inJ wried or damaged in any way in person or property by the construction, recon- struction, repair, maintenance, operation user existence or removal of the pipeline; and in the event that suit shall be brought against the City, either independently or jointly with Licensee on account thereoft Licensee will defend the City. in any such suit at the cost of the Licensee; and in the event.of a final Judgment being obtained against the City, either independently or. Jointly with the Licensee, then Licensee will pay such judgment with all costs and hold the City harmless therefrom. 9.. Licensee shall not be permitted, in exercising its privilege of ~ clearing or keeping c~lear th~ rlghts-of~way herein provided, to use chemicols or other materials which are or might be toxic to meat animals or fowlt but all such clearing and sub?equent dl§posal, of materialresulting from such clearing and cuttin shall be performed in a manner approved by the Directors. 9. Licensee shall be solet~ responsible~for and shall pay and discharge all taxes which may be lawfully assessed Upon its gas pipeline constructed on the property ~f the City, or upon said City's property as a consequence of the existence of said pipeline on sa~d property. 10o. Licensee shall insure Its liability in connection with the construction reconstruction, repair, maintenance, operation, use, exis~ence, or removal of the pipeline, providing of not less. than $100,000 for bodily injuries to any one person in any one,occurrence and of not less than $~00,000 for all bodily injuries resulting from any one occurrence, and $100,OOg for. property damage. Such insurance shall also extend to provide coverage of the Llcensee*s liabi~ity under this. ordinance and agaipst the acts of any of the Licens~eOs contractors and their subcontractors. Such insurance shall be written by ah insurance company authorized to transact business in the State of ¥IrgiaJa and shall be kep~ 10 full f~rce and effect by the~Llceflsee during the term of this license and during the period ~ any removal of the pipeline. Licensee ulll provide the Clt~ with · certified copy or, nit such lnsurnnce policies .obligation under pnregrpah 10. o! this ordinance, and that it uiil not lcpJe otherufse expire unless, after sizty days uti,ten notice thereof give· by. the License 11. Licensee shall furnish the City, to be depos, lted with the city Clerk its bond in a penalty or $25,000e conditioned upon Licensee's tull and punctual performance er Licensee's obligations and undertakings under this ordlmnce, Llcens granted by the Council to use the within described property or the City. It is not ln~ended by the adoption or this ordinance to offer or grant a franchise. hatter be accompiished by burning; excep~ that during the period of existence at any time or fores~ rive in any area adjacent to the aforesaid rights-of-way, arrive ut the fair valse thereof; but Licensee shall be entitled to no payment by ressou of the value of the license..The appraisers s~ll be selected by mhtual agreement~ of the City of Rosnohe. and Licensee. and iu the event of the fdlure of said parties to mutually agree upon. three (3) ~ppralsers, they sh~ll be selected by.the State Corporation Conaission of Virginia, and the findings of such appraisers shall, together wltb the evidence heard and. considered, be submitted to the'Mayor of said City and to Licensee, and shall be subject ts review by the State Corporation Commission of Virginia. Such review shall be upon application either of said City or the Licensee made within thirty (30) days after the submission of such riudings. The hearing upon such reviem shall be upon the report of such appraisers and records and evidence filed therewith and such other evidence as either party may submit under rules, practice or direction of the Commission. Otheruise. and unless this license be renewed, extended or merged or said pipeline and property he purchase and acquired by the City as above provided, the pipeline and other property of Llcens on the rights-of-way shall be removed therefrom by the Licensee or be abandoned by means reasonably satisfactory to the Directors, unless the continued use and operati( of the pipeline is reasonable required by Licensee for the delivery of gas for dis- tribution in the City of Roanoke under the terms of any franchise then held by Llceni 16.' This license and the rights and privileges herein granted or provided shall take effect ten (10) days after the final passage of this ordinance by the City Council and upon acceptance by Licensee of the provision hereof in the manner hereh provided; and this license shall continue ia full force and effect until August 31, 1993, unless terml~ted earlier in a manner herein provided. 17. Licensee shall p~y to the City at the commencement ~f ~e term of this llcecse the sum of $1,092.18, cash, such sum being the total agreed valne of the saw timber and pulpwood ~ lowed to be cut by Licensee from the rights-of-way herein pro- vided, In addition, Licensee shall* pay to the City, annually, commencing on the date upon wh'ich Licensee shall accept in writing the provision of this ordi nacre and upon the anniversary of said date each year thereafter and during the term of this license the sum of $1,203.75, which said sum is agreed to be fixed at the rate of $450.00 per year per mile, or fraction thereof, of the total length of the permanent right-of-way the first such annual payment, together with payment of the agreed value of saw timbe and pulpwood, to be made' at th~ Office of the City Clerk, thereafter each annual payff of $1,203.75, aforesaid, to be made at the office of the Manager of the City*s ~ater Department. BE IT FURTHER OROAINED that this ordinance shall be in farce and shall becc effective ten days after its final pass age and when Licensee shall have executed under seal four (4) attested copies hereof, one of which shall be permanently preserved in the office of the City ~lezl~ one of which shall be filed in the office of the City Auditor, one of which shall be flied iff the office of the Manager of the City's ~ater Department, the other to be ret~ned by said Licensee, which exeuctlon shall .155 at provision of this ordlaesce, which, wbea~eo ecceptede ~bnl] constitute tbs agreeweat of the City of Roanoke end of. the Licensee, each to be bouadhereby and to comply in thin ordinance ua~l It shall be furnish the liability laeomce contract oed bond provided for in this ordinance, shell have paid to the.City the first payment pro- vided for in paragraph l?.t sunr~, and shell have obtained written permit from the Clty Manager to proceed with construction of. the pipeline as herein provided. Roanoke, Virginia, ' , 1970 ACCEPTED: ATTEST: ROANOKE GAS CONPA~I¥, PER M..IT Roanoke, Virginia, , 1970. TO: ROA~0KE CAS COMPANY, Roanoke, Virginia . Roanoke Gas Company having accepted in writing and in the manner prescribed the terms, conditions and provisions of Ordinance No. adopted 1970; ~aving paid to the City of Roanoke at the office of the City Clerk the full sum of $2,295.g3, due ~pon such acceptance; baying deposited with the City ~.lerk t~e insurance policies, or certificates thereof, and bond and, also, the pla.ns and Specifications ~eferred to In said.ordinance; and .the u~der~lgn~d baying approved in writing the plans and specifications for construction of the 12-inch pipeline refer~ed to in said or{inance, Ro~n~e Gas Company, its authorized, agents, offic~als, employees and contractors are hereby permitted to enter and go upon said City's Carvins Cove watershed property and construct said pipeline in accordance with the terms,, conditions and provis~ns of said ordinance and as shown on the plans and spocifications referred to therein. Julian Fo Nirst, City Manager of the City of Roanoke The motion was seconded by Mr. Perklnson and adopted by the fo~llowing vote: AYES: Messrs. Liskt Perkinson, Thomas, Trout, Mheeler and Mayo~ Webber ................................. NAYS: Mr. ~oswell .............1o CIRCHIT;¢OORT: The City Attorsey submitted a uti*tee report ndvJeiug that on Friday, Aprl! 17, 19~°, et"io:oo o.m,, the oath of office us un sdditionul Judge of the Tmentleth Judicial Circuit will be administered to the Hosorsble-Tom Stockton Fox, III, lu the Circuit Courtroom in the Runlcipel flulldlug, Mr. Perhinson moved that the report be received and filed. The motion was seconded by ~r. Thomas en~euuufmosuly udop~ed. AUDITS-SCHOOLS:, The Cit! Auditor submitted a written report on the exauiu~ *ion of the records of the Stonewall Jackson Junior High School for the school jeer ended June 30t 1969, stating that it presents fairly the fiaaoclal condition of the fund at the end of the audit period. Rt. Perkiason moved that the report be received and filed. The motion was seconded by Hr. Trout and unanimously adopted, AUDITS-SCHOOLS: The City Auditor submitted a written report on the examin~ tion of the records of the Jamison Elementary School for the School year ended June 30, 1969, stating that it presents fairly the financial condition of the fund at the end of the audit period. Mr, Perkinson moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. REPORTS OF COMMITTEES: SALE OF PROPERTY-DELINQGENT TAXES: Council baying referrred to a committe* composed of Messrs. David K. ~Llsk, Chairman, James N. Kincanon, Julian F. Hirst,and ty Housing Corporation, offering to purchase five parcels of land in the 1300 block of Moorman Road, N. W., designated as Official Tax Nos. 2222704 - 2222708, inclusive, in the amount of delinquent taxes due on said parcels of land, for the purpose 'of erecting sinuel-dmelling detached units to be sold for owner-occupancy to deserving low-moderate income families who may otherwise never reach the point of home ownersh! the committee submitted the following report recommending thai the offer be accepted, in the revised u~ount of $750.00 per lot: ~Roanoke, Virginia April 13, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The City Council on February 2, ~970, received a communication from the Community Honshg Corporation offering to purchase five parcels of h nd in the 1300 black,of Moorman Roado R. N. This was referred to your Real Estate Committee. The Real Estate Committee contacted the Community Housing Corporation to advise the feeling of the Committee that a revised offer by the Corporation would be more satisfactory. It was also found that the Clty*s omnership iS. of four lots rather than five. Thes~ four parcels are on the ~th side Of Roorman Road, N. extending through to Essex Streett N. M. They are situated a block between 13th and 14th Streets and have Tax Nos. 705-706-707. Attsched.mith this report is s msp of the'area i~d~oating- the lots amd a copy of u letter or March 31, lgYO, from ~he Community Housing Corpora*iDa, making an.offering of $?50 per lot or a totul of $30000. Your Real Estate Committee feels that this offering is consistent ulth the fair market valse of these lots and does recommend to the City Council the prepara- tion and adoption'of an ordinance authorizing this sale. · ~ Respectfully.submitted, S/ David R. LJsk David R. Llsk, Chairman S/ J. Robert Thomas J. Robert Thomas S/ James N. Elncanon James N. Klncaaon S/ Julian F. Hits* Julian F. Hirst" Mr. Lisk 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. Perklnson and unanimously adopted. SPECXAL PERMXYS-STRKETS AND ALLEYS: Council having referred .to a committe composed of Messrs. Vlnceot S. Rbeelec, Chairman, John W. Boswell and Julian F. HJrat for study, report and recommendation a communicution from Mr. Michael Smeltzer, Attorney, representing Sun Oil Company, requesting that Section 32, Chnpt~ 4.1, Title XVt of The Code of the City of Roanoke, 1956, as amended, be amended to permit his client to encroach on the 25-foot building setback line for major ar*erie highmaya at the southwest corner of Brandon Avenue and Franklin goad, S. W., the Coemltteesubnitted the following report recommending that a.apecial permit be issue to the Sun Oil Company providing for the encroachment on the RS-foot building setbac line, however, the city reserving the right to direct the removal thereof at any tine: mR,an,kef Virginia April 13, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: At the City Council meeting March 16, 1970, Mr. Michael Smeltzer, attorney at lam, appeared in behalf of the Sun Oil Company for an amendment or vmiance to Title 15, Chapter 4.1, Section 32 of the City Code. The situ~ion concerns the property at the southmest corner,of Brandon Avenue and Franklin Road, where the Sun Oil Company or its predecessors have operated a gasoline service,station for a number of years. This property is being completely changed by the highway construction. The Highway Department has not yet been able to make settlement v~ th the~ouners. Sun Oil Company leases the.property and advises that they have some interest in rebuilding a new service station there. To have enough space to operate, they are goin~ up against the railroad underpass abutment and the railroad fill and they ore .leasing a t~ngt/~r of land from the Norfolk and Restern. They plan two pump islands. The arterial setback under the City Code requires pumping island% to be.25 feet back of or behind the right of may. They mish to set one island five feet inside of this setback line. This mould be the southernmost inland. · Your oomwittee hot met~wiCe~ui~h~represen~otlvM'6f~Sun Oil Colpany.~, Weare~very~reluot~n~ t~iwak~aa:eXeeP~!6n~o~?hio~ code reqnfrewea~ end!w~,do eot~feel!~he.~ode Should~be~amomded~ ~ The Company has told us ab6at~theirproblems on ~he ~aek~of ,helot nnd their probiees in locating ~he building. The committee does eot ~hiuh this is adequate reasoning to eahe any variance. Homever, the unusual sitUu~ion of the rnllroad aba, cent and the eebanheent and the leasing Of railroad property to make the lot useable creates a matter ,ha,ils worthy of eerit. The committee, because or these circumstance~ alone, recommends that the City Council by resolAIon permit ORs island five feet Inside the arterial setback ulth t~e right or the Cl~y tO direc~ its Femoral at any time. ~e feel that these c~r&umstances and the location will not do harm to the Intent of the ord~nanoe. Respectfully nuheitted, S! Vincent S. ~beeler Vlneat S. [~eeler, Chairman S! John W. Boswell John ~. Boswell S/ Julian.F. Hits, , Julian F. Hlrst" Rt. #heeler moved that Council concur in the report Of the co~eittee and that the nat,er be referred to the City Attorney for preparation of the proper. measure. The motlo~ was s~conded ~y Mr. Trou~ and ~nanlmous~y adopted. · ATER DEPARTH£~T: Council having refer~ed to a coeeittee for tabulation, report and recommend=tiaa the bids received on Con~ract M - Boxley Hills Pu~plng Station, the committee submitted the following report recommending that all the bids received on the project be rejected and that the matter be readvertisedfo~ bids,at a later dat~: "Roanoke, Virginia April 13. 1970 ~onoFable Mayo~ and City Co~ncil Ronnoket Virginia. Gentlemen: After due and proper advertisement, bids mere received and opened before Roanoke City Council on Hondayt Hatch 23, 1970, faf the construction of the Boxley Hills Pumping Station. Five bids as ShOWn aritho attached tabulation were~ received, with the low bid In the anouht of.$14~ being submitted by Br~ck ~ ~ayis.Comp~ny, IncorpOrated, of ~aynesboro, V~inia. AS may be'noted ~rom.the attached tabulation, Brock ~ Davi~ Company. Incorporated. ~ualifled their bid ~lth r~spect to'any c~nflJct ~hl~h eight arise due to an ~Xisting t~lephone co.it and would b~-billed as ~n E~tra, Subsequent investigation revealed the telephone conduit to be In direct conflict w~th the proposed location of the rue 3~=inch water lines, thereby . necessitating either a vertical offset in the ~ater lines or relocation of the telephone conduit. ~hen approached with respect t~ this bid qualification. Brock and Davis by letter lnforned ~he City that they mould modify the Clty*s plan and'Include two 36-inch elbou connections to allow the-water lines to pass below the ' telephone cond~,~ This modification would increase their bid by an additional $2100, with a t~l bid of $148,668~ YOUr comnltteeln considering ~hese bids and after dtscussion~ with the COty Attornel feels that.there is some question ns to the properness in anarding ~ contract to the low bidder under t~ese circumstances. ~here Is no but what B~ock and Davis' bid was low, even after the qualification; however, before asslgnl~g~ a price to modification, they were aware of their competitors' bids. Furthermore one of the other Co~tFacto~s takes exception to these procedures. 159 Under the circumstances it would be the recommendation of your committee that City Council exercise its prerogative and reject all bids and to further direct that this project be ~ebid Iu the very near future. Respectfully submitted, S/ Byron E, Hamer Byron E, Hanero Chairman S/ Samuel Ho HcGhee, Ill Samuel H. McGhee, IIX S/ Thomas M. Dunn Thomas W. Dunn~ Mr, Wheeler moved that Council concur In the recommendation of the comma,re and offered the following Resolution: (UlgX33) A RESOLUTION rejecting ali bids received for constructing the Huxley Hill PuMping Station, and directing that the matter be readrertlned for bios. (For full text of Resolution, see Resolution Daub No. 34, page 232,) Mr, Wheeler moved the adoption of the Resolution. The motion.Mas seconded by Mr. Trout and aOopted by the following vote: AYES: Messrs. Boswell, Lisk, Perkinsont Thomas, Trout, Wheeler and Mayor Webber ..................... NAYS: None ............ O, SEWERS AND STORM DRAINS: Council having referred to a committee for tabul; tiaa, report and recommendation the bids receivedon the construction of a storm drain m Winston Avenue, S. W., southwesterly from Brandon Avenue, to 22nd Street, the committee submitted the following report recommending that the low bid of Hudgins and Pace, Contractorat iu the amount of $11,904.60, be accepted: "April B, 1970 To the City Council Roanoke, Virginia .Gentlemen: After proper advertisement, bids mere received and openedbefove City Council at its regular meeting on Monday, March R3t 1970~ for construction of a storm drain on Winston Avenue, S. M., between Brandon Avenue, S. M. and 22nd Street, S, W, As shown on the attached tabulation forms, the low bid in the amount of $il,904.60 was sub- mitted by Hudgins and Pace, Incorporated~ of Roanoke, Virginia, for Proposal I (Reinforced Concrete Pipe). Thirty-five thousand dollars ($35,000) was appropriated to this project as CIP 32. The project as initially established proposed: a storm drain in Braodoa Avenue from Ore Branch to Colonial Avenue; a storm drain In Lynn Avenue, from Brandon Avenue to 21st Street; a storm drain in 21st Street, from Lynn Avenue to Sanford Avenue; and the storm drain in Winston Avenue, from.Jt~h bids have been received. In working math the Virginia Department of Highways on the Franklin Road Project.at Brandon Avenue and McClanahan Street, and the Southwest Expressmay Project, it became apparent that ably the Winston Avenue Storm Drain would bare to be built by the City, as the Highway Department Mas providing hr the storm drains in Brandon Avenue. Also, the Southwest Expressway uould significantly change the drainage patterns along Sanford Avenue and Lynn Avenue, mith the Highway Depart- men, providing the required storm drains in this area. Your nommittee recommends thor u-conotrnct be awarded to Hudgins end'Pace, lncnrPornted, for Proposal I (Reinforced Concrete Pipe) in the amount of $11,904.60, and that oil other bids received for thfs'proJe~t'be ~eJeoted. APPROVED: $! ~?Fon E. Hamer APPROVED: S! Sam B. McGhee, Ill 'By, on £. Barter Sam H. lcGhee, Iii Assistant City Manager Assistant City Engineer* Mr; Trout'moved that Council concur in the recommendation of the committee end offered the foU~min~ emergency Ordinnnce: (#19134) A~ ORDINANCE providing for the construction of a neb storm drain on Minston Avenue. S. M** between nrandbn Avenue. S. Mo, and 22nd Streett S. M., Upot certain terms and conditions, by a~cepting a ~ertaih bid made to the City, rejecting certain other bids; and providing for an emergency. (For full text of Ordinance, see O~dinance Book No. 340 page 232.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Link and adopted by the following vote: AYES: Messrs. Boswell, Link, Perhihson~ Thomas, Trout, Mheeler and Mayor #ebber .................... · NAYS: Non~ ...... ~ ........ O, SEWERS AND SYORM DRAINS: Council having referred to a committee fo~ tabulation, report and recommendatiou the bids received on the construction of a storm drain on King Street and Mecca Street, N. E., northeasterly from Vlnton Mill Road to Belle Avenue, the committee subm~ted the following report recommending that the low bid of Aaron J. Conner General Contractor, Incorporated, ih the amount of $38,054o00. be accepted: "Roauoket Virginia ~ril 13, 1970 ' Honorable Mayor hud City Council Roanoke, Virginia After due and proper advertisement bids were'received before City Council on Monday, March 30, 1970, for the con- struction of a storm drain on King Street and Mecca Street, N.E. Four bids were ~ce]ve~ mith the bids of Aaron J. Conner, General. Contractor, Incorporated, in the amount of . $3B,054 roy reinforced concrete pipe or $39,316 for smooth interior corrngated metal pipe being iow. A tabulation of the bids is httached. '' '' The Council had appropriated $40,000 for the accom~ plishment of this project. As the low bids submitted by Aaron J. Conner are in orde~ and as his proposal complies with the provisions of the ~pecifications, it ia the recommen- dation of your committee that City Couccil accept the~low bid of Aaron J. Conner, General Contractor, Iccbrporated, in the amount of $38,054 to install reinfo~ced concrete pipe storm drain on King and Mecca StreetSt W, E. It is further recommended that. City Council reject all other bids. Respectfully submitted, S! Byron E. Hamer Hyrofl E. Hamer, Chairman S! Samuel H. McGhee, III Samuel R. McChee, Ill* Mr. Link moved that Council concur ia the recommendation Of the committee and o~fered the folloulag emergency Ordinance: (mlg135) AN OROINAN¢£ accepting a bid and amarding a contract for the Vlnton'aill Road to Belle Avenue, N. £., upon certain terms and conditions; rejecting certain other bids made therefor; and providing for on emergency. (For full tent of Ordinance, see Ordinance Book No. 340 page 233°) Br. Lisk moved the adoption of the Chinamen. The moticnmas seconded by Irc Thomas and adopted by the following vote: AYES: Messrs. Boswell, Lish, Perkinson, Thomas, Trout, Wheeler and Mayor Webber ........................ NAYS: None ................O, SEMERS AND STORM DRAINS: Council baying referred to a committee for tabulation, report and recommendation the bids received on the construction of m committee submitted the following report recommending that the low bid of Draper Construction Company, Incorporated. in the amount of $55,4S6.0Oo be accepted, and thal $1tOOO°OO be transferred within the 1909-70 Capital lnprorment fund to proyide funds for the project: "Roanoke, Virginia .... April 13, 1970 Honorable Mayor and City Council Roanoke, Virginia After due and proper advertisment bids were received on Monday, April 6~ 1970, for the construction of a storm drain on Dennistoa Avenue, S. #. Four bids mere received with the bid of Draper Construction in the amount of ~55,456 for smooth interior corrugated metal pipe and $56,942 for concrete pipe being lom. A tabulation of the four bids received is attached The May 2, 1967, Capital Bond Program contalued an appropriation of $55,000 for accomplishment of this project. Also in tbe Bond Program mas a project for the construction of a storm drain on Winston Avenue, S. M., the bids for whiA~ were well mder the funds allocated in the bond isnue. It mould be the recommendation of your committee that $1,000 · be transferred from that Capital Bond project ~ the Dennis*on Avenue, S. M., project to provide a total of $56t000 for the construction of this storm drain and cover engineering costs It is the recommendation of your committee thht City Council approve the above mefltla=ed transfer of f~ds and approve the award of the contract to Draper Co~ truction in the amount of $~5,456 for the construction of the Denniston Avenue storm drain. It is further recommended that City Council reject all ~ther bids. Respectfully submitted, S/ Byron E. Bauer, Byron E. Hamer, Chairman S/ Samuel H. McGhee, III Samuel H. McOhee, III" Mr, Thomas moved that Council concur in the recommendation of the conlttee and of(ered the follouln~ emergency Ordinance transferring $1,000o00 withit the 1969-70 Capital. Improvement Fund: (o19136) AN ORDINANCE to amend and reordaln the Capital Iuprovement Fund of the 1969-70 Appropriation Ordinance, end providing for an emergency. (For full text of Ordfnnflce, fee Ordinance *oak No~ 340 page 234.) Mr. Thomas moved the adoption or the ~rdinnnce. The motion was seconded by Mr. Trout and adopted by the following vote: AYES:. Messrs. Hoswello Llskt Perkins*n, Thomas, Trout, Mheeler and Mayor ~ebber ...................7. NAYS: None ...........O. Mr. Lick then offered the following emergency Ordinanc6 accepting the )rap*scl.of Draper Construction Companyt Incorporated: (x19137) AN ORDINANCE accepting a bid and awarding a emtract for the con- struction of a storm dra~n on Deaniston Avenue, S. g., between Memorial Avenue and Maiden Lane, S~ N., upon certain terms end a~ditions; rejecting certain other bids made therefor; and providing for an emergency. (For full text of Ordinance, see Ordinacce Book No. 31, page Mr. Llsk moved the adoption of the Ordinance. ~he motion was seconded by Mr. Trout and adopted by the following vote: AYES: MessrSo Boswell~ Lisk, Perkimon, Thomas, Trout,' ~heeler and Mayor Mebber ......................... 7. NAYS:. None .............. O. UNFINISHED BUSINESS: I~TEGRATIO~-SEGREGATIO~-RECREATIO~ I~PARTMENT-PARKS ~D PLAYGROUNDS-TOTAL ACTION AGAINST pOVERTY IN ROANOIE VALLEY: Council having deferred action on a repot of the City Manager in connection with the proposal of the Roanoke 3aycees that an olympic size swlmmi ng pool be built Immediately in Fallen Par~ and in the Lansdowne Park ~rea, advising that he does not feel that he is in a postion to recommend the appropriation of funds for a pool program, Mr. James O.' Trout~ Vice Mayor, submitted the following report recommending that municipal swimming pools be built in 3ohm Kennedy Park and in Morningside Park: "Roanoke, Virginia April 13, 1~?0 The Honorable Roy L, Webbert Mayor and Members of City Council Roanoke, Virginia Gentlemen: This iS my report to you es the City Council Swimming Pool Study Chairman. This report which Is attached describes a program for swimming pools in the City of X~oanoke. The information in this report comes from a great deal of study of pool~ and their requirements and of the City. As can be seen we have analyzed every area of the City. Each Of the City's parks have been studied especially as to the area and number of people they serve. 163 ly re~omiendi~i61-1s':tbit:tUo~'pooisbe b~iit-lt~fJrst~ '.There ere needs thr~nghont the;Git! for pools, Th~.one.uould be located · ia'John F~ Reihed~ Pi~k-ond:~he other in'#orAiigslde Pith,~ These locn~i0ns ore recommended because they/are in opp0sl~e geographical sections or the City and are.relined to.populntloo'serlloe~nren* Also the citizens Who.hare come before the City Council about smlmmlng pools hhre nninly~come from these general ereus~ · The matter'of finnSoiig'these p~ola hms'required ri'lot o! conalderotlon, It has been u problem to the City Council,' Two 'weehs ago,we learned that help from the State or F~dernl 0ovemment does not seem lihely at this time, I propose me con- sider the folloming method~ Ca December 30t l~gt ! recommended before the City Council that the Jefferson Street Bridge over the Roanoke River he re- placed, 'This bridge is'narrom and,it has a low load limit,- It gets more cut of date everyday, A study will have to be made of whether tb build u long span over the rollroad and river or short span only over the river. next 7ear*a budget for this, Ye hove ban talhing about it long time, Nhatever decision Is made on long or short span might cost about $~O00OOO, This is the minimam that should go in the budget, If me later decide on a long span we will have to add more money later. If the money can'he·pnt in the 19~-?1 budget, it mould be early fall before a study could be finished and we could decide on the span· Then it would be well into the minter before the~ plans would be finished. Then it mould be spring before a con- tract would be awarded. Thin'means that the bridge money would be tied up ali year and not be used. I propose that one-half of this money be used for tmo swimming pools. ~250,000 woad build the two pools I · recommend, Also, another important possibility is the Highway aDPICS program. The Jefferson Street Bridge seems to me to be a perfect example ~r a TOPICS project. Re should try every way to get this approved for TOPICS. This means the City would only pay one-half the cost of the bridge. If the Council appropriates $500,000 for the bridge, TOPICS would cut our cost lo half. Thii would release $250,000, By this way also the cost of two pools can be provided. I will be glad to work with the C~y Council on ~s program, Respectfully, S/ James Trout James O. Trout Vice-Mayor~ In this connection, a petition signed by ~0 residents of the southeast o~posing the construction of the swimming pool in Fallon Park and a communication from Dr. Theodore N, Banks, opposing the construction of a public swimming pool in John F. Kennedy Park and suggesting several alternate locations, were before Council, Rlth reference to the matter, the Reverend Douglas E. Camion, appeared bef* Council and presented a petition signed by 73 students supporting the construction of a'swtmming pool in the southe~ area and advising that the Southeast Community Organization would like to go on record as endorsing the proposal made by Vice Mayor Trout. Mr. Llsk moved that the petition opposing the construction of the swimming pool in Fallon Park, the communication from Dr. Banks and the petition from students in the southeast area supporting the coast motion of the swimming pool in the southea~ section be received and filed. The motion was seconded by Mr. T~ mas and unadmously adopted, With further reference to the matter, Mr, Tom Robertson0 Pres{dent of the Roanoke Jaycees, appeared before the body and advised that the Eoaooke Jaycees.nlso endorse the proposal of Hr, Trout., After a lengthy discussion of the prbposal, Mr. Trout moved that the mattel be referred to 1970-71 budget study. The motion mas seconded by Mr. Thomas and uuanl aouslF adopted, CONSII~RATIO~ OF CLAIMS: NONE.. INTRODUCTION AND CO~SIDERATIO~ OF ORDINANCES AND RESOLWflONS: SALE OF PROPERTY: Ordinance No. 19125, on second reading, authorizing the sale and conveyance to Mr, B. W. Owen of city-owned property described as Lots 4 and Block 4, Hap of Jun.tie Land Company, Official Tax Nos. 1140116 and 1140117, for the sum of $1,051,50, cash, having previously been before Council for its first reading, read and laid overt mas again before the bodyt Mr. Thomas offering the Following for its second reading and final adoption; (#19125) AN ORDINANCE authorizing the Cityts sale and conveyance of Lots 4 and 5, Section 4, Map of JaneiIe Land Company, Official Nos. 1140116 and l14011T, iupon certain, terns and provi~ons; and rejecting certain other bids. (For full text of Ordinance,.see. Or~inance Book No. 34, page 227.) Mr. Thomas moved the adoption of the Ordinance. The mott~n was seconded, by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Boswell, Lisk, Perkinson, Thomas, Tm2t, Wheeler and Mayor Webber ........................... NAYS: None ................. LEgISLATION-TAXES: Mr. Wheeler offered the following emergency Ordinance amending arid reordalfllng Sectioo 5, When Perponal property Taxes Payable, Section 6, Penalities. for Failure to. Pay Curren~ Taxes, and Section 10, Taxation of Public Service Corporations, of Chapter 1, Current Taxes, Title ¥I, Taxation, of The Code of the City of Roanoke, 1956, as amended, relating to the date upon which t a~ible )ersonal property taxes shall become due, providing penalties for nonpayment in time of real and tangible personal property taxes and for interest on unpaid taxes, and ~roviding fur the taxation of real and tangible personaI property of public service corporations: (mlgl3R) AN ORDXNANCE to amend and reordaio Sec. 5. When Personal Propertl Taxes Payable, Sec. 6. Penalties for Failure to Pay Current Taxes, and See. 10. Taxa- tion of Public Service Corporations, of Chapter 1. Current Taxes, Title VI. Taxation, of the Code of the City of Roanoke, 1956, as amended, relating to the date upon which tangible personal property taxes shall become due, providing penalties for nonpayment in time of real and tangible personal property taxes, and for interest on unpaid taxe and providing for the taxation of real and tangible personal property of public servJ corporations, respectively; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 34, page 236.) 1'65 ir, Wheeler moved the odoptioo or.the Ordinance. The notion uaw seconded bi ir.~Trout,oad adopted~b7 the follewfng~vote~ ~ES: Messrs. Boswell, Link, Perhiason,.Thowast Trout, gheeler iud Mayor Webber ....................... ?~ N~Sc .Hone ............ O,- W~IONS ~ND MISCELL~E~S BUSINESS: H~SING-SLUM CL~ANCE-PLANNING: -Mr. Link advisbd that he bus had calls free citizens.complaining or inadequate housing in the city,-pointing out that a was hired in the?~partwent of BniM lugs to assume the responsibility or checking into and razing houses beyond repair, that the city needs to assume its responsibll~ and appropriate wore mone~ rot the demolition o~ condemned houses and noted that the watter be referred to the City Manager rot a recommendation on the. rewoval or those houses. The motion died rot lack or a second. Mr..Tr6ut then offered a substitute notion that the matter be referred to. the City Mnnager for. a progress report as to what has transpired since the building inspector was hired in the Office or the Building Commissioner. The notion was seconded by Hr. Perkluson and adopted, #r.,Llsk voting BOARD ~ ZONING APPEA~: Mayor Webber called to the attention or Council a vacancy on the Board of Zoning Appeals due to the resignation or Mr. Tow Stockton Fox, III~ for a term. ending December 31, 1971. Wt. Thomas placed la nomination tho name of Leru~ There being no further nominations, Mr. LarDy Moran was elected ~z · membe] of the Board of Zoning Appeals to fill the unexpired term of Mr. Tom Stockton Foxt III, resigned, ending ~cember 31, 1971, by the following vote: FOR MR. MORAN:, Messrs. Boswell. Llskt Perkinson. Thomas, Troutt Wheeler and W~vr Nehber ................... 7. There being no further business, Mayor Webber. declared the meeting adjourned. APPROVED ~TEST: Msyor COONCIL, REGULAR MEETING. Monday, April 20, 19TO. The Council of te City of Roteoke metin regular meeting in the Council ;hauber In th· Municipal Building, Monday. April.20, 1970, at 2 p.m., the regular meeting hour, mlth Mayor Mebber presiding. PRESEN~" Councilmen John M. Bosuell, David W. Lash. Frank N. Perklnsou. Jr** Hampton W. Thomas. James O. Trout. Vincent $. Wheeler and Mayor Roy L.' Webber .............. . ................. ?. ' ABSENT: None ............... O, OFFICERS PRESE,'~f: Mr. Juliou F, Hirct, City Manager, Mr. James N. Kincan~ City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meetlu9 mas opened mith a preyer by Dr. Harry ¥. Usol~e. Pastor, Calrary Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, March 30, 1970. having been furnished each member of Council. on motion of Mr. Perklnsou, seconded by Mr. Thomas and unanimously adopted, the reading thereof mas dispensed math and the minutes approved as recorded. Mayor Webber uelcomed approximately 20 students from Virg~nJa Western Community College who are studying local government. SEARING OF CITIZENS UPON PUBLIC MATTERS: AUDITORIUM-COLISEUM: Pursuant to notice of advertisement for bids on one fork-lift truck, minimum capacity of 2S00 pounds to be furnished ~nd delivered f.o.b. to the Roanoke Civic Center. said proposals to be received by the City Clerk until 2 p.m.s Monday, April 20, 1970, and to be opened at that hour before. Coun(~l, Mayor Webber asked if anyone had any questions about the ~vertisement, and no representativ, sresent raising any questim . the Mayor instructed the City Clerh to proceed ~th the ~peninG of the bids; whereupon, the City Clerk opened and read the fbllomJng bids: Material Handling Services Company - $5,340,40 Haight Engineering Company - 5.800.00 Material Handling Industries, lac., - 5,670.00 J. #. Barrens, Incorporated - 5.959.00 Mr. Perkissoo moved that the bids be referred to a committee to be appointe* by the Mayor for tabulation, report and recommendation to Council. the City Attorney to prepare the proper measure in accordance mith the recommendation of t~e committee . ~he motion mas seconded by Mr. Thomas and unnnimonsly adopted. Mayor Webber appointed Messrs. Frank N. Perkinson, Jr** Chairman, Byron E. Bauer, Howard E, Rsdford and John ¥; Chappelear, Jr.. ns members of the committee. AIRPORT: Pursuant to notice of advertisement for bids on an air cargo building, said proposals to be received by the City Clerk until 2 p.m** Monday. April 20, 1970, and to be opened at that hour before Council, Mayor Webber asked if any question, the Mayor instructed the City C~k to proceed math t h e opening of the bids; mhereupon, the City Clerk opened and read the folloming bids: 167 Hodgea Lumber Corporation $ 47,755,00 Frye Beildimu Company - 49,286.00 S, Lenin LJoaberger Compee~ - 50,470.00 'Matts nod Mreokell, Inc., - SI,400.00 Regional Conatreotlon Services. In~ 52.750.00 Thor, Incorporated 54.923.00 Acorn Comstruction Co., LTD. 50,980.00 Mr. Perkinaon moved that the bids be referred to m committee to be eppolnte the Mayor for tabulation, report end recommendation to the Council, the City Attorney to prepare the proper measure in accordance math the recomuendotion of the committee. The motion nas seconded, by Mr. Llsk end unanimously adopted. Mayor Webber appointed Messrs. Vincent S. Rheeler, Chairman, Marshall L. Harris, D~ron E. Manet end Samuel M. WcGhee, ill. es members of the committee. ZONING: Council hiving set e public heario~ rot 2 p.m.. Wonda~, April 20, 1970. on the request of Roaeva Investment Corporation, that two parcels or land located on the east end mesa side of Miller Street, N. W.. described as Official Tax Nos. 2720104 and 2720001, Trout Land Map, be rezoned from RS-3, Single*renal! Residential District. to RG-2, Geperal Residential District, the matter mas before the body. la this connection, the City Planning Commission subuitted the follom~ #March 19. 1970 the basis for this opposition. Questions centered on the ad~quhoy t~[es of housing proposed end the type of financing; in udditJm~ the 169 The FleShing Commia*sio~ after due ~onaJderati~a of~la matter eom of the opinion that there existed a~hl!nded for Aouatng 'In the City of Roanoke and that, In addition the proposed development would · the public Interest. .. Accordingly, notion nas mlde, duiT aecoded and unanimously approved recommending to City Council that this request be approved. very truly yours, $/ John H. Parrot John H. Parrott Chairman' Mr. Claude D~Corter, Attorney. representing the petitioner appeared before the body in support of the request of bin client, Mr, Edward S. Kidd, Jr., Attorney, repreaentin9 residents in the Wilmont . Farms area, appeared before Council and advised that the developer has held several meetings with .residents of the. #Ilmont Farms area and that the residents do not .have uny .objection to the construction of the tush-hOuse units on Miller Street, N, M., . and ppinting out. that their, only concern is the overcroadlng of schools in the area and that the construction of the upartne~ s mill cause an increase in the aeount of traffic. With further reference to the matter, Mr. Melvin I. Grant, 3602 Lilac Avenue. N. W.. appeared before the body and advised that a traffic AiqBt mill be needed due to an increase in the number of children, nttendin9 school, in the fall. After a discussion of the matter, Mr. Wheeler moved that Council concur in the request ~r rezonlng and that the follo~Zno Ordinance be placed upon its first reading: (c19139) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke 1956, as amended, and Sheet No. 27~, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEREAS, application has been made'to the Council of the City Of Roanoke have the 5.25 acre tract of land lying on the West side of Miller Street and identified as Official Tax No. 2720901, beginning at the intersection of the original northerly boundary line of the E. E. Enqlennn 57.996 acre tract with the masterly line of Miller Street. said beginnin9 point bears S. 69° 13' W. 60.12 feet from the northuesterly corner of Lot 22, Section 9, Westuood Annex No. 2; thence aith the westerly line of Miller Street S. 17° lO~* E. 12b. S3 feet to the point of curve; then, uith a curved line to the right whose radius is 1493.43 feet, and whose chord bearin9 and distance is S. 14° 10' E. 149.81 feet. anarc distance of 149.85 feet to a point; thence S. 11° 25~t E. 424.5b feet to e point on the masterly line of Mllle~Street. N. M., a corner to the 0.416 acre parcel conveyed to Byron L. and Ether M. Radford; thence leaving Miller Street and with the line of Said Radford S. 78° c~oasin9 the original line between E. E. Eeqlenun and Byron L. and Ethel M. Radford 158.67 feet and continuing with the line of another 0.416 acre parcel conveyed by Byron L. and Ethel R. Radford a total distance of 326.3q feet to a point in the of Peters Creek; thence up the Creet es it meanders the folloning eight (B) bearings and distances: N. 0° 00' E. 67.17 feet; N. 43° 39' #. 65.00 feet; N. 7 o 20' E. ~5.00 N, 167 21' E, 127.36 feet; N, 43° 01~' W, 94,50 feet; N. B?o 36~0 w. 73.00 feet; ~, 38° 43~° w, 129,00 reek nad ~, 30° IT* W. 99,35 feet-to u point~ thence leaving the creek and uith the original northerly outside bonndnry or the E, E, Esglesun Tract ~. 69° 13' E, 446.18 feet to'the point ~f Beginning, us shown by plat of survey sade by David Dick end Berry A, Wall, Civil Engfueern etd Surveyors, dated Way 2~ 1962 end revised Decesber 23, 1969 and revised January 28, 1970, and tke 21.76~ acre tract of load l~lng De the East side of Hiller Street, designated us Official Tax NO. 2720104. beginning ut a point on the msteFly side of Hiller Street, N. W.. being the southwest corner of Lot S. Block 1. Section !. 'Hast Westuood", point being S. 11° 25~v E. 37S.00 feet iron the southerly side of Signal Hill Avenue, X. W,; thence leaving said Hiller Street, N. H., nnd running twelve (12) linen uith the southerly boundary lites of West Hestuood, Section l, as follows: E. IST.II feet; N. ID° 35' W. 29.89 feet. N. 65° 53' E. 146.97 feet, S. 24° O?' E. 43.?7 feet. ~. 65? 53' E. 141.30 feet. N. S9° IS' E. 82.17 feet. N. 65° 167.00 feet. N. 7D° 36' K. 214.40~et. S. 49° 42~* E. 136.45 feet. S. D0° 13' E. 138.00 feet. S. 42° 13' E. 50,04 feet and N. TS° 26* E. 125.00 feet to n point on iht uesterly side of Nulberr! Street. N. W.. said point being the southeasterly corner of Lot 13. Block 3. Section No. 1.. ~est Restuood; thence leaving said Lot 13. Block S. Section No. 1. Hast ~estwood and runnhg Mlth the westerly side of s aid l~lberry Street. No W.. S. 14 o 34* E. 315o32 feet to a point, a co,net to the property of Roanoke Electric Steel Corporation; thence with same So 39° 28~* W. 018.17 feet to u point in Peters Creek; thence running three (3) lines up sold Peters Creek ~ 59~' ~. 106.78 feet; thence N. 64° IS~* W. 172.80 feet: thence 5. DS 82.46 feet to u point on the ~sterl! side of Hiller Street, N. ~.; thence with three (3} lines of same N. 47° 06~* H. 415.16 feet to u point; thence with a curved line the right Mhose radius is 436.26 feet, whose arc distance is 271.57 feet and whose chord bearing and distance is N. 29° 15~' N. 267.21 feet to a point; thence N. 11° 25~' w. 221.26 feet to the point of Beginning, according to plat of survey made by David Dick and Harry A. Wall. Civil Engineers and Surveyors, dated Hay 2. 1962,and revised December 23, 1968 and revised January 28,.1970, being the same properties conveyed to,Rosava Investment Corporation by deed dated January 15. 1970. from Earl 5inns, et ax, rezoned from RS-3, Single-Family Residential District, to E~-2, ~eneral Residential District; and RHEREAS, the City Planning Commission has recommended that the hereinafter described had be rezoned froo RS-3. Single-Family Residential District. to EG-2. General Residential District; and ~HEREAS. the nri~ten notice and the posted sign required to be published - and posted, respectively, by Section 71. Chapter 4.1. Title XV. of The Code of the City of Boanoke 1956, as aoeuded, relating to Zoning, here been published and posted as required and for the tine pru~id~d:,by said section; and RBEREAS, the h~aring as provided rot la said notice nas hel'd on the 20th day of April, 1970, ot 2 p.a., before the Counsil of the City of Roanoke, al which hearing all parties i.n interest aad citizens were given an opportualty to he heard. both for end agaiast the proposed rezoniag; and RHEREAS, this Council, citer considering the evidence as herein provided, ia of the opinion that the hereinafter described land should be rezoned, THEREFORE, HE 1T ORDAINED by the Counsil of the City or Roanoke that Title KV, Chapter 4ol, Sectioa 2, of The Code of the City of R~mohe, 1956. as aoended, relating to Zoning, and Sheet No. 272 of the Sectional 1966 Zone Dap, City-of Roanoheo be amended in the following particular and no~her; viz: Property located on the west side or Miller Street, a $.25 acre tract designated on Sheet 272 of the Sectional 1966 Zone Dap. City of Roanoke, as Official Tax No. 2720801 end the property located on the east side of Miller Street, N. R., dencrlbed an a 21.767 acre tract designated on Sheet 272 of the Sectional 1966 Zone,Map, City of Roanoke, as Official Tax No. 2720104, be, and is hereby, changed from RS-3, Single-Family Residential District. to RG-2, General iResldential District. and that Sheet No. 2?2 of the aforesaid Map be changed in this Ireapect. The motion uas seconded by Mr. Link and adopted by the following rote: AYES: Messrs. Boswell, Lash, Perhinson. Thomas. Troot, ~heeler and Hayor #ebber ....................... NAYS: None ..............O. S~REETS A~D ALLEYS: Council having set a public he~in9 for Monday, April,R0, 1970. on the request of Roanoke Coca-Cola Hottling Moths, Incorporated. that an alley approximately 25 feet wide and 100 feet long extending in a southerly direction from Center Avenue, H. W,, to another alley.which runs generally east and west between and parallel to Third and Fourth Streetc, No M., be vacated, discontinue andclosed, the matter wa~ before the body. In this connection, the City Planning Commission submitted the following report recommending that the request be Granted: *March 19, 1970 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request was considered by the Planning Commis- sion at its regular meetin~ of March lB, 1970, At this meeting, Mr. Kemper, on behalf of the petitioner stated that the alley in question is used infrequently, and that the city-garbage trucks Renerally back down the central alley ia the rear of the existing residential lots. After due consideration of this request by the Planning Commis- sion motion man made, duly seconded and unanimously approved to recommend to City Council that this request be approved. Very truly yours, S/ John H. Parrot / L. M. John H. Parrott Chairman" The viemera appointed to skhdy the matter submitted a written report advising that they have vieued the alley to question nad the neiGhborinG property and ere unanimously of the opinion that no inconvenience mould result either to gay individual or to the public from vacating, discontinuing and closing name. Mr~ Tulfourd H. Kemper, Attorney, representing the petitioner, appeared before the body in support of the ~qqveut of his clients No me appearing in opposition to vacating, discontinuing and.closing the alley, Mr. Wheeler moved shuttle following Ordinance be placed upon its first reading (u19140) AN ORDINANCE permanently vacatinG, discontinuing and closing a certain alley, approximately 25 feet midi and 100 feet long. and extending in a southerly direction from Center Avenue. N. M.. to another alley mhich runs Generally east and meat bctueen Third and Fourth Streets. N. #o. in the City of ionbnke. Virginia. WHEREAS. Roanoke Coca-Cola Bottling Works. Inc. has heretofore filed its application to the Cooncil of the City of Roanoke. VirGinia. in accordance with lam. requestinG the Council to permanently vacate, diaantinue and close that certain alley, approximately 25 feet wide and lOO feet long. and extendJoG iD a southerly direction from Center Avenue N. #.. to another alley mhlch runs generally east and meat betmeen Third and Fourth Streets. N. W.. more particularly hereinafter described; and WHEREAS. Roanoke Coca-Cola Bottling Wqrks. Inc. did on February 19. 1970. duly and legally publish a notice of its uppli~ tmon to the Council by posting a copy of the notice on the front door of the Courthona, in the City of Roanoke. Virginia (Campbell Avenue entrance), at the Market Mouse (Campbell Avenue entrance) and at 311 Second Street. 5. E.. all of which is ~erified by affidavit of the City SerGeant appended to theappli~ Sion; and WHEREAS, more thac ten days having elapsed since the publication of the notice of said application, in accordance mlth the prayers of said application and the provisions of Section 15.1-365 of the Code of VirGinia. as amended, viemers were appointed by the Council by resolutJm Mo. 19073. dated March 2. 1970. to view said alley and to rnport in writing whether or not in their opinion uny lnccueenieuce woutd result from formally vacatinG, discontinuing and closing said portion Of an alley; and WHEREAS. it appears from the urJtten report of the viewers, dated March 1970. and filed mitb the City' Clerk on March lB. 1970. tha~ no~ inconvenience mould result either t~ any individual or to the public from ~ucating, discontinuing and closing permanently said alley; and WHEREAS. Council at i~s meeting on March 2. lg?O.'referred said appiicutio~ to the City Plannin~ Commission. uhJch commission by its report filed with thc City Clerk on March 19. 1970. recommended'that said alley be permanently vacated. discontinued'and closed; and WHEREAS, · public hearing u·s'held os said application before the Council · t ihs'regular meeting on April 20, 1970, after due and timel7 oolite thereof by publicition in The Rosnohe World-Noes, at mbieh hearing all p·rties in Interest ·nd citlaens uere afforded an opportunity to be he·rd on said application; and · WHEREAS, from ·11 of the foregoing, the Council considers thai'lo incon- venience mill refult to say Jadlrldasl or to the public from permsaeotly vet·ting, discontlnuiao and closing sold alley, os ·pplied for by the Roanoke Coca-Cola Hottling Works, Inc, THEREFORE, HE IT ORHAINRH b7 the Council of the City of Rosnoke, YlvglnJa. thst the alley spproximstel! 2S feet aide and I00 feet long. Bud extending in s southerly'direction from Center Avenue N.-W** to smother alley which runs generally east sad west between Third end Fourth Streets. N. u,. which is more particularly described ·s follows: BEGINNING st · point on the sm th side of Center'Avenue. N. w.. S. 69° 06e 31' E. 292.8T feet from the soothe·st corner of Center Avenue. N. W. ·nd Fourth Street. N. W.; thence with the south side of Center Avenue. N, W., S. 69° 06' 31" E., 29.23 feet to u point; thence with the westerly line of the retaining pro- party of Million B. Boswell S, 17° 49* W. 102.74 feet to n point on the north side of an alley; thence with the some N. 72 30* W. 27.61 feet to a point; thence continuing ulth the northerly side of the ·lley N. T4° IS* W. 1.85 feet to a point; thence with new lines sad with a curved line to the left, whose radius is 15.0 feet and~ose tangent length is 14.46 feet and abase chord Is 61~ 4Ti E, 20.62 feet. the arc length of 23.01 feet to a point of tangent; thence with the westerly side of u new 15-foot width alley N. 17° 49' E. 74.33 feet to a point of curve; thence with a curved line to the left. whose radius Is IS.O feet and whose tangent length is 14.21 feet and whose chord is N. 25°'30* 45' W. 20.63 feet. the arc length of 22.75 feet to the place of BEGINNING, containing 1630 square feet or 0.037 acre more or less, as shana in detail on plat prepared by C. B. Malcolm and Son, Engineers. dated March 17, 1966. be, and it hereby ia, permanently vacated, discontinued and cloned as a public alleyl and that all right and interest 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 $o to do, reserving, however, unto the City of Roanoke and easement for uny sewer lines or water mains and other public utilities that may now be located across said alley, together with the right of ingress and egress for the maintenance of such lines, mains or utilities, RE IT FURTHER ORDAINED that the City Engineer.be, and he hereby is, directed to mark "permanently vacated* on said alley on all maps nad plats on file in his office on which said all~y is shown, referring to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke wherein~is ordi- nance shall be'spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Hustings Court of the City of goanoke, Virginia, a certified copy of this ordinance in order that the clerk Of said court may make proper notation on all maps or plats recorded in his office upon which are shown said alley. The motion was seconded by Mr. Perkinson and adopted by the following vote: AVES: Messrs. Link, Perkinnon, Thomas, Trout. Wheeler and Mayor ~ebber-~ ...................... 6. NAYS: None .........O. (Mr. Boswell not voting) 1'73. PETITIONS AND CORWUNICATIONS: CITY JAIL: A Communication from Mr. R. P. RanCh, Jails SuPerintendent, ~eportuent or Relfare and Inatltutkea, reporting on en inspection by the Department of Welfore and lnstitntIms or the Ronnoke City Jail on #arch 16, 1970, mat bdore Council. Hr. Thomas moved thor the communication be received nad filed. The motion seconded by Hr. Trout end unanimously adopted. INBOb~RIES-F1REAR#S: A communication from the Roanoke Volley Junior Rifle Club. requesting permission to operate · rifle range in the basement of a btdlding ntlll9 Service Avenue, S, E** in the Roanoke Industrial Center, was before Council. Mr. Wheeler moved that~hhe matter be referred to the City Nagvoer for study, report end recommendation to Council. The motion was seconded by Mr. Trout end unanimously adopted. REPORTS OF OFFICERS: BUDGET-SEWERS ANO STORR DRAINS: The City Reneger submitted s uritten repot recommending that $4,025.00. be. npprcpriuted to Ogtn'~ro~essing in ihe Treatment Fund budget to provide funds for the remainder of the fiscal year. Mr. Wheeler moved that Council conchr in the r~commendation of the City Waeager and offered the follouing emergency ~rdinonce: (e19141) AN ORDINANCE to emend and reordain'Seuage Treatment Fund," of the 1969-70 Appropriation Ordinhnce, and providing for an emergency. (For full text of O~dinance, see Ordinance'Boo~ No. 34, page 246.) Mr. Wheeler moved the adoption of the Ordinance. The uotlon wes seconded by Mr. Perkinson and adopted.by the following vote: AYES: Messrs. Boswell. Link, Perkinson, Thomas, Trout, Wheeler and Mayor Webber ............... NAYS: None ...... O. BUDGET-POLICE DEPARTMENT: The City Manager submitted a written report recommending that $400.09 be transferred from Vehicular Equipment-Replacement to Operating Supplies and Raterials in the 1969-70 budget of the Police Department. provide funds for the remainder of the fiscal year. Mr. Link moved that Council concur in the recommendation'of the City Manager and offered the follouin9 emergency'Ordinance: (~19142) AN ORDINANCE to emend and reordaiu Section =45. ~Police." of the 1969-70 Appropriation Ordinance. and providing for an emergency. (For full text.of Ordinance. see Ordinance Book 34. page 246.) Mr. Link moved the adoption of the Ordinance. The mo~ion mas seconded by Mr. Perkinson and adapted by the following vote: AYES: Momars. Boswell, Link, Perkinson, Thomas, Trout, Wheeler and Mayor Webber ................ 7. NAYS: None ....... O. HUDGET-PDRCHASING AGENT: The City Msa~ger submitted a mrltten report recom mending that $TOoO0 be transferred from Printing and Office Supplies to Education In the 1969*70 budget of the Purchasing Agaat,'to provide fends for the Purchasing'Agent to attend a seminar on Purchasing Management at the University of Virghia on April 24 and 25, 1970. Mr. Wheeler moved that Council concur in the recommendation of the City Hauager end offered the follouing emergency Ordinunce~ ~19143) AN ORDINANCE to amend end reordaiu Section Xll, =Purchasing Agent or the 1969-70 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boob No. 34, pane 247.) Mr. Mheeler moved the adoption Of the Ordinance. The motion mas seconded by Mr. Thomas and adopted by the folloming vote: AYES: Messrs. Bosmell, Link. Perklnaon. Thomas, Trout. Mheel~ and Mayor Webber ................ 7. NAYS: None ....... O. BOO,ET-WATER DEPARTMEh~: The City Manager submitted the following report recommending that $2,SOD.OD he appropriated to Printing and Office Supplies and $15,000.00 to Operating Supplies and Materials in the 1969-70 Mater Department budget, to provide funds for the remainder of the fiscal year: "Roanoke, Virginia April 20, 1970 Honorable Mayor and City Council Roaooke, Virginia Gentlemen: A revJem of accounts ulthh the Water Department budget notes that Account 320-36, Printing and Office Supplies. has aa unexpended balance as of March 31 of $1,049. Funds mithin this account ave utilized in transmitting billings. Originally Council appropriated $11,500 to this account and the postage itself is exceeding $741 a month, aside from other printing and office supplies requ~ed. As an additional $3,500 is expected to be expended in the remaining three months of the fiscal year, it is requested that City Council appropriate an aditional $2,500 to this Account 320. Object Code 36, Printing and Office Supplies. A second.account within btdget department 280, Object Code 39. Operating Supplies and Materials, has an unencumbered balance of $3,500. This account mhich covers the laboratory and water treatment chamicals has this lom balance as a result of the neu and special process of the use of carbon and copper sulphate to treat the Carvins Cove mater. The Mater Department has encountered more difficulties in treating the mater at Ca,vans Cove this spring to adjust odor and a taste than is normally required for this time of year. City Council initially appropriated $45°000 to this acc(mt. The mater mill continue for an indefinite period of time to require this treatment and it is anticipated that approximately $17,S00 mill be required to purchase additional chemicals for the balance of the year. Therefore, it is recommended that the City Council appropriate an additional $I$,000 to Water Department Account 280, Object Code 39, Operating Supplies and M~terlais, tau funds to come f~ the Reserve Accoflt. Respectfallysubmitted, S/ Julian F. Hirst Julian F. H~rst City Manager" Hr, Lick moved khot Council concur in the reooouendetloe or the City Manager ced offered tko following emeroencl OrdJectce: (XlBl~4) AN OEDINANCK to amend end reordeiu Section u320, 'B~ter - Genera Expense.' end Section ~260, 'Niter-Purification,' of the t969-?0 Appropriation (For full text of Ordinance, see Ordinance Book No. 34, page 247.) 9-44-012-19: 0% Monday, Nardh 23, 1970. Clt! Council recelvdd · report from 4?6-foot extension to euux~ $/2~ at ~oodrum Airport. AT the time additional $6,000 to this Capit~l Fund ProJect to provide a total of $339,000 to cover construction and anticipated engineering end Council for this uork. Th~ would raise the appropriatkn to $360,000. fifty percent ($10,500) of t~s proposed increase of $21.000. They project with anticipated offset of $10,500 from the Federal government. S/ Julian F. HOrst Hr, Lick m~ed that Council concur in the recowneedalion of the City Hone and offered the following eeergeac~ Ordinance: (s19145) AN ORDINANCE to aaend and reordeln Section #89, 'Transfers to Capital Improvement Fund,' of the 1969-70 Appropriation Ordinance, and providing for (For full text ~r Ordinance. nee Ordinance Bach No. 34, page Nehber ........................ 6, NAYS: Mr, Boswell--1. SALE OF PROPERTy-STREEtS AND ALLEYS-SCHOOLS: Council having referred to April 20, 1970 Roanoke, ¥ irginia N~ obtained under date of March 6, 1970, an independent I( in recommended thet~the~Eity Council authorize the City Court, Tax No. 1551222, Account B7-70, Right of W§y, $5,000. S/ Julian ¥. flirst ~:77 Nr. gbeelnr moved thai Council concur In the.recoemeudntlou of tho City ManaGer and offered the folloulng emergency Ordinance authorizing the Oty M~nuger to ncqniremid property: (e1~145) AN ORDINANCE providing rot the City*a ucquiuitiou of n parcel of land altuete on the norlheuaterly line of Gui ford Avenue. So K, oppouite L~ton Road. S, N., ndJncent to Shrine Hill Park, designated Official No. 1551222 . for public street purposes, upon certain terms mud condiLons; and providing for uE (For full text of Ordinance, see Ordinance Book No. 34, page 24B.) Mr. Wheeler moved the adoption of the Ordinance. The motion naa seconded by Mr. Trout and adopted by the following vote: AYES: Meusrs. Llsk, Perk imam. Thomas, Trout. Uheeter and Mayor Mebber .............................. ~AYS: Mr. Boswell ........ Mr. Lick then offered the following emergency Ordinance uppropr.iating $?.BO0.O'O to Land Bights of Way in the 1969-70 Street Conatructiou budget to Izovide funds for the acquisition of said land: (u19147=) AN ORUINA~CE to amend and reordain Section =B?, "Street Constr alan.' of the 1969-70 Appropriation Ordinance. and providing for un e~erGeuc~. (For full text of Ordinance. see Ord~rnnce Book No. 34, page 249.) Mr. Lisk moved the adoption of the Ordlnm~. The notion was seconded by Mr. Thomas and adopted b~ the following vote: #abbey ............................. 6. NAYS: .Mr. Boswel! ....... 1. WUNICIPAL BUILDINO-CAPITAL IMPROYEMENT S PROGRAM: The Cit~ Manager submitte* the follonJn~ report Fec~mmefldJflO tact tan agreement between tan City of ~oano~e and ~a~es, Sony, Mattern ~ ~attern. A~chitects and Enoineer~, faf professional service3 In connection .ith the remodeling of the Municipal Building, in the amount of analysis of needs, program development, examinat~ of existino facilities and studies and cost estimates for the remodeling of the ~unicfpal flnlldin9 at a rate of 2.2 tines the payroll cost of the architect~ uith the understanding that at such ~ine as the ~uirenents have been established a~ Council has approved the scope of ~ork to be accomplished, should Council so desire, the architects alii proeeed with th fpon a construction cost agreement consistent uith the Virginia Chapter AIA Minimum S~edule. including the design, plan preparation, construction,documents and 'Rna,Die, Virginia April 20, 1970 mountable Mayor and City Council Rossohe, Virginia Gentlemen: Funds provided int~e 19b? bond referendum for Building licluded $300,000 for limited remodeling and reprrsogeweut within tke.preseut Municipal Building. At the time Bay'S, Sesy, Msttera mud Msttern negotiated uith City Council taeir architectural alth the remodeling In the present building being regarded ss only considered equitable. At s result of developments'and attention given to the present building over'the last several months, it h Outhared that the interest of City CGupcil end others is for p~rheps more extensivemrk within the present bull ding then certainly*as setic!psted in 1967. In response to u.report aide to Judge Ballon of the Bustings Court by a special committee, mayor Webber. the City Man~er and committee conferred alta the Judge. It was concluded that the more extensive analysis of space requirements and s~ece availability should he made aith the idea that the architects would proceed aith this. At such time as the architects would have completed ~ls type of on analysis the report of findings, proposals, alternates, etc., would be made to the City Council. From there the Council would determine how much, if any, specific work would be proceeded uith for design. was originally conceived in the Calitll Bond Improvement Program. For this rea~n and because cf the increased amount of design effort needed to perform remodeling as opposed to new construction. Hayes. Seay, Mattern ~ Battern has approached the City manager with the request that consideration be given to renegotiating the portion cf their contract es it applies to the remodeling work. The orchitect was asked to present the City Manager with u proposal for the accomplishment of this murk, and the proposal is attached. It is eniisioned tbnt'~e architects* services alii be divided into two phases. The first phase to include analysis of needs, prngrom development, examination of exist iU focilitiqs and feasibility studies and cost estilates. They propose to provide these services ut a rate of 2.2 times the ircbitects* payroll ~ost. At such time ss the requirements have been established and City Council bas approved the scope ok work to be accomplished, should City Council so desire, the architect would be willing to proceed Virginia Chapter AIA Minimum Fee Schedule, This would be for phas~ ~ two which includes the design, plan preparation, construction Should the above proposal be generally acceptable to the City Council, I recommend that the City Attorney be authorized to prepare of an agreement uith the firm. Respectfully submitted, S/ Julian F. Hirst ' Julian F. Hfrst City Manager* After a discussion of the question, Mr, Trout muted that the matter be referred bock to the City hanoger to confer with the City Attorney concerning the ~reparation of the extension to the agreement. Thc motion ~as seconded by Mr. ~heel* iud adopted, Mr. Bosuell voting no. MURICIPAL BUILDING-CAPITAL IHPROVELENTS P~OGRA#-SCHOOLS= The Clt! Hsnlger submitted the follomleg report ~uesmittlng I request of the Ronnohe Citl School Board for reriulona to the Municipal Building Annex st u cost of Ipproximstell $7,500.00 nhicb would require au eztensiou of the time of completion or the building of spproximutell six neehs: 'Hoeaoke, Virginia April 20, 1970 Honorable Haror end Gitl Council Roanoke, Virginia Gentlemen: Subsequent to the last meeting of Git] Council's lead end Cut- shell Studl Committee and prior to the submittal of that committee's report to (~I Council on Marc. 30, 1970, the Citl School Hoard formurded to the Citl Hmnagerts office · single line sketch of revisions it desired to be mede to the fourth floor of the mn Municipal Annex Building prior to their use of that fscilitl. I au forwarding to CJtl Council 8 cop! of the plan thel submitted to the Citl Manager and two subsequent letters received from Mr. Richard Via, Director of School Plants. Upon receipt of the shetc~ from Hr. Vis, the shetch mas for- warded to the carl's architect rot the Municipal Huilding, Dales, Seal, Sattere and Mattern, end thel were requested to furnish ns ezpeditiousll as possible an estimate of the cost of accomplishment of these revisions and an estimate of.the length of time it would take to accomplish this work. On April 3, Hr. Hamer, Assistant Citl Manager was verballl lgformed bi the architect that the proposed revisions would cost upprozimatell $7,500 and u mid require n time of completion of the bulld~ng extension Of approxiuatell 6 ueehs. The reason for the delal being that the heating and cooling units for this entire area had alreadl been installed bi the contractor and the modifications proposed would require numerous.revisions and possibll procurement of additional units, As mal be noted fram the designs enclosed, the size ofthe rooms and their locations are considerabll different from the original I mould point out, us submitted, the School Hoard would propose to utilize the file room of the Clti Clerk which is located adjacent to the Clerk'n area and move the CitI Clerk's file room across the hall. In Mr. Hurter's discussions uith Mr. Vie and Ooctor Alcore after discussions with Citl Clerk, Doctor Alcorn mas informed iht this proposal was mt reit to he workable. The Citl Clerk's functions should be one unit and it would mt be coekebieat to'require crossing the hall to the office files. Aal ~evlstons uhtch might come from this submitted plan n~d have to be based upon the school conference room being located across the hall and the citl Clerk's file room remaining as originalll planned. Representatives of Ooctbr Alcornes office have been invited to be present before Cltl Council toda~ to make such comments as thel would desire to further explain their requirement for this ~hange. This matter is being ~eferred to Cltl Council on the questio~ as to uhether the contractor should ,be requested for a formal pro- posal and then change order on accomplishment of this work. Me feel confident there nail be an additional cost and a minimum of a 6-meek delal in the actual completion of ~e facilitl o~ the basis of this Respectfulll submitted, S/ Julian F. Hirst Julian F, Hirst Citl Manager' In a discussion of the proposed 'change, Mr. Thomas pointed nut that this arrangement would separate the Office Of the Cltl Clerk fram their file room end ~ould cause the office an dndue hardship, that the disadvantages outweigh the advant- ages and that Council has no alternative but to deal the request of the Roanoke Hoard. Mr. Thomas then moved that the Cit~ Manager be instructed not to proceed depted. [UNICIPAL-BUILDIN6TCAPITALtIM~HOVEMENtS~FROUMAM-C/yY~'ATTOMMEj:, Tho*City wsegg~r~subml~te~'th&~foiloaiog report sdvfsfog that the City Attorney ~o~ requested the rearranging of partitions for space provided for the Office of the City Attorney in the Municipal Building Ausex sad that the proposed revisions a~dd require replace. meat of already installed heating and cooling units mt nn additional cost of $1,694.39: "Roanoke, YJroinin April 20, 1970 Honorable Mayor and City Council Roanoke, Virginia The City Attorney h s expressed s desire to modify tho proposed layout of the City Attorney*a ~flce on the fourth floor of the nam Municipal Building. He wishes to reverse the plan so as to place the principal office os the southeast corner of the building ml~ the two assistant attorneys° offices being located west of that locnt~m. Under present plans the principal office is not on the coroer hut alamO the south side of the buildin9. Upon receiving notification of this desired change me contacted the architect, Hayes, aery, Hattern sad Rattern, and through their services obtained · proposal from the contractor for performing this Mark. As the revision of this floor plan mould require replacement of already installed beating and cooling units, John W. Daniel and Company, Incorporated, has Jnf~ed the City that it would cost $1,694.39 hdditional to perform this modification. If City Council were to approve thJ~ work immediately, we hare been informed by the ~eoeral mail,factor that no extensIoo la time .auld be requested as u result of this change. Hanover. to delay any decision beyond this point could result in a request for additional time. Should City council desire to hare this work accomplished, It would be necessary to appropriate an additional $1,694.39 to the Capital Fund project for accomplishment of this work. In this connection, the City Attorney regard to said revision: The Honorable Mayor a'nd Members of Roanoke City Council Roanoke. ¥iroinio Respectfully submitted, S/ Julian F. Hlrst Julian F. Hirst Uity Manager" submitted the follomin9 report with "April 20, 1970 ~his is to supplement and support the City Manager*s recommendations to the Council that authority be given to issue · change order to the contract for construction of the Municipal Hnildino Annex. so as to rearrange the partitions for apace prorldnd for the office of the City Attorney in said nam building. The City Ma~ 9er is today reporting that the cost of affecting the change mill be $1,694.39 and that no extension of time for completion mould be requested by the general contractor in order to accomplish the change requested. Essentially, the ohm§ge is considered advisable so as to place the larger office, or thit of the City Attorney, In the so~ heust corner of the office suite and further from the main entrance door rather than closer to the entrancemay a~ alongside the straight wall of the building, The existln9 floor plan, labeled *X~, and the proposed floor plan, labeled *'A', ateenclosed for better explanatioo of t~e change sought to be authorized. 181 No extension of time mill be requested by'the coetractor il irder to effect the improvement of office arrangement ss is indicated on Plea aA' end the cost of effectleg the change In the foftfei conttractfda of the building .111, obviously, be lech less than et some later date: eccordfngly, it is recolseeded that the suggestion of ~ undersigned and of the City Mannger be e~0roved. Respectfully, $/ J. N, RJncnnon J. H. Xincanon" Mr. LInk loved that Council concur in the request of the City Attorney. The motion died for lack of a second, In a discussion of the matter. Mayor gabber advised that when the plane mere established for the Municipal Building Annex the architects conferred with each department head ns to the proposed plans for ~i's office, that this was the time for changes to have been mede, not uhen the bLtlding Is nearing completion and that to grant the r~quest of the City Attorney Ioold be opening the door for each and every department bend to request certain changes to his office. Mr. Lisk expressed the opinion that there is a valid need for the rearreng of abe partitions in the Office of the City Attorney and that thc request will not cause any delay ~o the contractor in completing the building. After · further discussion of the request, Mr. kbeeler offered n substitute notion that the City Manager be instructed not to proceed uJth the requested revision fhe notion Mas seconded by Mr. Bosmell and adopted. Mr. Link voting no. BUDGET: T~e City Manager submitted tbe following report requesting that the time for submission of the recommended 1970-?1 budget be extended item May 1o 1970. to a tentat~ date of May 18. 1970: "Roanoke, Virginia April 20. 1970 Honorable Mayor and City Council Roanoke, Virginia The new Charter provides for the enbmleslon to the City Council of a recommended budget for 1970-71 by Ray 1. Because of a combination of ctrcamstaeces, I do not feel that R will be physically possible to complete u budget document and to have it into the Council by date. I Mould respectfully ask the Council's favorable reaction to an extension of time, tentatively to May lB, 1970. It mould be my hope that the form and manner in mhich the budget is submitted mill perhaps minimize the amount of detail time the Council Mould have to give to the document. I would also hope that with the definite extablishment of this procedure for the coming and future years that it Mill be possible to get our administrative schedules int~ proper organization thet the process, as involved the City ganage~, con adjust itself better to the May I date. Respectfully submitted. S/ Julian F. Hirst Julian F. HJrst' City Manager" Hr. Perhluson Moved thet Council concur in the request of the City Rasver. The motion Mas seconded bi Hr. Trout: In idiscussion of the matter. Mr. Lis~ expressed the opinion that the pay raises for city eJpioyees should be giv~u first prissily end offered a substitute motion that the City Mnnsger be requested to present that portion of the budget pertaining to pay raises for city euploleea to Council by Ray l. 1970. and that the remainder of the budget be presented by Mu~ 18. 1970. es requested by the City Manage The substitute sateen died for lack of · second. The original motion aaa then adopted. Mr. Link voting no. BUD$£T-D£PARTMf~hT OF PUBLIC .REt. FARE: Council hiving referred back to the City #manger for further revieu uith the Department or Public Melfare tbs 1970-T1 budget of he public Melfere Department uith · view of reducing said budget ia keeping uith anticipated revenue of tbs City of Roanoke for the'fiscal lear 1970-71. the City Manager submitted the following report transmitting a revised 19T0-71 budget request of the Department of Public Relfure for submission to the State Department of Melfure sad Institutions. reducin~ the total amount from $6.024.152.00 to $5.173.162.00: "Roanoke. Virginia April 20. 1970 Bonoreble Halos and CitT Council Ranoke. ~roieia Gentlemen: · At the request of Cil Council m~ huve~revieMed the Public. Assistance budget ua prepared by the CUlT's Uepertuent'of Public #elfere and uhich was submitted to the Council March 30 prior to sending it for revlew to the State Department of Yelfere and Institutions. l~feel the budget has been reexamined thoroughly end that which is described as follows represents those reductions considered but et the same time uill represent some problems in administration and ~rvices under both governing regulations and, increasing assistance requirements. I not go into detail with each cf the budget items but confine these comments to those items mitin which changes are Made. He do Mot feel at this time any revisions should be made in personnel requirements. One of the principal problems in administration la this day and time is obtaining some reasonable degree of personnel attention to cases. Therefore. Object Code 1. Personal Sereices. is left as proposed. Fees for Professional and Special Services is being reduced $3.500. This amount mas hcluded as an estimate of the cost of legal services uhJch currentll is anticipated to become a Federal requirement. The requiremen~ being that public funds provide legal services for persons making an appeal. The merits or'this in principle are questionable but nevertheless the rule may come into being. There were 69 appeals last year. $3.500 is based on 70 ageals based on $S0 per case. General Relief. ObJect Code 3lA. ,us r~ccmMended for $198.000. This Mas based on payme~s at 100 percent ~f need. BI cutting this back to 75 percent of-need this item is reduced.to $13fl.600~, Old Age Assistance. 3lB. ,as b~sed on anticipated ZI5 recipients. There were 525 in December. 1969. On March 31. 1970. there were 596. ~e ar~ reducing the allowable cases to 690 or u reduction of 25. This Mill reduce the orgieally proposed appropriation of $R93.20~ to $803.208. Intake of nam cases in this categor~ mill possibly hare to be stopped ut-some ~int. Aid to Dependent Children. 31C. is the bi9 one and mae recommended at $2.~70.7~0. Ia ADC es of Hurch 31. 1969. there were 72~ ~ses; March 31. 1970. there were 1.105 cases. On Uecember 31. 1969. there were 3.645 recipients; on March 31. 1970. there were 3.668 recipients, an increase of 223. or an increase of 6 percent in three months. A trend had been projected in the originally proposed budget of an average of 4.485 recipients in fiscal 1970-71. The average payment per recipient increases from $47°83 in December 1969. per moutb to estimated $53.34 , 83 is 1970-?1. la'do lot feeloe all loner the lerege pljlelt. The elteruetive is to reduce ~he ueee~l~ud; Therefore. the.~budge~.iu non revised to estliipate:3,931-reulpieets"le tleiil 19?O-TI~~ Bused et' present tre,d this 'has,the "affect of a.cet.off fa uditfosal'cqse~ souetlme'afterJsl~'l"olth no mis asses being added until '6theru hive dropped out. Clt~ Couioiltu euthorlsetioB ofthis procedure uill ~be lathr'sdkedo' Thls~red~ctioa io'csse iosd'oopabilitl reduces ADC fro. $2.870,T60 to $2,364.732. The C~ ~*s peroentsge of ADC is 13.11 MIN. 31CC, proposed $278,370. 'This is oalT 10percent loc=l s~eriag .ency. There are presestl! !00 enrollees in llH, enticipsting 122 by Jul~ I eld then ~l~naleg'ae sdditioesl ~5'aextjesr. This is nam behg reduced bsch to $163,316 uhich is the present cost and uill limit the Mhile not eevise~. Aid to Permbneatl~ end Totslly Disabled (APTD), 3ID. hsd 315 recipients in ~eceober 1969. The budget is proposed risen to 346 recipients. . persons, Object Code 311. This is proposed for ieclpieats she are Original Budget $&,D24,I52.BO ~eu Total 5.173.162.00 1969-70 Budget Increase over 1969-70 $ 797,665.50 Of the $6,024.152.00 budget originally submitted the local share nas $1,169,201.00. Of the revisedbcdget of $5,173,1~2.00 non submitted. the local share is $1,068,180,00. Net City share reduction is $120,02l. Many people, especially those uho are elderly or physically handicapped are finding that funds they hare from Social Security, S/ Julian F. Hirst In n discussion of the mutter, Hr. Thames expressed the opinion that the conntitutioenl offices nubuit their budgets to Council, cOuncil rerieun,.the budgets, copies are sent to the State Compensation Board and Council is still'in n position to revise the hudgets;.houever, ir the budget of the Department of Public Welfare is sent to the Stere Department'or Welfsre end Institutions Council in no longer i~e position to make revisions to said budget. Mr. Thames then moved that the report be received and filed. The notion ems seconded by Hr. Perhlnson and unenlmonslT adapted. BUILO1NG INSPECTOR: The City Ranager submitted · arltten report recom- mending that the City of Hoanohe adopt the 1969 edition of the Southern Standard Building Code. Hr. Link moved that Council concur in the recommendation of the City Manager and offered the follouing emergency Ordinance: (Xlgl4G) AN ORBINANCE providing for adoption by reference of the 1969 Copyrighted Edition of the Southern Standard Building Code, by amending Sec. I, end Sec. 3. of Chapter 1.1. Title XV,of the Code cf the City of Roanoke, 1956. es amended; and providin9 for an emergency. (For full text of Ordinance, see Ordinance Hoot No. 34. page 250.) Mr. Link moved the ~ option of the Ordinance. The motion mas seconded by Mr. Thomas and adopted by the follomlng vote: AYES: Mess~n. Bosmell. Link. Perkinson. Thomas. Trout, Whee~r and Mayor Webber ..................... ?. NAYS: None ............O. PAY PLAN-CITV EMPLOYEES-CITY ENGXNEER: The City Manager submitted the folloming report advising that h~ plans to recommend te the Personnel Board that th~ position of Right of Way Agent be reclassified as Real Estate and Right of Way Agent in the fiscal year 1970-71: "Roanoke. Virginia April 20. 1970 Honorable Rnyor end City ~ouncil Roanoke, Virginia Gentlemen: There is established in the personnel grouping of the Engineering Department the position of R.i~t of Way Agent. I mfsh to retitle this position to Real Estate and Right of Nay Agent. I think'this nam title mill be more applicable to the position and it mill enable administratively .the assignment to the individual occupying this position matters generally related to the acquisition and sale of real estate by the City of Roanoke. This position mould also serve as the coordinating office for the City's Real Estate Committee enabling the shifting of the details of this work from the City Manager aha is now personall~ handling it to an individual more adequately fitted to devote the attention and time required. I mill recommend to the Personnel Board reclassification of this position in line mith this proposed title. If approved by the Board and acceptable to the City Council. I would then assign these duties to this office. We mfldd avoid the conplicat~ of ordinance amendments for the brief time remaining iff this fiscal year end adjust for the new fiscal year. No change in compensation is anticipated in the current fiscal year. 1¸85 Unless City Coenoil monld-b~e some obJeotiouo may I suggest thst pending this having next gone to the Persoanel Board forthelr Consider- arian, Respectfully submitted, S! Julias F..Rirst Julinn F. aural · City Manager' Hr, Perkiasou moved that the mport be recieved and filed. The motion ~es seconded by Mr. Lisk and uaanJmoosly ado~ ed. · · BUDGE'f-PARRS AND PLAYGROUNDS: The City Rannger submitted a urltten report transmitting a request of the Roanoke Council of garden Clubs, Incorporated. that n landscape gardner be employed by the City of Roanoke. Mr. LJak moved that the request be referred to 1970071 budget sto~y. The SPECIAL PERMITS-STREETS AND ALLEYS: Council having referred to the City aanager for study, report and recommendation a communicutkn from the Roanoke Engruvit Company, requesting permission to encroach four inches on city prop~ ty in front of 420-424 Luck Avenue, S. M., for the purpose of installing modern front on the buildlu this location, the City Manager submitted the following report recommending that the request he.anted: "Roanoke, Virginia April 20, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The City Council on April 6 received h request from Roanoke Engraving Company. Mr. Claude Harrison. Jr.. President,~for permis~ on to encroach 4 inches on City property in front of 420-424 Luck Av~ue. S. #. In response of this referral to me. this hss been checked. The proposed remodeling wcdd be of considerable value to the property smd the general area. To do this remodeling, the encroachment of the maximum of 4 inches mould be necessary. Some other material, other than brick or stone, could be used f~the facing but if.the existing walls are ~rred out and a thinner facing material applied to the furring there mould be au encroachment of about 2 1/2 inches. The distance of the encroachment would be about 112.06 feet. The sidewalk has a width of 7 1/2 feet and under the circumstances the encroachment iould not be detrimental to the movement Of pedestrian traffic. It Is recommended th~ the City Council hI appropriate ordinance authorize this encroachment. Respectfully submitted, S/ Julian F. Nirst Julian F. Hirst City Manager* Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that the following Ordlnn~ce be placed upon Its first reading: (~19149) AN ORDINANCE p~raitlih~ ah egf~ha~htent 6f Rh! ~re than four (4) inches of a brick or stone facing wall over and into the so~h sidewalk area on Luck Avenue, S. N.. for a distance of approximately 112.06 feet. said wall to be erected on the front of a building located on Official No.'101240~ end the northerly ortion of Official No. 1012405, upon certain terms and m ndJtions. :!.87 WHEREAS. Claude Hlrrlsoo. Jr.. omeor of the property herelalfter described. &n mhich the building of Roanoke Engrnvlag Complnj is situate, located on the south sdde of Luck Avenue, S. M., has requested that he be permitted to ocnstruct nad maintain m mew brick.or stone facing on the existing front mall of said building so that amid hem brick or stone facing mould extend over but not more than four (4) inches Into the south public sidewalk and street area of Luck Avenue, S. #.. said neu building to be approximately 112.06 feet in length along said street line; and ~HEREAS, the City Manager has recommended that the request of said namer be granted os provided for herein, a sketch of the proposed construction having been ma~e and filed in the office of the City Clerk; sad NHEREAS, pirsusnt to the authority vested in local g~verniag bodies by ~ 15.1-376 of the 1950 Code of Virginia. as amended, and es provided in Sec. 4. Chapte ?. Title XV of the Code Of the City of Roanoke. 1956. as amended, this Council is agreeable to said owner*s proposal and is willing to p~mit the encroachment herein- after mentioned over and into not more than four (4) inches of the southerly right- Of*may area for the public sldeualk abutting said ouner*s property, upon the terms THEREFbRE0 BE IT ORDAIN£D by the Con,ti of the City of Roanoke that permis- sion be. and is hereby granted Claude Harrison. Jr.. numar of the lets described as Official Nos. 1012405 and 1012406 on which the building occupied by Roanoke Engravin~ Company at No. 420-424 Luck. Avenue. So W.. is located, on the south side of said street, to construct and maintain a neu brick or stone facing on the front of said building, approximately 112.05 feet in length along said street, which said new bricl or stone building front may encroach northerly for a depth of not more than four (4) inches and for the full height of said wail over the south right-of-way line and ante the public sidewalt area on the south time of Luck Avenue. $. W.. abutting the aforesaid lots. as the said wall is indicated on a certain sketch showing the locati( and height of the same. · copy of which sketch is on file Jn the office of the City Clerk. said neu facing wall to be properly and safely constructed and maintained at the expense of the aforesaid owner, his heirs, devisees or assigns, on permit issued therefor by the Building Commissioner and in accordance with the provisions of Chapter ?. Title XV. of the Code of the City of Roanoke. 1956. as amended, and such of the Cityts building regulations and requirements as are applicable thereto and subject, also. to oil of the limitations contained in B 15.1o376 of the 1950 Code of Virginia. abovementioned; it to be agreed by said permittee that by making and maintaining such encroachments, said permittee and his heirs, devisees or assigns agree to iddemnify and save harmless the City of Roanoke of and from all clhims for injuries or damages to persons or property that may arise by reason of the encroachm* of said mall over said public sidemalk area. BE IT FCRTHER ORDAINED that the provisions of this ordinance shall not becom fully effective until such time as a uritten permit shall have been issued by the s Building Comohaioner to the sforetaid caner, or his duly authorized contract~ or represe~tive, sad until an attested copy of this ordinance shall h~ve been duly signed, sealed sad scha0mledGed by the said Claude Hnrriaon. Jr** end shell hive been admitted to record, nt the cost of said permitteeo in tbs ClerRts Office of the Hustings Court of the City of ResnoRe. EXECU'rEO sad accepted by the undersigned this - - day of 1970: (SEAL) Claude Harrison, Jr. STATE OF VIRGINIA S § To-mit: CITY OF ROANOKE § J, , a Notary Public la and for tie City of Ronnohe, State of Virginia, do hereby certlf~ that CLAUDE HARRISON. JR.. whose name ~il signed to the foregoing Nrftiag bearing date the day of . . 1970. has this date personally appeared before ee in my City and State aforesaid and achuow ledged the same. OIYEN under my hand this _ da~ of 1970. commission expires: Notary Public The motion was seconded by Mr. Thomas *and adopted by the follo~in9 Vote: AYES: Messrs. Sos~ell, Lisk, Perkinson, Thomas, Trout, Wheeler and Mayor Nebber ................... = ....... 7. HAYS: Hone ...................O. TRAFFIC: The City HanaGe~ submitted the following re~ort outlining plans for the removal of parkin9 meters at various locations in the City of Roanoke. the changing of certain S-hour meters to 2-hour meters and the chanGin9 of certain 2-hour meters to Sohour meters: "Roanoke. Virginia April 20, 1970 Honorable Mayor and City Council Hoaaoke, ¥irgJnia We have for some time been experiencing difficulties fa damage to parking meters in several areas of the City. The situation is increasing despite a number of efforts to prevent or reduce the problem. Surveil- lance by the police and others bas been intensified in these areas; however, it is difficult to match them all the time. Apparently. meters mith the thought that there may be a little change in them become attractive sourses of many. Numerous arrests have been made; however,:: the offenders range generally from 10 to 17 years of age and the cou~t has not to date been a deterrent. Starting last year. we purchased a number of more expensive meters that are suppose to be burglary resistive. It was not long before the solution mas found as to the methods Of getting into them and tbs result mos simply~more repair costs to more expensive meters and not the prevention of theft of the entire meter or severe damage. In the ureas of.lie problem, the Insole lo re&lively smell amd considerably less than repair coots.on top or initial luvestneal. It io felt that the beet step to be takes is to remove the altraotiveness of meters and perhaps throaoh this me'thUd reduce the uvailablllt~o or the upportqnities o( t~eft. , Accordingly, ue Plan to sake the foiloetng changes la our memr program: 1. Remove the 1Yme~era on the nortk side or #ells Avenue between MJllJaeson Rood and North Jefferson Street. 2. Remove 3 meters on'Center Avenue hetueee North Jefferson Street uno First Street, N. U., leaving the 6 meters nearest to North betueen Franklin Road and Bay Avenu.e. S/ Julian F. Hirst Julian F: HOrst and providing for payment in the amount of $1,350.00 to Mr. Joseph R. NaJJus, Mrs. HajJum, Mrs. Elizabeth M. NajJum and The First National Exchange Bank of Virginia, 'April 20, 1970 The Honorable Mayor and Members ,1~89 GesOemen: The toenail hie the gibers of 0ffielel ~o,'4021506, located oR the Ueit side'of~3rd Street, S, E.~ from Ihiuh'~opevty ~ppro~lm~tely/I50 fe'et~r~ulu~ed railroad eidln0 ~ns removed iR.the coar~a '6r'the uou'etri~t?i~i o( the Route 24 - Elm Avenue, S~ E. Project;~ Oa"Xovember 3o~i96§~ *he Council authorized uu offer to be made to the propert7 ouagrz in payment aBd setlsfuotioa of dlmuges claimed to bavebeeu S~rrered by reenou or the aroresuid sidllg removal, ~e amount of such offer hnViBg been bnsed~upon formal nppraiseln ehich the Council hid prevJouel7 nathorized be made. Ssbsequeut to the pnaaage of Ordlunsce No. 16938, the City #meager hie extended to the propert! ambers the C~ ~*n offer of'settlement, authorized iu said ordiusace; homeve~, the undersigned is advised nppenr that llti0uticn must follom. Joseph R. NaJJun, Hrs. Elizabeth M. NnJJom and The First National $/ J. N. Klncanon J. N. Xincnnou' ~#19150) A~ ORDINANCE authoriziig.end directing the institution of con- NREREA$o the propert~ oua~3 hereinafter ment imed have made claim to the COt for the value of a certain railroad siding removed from the property of said augers in the course of the CaLl's construction of its Route 24 (Elm Avenue, S. £.) Project the City's representatives understanding at the time of such removal that the same permitted and approved by said antlers; and WHEREAS, the Council hhving heretofore, b! Ordinance No. 189~8, authorized certain offer to be made to said owners in full payment and satisfaction of the images claimed to have been suffered b~ reason of the removal of the aforesaid ~ailroad siding, subsequent to Mhich authorization and to the offer of settlement said osiers, the Council is advised of the unwillingness of said owners to accept ~he same in aettlement of thelr claim for damages; and W~ERE~o the City is desirous that final settlement of tau questfo~ be ~esolved and that the formal right, if anlo of said owners in said former railroad ;idingo which was wanted and needed bl the COtI in connection with its construction )~ the aforesaid HlgAmaI Pro~ect, be acquired. NOW, THEREFORE, HE IT ORDAINED bi the Council of the Cit~ of Roanoke that ;he Cit~ Attorne~ be, and is hareb~ authorized and directed to cause condemnation proceedingsto be instituted on behalf of the City against Joseph Ro NnJnm. Eliznbetl M, NnJJUm sod The First National Exhhange Bank of Virginia, Trustee, or against such per sons aha mn! hare been the true ned teuful namers of that certain former railroad siding located on the. nest side of Third Street, S. E.o in the City, on lead describe es official No. 4o215o& on the City*s Tax Appraisal Map, nnd, lu such proceeding, have determined the value, if nny, of the aforesaid owners In said former railroad siding, and to acquire for the City nil. such ouners* rightn in said siding, funds having heretofore been npprop~ated by the Council considered suffi.clent to pay snob damage. The motion man seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Boswell, Lisk, Perkinson, Thom~, Trout, Rheeler and Wsyor Webber .................. 7. hAYS: None ....... STATE CORPORATION COMMISSION: The City Attorney submitted a written report advising that application has been made to the State Corporation Commission by :Mr. Garland L. Cordon. trading as Appalachian Coach Company, for a Certificate of [Pn'blic Convenience and Necessity for the handling of passengers from points of origin at Redford, S~lem and Roanoke and the Counties of Smyth, Montgomery, Itanoke, Botetour Franklin and Bedford and that a public hearing on the application has been scheduled on June 2. 1970, at 10 a.m.. in Richmond, Virginia. Council being of the opinion that it is not necessary for the ~ity of Roanoke to be officially represent'ed at the pbblic hearing, Mr. Pe'rkinson moved that the report be received and filed. The motion was seconded by Mr. Rheeler and unanimously adopted. AUOITS-SCHOOLS: The City Auditor submitted a written rq~rt on an examina- tion of the records of the Booker T. Washington Junior High School for the school year ended June 30. 1969, stating that it presents fairly the financial condition of the fund at the end of the audit period. Mr. Perkinson moved th~ th~ report be received and filed. 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 communication from Mr. Walter E. Fulk~. requesting that no basketball net be permitted within 30 feet of the property line of residential property by stipulating that the re~tr'lct~on shall apply where there is a sick or afflicted person living next to the property, the City Planning Commission submitted tbs following report recommending that the request be denied: *April 16. lq?O The Honorable Roy L. Webber. Mayor and Members of City Council Roanoke. Virginia Gentlemen: The above cited request was considered by the City Planning Commission at i~ regular meeting Of April 15, 1970. Mr. Fuller. 191 ~'' the petitionar,~eteted thet~ke hue seen ns mom! mu 40 children - plmylag bssketbeil.sd]ncent to his hone et i936 Gruudin Hoed, $. b** he noted then:the noise" ereuted b! the children piuying hsiketblll hoe resulted in his uife being hospitalized. ~e, therefore, requests that aa-ordiznnne be adopted stoning tbet so beshetbuil zeta be permitted uitbin 30 feet or the property l lm o! residential properties in zhich tieze is a nick or afflicted person residing. Hr. Hernelstein, the Plasein9 DireCtor noted that the zoning The City Planning Conuiesion xes of the opinion that this request S/ John H. Purrott /b~ L. H. Official Tax Nos. 333110? - 3331111~, inclusive, Hap of Simuons Subdivision, be be denied. In this connection, a ccaaunicntim from Mr. James G. Reed, Attorney, representing the petitioner, requesting that u public hearing on the mutter be held, nas before.Council. . .. . Mr. Trou~ m~ve~ that 8 public hearing on the request for renaming be held nt 2 p.m.~ M~ndny, May lB, 1970. The motion mas seconded by Hr. Wheeler sad nnanimonsl] adopted. ZONING: Council having referred to the City Planning Commission for study. report end recommendation the request of Mr. John R. Frye, et ax., that property located on Morrill Avenue, S. £.. described ns Lot 9, Block 15, Section A. Buenn Vista Land Company. Official Tax No. 4141619. be rexoned from RD, Duplex Residential District. to C-l, Office and Institutional District, the City Planning Commission submitted a written report recommending that the request for rezoning be.denied. In this connection, a communication from Mr. Murray A. Stoller, Attorney. representing the petitioner, requesting that a public hearing on the matter be bald. mas before Council. Hr, Trout moved that' a public hearlno on the request for rezoning be held 2 p.m,, Monday, May 16, 1970, The motion mas seconded by Mr. Wheeler and unanimously adopted. ZONING: Council having referred to ~e City Plannin9 Commission for study, report and reoonmendat~on the requeut of Mountain View Corporation, that property located on the northeast corner of Mountain View Terrace and Fauqnfer Street, S. described aa a portion of 2.044 dcmege, Block il Roanoke Development Land Company, 5. Official Tax No. 1430101, be taloned from RS~3, SinqleoFamily Residential District. RG-2, General Residential District, the City Planning Commission submitted a written report recommending that the request for rezonfn9 be 9ranted. Mr. Trout moved that a public he~ lng on the request for rezonin9 be held 2 p.m., Monday, May lO. 1970, The motion was 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. Julius Goldstein. Trustee for Mr& Goldie Goldstein, tint property located between Chapman Avenue a nd Campbell Avenue, S. described as Lot l, Blook O, Fishbuvn Place, Official Tax No. 1112901, be rezoned from RG- 2, General Residential District, to C-2, General Commercial District, the City Planning Commission submitted a written report recommending that the request for rezoning be denied a~ that Council authorize the Zoning Administrator to issue non-conforming permit for the continued use of the property. In this connection, Mr. Ralph d. MasJuter, Attorney, representing the etJtioner, appeared before Council and requested that*o public hearing on the matter hold. Mr. Trout moved that a public hearing on the request for rezoning be held 2 p.m., Mon~ y, May 25, 1970. The motion was seconded by Mr. ~erkineon and unanimously adopted. REPORTS OF GOM#IT~.RESz SALE OF PROPERTY: Gan·cAI hiving referred to · committee coeposed of Messrs. advid [. £flk. Cholrmifl. Jelf~n F. ·fret, Jnee· N. HJe¢l·o· end J. Hobart ThoRns for stndTo report led recoeeend·tlon n request of Mr. ¢. r. Kefnuver to snrchsse city-owned pr·party located on the sst side of Ninth Street, S. E.; between Uorehend Avenue iud Woodroe Avenue, described es Lot S, Block S, Moruingside Heights Official Tax No. 4141805, the committee subuitted the following report recommending that the offer be accepted f· tho revised ·m~ut of $750.00: WRonnohe, ¥1rgini· April 20, 1970 Honorable Mayor and City Couocll Roanoke, Virginia Gentleeen: The City received an offer in Nuremberg-1969,~ fr~w Mr. Co F. Kefeuver to [~lrehase · lot ge Ninth Street, So Mo, mhlch the City of Hannah· acquired at · Special Cnmmlsnioner*s Sole us Jme 25° 1953, for $250. The lot fs identified as Lot $, Rorafegsfde Heights Hap, Tax No. 4141605. It fronts 25 feet on th·east side of Ninth Street wJtb p·rallel depth lines of 120 feet. Tho Heal EState Committee has on two meetings considered this offering and did finally reject the neount offered as being iusufficient for the value of the property. As · result Mr. Kefauver has submitted · new offering, a copl of uhich is attached and which is in the amount of $750. The Committee considers tbS= amount to be representative of the value of the property and recommends to the City Council the ate ordinance authorizing the sale. Respectfully submitted, S/ David K. LAsh. David K. Llsk, Chairman SJ James H. KJnc~n James N. KJ~Ca~O~ S/ J. Robert S/ 3ulSan F. Hirst Julian F. Hires' Hr. Lisk moved that Council concur i= the recommendation of the committee and that the follouin9 Ordinance be placed upa= its first reading: (=19151) AN ORDINANCE autborJzJn~ the Clty*s sole and conveyance o~ Lot Block 5, Map of Horniugside Heights, Official No. 4141805, upon certain te~ms and RHEHEAS, the City is the omner of the land hereinafter described which, leing held as surplus property and not needed for public pruposes, was the subject Of a written offer to purchase made by C. F.' Kefauver to the City; and WHEREAS. the Council's Re·l Est·to Committee, to which s·id offer was referred, has reported ~ the Council and has recommended that said offer is consis- tent with the fair m·rket value of said lot and should be accepted and that cony·reno, of the title to said property to the off·For be authorized and directed on th~ terms hereinafter set forth. - THEREFORE. BE IT ORDAINRD by the Council of the City of Roanoke that the offer of C. F. Kefnuver to purch~e and acqui re from the City Lot 5, Block 5. Rap of ~!95 Mornicgside Heights, being Official No. 4141905, for und ia colsi~e:sbloa of cash, upon delivery of lheClty's deed of couveyence~be, and said offer is hereby ACCKFTED; end the ally Clerk shall ua olti~y said oFFeror by trsasuiltal of in stteste copy of this ordlnmce, BE iT FURTRER HRHAINEH that the Mayor be, and he is hereby authorized tad empowered, for and on behalf of the City, to execute ko lhe aforesaid purchaser, or to uhoeever said purcbuser shakl direct in erit~g, a proper deed or conveyunce druun by the City Attorney cca~eying to said purchaser the r&e simple title to the afore- said lot, such deed to contain the Gltyts Special Warranty 0! title, the eooveyances end conditions, any iud all existing public utilities or facilities located thereon, end 1970 taxes to be prorated from date or delivery of the City's deed and assessed said lot in the name of the aforesaid purchsser or porchmersl and that the City Clerh be. and is hereby authorized and directed to urfix ~the aforesaid deed of conveyance the City's corporate seal and to attest the same,' both said officials to thereafter acknowledge their signatures as provided by law. BE IY FURTHER ORDAINED that, upon payment to ~e City of the full sum of $750.00, cash, by or on behalf of the aforesaid purchaser, the City Clerk be, and is hereby authorized to deliver'to said purchaser or his authorized representative the City,s deed of conveyance executed as abov~ provided. The motion w~s seconded by Mr. Wheeler mod adopted by the following vote: AYES: Messrs. B6swell, Link, Perkinson, Thomas, Trout, Mheeler amd Mayor Mebbbr ........................ ?, NAYS: None ...............O. AXRPORT: Council having referred ~ a committee for tabuletim, report and ~eeommeadation the bids received for the reconstruction of the ramp at Rao~urs 11 and t2 at Roanoke Municipal (#oodrum) Airport. the committee submitted the following ~epovt recommending that the low bid of Rodges Lumber Corporation in the amant of ~30.309.22. be accepted, and that $1,000.00 be transferred from Supplies and Material: - Coostructtoo to Maintenance o~ Rulldfng$ and Property in the 1969-70 budget of the %irport to proride funds for the project: "April IS, 1970 To The catI Council Roanoke, Virginia Gentlemen: . After proper advertisement, bids were rm~Jved and publicly opened and read at the regular meeting of the City Council on Monday, April 13, 1970, for the reconstruction of the ramp at Hangars 11 and 12 at Roanoke Municipal Airport. Five bids were received, with the low bid ia the amount of $30,309.22 being submitted by Hodges Lumber Company, Inc., of Roanoke, Virginia. A tabulation of the bids is attached to this report. This committee has met at length with representatives of Hodges Lumber Company to discuss their proposal, the subcontractors to be employed, and their proposed method of performing the work. It islthis ebmmittee's opinion thatthe low bidder can satisfactorily perform the work as required by the specifications. Funds for this~proJe~t sere provided ia tbs current budget under Department Code 6S-Alrport.'ObJect C~do 28-.siutenscce of Buildings lad Property. The bllalce la this accouwt,'ufter outltc.dlug bills are paid will be$30,316.17, which will provide sufficient funds rot the performance of this work. It is this commlttee"s recouuecdati)n that: 1. As additional $1,~00.00 be transferred to this project from Account 65,'ObJect Code 41-Supplies and Materials. Construction. to provide funds for engineering testing and inspection of materials; 2. The Iow bid in the amount of $30,309.2~ submitted by Hodges Lumber Cowpcay. ~.c.. be accepted; 3. All other bids received for.thin project be rejected. APPROVED: S! Byron E, Bauer Byron E. Bauer. Chairman Assistant City Mqnsger APPROVEB:S/,Snm B. McDhee III Ram B. McDhee. Ill Assistant City Engineer APPROVED: S~ Marshall L, Harris Marshall L. Harris Alrpor~ Manager" Mr. Perkinson moved that Council concur in the recommendations Of the committee and offered the follm lng emergency Ordinance transferring $1.000.00: (~19152) AN ORDINANCE to amend and reordain Section #65, "A~port," of the 1969-70 Appropriation Ordinance, and p%oviding for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 251.) Mr. Perkinson moved the adoption Of the Ordinance. .The motion was seconds by Mr. Mheeler and adopted by the following votq: AYES: Messrs. Boswell. Link, Perkinsqn. Thomas. Trout. Wheeler,~d Mayor Mebber .................... ?. NAYS: None ........... O. Mr.Perkinson then offered the following emergency Ordinance accepting the proposal of Budges Lumber Corporation for said work: (;19153) AN ORDINANCE acceptin9 the proposal of Hodges Lumber Corporation for the reconstruct b3 of the ramp at Hangars 11 and 12 at the Roanoke Municipal ~irport: authorizing the proper City officials to execute the requisite contract; rejectin9 certain other bids made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 84, page 251.) Mr. Perkinson moved the adoption of the Ordinance. The motion was seconde~ by Mr. Lash and adopted by the following vote: AYES: Messrs. Boswell, Link. Perkinson. Thomas. Trout. M~eeler and Mayor Mebber .................... 7. NAYS: None ........... O. · SEMERS AND S~OEM DRAINS: Council bavin~ referred ~ a committee for study, :eport and recommendation the one bid received from Frank ~. Uartln Drillln9 Company, incorporated, for redrillinO and alterations to three drainage wells in the Nilliamso! ~oad area and the cleaning out' or.her wells in the same area. the committee submitte( ~he following report recommending that the bid of Frank W. Martin Drilling Company, Incorporated, In the amount of $8.791.50. be accepted, and that $6.000,0~ be trans- ferred from Supplies end Materials - Cons~rgction in the 1969-70 Saner and Oral9 Construction budget to Maintenance of Buildings and Property of the Sener Maintenonc budget to provide rands for the project: "April IS, 1970 To the City Council &moke. Virginia Gentlemen: Bids sere received nnd opened before C~ y Conncfl on Monday. April 13, 1970. for the Redrilling sad Alterations to three (3) hells in the Milliomson Road area. also involving the cleaning out or.her wells Jn the same area, Your conuittee has tabulated and revienad the one (1) bid received, As can be seen by the attached tabulation the only bid lubultted nas by Frank I. Martin grilling Company, Inc., in the anonnt of $0.791.50. No funds were specifically allocated in the 1969-70 Budget for this sort, honever, funds in the amount of $2.791.50 exist mfthfn Seaer Maintenance Account 67, Object Code 26. #alntenance of Building and Property, nhich'cdn be used, To accomplish thin murk it la receumeuded that $6,000 be transferred Iron Account 88, Saner and Bruin Construction, ObJect Cede 41, Supplies and Materials~to Account 67 S~ner Maintenance, ObJect Code Maintenance of Building and property tub ring this total ~o $8,791.50 for this project~ APPROVEB:S/ Byron E.'Haner Byron E. Haner, Chairman APPROVED:S/ H. Cleans Brofles B. Cie,us Broyles APPROVED:S/ Sam H. McOhee Ill San H. McDhee, Mr, Perkinson moved that Council concur in the recommendation of the com- mittee and offered the following emergency Ordinance transferrin9 Sb,O00:O0: (#19154) AN ORDINANCE to amend and reordain Section #88, "Sewer and Drain Construction,' aid Section #67, "Sewer Maintenance," of the 19~9-70 Appropriation Ordinance, and providing for an emergency. (For full text,.see Ordinance Book No. 34. page 252.) Mr. Perkinson moved the adq~tion of the Ordinance. The motion nas seconded by Mr. Trout and adopted by the follonin9 vote: AYES: Messrs. Bosaell, Link, Perkinson. Thomas, Trout, Nheeler and Mayor Nebber ..................... 7. NAYS: None ............O. Mr. Perkinson then offered the followin9 emergency Ordinance accepting the proposal of Frank N. Martin Drilling Company. Incorporated: {=19155) AN ORDINANCE providing f~rthe redri/i/ug and alteration of three (3) certain drainage ~ells at various locations in the Milliomson Road area by the award of a contract to Frank N. Martin Drilling Company, Incorporated, for the re- drilling of said drainage Malls; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No, 34. pa~e 253.) :197' Mr. Pbrkiosoamored the adoption'of'the'Ordim nco. The motion mas seconde by #r. Link and odopked b~ ihe follouing vote:· RYES: Nesoro. Bosueli, Lldq Perhinson, Thom, Troat, Wheeler Mayor Webber ................... T. NAYS: None .....~ .... 0. STREETS AND ALLEYS: Council having referred to o committee for triad orion. report and recoumendoklon the bids reeeived for paving of streets ut various location in the City of Roanohe. the committee submitted the follaufng report recommending that ihe Joint proposal of Adams Construction Company and Virginia Asphalt Paving Company, Incorporated. in the amount of $148,564.00. be accepted: "To the City Council Roanoke, Virginia Bids mere reoiired and opened before the City Coonri~ on Mpndny, April 13. 1970, for the paring of various streets in the City of Roanoke in accurdance uJth the Virginia Department of Bighmays Specifications. Your Committee has tabulated and reviemed the three (3) bids received. As can be seen from the attached tabulation the Ina bid nos submitted by Adams Construction Company and Virginia Asphalt Paving Company, Incorporated. bidding Jointly on this project, in the amount of $149,564.00. The lam bid appears to be in order. There remains in the 1969070 Budget $149,$5B.1~ for Blachtop paving. It is recommended that the paving contzact in the amount of $148,564.00 be auarded to Adams Construction Company and Virginia Asphalt Paving Company, Incorporated, and that all other bids be rejected. APPROVED:S! BVFon_E. Bauer Byron E. Hamer. Chairman ~PPROYEB:S/ N. Cletus Bro~les B. Cletus Bra/les" Mr. Perkinson moved that Council concur in the recommendation of the com- mittee and offered the following emergency Ordinance: (m19156) AN ORD1NANC~ accepting the proposal of Virg~ia Asphalt Paving Company, Inc., and Adams Construction Company for the paving of streets at v~rious locations in the City of Roanoke; authorizing the proper City officials to execute the requisite contract; rejecting certain other bids made to the City; and providin! for on emergency. (For full text'of Ordinance, see Ordinance Book Wa. 34. Page 254. I Mr. Perkinson moved the adoption of the Ordinance. The motion mas s~ded Mr. Lash and adopted by the folloming vote: AYES: Messrs. Boswell, Lash, Perktnson, Thomas, Trout, Wheeler and yor Webber ..................... 7. NAYS: Wane ............ O. UNFINISHED BUSINESS: ZONING: The fail,win9 report of the City Planning Commission recommending ~t the request of Mr. Barry L. Ward, that property la, ted on the south side Of [owbert Avenue. S. W.. east of 12 1/2 Street, described as Lots 2 and 3, Block 23, ;asena Corporation, Official Tax Nos. 1231502 and 1231503, be rezoned from RD, Duplex {{ 199 ! Residential Dfst.ric~. to R$-I, General Residential District,' be denied, uss again before Council, #Ap'ril 2, 1970 The Honorsble Roy L. Hebber, Hajnr end Members of Cia! Council Rosnoke. Virginia The above cited re'~e~st' mas considered by the Planning Coeuission et its regular ueetings of #arch 16 nad April 1, 1970, At these meetings Mr~ ward,'the'develop~r'stn'te'd his initial intedtion to construct one duplex structure on each of the two lots. Hr. Mzrd explained ~the ~eneiag Comuiaelon. hozever, that he csnnot build these duplea units under the present zoning ordinance since the lem prorides for resub~ division of edJace~t nonconforming lots under sisgle ownership. He is, therefore., requesting the rezoning in order to build one (1} upartuent house utilizing both lots. He noted the combined diuenslon of both lots {100 ft. by 100 ft.} ned, in addition, that the property he wished to utilize faced both Valley and Hoabbrt' Ave. Finally, he noted that adequate parking facilities mould be provided for this developee~ . Hr. Mermelstein, the Planning'Directbr. at the April 1, 1970 Planning Coauissioe meeting discussed in relationship to this petition Section 36 of the zoning ordinance pertaining to ~he development forming lots in the same ownership; the City Planning Commission had requested the Planning Director to prepare a recommendation coucerni~ the desirubilitl of amending the City's Zoning Ordinance to permit construction on residential lots of less than minimum Mr, Mermelstein, the Planning Director, noted that as the zoning ordinance is now written it requires-that whenever t~e or more vacant residential lots are substandard both in terms or 1o~ size and frontage end in the same ownership these lots awl be combined in a mnn~e~ nhich meets the minimum requirements of the Zoning District in mhJch these lots are located. In~!addition. he pointed out that the purpbse of this clause ia to iaaa me that mhenever possible minimum zoning requirements are met math regard to lot size in order to insure that the character and.nature of the residential neighborhood is preserved; the need for this, he noted, related to preventing overcrowding of dwelling units within an area mhich could result in environmental deterio~ntb2. ~ . Mr. germelstein noted thutthe miniunm square footage and frontage permitted in the least restrictive single famill and the duplex residential district is 7000 square feet nad 60 feet of frontage, nnd the basic reason for this requirement man public preference for the of a building by the dwelling unit itself and a resultant decrease in . the area availsble for family recreation end accessory structure; the existing sixty foot frontage requirement relates directl! to the frontage requirements of both a single family ranch style home which requires at the very minimum a length of 35 feet in u three bedroom home to which e carport, mashing slab or garage of ~ to 10 re'et alii be added and a duplex mhich similarly requires at least 16 to 20 feet of frontage for each unit to which must be added two off-street parking space in some form mith a sufficient yard ~re~ left for two families to utilize for recreational purposes. In reference to thin m'utter the Planning Director noted that the passage of an ordinance to permit the areas zoned for duplex units since the density configuration here would be higher than for the single family units. Mr. Mermelstein, the Planning Director noted that npproximatel~ 1,424 lots throughout the city, mostly zoned for duplexes, mould be affected b~ t~ s proposed amendment to the zoning ordinance (this, however, did not take into consideration ownership patterns which would substantially reduce the number of lots directly affected bI this proposed amendment to the zoning ordinanc~. The Planning Commission after due consideration of both these matters concurred mith the findings of the P]anning Director. tn recommend to Clt~ Council that the orlBinal'rezoning request of the petitioner, Mr, Barry Ward, be denied, Ia addition, the City Planning Commission uaael~ousl! approved sot to recommend to the City Council that Section 36 of the Zoning Ordinance be amended to permit constrectlon Sincerely, S/ John H, Porrott /by L, #. CONSIOERATIO~ OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: (~19132) AN O~OlNANCE to permit Roanoke Gas Company to construct, maintain had operate an underground l~-lech ~elded steel gas main-feeder-line pipeline a (For foil text of Ordinance, see Ordlflocce Book No. 34, page 238.) ~ebber .................................... 6. 201 '(~lQl$?) AN ORDINANCE sutho~lzis~g lhe'Clll*s sale ri'nd conveyince of Lets 4, 5, 6, end ?, elect 23, Map' or Melrose ~nnd 2222T0'6 and 2222?0?, upon certain terms nad provis'ions, NHEREAs, the City is the ou~ of the lands hereinnfter described ahich, being held ns surplus propertl and not needed for public purposes, mere the subject of n uritten offer to pnrchnne made bl the Community Housing Covporntion to the City; MHEREA$o the CounciX*s Real Estate Committee, to uhich said offer was referred, has reported to the Council under date of April ]3o 1970o nod recommended that said offer is consistent nith the fair market value of said lots and should be accepted and thai convelance of tbs title to nard properties to tbs offeroF be nnthorized and directed on the terms hereinafter set fortbo THEREFORE, RE l~ ORHAIHER bl the Council of the City of HoBnobs that the offer of Community ~outfug Cbrporatfon to purchase and acquire from the City Lots 4, ~, 6, end 7, Rlock 22, Map of Helrose Land Company, being Official Nos. 2222704, 2222705, 2222706, and 2222?0?, for and in consider~ ion of $3,000.00. cash, upon of the City's deed of conveyance be, and said offer is hereby the City Cler~ shall so notify aid offeror b~ trnnsuittnl of an attested copy of this OE IT FURTHER ORHAIHEO that the Hayor be, and he is hereby authorized nad ~mpoMeredo rot and on behalf of the tiLT, to execute to the aforesa~ purchaser, or thomever said purchaser shall direct in uriting, a proper deed of conveyance drau~ by ;he Cit~ Attorne~ conveling to said purchaser the fee simple lille to each aforesaid .oS, snob deed to contain the City*s Special Warrant~ of ~itle, the conveyance to be nude subject to recorded restrictions, convelances and conditions, and 19~0 taxes to *rorated from date of delivery of the Ci%~ts deed and assessed on said lots in ~be o~ the aforesaid purchaser or purchasers; and that the City Clerh Lereby authorized and directed to affix in tbs aforesaid deed of conveyance the City' ~erporate seal and to attest the same, both said officials to thereafter achnouledge heir signatures as providid bI RE Ir ~V~THER O~RAiSEI) that, upon payment to the Clt~ of the full sum of ;3,000.00, cash, by or on behalf of the aforesaid purchaser, the City Clerk be, and hereby authorized tb deliver to said purchaser or his authorized representative the :ity*s deed of conveyance as above provided. The.motion naa seconded by Mr. Trout and adopted by the foliouln~ vote: AYES: Messrs. Rosxell, Lisk, Perkinaon, Thomas, Trout, Hbeeler and a~or Webber ......................... ?. NAYS: None ................ O, SPECIAL P/RNITS~~'FATE RIGHNAY$: Council having directed the City Attorney o prepare ~e [~opeF measure ~ing rev~abiq, aon-tranferoble authority to the Sun Oil nmpun~ to maintain n certain gasoline pump island on premises located at 2001Frankli nad, S. W., tnoun as eli of Section 15, Map of Colonial Heights, 1040501. enoroochlog go · plon~ed mcJor srtorlel hlgheey rioht of way nad over on established buildiog setback line, upon celts'in terms and oonditioos, he presented some; uhereupoo, Hr. Trout moved that the follomiog Ordinance be placed upon lis first reading: i~I9150) AN OROINA~CE granting revocable, eon-transferable authority to Sun 011 Company to moJotois I certain gasoline pnap island on premises located at 2001Fronklln Road. S. ¥., hocen us oil of Section 15, Hop of Colonial Heights, Official Ho. 1040501 encroaching on a planned major arterial highuoy right-of-uny end over un established building setback line, upon certain terms and conditions. UHEREAS, Sun Oil Company. occupant of the property or preelses hereincfter described, has requested that it be permitted to maintain · certain gusilne pump island on said property uhfch will encroach Into the rlght-of~moy heretofore planned and approved for Franklin Road os a major art~tial highway on the CJty*s Major Arterl~ H!ghnay Plan adopted February 15, 196~, by Resolution ~o. 16274. and which said gasoline pomp island would be permitted, under certain conditions, to encroach into the 25-foot aide setback area established on the west side of said planned major arterial highway; and upon consideration of the request and pursuant to the sothorit vested in local governing bodies by Chapter 10, Title 15.1 of the 1950 code of ¥irginia, os amended, this Council is agreeable to said occupant% proposal.and is willing to permit the encroachment over and in said areas upon the terms nod c~ditio THEREFORE,BE IT ORDAINED by the Council of the City of Roanoke that permission be and is hereby granted Sun Oil Company, occupant of the premises located at 2001 Franklin Road, S. ~., known us all of Section 15. Hap of Colonial Heights, Official No. 1040501, to temporarily maintain as an encroachment a certain gasoline pump Island located go said property, which said gasoline pump island shall emtmd not more than 6 feet into the area planned and approved as the right-of-way f~r a major arterial highuayo namely, Franklin Road. and uithin the 25-foot wide but din9 setback area established for said major arterial highway; all such construction to be maintained with approred and permitted building materials gad to be properly constrnc ed and safely maintained at the expense of said 9ccopant~ in accordance' with such of the Clty°s build~g and other regulations and requirements as are applicable thereto; the maintenance of the aforesaid encroachment tolbc subject to the limitations contained in a15.1-376 of the 1950 Code of ¥irginia, abovementioned, and the permit it to be agreed by said permittee as evidenced by its execution of un attested copy harmless the City of Roanoke of and from all claims for injuries or damages to person notice of revocation of the within permit, mailed to said permittee or posted On t he aforesaid premises said permittee shall, within sixty (60) days from the date of (! ~m~mmmms it ~o Cost uhatever to the Clt'I; sad that*said pevmittee agrees Ihat |h the event of condemsat~ proceedings brought bl the City of Roanoke or other public agency to obtain right-of-ual necessary for constructing said Major Arterial NJghmal in accordance math the aforesaid Plan, the permittee ~aives ual and nil right it may have to claim reimbursement from the Citl or such other public agency for the cost or said gasoline p~mp island or.its removal. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as · Mvitten permit shall have been issued by the Cities Building Commissioner to the aforesaid occupant or its duly outhoriaed contractor or representative, permitting tho aforesaid construction, and until an attested copy of this ordinance shall have been duly signed, sealed, attested and ocknomledged by authorized officials of said permitte, aad shall have been admitted record, at the expense of said permittee, in the deed hooks in the Clerkes Office of the Huntingn Court of the City of Roanoke ACCEPTED and EXECUTED .by th~ un'derslgned this day of 1970; SUN OIL COMPANY (Seal) ATTEST: By The motion ~os seconded by Mr. Wheeler and adopted by the follow i~D vote: AYES: Messrs. Bosuell, Lisk, Perkinson, Thomas, Trout, Wheeler and Mayor Webber ............... 7. NAYS; None ......O. MOTIONS AND MISCELLANEOUS RUSINESS: STADIUM: Mr. Jack Bo Coulter appeared before Council and advised abut there are conferences presently underway to determine mhether o~ not th~ R~un~ke Buckskins mill keep their operati~s in the City of Roanoke and requented't hat Couflci{ adopt a Resolution expressing their ondorsement of the Roanoke Buckskins. Mr. List then offered the following Resolution exprassin9 the ~holehearted endorsement of the Council of the City of Roanoke, in its own behalf, and on b~hulf of the citizens of the City of Roanoke, to the Roanoke Buckskins, pledging the enthusiastic support of Council to the'Buckskins and urging them to keep their opera{ in t he City of Roanoke: (~19159) A RESOLUTION relating to the Roanoke Buckskins professional football team. (For full text of Resolution, see Renolution Book No. 34, page ~56.) 203 Hr. Lisk moved the~optiou of the Resolution. The motion ems seeded by Mr. Trout and adopted b~ the folloming vote: AYES: Messrs. Dosuell, Lick, Perhlnson, Thoasu. Trout, #heeler nad M~or Webber ...................... NAYS: None ............ O. GARBAGE REMOYAL: Council having adopted ua Ordioozce omendleg Section Chapter 3. Sooitur! Regulations of Title XllI, Hezlth. of The Code of tbCit7 of Roanoke, 1956, zs amended, b~ praridJog regulations for the placing of tree trimmings shrubbery or brouh cuttings for collection Bed reuovol by the city, Mr. Thomas advised lhat he his received telephone calls, letters and numerous inquiries from citizens regarding the hex Ordinance, that some of the citiaeou are not aware of the contents of said Ordinance, that thor there ore.hers who are fully complying the Ordinance but ere receivfeg no resalts from the city and requesting that something be done to correct the situation. In a discussion of the matter, Mr. H. Cletus Droyleu, Director of Public Works, appeared before the body end advised that the neu Ordinance has been e good one, that the citizens of the city are trying to comply with it but ~ has become a burden to haul accumulated leaves and brush gus! because the trucks and equipment ere being utilized in landfill operations. After a rather lengthy discussion of the matter, Mr, Bosaell,moved that the ~esttoe of improving the procedure for leaf and brush collection be referred to the City Manager for study, reporl and recommeodntiou to Council. The motion MOS seconded by Mr. Lisk and unanimously adq~ed. YOUTH COMMISSION: Mayor Webber advised Council that the terms of the Reverend F. E. Alexander, Mr. Ira D. Peters, Jr., Mrs. A; B. C~mper, Mr. L. Graham ~aynie. Jr., and Mr. James E. Jonesas members o~ the youth Commission will expire On April 30. 1970. that there is another vacancy on th~ Ycoth Commission created by the resignation Of Major James D. Hlpp$ for a term ending April 30, 1971, thzt Mr. peters nad Mr. Daynie have declined to serve another term and called for osmium- lions to fill the vacancies. Mr. Perkinson placed in nominal iii the names of the Reverend F. £. Alexaud~ and Mrs. A. B. Camper. Mr. Link placed in nomination the names of Wayne Rs LaPlerre and Leighton ~. Haley. Mr. Perkinson placed in nomination the name::of/Brigadier General Lonnie ~night. lhere being no further nominal imm, the Reverend P. E. Alexsnder was reelect. ed as a member of the Youth Commission for a term of tun years beginning May 1. Mrs. A. D. Camper was reelected for a term of three years beginning ~ay i. 1970, Mr. Wayne R. LaPierre was eJ~cted for · term of tan years beginning Mayil, 1970. Mr. Leighton D. Baley was elected for a term of three years beglnnJng May 1! !970, and, Brigadier Cenerol Lonoie Knight ~as elected to fill the unelplred term of Mo~or James H. Hipps~ resigned, ending April SO, 1971. by the follow~ vote: FOR REVEREND AL,EXANDER-MRS. CAMPER*MR. LAPIERRE-MR.'HALEY-BEIGADIFu GENERAL KNIGHT: M~snrn**Bonmell, ~isk, Fn~kinson, Thomas, Trout, Mheeler and ~nyor Rebber--T Mr. Perkinson then moved that the vacancy on the Youth Com~lssion created by the resignation of Mr. James E, Jones be deferred one meet. The motion mas seconded by Mr**Lihk and nhanimobsly ndqptbd, CITIZENS ADVISORY COMMITTEE: Mn~or Webber cnliedto the nttehtion of Chuncil thot*~herb are still'four vnchncies on'the Citizens Advisory Committee crehted by the resignntiohs of Mr. John T. Snyern,* Mr. C. Lem~a Pitz~r. Jr.. br. Pey~on R. Keller and Mr. L; Graham Royale,' Jr.~ and culled for nomihutions to fill t&e ~acohcies. RaZor*Webber ~laced in nouinhtion the hame of B~. S~ R. Crockett. There being no further nomiuatina, Dr. S. R, Crockett' mas elected a~ a mehber of t~ citizens Advisory Committee for a term Of tun years ending April 14. 1972, by the following vote: FOR DR. CROC~L~T: Roasts. Bosmell, Link, Perkinson0 Thomas, Trout, ~heeler'and Mayor RebberL ............................................. L ..... L ....... Mr. ThOmaS then hayed that the three remaining vhcnnciea on the Citizens Advisory Committee be deferred oho week. The motion mas seconded by Mr. Trout and unanimously adopted. ZONIng: The Ci[y Clerk *reported that Mr. Leroy Moran has qualified as a member of the Board of Zoning Appeals to'fill the unexpired term of Mr. Tom Stockton Fox. resigned, ending December 31. 1971. Mr. Rheeler moved that the report ~e received and filed. The motion was seconded by Mr. Boswell and unanimously adopted. There being no further business, Mayor Mebber declared the meeting adjourned. APPROVED Mayor 205-' COONCIL, REGULAR REETING, Monda~ April TAn Coaacll of th~ Clty'of Roanoke met In regular meeting la the Council Chamber In the Municipal Building6. Mondaye.~pril 27. 1970; at 2 p~m., the regular meeting ho~rt with Mayor Mebber presiding~ PRESENT: Councilmen J6ha #. Dosmell~ Frank N, Perkloooo; Jr., Hampton W. Thomas, James O. Trout, Vincent S. Mheeler and Mayor Roy L~. Mebber .......... 6. ABSENT: Councilman David K. ~lsk ................................. 1. O~-FXCKRS pRESENT: Mr. Julian F, Hfrst, City Manager, 'Mr, Hyros E, Hamer, AssIstnnt City Ranager, Rt. James N. Klncanon, City Attorney, and Mr. J. Robert Thomas, City Auditor. IN¥OCATION: The meeting was opened with a prayer by Councilman Frank MINUTES: Copy of the minutes of the regular meeting held on Ronday, April 6, 1970, having been furnished each member of Council, on mo*lan of Mr. Perkfcson, seconded by Mr. Thomas and unanimously adopted, the reading thereof was dispensed mlth and the minutes approved as recorded. HEARING G~' CITIZENS UPON PUBLIC MAT~ERS: PAY PLAN=CITY EHPLOYEES: Mr. Arnold Schlossberge Attorney, representing the Public Service Employees Loca~ Union No~ 1261 and ~h~.~lue Collar Workers of the City of Roano~et appeared before the body and presented a~e~ised request of the Public Service Employees Local Onion No. 126~ that the Council o~ ~he City of Roanok~ authorize the CityN~neger to set up voting booths at the various wo~k stations the blue caller employees of the Cit~ at Roenoke for the holding of an e~ection by secret ballot under the supervision of the A~erlcnn Arbitration Associetion on the question of designating Lbcal Onion No. 1261 to eot ns their excluslye w~th ~he City of Roenoke on ail matters pertaining to their enpioy~ent. After a discussion of the question, Mr. Trout moved that CounclX take t~e revised request under advisement. The no, ion wes seconded by Mr. ~heeler and unanimously adopted. PETITiOnS AND COHMU~I~ATXONS: BUD~T-SCHOOLS: A communication from the Ronnoke City School Board, requenting that ~2~28~.50 be ~pproprlnted to High School Equivalency Program in the 1969-70 budget of the Roanoke City SchooX Boardt said amount to be lO0~ reimbursable by the Virginia Employment Connission. Mr. ~hones moved that Council concur Iff the request of the Roanoke City School Board and offered the ~ollowlng emergency Ordinance: ~ (z19160) AN ORDINANCE to an*nd ~nd reord~ln Section ~13000, "Schools Rlscellnneoust" of the 1~69-70 Appropriation Ordinance, nad providing for nn emergen (For ~ull text of Ordinance, see Ordinance Book No. 34, page 267.) Mr, Thomas moved the ado~tlOn of the Ordinance, ~The motion was seconded by Hr, Wheeler and adopted by the foil*ming vote: AYES: Mecsrc. Bo~mell, Perkin~on, Thomas, Trout, Wheeler and M~yor Webber .......................... NAYS: None ..............O. (Mr. Lick absent) ZONING-HOUSING-SLUM CLEARANCE: Council having reaffirmed its previous action to deny*he request of Mr. Edwin k. Wood, Director of the Council of Community Services, that Section ? of Article IV and Section 24 of Article V, Chapter 4.1, Titl~ IV, of The Code of the City of, Roanoke, 1956, as amended, be amended to permit a reduction in the parking requirement for non:profit housing projects for the elderly, · comm~nic~tioe from the City of Roanoke Redevelopment Hemming Authority, requesting that Council waive sal~ requirements to permit one parking space for each unit of multiple-family dwelling units in non-profit housing projects fo~ the elderly, insofar, as the project at the southeast corner of 31st Street and Melrpse Avenue, N. W., is concerned, which will permit the City of Rom oke Redevelopment and Beaming Authority to construct a minimum of. 74 paved park spaces initially and if in the future the demand for pa~iug exceeds the 74 spaces the land on the site. under the ownership of the ~uthori~y mill be available for increasing the number of spaces up to 212 as originally designed, was before the bod~. ,- After a discussion of the matter, Mr. Wheeler moved that Council reaffirm its previous stand that no exception be made to the above requirements of the Zoning O~dinance. The motion was sec*pried by Mr. Boswell and adopted, Mr. Perkinson voting no. PROCLAMATIONS-ROAnOKE BAR ASSOCIATION-ACTS OF ACKNOWLEDGEMENT: A communi- cation from Mr. Samuel A. Garrison, iii, Chairman, Law Day Committee of the Roanoke Bar Association, requesting that Friday, May 1, 1~70, be proclaimed as Lam Day BSA in the ~lty of Roanoke, was before Council. Mr. Thomas moved that Council concur in the re,west of the Ro~nhe Bmr Association and offered the foliowingResolution: (#l~iSi) A BESOLBTXON, designa~lng the first day o~ May of ~ach year as LAW DAY, B. 5. A** in the City; and authorizing, and requesting the Mayor to issue appropriate proclamation, annually, inviting the observance of such day or of such other day as in set aside for such observance, (Fcr full text of Resolution, see Resolution Book NO., 34, page 269.) Mr. Thomas moved the adoption of the Resolution, The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Boswell, Perkiflson, Thomast ~rout, Wheeler and Mayor ~ebber ............................ 6. NAYS: None ..................OD (Mr. Ltsk absent) /207 GARBAGE RRROYAL: 'Court*Il having referred to the City Mnnnger-ror study. report fid recommendation the question of improving the procedure for lear and'brash collection, a communion*Jun from*Hr, Earl A, Fi*upa*rich, suggesting that Ordinance No. 16821, relating to leaf and brush collection, be amended to Include tbn month or April and to eliminate the requirement that leaves and brush be placed in bags and cans for collection by city forces. Mr. Wheeler moved that'*ha'suggestions be'referred to the City Manager for his information in connection with his study or the question of improving the proce- dure for, leaf and brush collection, The motion mas seconded by Mr. Trout and unanimously adopted. CIRCUIT COURT: Copy cf Resolution No. Sa, adopted by the Council of the City of Salem on April 13, lg?O, concurring in the division between the City of Rom c the County of Roanoke and the City of Salem of the salaries and expenses of the Courts of the Twentieth Judicial Circuit of Virginia, mas before Council. Mr. Thomas moved that the Resolution be received and flied, The motion was seconded by Mr. Wheeler and unanimously adopted. STREETS AND ALLEYS: A petition from Mr. R. P. Barnes, Attorney, repre- senting Mrs. Margfe S. Etter, requesting that the northwest portion of a 12-root alley running in a northwesterly-southeasterly direction from Tempi*ton Avenue to East Gate Avenue, N. E.~ be vacated, discontinued and closed, was before Council. Mr. [heeler offered the following Resolution providing for the appolntmeflt or viewers in connection with the application for closing the alleyl (#19162) A'RBSO~UTION providing, for the appointment of fire freeholders, any three of whom may act, as viewers in connection with the application of Rargfe Smith Ettert to vacate, discontinue and close permanently the northwesterly portion of an alley in the City of Roanoke*running generally lua northwest-southeast direc- tion through Section 6 of the Rest Gate Addition. (For full text or Resolution, see Resolution Book No. 34, page 26g.) Mr. Wheeler moved the adoption of the Resolution. The motion'was seconded by Mr, Trout and adopted by the following vote: AYES: Messrs. Boswell, Perkins*n, Thomas, Trout, Wheeler and Mayor Webber ......................... 6. · .... NAYS: None ..............O. (Mr. Llsk absent) Mr. Wheeler then moved that the matter be referred to the City Planning Commission rnr study,.report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. REPORTS OF OFFICERS; BUD(ET-CITY ENGINEER: *The City Manager submitted the following report recommending that $430.00 be transferred within the 1969-70 budgets of the Public Works Department and the Street Repair Division, to provide funds for the rapinG*meal of an e~ectric typewriter which is beyond repair: UHoasohe, Virginia ~ April 27t 1970 Honorable MaYor nnd City Council Roanoke, Virginia Gentlemen: A typewriter in the Street nad Sewer Division has become inoperative and needs mnJor repi[rs. It is un old electric typewritmr banded down from the Engineering DlvlsJ. ou several years ago mud is approximately IS years old. Cost estimate on the repairs is $16R with the age of the machine affording no guarantee of condition after repair. The other typemriter In the Street and S,mar. Division Is a 9-year old manual. Me reel the need to replace th~ electric unit and t'he situation is such that me do not feel me can hold up until after the new budget. It is recommended that the City Council by budget ordinance amendment provide for the transfers of the folloming funds to Street Repairs Account 56, Object Code 52, Office Furniture end , Equipment. From Acconnt 59, Street Repair, Object Code 29, Maintenance of Machinery and · Equipment $123,25 From Account SO, Street Repair, Object Code 36, Printing and Office Supplies IO0.O0 From Account '59, Street Repair, Object Code 3S, Food, Medical and Housekeeping Supplies 106.75 From Accouut 56, Public Works, Object Code 35, Printing and Office Supplies }00,00 Total $430,00 Respectfully submitted, S/ Julian F, Hirst · Julian F. Hirst City Manager" Mr. Perklnson moved that Ccundilconcur in the recommendation of the City Manager and Offered the fol~wing emergency Ordinance: (~19163) AN OHDIHANCE to amend and r,ordain certain sections oi the 196g. Appropriatiuu Ordinance, and providing for an emergency. (For full text of Ordinance, s~e Ordinance Hook No. 34, page 270.) Mr. Perhinson moved the adoption of the Ordinance. The motion was seconded by Hr. Mheele~ and adopted by the following vote: AYES: Messrs. Boswell, Perkinson, Thomas, Trout, Mheeler and Mayor Rebber ........................... 6. NAYS: None ................ O. (Hr. Lisk absent) BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City M~nager submitted the following report recommending that $2,000.00 be transferred withtn the 1969-70 budget of the Juvenile Detention Home, to provide funds for food and laundry opera- tions in the Juvenile Oetention Home due primarily to.an increase'in the number of children at the Home: 209 UEooooke, Vlrgioia April 27, 1970 Honsrable Mayor and City Council Roanoke, Virginia GeD*leman: ' Investigation bas revealed that insufficient funds rennin in the Juvenile Detention Ho~eo Department Account 27e~Object Code 30t Food, Medical and Housekeeping Supplies. This lo the account frae mhich food and laundry for the operation of the Juvenile Detention Home is procured. PriMary cause for thio deficiency is the increased population of children at the Juve- nile Hutch*lDo Heoc during the post 7ear. At the time of this writing, 27 children are b~ing housed in this facility mhich mas designed for 21 persons. It isanticipoted that an addi- tional $2,D00 alii be needed to provide food for these children for the reuoinder of this fiscal year. Funds are arailable for transfer from other accounts .ltble this departmental budget. It Mould be recommended that $g41 be transferred from ObJect Code SS, Othcr~ Equipment. and $1,059 he transferred from Object Code 3g, Operating Supplies and Mhterials, to Object Code 36, As Council isaw~e, funds expended for food, medical and housekeeping suppHes are I00 percent reimbursable. Respectfully s'ubmitted, S! Julian F. Hirst Julian F. Hirs't City ~anager~ Mr. Nheeler moved that Council concur lo the recommendation of t he City Manager and offered the following emergency Ordinance': (~19164) .A~ ORDINANCE to amend and reordain Section n27, UJuvenile Detention Home," of the 1969-70 Appropriation Ordinance, and providing for an emergency. (For full text of .Ordinance, see Ordinance Hook NO. 34, page Mr. Rheeler moved the adoption of the Osiinance. The motion mas seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Boswell, Perkinson. Thomas, Trout, Wheeler and Mayor Nebber ........................ 6. NAYS: None ......:--0. (Mr. Link ~sent) · HUDGET-MON1CIPAL COURT: The City Minager submitted the following report recommending that $300.00 be transferred from Dues, Memberships and Subscriptions to Printing and Office Supplies~ the 1969-70 budget of the Municipal Court, to provide funds for the reiainder'of the fiscal yenr~ '. '*Roaeoke. Virginia April 27, 1970 Bonorable Mayor and City Council Rooubke, Virginia' Gentlemen: City Council in its fiscal yehr 1969-70 budget appropriated $2.500.00 to the Municipal Court, Deportmei Code 20. Object Cede 36, Printing and Office Supplies. At thepresent'time this'account is near depletion odd the requirement exists for addS*t mai nupplie. Among the main uses for which funds from this accouhtore expended is postage. There is a legal ~quireoent nhich states that prior to the issuing of n warrant for unpaid parking tickets, a certi- fied letter must be sent to each individual who have not paid the fine within 72 hoers after receipt of the ticket. In recent months, with the issuance of a large number of parking tic*ets, $675 has been ~ent for postage in the last two months. Judge Heverly T. Fitzpatrick has asked that $300 be irma furred from Object Code 27, Dues, Memberships add Subscriptions to Code 36. Printing nnd Gffice Supplies to provide udeqn&t~ funds for con- tinued operntf~a during the remainder or the fiscal lear. It amid be recoemended that the City Council give considera- tion to this request. Respectfully submitted. S/ Julian F. Rirst Julian F. Hlrat City Manager' Rt. Wheeler moved that Council co~ cur lathe recommendation of the City Munuoer and o~fered the follonlng emergency Ordinnnce: {~1916S} AR OI~NANCE to a mend nnd reordnln Section ~20, "Municipal Court." of the 1969-70 Appruprintbn Otl/nnnce~ and proriding for nn emergency. (For full text of Ordinance. see Ordlnnnce Rook No. 34. Page 271) Rt. # heeler mored the adoption of the Or~ nance. The motion aaa seconded by Hr. Perkinson nM adopted by the folloaing vote: AYES: Messrs. Boswell° Perkinson, Thomas, Trout. Wheeler and Mayor #ebber ....................... 6. NAYS: None .......O. (Mr. Link ~sent) INDUb'fRIES=STATE HIGHWAYS: Council having adopted an O~ inance lng and urgln9 the Virginia Department of Highways to initiate a project to provide an industrial access road from 9th Street, S. E., to he Davis R. Elliot Company. Incorporated, located in t he Roanoke Industrial Center, the City Manager submtted the follouing report advising that the minimum pavement for maintenance payments by the Commonuealth of Virginia Is a 30-foot pavement, pointing out that the Davis R. Elliot Company, Incorporated, has informed him t hat they have been advised that the District Office of the Virginia Department of Hfghuays ~ going to recommend to the YJrginia Depatment of High~s in Richmond that an nrrnng~entbe establish ed whereby the State of Virginia mould provide funds for ~ 24-foot pavement and tha the City o f Ro~ke assume the difference between the cost of the 24-foot pave- ment and the 30-foot pavement, in the amount of $10,R31.00: "Roanoke, Virginia April 27, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The City Council on February 9, 1970~ in response to our recommendation for this action to initiate the procedure, adopted Resolution No. 19050, ~equesting the Virginia Department of High- ways* consideration of an industrial access project for the provision of a roadway within he Roman ke Industrial Center com- plex for the new facility being constructed by Davis R. Elliot Company, Incorporated. Preliminary surveys and estimates have been made on the project. The State under itu Industrial access program mill only build pavement to 24-foot width. ~he State*s requirement of mini- mum pavement for maintenance payments, by the Commonuealth of Virginia is 30-foot pavement. This difference of ~x feet arises in matters of industrial access roads ~tthin municipalities. The estimate by the Stsc Resident Engineer of construction cost is as folloas: 24* Pavement 30* Pavement Grading $ 17,500.00 $ 20.000.00 Drainage Structure ~ Pipe 1,250.00 1,250.00 Sub-Rase Material 7,500.00 9.400.00 Bit. Conc. Rase and Surface 20,895.00 26,122.00 Asphalt Prime 1,072.00 1,292.00 Sub-Toad $48,21T.00 $58,064.00 Plus 10~ E·gr. ~ Coat. ~ . 5 606 O0 TOTAL . ,' ~53,037~0Q, The pivis H, Elliot Comps.l., io~6~or·tedo l~i~r~ the7 have bee· odwi~ed~t tie District Offi~e'or'tb~Hlghvu~r Dep·rlmeut uill recommend to Richmond o· orr·ugement mbereb~ the Slate will, with grudis; b! the ludu·trlol Center, provide funds for the,totul cost or the 24-root p·vemeut. This. it repented, is t district renowmeud·tiou und sot o~(fnol decision bi the Hlghwsl ~p·rtmebt. The fllghusy Department eom uihs If the cia! wouldudopt on ~propriate resolution or ordluunne ugree- by to ns·uae lhe difference between the cost of the 24-~ool p·vewent and the 30-foot pnvewe·t. This difference, os shown on the attached estiw·~e, is $10,831.00. This is ·ubmitted for the couslderetim,or the City Council. There ute ua funds provided rot this project wtthiut~cnrrent ye·rs'c bud~ add in connection uJth ~u~trJBl ucces, there has not let bee· determined the final co~t estiuutes for the industriul access rood ~ 'the Macke Company. The Cltl Codn- ciI's consideration ~ this mould be appreciated. Respectfulll submitted, S/ Julian F. Hirst Julia· F. Hlrst Citl ~anaRer" In this connection, Hr. H. Calduell antler, Attornel, representin~ the Davis H. Elliot ~oupan~, lncorp~ted, and representatives of th~ Roanoke Industrial Center, app.~red before Council a~d:advis.d that the Roanoke l~strial C~nteF mill be agreeable to the 24-foot pavement instead of the 30-foot pavement. After a discussion of the question, Hr. Trout moved that t he matter be referred to the Citl Attorney for preparation o~ the proper measure providin9 for the 24-foot pavement instead of the 30-foot pavement. The motion was seco~ ed b~ Hr. Wheeler and unaniuousll adopted. ~AT~ ~ICH~AYS: The Citl ManuRer submitted a .ritten report transuittin9 copl or the form of aRreemeut to be entered into between the City of Ro~ke and the Viroinia ~epnrtuent of HJghwals in connection with the U. S. Route 220 ~roject on Frantlin Road. S. W., from HcClanuhan Street to~e south corporate limits and reconuendin9 that he be author izod to e~r into said agreement. Mr. ~heeler ~oved that Council concur in the recommendat~on of the Cit~ Hana9er and offered the followin9 emerRenc~ O~nance: (=19166) A~ ORDINANCE concurring in the award of a contract bi the Department of HiRhwa~s for the improvement of a portion of Route 220 (Franklin Road. S. W.). in the Citl; providi.9 for the execution of an agreement ~ith the Yiroinia ~epartnent of Highways relative to the maintenance of ~ighwal Project 0220-128-102, C-501, (Rou~ 220-Franklin Road, S. N.). and siRnif~in9 the intent to participate in the palment of a certain ~ortion of the costs of said project: and provJdtn9 for an emerRenc~. (For full text of Ordinance. see Ordinance Book No. 34, PaRe Hr. ~heel~r gored the adoption of the Ordinance. The motion.as . seconded b~ Hr. Trout and adopted b~ the following vote: AYES: Heists. Bos~ll. PerSimmon. Thomas. Trout. ~heeler and Webber ................... 6. NAYS: None-~---O. (Mr. Lisk · bamt) STATE BIGHWAYS: The Cit! Maoager submitted a w~ittca r~v oft trsssmittiag public' notice of the hearing for the Tenth Street Impr°~meat Project ia accordance mith thc provisions bf Sectioo 128 of Title 23 - Highmays United States Code, as emended, and Polic~ nod Procodore Memoraodum 20-8e to be he~d b~ a representative of tho Department of Highways ia the Eureka Parh. Macreation Center at 152g Carroll Avenue, N. W., oa Na~ 6, 1970t at 10:30 e,m. Mr. Wheeler moved that the report and notice be received and filed. The motion mas seconded by Hr. Thomas and Unanfmousl7 adopted, CAPITAL IMPHOVEId~TS PR~06RAM: Council having directed the Clt! Manager and the City Auditor to prepare a report se~tfa~ forth the current financial status of the Capital IBprovemeflts Uond Issue Program and the current financial status of those Capital Improvement Programs presentl7 committee b~ ~ouncfl oa~slde the Bond Issue Program, the City Manager and the City Auditor submitted the following report: 'Roanoke, Virginia April 27o 1~?0 Honorable Mayor and Cit~ Council Roanoke, Virginia Gentlemen: We, at your request, on the motion of NFo Hampton Thomas and consistent with desirable routt~e,;~ have reviewed the Capital Outlay P~gram funding and kubnit to 7ou the attached analysis or the various capital projects as to funds currently appropriated and additionall7 required or satisfactorily ada- As Is obvious from the experience or the~ pas~t 7ear or two, costs of a number of pro~ects have increased. There are various elements relevant to this. Apparentl~ all construction c~sts are continuing ~n · rise. Hfghwa~ projects within the Citl are being especiall~ affected b~ land purchases and speculation that Is evident in the location or areas where projects are scheduled under the Capital Program, This Is reflecting ~n rlght-o~-waF expense end la turn overall project cost. From one viewpoint, i~ time were the onll facto~ involved in estimates then it is ~elt that the problem night not be too serious. HOw- ever, there has been drawn Jato a number of these pro~ect~ a Considerable revision In their scope. It Is this latter item that has especiall~ affected cost and has become somewhat of ~ problem; and In this r~gaFd particular note Is made o~ highwa~ projects, proposed buildings and building revisions and the airport pro~ects. ~e, together with t~e Engineering ~partuent or ~he CIW 'and~ others wh~ huve some relationship to c~rtain other projects, have attempted to estimate these costs within the attached report as ~est possible at this point. Some of the projects are still in soneS* o~ the futu~e~d the omi7 approach that can be taken ship to curr~nt figures. Th~ sewage and ~ater account's' projects bay8 not be~n r~- vieaed ~or this report. It Is felt that th~ should b~ handled s~paratel~ and especiall~ ~ith the sewage s~stem it is considerabl~ indefinite as to certain major projects that ar~ tnd~lnite either la scop~ or in estimated value. Ail ~irport runwa7 ~nd taxlwa7 pro~ects are funded adequatel~ with the exception o~ those for which the Cit~ does not have Federal contracts or grant ~greements. 1. This especlell~ ~pplles to CIP 7 which Is ~or runwa~ 5 with an estinate of $3000,000, 2.1.3 2. CIP 6 for runma~ 15 ls.theaortkrunuay is-left nt~$75eO00 because of the uncertainty ofproceeding with this project. 3. The direction that. Bill be takes with respect to the terminal building iseoniiderably~lnderialte, 'f~ is not reit, ut this point, Jantiried t6 heavily expand the appropriation to this account until more'definite decision can be made as to how much alii be done at the terminal and the Jantlriontion of additional funds, 4. CIP 6 land has been increased from $1Vo, ooo on the basis that additional acquisition alii become advantageous and should be provided rot. 5. OndT CIP 10 the scope or-the municipal bnfldla9 proJect is highly indefinite at this point. ~300tO00 is provided in -the current bond funds and the proposal is;that this be. increased to $700,000. It is realized that'higher figures than this have already been stated but it is not felt that this account should be inflated at this point until studies hare been more closely evaluated. It may be deter- mined advantageous to establish the Jail as a completely separate capital project at a later date. An additional $400,000 is.being proposed to be provided for renovations and improvements within the recently acquired Reid and Cutshail Bulldi~. This is an estimate. It may he. low based on predictions by those who have studied the building but it is felt effort should be made to remain uithin such a figure. 6. CIP 11 for the main fire station has been increased, as it is felt mould be necetsary, from $3BO,000 tO $425,000. 7. CIP 12 the northwest fire station has been increased from $1SO, 000 to $200,000 because Of the expansion of the scope of this proJect to possibly establish it on the Airport and include space for accommodation of airport fire equipment. CIP 15 service center has been increased by $200,000 because of very recent evalnations of I and acqu~ition costs primarily. 9. Without going into details on-each item, note is invited to several changes within the highway capital projects, each one being related to best estimates at this particular point, 10. Four revisions are provided for in the program for drain and Street drain. The present balance of the Civic Center is ref&~cted and ad- Justments are being made in it to cover two lists of ~nip- neet that will have to be provided for the Center and should be included in the capital ~unds. 12, In the list of budget projects only one revision is made and that is for the estimated cost of acquisition of a lot in Washington Park which is adjusted from $7,000 to 13. The School Board has requested that provision be made for $1flO,O00 of capital improvements, #hich is included. Copy of school request is attached, This report is submitted for the City Councllts consideration and we should be pleased to advise further on any matter contained therein. Respectfully submitted, S/ Julian F. Birst Julian F, Hirst S/ J. Robert Thomas J. Robert Thomasu Mr, Thomas moved that Council refer the list of projects to 1910-71 budget cindy with a flew of establishing a priority rating for the various projects, ~he notion was seconded by Mr,. Mheele~ and un,maim*only a~opted. . PAY PLAN-CITY EMPLOYEES~ Council having token un, er advisement a report of the City Manager on a proposed Grievance. Procedure t~ be m~de availabl.e to city euployees, the City Manager submitted a.mrfttea report again tracsmfttfag said C~le~ance Procedure aa~ requesting fatornble action thereon as a Council or odminis- tr~ive policy or procedure. Mr, Perhinson moved that the rep,oft be received and filed. The motion mas seconded by Mr. Thomas and unanimously adopted. STATE HIGHMAYS: The City Manager submitted ~ written report advising that the Virginia Department of HlghmaFs has requested that the City of Roanoke adopt the necessary measures requesting the State .of Virginia to acquire rights .of way for the 13th Street and Denning*on Street Project from Dale Avenue to Rlvordale Road, So an~ t~e Route 24 Project from llth Street to 19t~ Street, S. £.,, mi*him the corporate ilimits of the City of Roanoke and that the City of Roanoke assure the V~rgiuia, Depart~ Im~ut of High~s that the city will assume IS per ce~ o~ t~e total cost of the rights Mr, ~erkinson moved that .Council concur i~ th~ reco~endatloa of the City Man~ger and offered the following Resolution reques, ting the Virginia Dep~rtment of Highwa~ to acquire rights of woy.for the 13th Street and Hennington Street Project:; (mlgl~?) A RESOLUTION requesting the State Highway Commissioner to acquire the necessary rights-of-way for Project UOOO-IRa-IO2t RM-201, being 13th Street and Dennington Street, S. £, (Route llS-ll~), from.Dale Avenue, S. E., to Riverdale Roadt wi*biff the corporate limits of the City; arid guaraflte~lng to reimburse t~e S~ate Highway Department for fifteen per cent (15~) of all costs incurred ia such acquisi- tion; (For full text of Hesolm ion, see Resolution Book No, 34, page 2?4.) Mr, Perkinson moved the adoption of the Resolution, The motion was sec*nde by Mr, Mhe~ler and adopted by the follow~ng vote: AYES: Messrs. Boswell, Perkins.n, ~homust Trout, Mheeler and Mayor NAYS: None ............O. (Mr, Lisk absent) Mr~ Perkinson then offered the following Resolution requesting the Virginia Department of Highways to acquire the n~cessary rlght~ of way for the Route 24 ProJecl (#19168) A RES(I. DTION requ~ ting,the State High,ay Commissioner to acquire the necessary rights-of-way for Project 0024-126-103, R~-201~ being Route ~4 from Street, S. £., to 19th ~treet, S. E., within the corporate l~mlts ~f the City; and guaranteeing to reimburse the State Highway Department for fifteen per !ant (IS~) of all costs Incurred tn such acquJsition~ (For full text of Resolution, see Resolution Book No. 34~ page 2~4.) ~215' #r. Perkiasou moved the adoption of the Resolution. The moti o~ nas second hy Nv. T~omon end adopted by the foliomieg vote: ~ebhev .................. 6. NAYS: None-o-H. (Hro Lisk absent) G~DA(~ REMOVAL-STREETS AND ALL~YS: Council having referred to t~e City Manager for study and report a complaint of Hr. Charles Hearn, 1409 15th Street, H. that the public is using land at the end of Varnell Avenue for dumping and that the] is broken gloss os the streets in the urea, the City Hanager submitted · written report advising that the Health Depaltment has been n~tified of this condition and that the lot bas been cleaned. Hr. Wheeler moved that the report be received and filed. The motion was seconded b7 Hr. Trout and u~lmously adopted. ,. - , ~AFFIC-CE~BRATION: The City Manager submitted a written report advising that Downtown Rennet.o. Incorporated, will conduct a Festival Program on June 6, and 14t 1970t and that the Old Dominion Sports Car Club has requested that Canpbel~ Avenue ~ron Second S~reet, S. ~** to Jefferson Street be closed on Sunda7t June 14, 1~0o ~a order ~or them to conduct n sports car event. In this connectiont Hr. William R. Hill, representing Downtown Roanoke, Incorporat~ and Hiss Anna Yes ~eFt representing the Old Domision Sports Car Club, appeared before Council In support of their request. ~teF a discussion of the wetter; Hr. Perkinson moved that Council concur In the report of the City Hanager and that the matter be referred to the cnw Attornt .for preparation of,the'proper measure. The'motion Was seconded'b7 Mr. Thomas and adopted. Hr. Wheeler ,voting no. AIRP~T: Council having received and filed a report of the City Attorney advising of the filing of a motion of the Greenbrier County Airport Authority before t~e Civil Aeronautics Board :f OF entry of an order to sh~ cause or for an expedited hearing on t~e request of the Authority for scheduled air transportation to be supplied by Piedmont Aviationt Incorporated. on Segment 2 of its Route No. 87 of the Greenbrier County Airport ,at Lewisburg, ~est Virginia, as an.inter~ediate point on Route 67 between Roanoke and Charlestont ~est Ylrgini*~, the Cit~ Attorney submitted a written report advising that the Hearing ~xaminer has issued an initial decision and conditional order which ~ou~d provide air ~ran~portat]on of persons,, property and nail by ~iedmont Avaiation, Incorporated, for the new point Creenbrier/White Sulphur Springs/Lewisburg~ West Yirginlat on Segments 2, 3t ~ and 9 of Rou~ Roanoke Hunicipal (Noodrum) Airport being a point 0n each of those route segments and being a point, also~ on Segments 10 and 11 of that ,route. Hr. Thomas moved that the report be recd red and filed. The motion was seconded by Hr. Trout and unanimously adopted; APPALACHIAN POMER COMPANY-SCROOLS: The City Attorney submitted the foil*nj report transwitting a prop*ted Ordinance moth*fixing the execution or e uti*ten ~.. license and permit to the Appalachian Power Compa ny to constrnct, erect, operate and wain*sin underground electrical transwission lines and equipment to serve the Ruff*er Junior High School property: .UAprll 27, 1970 The Honorable Mayor and #embers of Roan*he City Council' Roanoke, Virginia = Gentlemen: Appalachian Power Company has requested and the School:Board of the City of Roanoke has approved the granting of a license and permit to the Power Company to construct, operate and maintain certain underground electrical transmission facilities to sGrve the new Huffner Jun~r High School building, the,same to extend from points in Ferncllff Avenue, ~xtaded, oortheaste~y to under- ground transformer van{ts at two locations on the school property. A form of license agreement has been prepared by the undersigned, approved for execution by the City, s~ould the same be authorized by the City Council. A copy of the Power Companytn plan for the underground.electrical service is enclosed for your information. The City Manager having generally approved,the proposal, ! have prepared and transmit herewith for the CouncilOs consideration an ordinance,mhich would authorize the CltyOs execution Of an , appropriate license agreement with Appalachian Power Companye which agreement would be made terminable on written notice direct- ed by the Council. Respectfully, S! J. N, £i~canon J. Ne Kincanon" After a discussion of the matter, Mr.*Wheeler moved that ~he proposal he referred to the City Manager for further stud~ with regard to t~e constrnction of underground electrical transmission facilities rather than overhead facilities and t Sbbmit hi~ report to Couhcll. The motion was seconded by Mr. T~out and unanimously adopted. ZONING-A~RPORTI Coui~il having received and filed a report of the City Attorney advising that on December 30,.1969t the'Board of S~pervisors of Roanke County adopted an Ordinanc~ which is considered to be proper and adequate comprehen- sive and height zoning regulations in general regulation and restriction of the use of property lying within the County o[ Roanoke in the vicinity of Roanoke Municipal (Ho*drum) Airport, and Council having adopted an Resolution acknowledging the action of the Roanoke County Board of Supervisors, th~ City Attorney snbmitted'a written report adVising'that th~ Federal' A~iation Administration now considers that the City of Roanoke has achieved a~propriate zoning action pursuant'to the terms of FAA Grant Agreements No. 9-44-012-C615 and 9-44-012-C16. Mr. Thomas moved that the report be r~ceive~ a~f~led. The motion was seconded by Mr. Perk~uson and unanim'ously adopted. ZONING: Council having ~eferred to the City Attorney for a~vic~ as to the proper procedure to be followed in connection'with a' report of the City Planning Commission that the request of Mr. Arthur B~ CeuSh', Jr** that Subsection 7, Studios, .,2:t7 INTRODUCTION AJiO CONSIORRATIO~ OF. ORDINANCES AND RESOLUTIONS: ZONINGs Ordinance No. 19139, fez,ming two parcels of land located on the east and west side of Miller Stre~, ~. ~., described as Official Tax Nos. 2720104 end 2?20BOle Trout Land Map, from RS-3, Single-Family Residential District, to R.G-2, General Residential District8 having previously, been be~re Council for its, first reading, read and laid or*re was again before the .body, Mr. Wheeler offering the following for its second reading and final adoption: (algl3g) AN ORDINANCE to amend Title XY, Chapter 4.1, Section 2t of The Code of the City of ~oanohe,. 1956, as amended, and Sheet No. 2?2,,~ec~io~al 1966 Zone Map, City of Roan*he,. ia relatim to Zoning, (For f~ll tex~ of Ordinance, see Ordinance, Book Non. · Ir. Rheel~r qoved the adoption of th~ Ordinance. The motion was seconded by Mr, Thomas and adopted ~y the following rote: AYES: Momars. Boswell, Perkins*n, Thomas, Trout, Mheeler and Mayor . ~ebber ................. ~ ...... ~---6~ , : NAYS: None ............. On (Mr, Llsk absent) SZREETS AND ALLEYS: Ordinance No. 191~O, v~cating, discontinuing and clos] an alley approximately 25 feet wide ~nd 100 .feet long extending ia a southerly direction ~rom Cea.tar Avenue, N. ~o, to another alley which runs generally east and west between and parallel to Third Street and Fourth Street, N, M., having previousl~ been before ~oancil for its first reading, ,r~a~ a~d laid over, was again before the body, Mr. Rheeler offering the following for itc second reading and final ad. ti,n: (nlgl~O), AN ORDINANCE permanently ~acating, discontlnui.ng and closing a certain alley, approximately 25 feet wide and I00 feet long, and extending in a la*nth*fly direction from Cea*er Avenue, No W** to another alley which runs generally east and west between T,hlrd and. Fourth Streets, N. M., in the city of Roanoke, Virginia. '(For full text of Ordinance, see Ordinanoe Book No. 34, page 259)° · Mr. Mheel~r moved the adoption of tho Ordinance. .The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Perkinson,.Thomas, Trout, ~heeler and Mayor Nebber--~ .... 5. NAYS: None ....~ ...... ~ ......~ .........,-----~-0. ....... ~ ............O (Mr. Boswell not voting) (Hr. Llsk absent) In this connection, a communicat.ion ir.om Mr. Talfourd N. Kemper, Attorney, representing Roanoke Coca*Cola Bottling Ro~ks, ~ncorporatedt offering to purchase the alley running generally east and west between Third Street and Fourth Street, N. [., for the sum of $100,00, was before Council; .... Mr. Thomas moved that the offer be referred t~ a committee composed of David K. Lisk, C~airman, Julian F. Hits*, James N. Kincanon and. J. Robert Thomas for study, report, and recommendation to Council. ~he ~otion was seconded by Mr. Rheeler and unanimously adopted. : 2!9 .~ SPECIAL PERMITS-STREETS AND ALLEYS~ Ordinance NO, 191490 permitting n. encroachment of eot moro then four Inches of m brlch, or stone facing mall over end into the south sidewalk area on Luck Avenue, $. W.o for a distmce of approximately 112.06 feet, having previously been before Council for its first reading, read and laid over, wes bgaie before the bodyt Hr. Wheeler offering the following for its second reading and final edoptios: (a19149) AN O~OlNANCE permit,fag an~encroacbmeot of not more than four (4) inches of u brick or stone facing wall over and into the sou~h sidewalk area on Luck Avenue, S. M.,, for a distance of epproximately 112.06 feet, said wall to be erected on the front of a building-locqted on Official No., 1012406 and the northerl~ portion of Official, No.. 1012405, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 34, page 261.) Rr. Wheeler moved the adoptioh of the Ordinence. The motion was seconded by Mr; Thomas and adopted by the following vote: : A~S: #essrs. Boswell, Perkinsou, Thomas, Trout, Wheeler and Rayor Webber .....................6. NAYS: None--~ ....O. (ar. Lisk absent) STATE HIGHWAYS: Ordinance No. 19150, authorizing and directing the insti- tution of condemnation proceedings to acquire the property rights, if any, of certai owners in a railroad aiding remored from property situate on the northwest corner of Third Street and Albemarle Avenue, S. K., described as Official Tax No. 4021506, in connection with the State Route 24 Project, having previously been before Council fo its first reading, read and laid over, was again before the body, Mr. Wheeler offerl the following for Its second reading and final adoption: (nl~lSO) AN ORDINANCE authorizing and directing the institution of con- demnation proce~dings to acquire the property rights, if any, of certain owners in a railroad siding removed from certain real property in the course of const~uction of the City's Route 24 Project. (For full text of Ordinance, see Ordinance Book No. 34, page ~62.) Mr. Wheeler moved the adoption of the Ordinance. The motlonwas seconded by Mr. Thomas and adopted by the following vote: . AYES: Messrs. Boswell, Perkinson, Thomas, Trout, Wheeler and Mayor Webber ....................... BAYS: None .............O. (Mr. Lisk absent) SALE OF PROPERTY: Ordinance, No. 19151, authorizing the sale and conveyanc toW r. C. F. Kefauver by the City of Roanoke of property l~ated in the east side of Ninth Street, S. E., between Morehead Avenue and Woodrow ~venue, described as Lot Block 5, Morningside Heights, Official Tax ~o, 4141805, for the sum of $?~0. OO, cash having previously been before Council for its first reading, read and laid over, was again before the body, Mr, Wheeler o[fering the following for its second reading and ilnal adoption: (#19151) AH GEDINAMCE authorizing the City's sale and conveyance of Lot Block 5. #ap of Norningside Heights, Official Tam Ho. 4141605, upon certain terms and provisions. (For full text of Ordinance, see Ordinance Book No,.3~, pagq 263.) Hr. Wheeler moved the ~nptlon of the Ordinance. The notion uss seconded b! Hr. Trout and adGpted by the ~l]ouia~ vote: AYES: Hessrs. Bosuell, Perklason, Thomas, Trout. Wheeler and Mayor Webber .......... J ............ 6. NAYS: None ........ O. (Mr. LIsk absent) SALE OF PROPERTY-DELINQUENT TAXES: Ordinance No. 19157. authorizing the sale nad conveyance to Community Housing Co~poratfoa by the City of Roanoke of four parcels of land located on the north side of Moorman Road. N. R., betneen 13th Street and 14th Street, detcribed as Official Tax Nos. 2222704 - 222270?, for the nam of $3,000.00. having previously been before Council for its first reading, rend and laid over, was again before the body. Mr. ~heeler offering the follouing for its second reading and final adoption: (=19157) AM OROINANCE authorizing 'the City's sale and conveyance of Lots 4. S, b, and T. Block 23. M~p of Wel~ose Land Company. Official Nos. 2222704. ~22705 ~22270h and 2222707, upon certain terms and provisions. (For full text of Ordinance. see Ordinance Book 34, page Wr. bheeler moved the adoption o~ the Ordinance. The motion mas seconded by Mr. Thomas and adopted by the following vote: AYES: MessrSo Boswell. Perkinson, Thomas, Trout, Wheel~rsnd Wayor ~ebber ....................... ~ATS: None ........ O. (Mr. Link absent) SPECIAL PPRMITS-STATE BIGRMAYS: Ordinance ~o. 19158. 9rantinG revocable. aaa-transferable authority to Sun Oil Company to maintain a certain gasoline puup island on premises located on 2001 Franklin Road, S. W.. knoun as all of section 15, Map of Colonial BeiGhts. Official Tax No. 1040501. encroaching on a planned uajoF arterial bfgbuaF rlgb~ of *way and over an esZablished b~ildtno setback lice. upon certain terms and conditions, having previously been before Cooocil 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: (=lglSH) AN OROIMAMCE granting revocable, non-transferable nnthoritl to Sun Oil Company to maintain a certain gasoline pump island on prestses located on 2001 Franklin Road, S. W., knonn as all of Section 15, Map of Colonial Beights, Official No. 1040501 encroaching on n planned major arterial highway right-of-waY and over an established building setback line, upon certain terms md conditions. (For full text of Ordinance, see Ordinance Book 34, page 266.) Mr. Wheeler moved the~option of the Ordinance. The motion Ir. Trout and adopted by the follouing vote: AY£S::Wessrs. Bosuell, Perkinson, Thomas, Trout, Wheeler and Mayor ebber ...................... ~AYS: ~one ....... O. (~r. Link absent) 221 MORIONS P~ND MIS(;E~LAN£OUS BUSINESS: JUVENILE AND DOMESTIC RELATIONS COURT: Mr. Bosuell called to the atlantic Df Council t~et os April 21, 19~0, vnndnlu broke into the Melrose United Me~ odist Church, that this Is the sixth time mithla tug months that ams church has bees vandalize'J, that sev*erc~ months nog he introduced a Resolution to Counts i~:counectlc mi~ vandalism to private property, that the Resolution roiled passage and the April 27, 1970 Honorable Mayor nad Citl Council Roanoke, Virginia Nor do I mast to appear to minimize or lightly regard Destruction or ~ri~ate property or others bas been going on much else could be asked.' Some ray the department should' ho~e' more officers, More officers cee 81mpys be used but they should be intermoven le the to*el department!work and not detailed as m continuous unit.~ Additional officers should not be odded with any ossmronce the* they are the answer to eliminating the dest~oytng of private property, It would be a raise promise, I feel your department is efficiently working t~e City in lam 'enforcements Me administratively have a concern about crime-- in all categories--and our promise to you is the effort to dd the best we can. Respectfully submitted, S! Julian F. Hivst Julian Fo Rirst City Masager" PARKS AND PLAYGROUNDS-GARBAGE REROVALt Mr. Trout presented the following prepared statement advising that the city of Roanoke has in its possession a commun/ cation from Mr. Lee B. Eddy, Chairman of the Board of Supervisors of Roanoke County. advising that the Board Of Supervisors Is pleased to offer to the City of Roanoke the use of the Dixie Cavern landfill site on an interim basis and recommended that the city accept the offer of Roanoke Comnty~ "Recommendation that the City of Roanoke accept the county*s invitation to use its property at Dixie Caverns for landfill pur- poses and develop a plan for a refuse transfer station. It is q~ te obYious to most city officials and ali concerned citizens'that due to the shortage of large tracts of land the City mmst locate a sanitary landfill operation outside the city limits. Experience has been that citizens In all areas of the city are not willing to support efforts on u temporary basis to ese small tracts of land mithlu our honndaries. The present operation is be- coming most expensive due to the Inch of available material for filling and compaction purposes at the present site; and the present operation does not allow for efficient and economic operation of our equipment, in mhich we have n heavy investment. Thereforet I feel that it is most Important for us to consider strongly the invitation from the county to use the Dixie Caverns for sanitary landfill purposes. Therefore, I recommend that City Council instruct the City Manager to discuss mith county officials and try to reach a working agreement for conditions that mill be to the satisfaction of both governmental bodies and the City Manager be also lnstrncted to develop a plan on the location of a transfer station and considering the former incinerator property os its location. The people of the community are adjusted to and have accepted the present location of the incinerator and it does have certain other advantages that should he tahen in consideration. It is located adjacent to Inter- state 5~1 and using this property would result in the City not needing to acquire and remove from tax rolls additional property. Locating in another area could very well result in disagreement from some of our citizens. S! James Trout James O. Trout" In a discussion of the matter, Mr. Boswell advised that to his kflomledge the Roanoke County Board of Supervisors has never offered the Dixie Cavern landfill site to the City of Roanoke on an interim basis. After a discussion of the matter, Mr. Trout moved that the City Manager be instructed to discuss with officials of Roanoke County the question of the use of county-owned land at Dixie Caverns by the City of Roanoke for sanitary landfill purposes with a viem of ~orhiag out a mutually satisfactory agreement for the use of sold laud and to develop a plan for the location of s refuse transfer stationt takio~ into consideration the incinerator property. The motion mas seconded by Mr. Thomas and unanimously adopte~ VOOYH COHMISSIONs Mayor #ebber advised that he has ~ppolnted Mr. David K. Lisk as a member end Chairman of the Youth Commission for a term of three years be- ginning May Iv ?70. to fill a vacancy created by the resignation of Hr. James E. Jonese There being no further business. Mayor ~ebber declared the meeting adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, May 4, 1970. The Council of the City or Roanoke met ia regular meeting in the Council Chamber ia the Wuelcipsl Building, Monday, May 4, 1970, et 2 p.m., the regular meetis hour, mith Mayor Webber presiding. PRESENT: Councilmen John M. Bosmell, David K. LiSh. Frnnk B. ~erkinson, iJr., Hampton M. Thomas, James O, Trout, Vincent $, Rhee~ and Mayor Boy L. Webber .................................. ?. ABSENT= None ................. OFFICERS PRESENT: Mr. Julian F. Blret, City Manager, Mr. Byron E, Bluer. Assistant City Manager, Mr. James N. Ki~ anon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVO(~AT~OB: The meeting wes opened with · prayer by the Reverend William D. Henderson, Parrish Missioner, St. John*s Episcopal Church, MINUTES: Copy or the minutes of the regular meeting held on Monday, April 13, 1970, having be]~ furnished each member of Council, on motion of Mr. Perkin- son, seconded by Mr. Link and unanimously adopted, the reading thereof Was dispensed uith and the ~nutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: WATER DEPARTMENT: Pursuant to notice of advertisement ~or ~ds on Contract "M" - Boxley Bills Pumping Station Construction. said proposale to be received by the City Clerk until 2 p.m** Monday, May 4, 1970, and to be opened at that hour before Council, Mayor Webber asked if anyon~ had any questions about the ~ ~e City Cl~k topr~eedui~ the olxmingofthebid$~ whereupon, the City Clerk ~e~edau following bids: Brock ~ Davis Company, Incorporated $148,000.00 Watts C Breakell, Incorporated - 151,700.00 Mr. Perkins~n moved that the bids be referred to a committee to be appoint. ed by the Mayor for tabulation, report and ~ecommenda~ion to Council, the CiU committee. The motion was seconded by Mr. Link and unanimously adopted~ Mayor Bobber appointed Messrs. Byron E. Hamer, Chairman, Thomas B. Duma' and Samuel B, Mc~hee, ~lI, as members of the committee. ZONING: Council having set n public hearing for 2 p.m., Monday, May 4, 1970, on the request of Messrs. Richard H. Fisher and Frank L, Reid. Jr.. that property located on the corner of flroaduay and Btepheeson Avenue, S, M,, described a Lot 1, Block 78, Crystal Spring Land Company, Official Tax Nos. llbOl~ and 1160131, and Lot 2, Block 1, Oollyhon Addition, Official Tax No. 1660110, be rezoned from RS-3,the matterStngle-FamllYwas beforetheReSidentialbody. District, to C-l, Office and Institutional District. lo th'~ eoaeectloe, the C/fy Plseeleg Comminalol Snbaitted the foil,nj,9 report recommending that the request for renaming be denied: *April 2, 1910 The floeoroble Boy L, #ebbhr0 Mayor end Members of CSt! Council Roanoke, Vlroieie Gentlemen: sion et its regular Beating of April 1o 1970. At this meeting, Mr. Arthur fi. Crush, Attorney, noted thehteelfon of thc petitioners to develop · medical clinic on the lots in questius. by 20 residents objecting to this resoeing ~titlon. Ia edditJ~, much vocal opposition oas expressed by many or the local residents in attendance of the City Planning Commission meeting to this rezoning petition; the heavy traffic generated by this use and · the general incongruity of the use uith the geeeral character of the area served as tho basis for this opposition. After due consideration of this request by the Planning to recommend to City Council that this request be denied. Sincerely. S/ John H. ParrotS/ by John H. Parrots Mr. Arthur R. Crush, Jr., Attorney, representing the petitioners, appeared before Council in support of the request of his clients. In this connection, a communication from Mrs. Meade B. Webb, 2402 Broadway and Mr. and Mrs. A, £, Haul. 240h Broadway. expressing oppos~ion to the proposed renaming, was before Council. Appearing ia opposition to the request for~zoning, were Mr. John flarbour Frye. 2903 Stephenson Avenue, $. M., Mr, Martin P. Barks. 2~02 Stephensoo Avenue. $. W.. and Mrs. Mary Frances Parsons. 2505 $tephenson Avenue. $. After a discussion of the matter. Mr. Wheeler moved thatihe request for fez,ming be denied. The motion was seGmded by Mr. Lisk and unanimously adopted. ZONING: Council having set a public hearing for 2 p.m., Monday. May 1970. On the request of Messrs. Robert W. Putnam. Frank R. Gregory. John Barb,or Fry~ and £duard Graham Frye, III, that property located on the northerly side ~ Melrose Avenue, N. _~., described as a portion of Lot 4, Van De Yyver Land Map, Official Tax NO. 2660109. be fez,ned from C-I. Office and Iostitutional District. to C-2. General Commercial District. the matter mos before the body. ID this connection, the C~y Planning Commission submitted the full,win9 report recommending that the request for fez,ming be granted for only that portion of the lot extending from the north side of Melrose Avenue back to a depth coinciding with the existing contiguous bowling alley commercial zoning lot line to pr,ride for a uniform commercial depth: "April 2, 1970 The Honorable Roy Lo ~ebber, Mayor and Members of City Council Roanoke, Virginia Gentleme·: The ·bore cited request u'so C°q~Jdered by the ~ity Plo·ming Commission et its reguler ueeti·g or'April 1, 1970, At this meeting Mr. Pierce. Attorney for the petitioners noted: 1. The petitioners plan to develop n uholescle flor·ge urea and ret·il carpet Outlet operetion uith docking'facilities in the re·r, 2. This development alii co·sist of e single flor·ge are·. See reiident qeeotJ~ed the extent of commercial rezoning proposed for,this lot. The City Plonning Comsissl0n expressed co·cern mith mainS·loin9 · uniforR eoRnerciol zoning depth ·long Melrose Ay·sue; the percel question has · total depth of approximately ?00 feet smd the petitioner had requested rezoning for the entire lot. The City Plsnnin9 Co·mission mu of the opinfrd3th~ the proposed use xas in keeping with ~e general character of the ·re·. Accordingly. notion was made. duly seconded and uncniuously approved recommending to City Council thus this rezoning request be cpproved only for that portion of the lot extending from the north side of Melrose Ave. bach to · depth coinciding ui~ t~existing contiguous bouling alley commercial Zoning (C-2) lot line to provide for e uniform commercial depth. Sincerely. S/ John H, Parrots /by John H. Parrott ChaJrmqn? Mr. #illJam N. Pierce. Attoroey. representing the petitioners, appeared before the Council In Support Of the request of his clients. No os· appearing in opposition to the request for rezoning. Mr. Rbeeler inoved that the following Ordinance be placed upon its first reading: (m19169) AN ORDINANCE to amend Title XVo Chapter 4.1. Section 2, of The Code of the City of Roanoke. 1956, as emended, and Sheet No. 266. Sectional 1966 Zone Map. City of Roanoke, in relation to Zoning. MHCREAS. application has been made to the Council of the City of Soanoke to hove that certain lot or parcel of land lying on the northerly side of Melrose Avenue, N. M., in the City of Roanche. ¥irginia, bearing Official Tox No. 266010~. described as a portion of Lot 4. Van DeYyver Land Map. fronting Melrose Avenue approximately 200 feet. and extendin9 back · depth of 460 feet from said Melrose Avenue coinciding with the existing contiguous bowling alley commercial zoning lot !ina to provide for · uniform commercial depth, rezoned from C-l. Office and Institu- tional District. to C-2. General Commercial District; and MBERRAS. ~he City Planning Commission has recommended that the hereinafter described land be rezoned from C-1. Office and Institutional District. to General Commercial District; and · NHEREAS. the uritten notice and the posted sign required to be published smd posted, respectively, by Section 71. Chapter 4.1. Title IV. of The Code of the City of Roanoke. 1956. as amended, relating to Zoning. have been published and posted us required and for tbe time provided ~y said section; and 227 WHEREAS, the hearing ns provided for in said notice nas held on th~ 4th ~ay of May, 1970, ut 2 p,u., before the Couaoil of the City of Rocnoke, at uhich hearing all parties in intereat and citizens sere Given nn opportunity to be heard, ~HEREASo this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land'~hould be rezoned. THEREFORE, HE IT OHDAIN£D by the Council of the City of R~anoke that Title lye Chapter 4.1o' Section 2, of The Code or the City of Roanoke, 1956, as auended, relating to Zoning, end Sheet No. 266 of the Sectional 1966 Zone Map, City of Roanoke be oaended in the following particular and no other, viz.: Property ]oczied o~ tb~ northerly side of Melrose Avenue. N, W** in t~ Cit~ of Roanoke, ¥irglaia, bearing Official Tax No. 2660109, described as a portion o~ Lot 4. Yam DeYyver Land Map. fronting Melrose Avenue approximately 200 feet, and extending bach n depth of 460 feet frou said Melrose Avenue coinciding with existing contiguous bowling alley comm~rclnl zoning lot line ~o prorlde for n ueJfor~ comeercial depth, designated on Sheet 2b~ of th~ Sectional 196~ Zone Map, City of Roanoke, as Official Tax ~o. 2660109, be, and is hereby, changed from C-i. O~fice and Institutknal District, to C-2, General Commercial District, and that Sheet 266 of the aforesaid map be changed in this respect. The motion was seconded bl MFo Thomss and ado~ ed ~y t~ follow'lng vote: AYES: Messrs. ~osuello Lisk, Perkioson, Themes, Trout, Mheeler and Ma~or Nebber ............ NAYS: none=--O. zONIng: Council havi~ set a public hearing for 2 p,m., Monday. May 4, 1970, on the request of #r. Samuel P. Nackley. et ux., Mr. ~bllip W. S~nders. et a~d RFo Luther G° Crouse, et ax., that eiuht parcels of land located on the south side of ThuFstoo Avenue, N, W., described as Lots 27 -34, inclusive, Block H, Official Tax No3. ~0702S0 - 3070R$~ inclusive, Williamson Groves Map, be rezoned fro RD, D~plex Residentisl District, to C-2, General Commercial District, th~ m~tter before the'body, In this connection, the Cit~ Planning Commission submitted the following "April 2, 1970 The Honorable Roy L. Webber, Ma~or and Members of City Council Roanoke, VirGin~ The above cited request uos considered by the City Planning Co~mission at its regular meeting of April 1. 1970. Mr. Claude O. Carter, AttOrney, noted the intention of the petitioners ~o construct a retail and whdeSole warehouse. One resident expressed concerned with both the potential truck traffic and the encroachment of his property by the warehouse. Mr. Carter noted that ample space will be provided in the rear for Grass purposes nad, in addition, sufficient setback would be provided to buffer any noise from the potential truck traffic. Mr. Carter noted that the J 229 Accoediugiy. motion mis lidO, duly seconded and unanimously approved to recommend to City Council that this request be granted. Sincerely. 5/ John N. Parrots / by L. #. John N. PIrrott Cholracl~ Hr. Claude D. Carler. Attorney, representing the petitioners, appeared before Council in support or the request of his clients. No one appearing in opposition to the request for rezoning. Hr. Rheeler moved that the folloming Ordinance be placed upon its first reading: (~19170) AZ ORDINANCE to euend Title IV, Chapter 4~1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 307, Sectional 1966 Map, Gltyor Roanoke, in relation to Zoning. NHEREAS, application has been made to the Council of the City of Roanoke to have eight lets lyin9 on the sguth side of Thornton Avenue and more particularly described us being lots 27-34 inclusive, Block B, of the Nillismson Grove Subdivision and further described is being Official Tax Nos. 3070250 thru 3070253 inclusive and finally described according to Roanoke City Street Nos. as being the properties from lis Thurston Avenue through 125 Thornton Avenue inclusive, rezoned from RD, Duplex Residential District, to C-2, General Coluerclal District; and RHEREAS, the City Planning Commission bas recommended that the hereinafter described land be rezoned from RD, Duplex Residential District. to C-2. General Commercial District; and ' WHEREAS. the eritten notice and the posted sign required to be published and posted, respectively, by Section ?l, Chapter 4,1. Title X¥. of the Code of The City of Roanoke. 195~, as amended, relating to Zoning, have been published and 2gated as required and for the time provided by said section; and W[~REAS, the hearing as provided for in said notice sas held on the 4th lay of May, 1970, ut 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 aid against the proposed rezoning; and WHEREAS. this Council. after considering the evidence ns herein provided. Es of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, ss amended, relating to Zoning, and Sheet No. 307 of the Sectional 1966 Zone Rap, City of Roanoke be amended in the following particular and no other, viz.: Property located'on the south side of Thurston Avenue in accordance eith Ro~oke City Street Nos. 113-125 ~nclusive and described as lots 27-34 Inclusive, Block B of the Williamson Gcove Subdivision, designated on Sheet 307 of the Sectional 1965 Zone Map, City of Roanoke, us Official Tax Nos. 3070250 thru 3070253 inclusive. be, and is hereby, changed from RD, Duplex Residential District, to C-2. General Commercial District, and that Sheet No. 307 Of the aforesaid map be changed in this respect. The motion uae seconded b7 Hr. Link and adopted by the follouin9 rote: ~YES: Hessrs. Boswell. List. Perkioson. Thomnso Trout. Wheeler nod Fnyor Webber ....................... 7. ~AYS: None ....... ~ ..... O. SPECIAL PI~#ITS-STREETS AND ALLEYS: Hr. J. #. Teettn. Archttect. repre- senting The Eroger Coapnoy. nppeored before Council nad presented · come,u/citron advising that his client hms purchnsed the Americnn flukeriee Caapsny property end its buildings nitunted betmeeo Salem Avenue and Norfolk Avenue. $. #.. went of 5th Street. and requesting permission to construct n pneumatic conveying line across Morrolk Avenue SO feet west of $th Street. Mr. Thomas moved that the request be r~ferred to the Git) Manager for study, report and recommendation to Council. The motion was seconded by Mr. Wheeler and unanimously adopted. PARKS AMa PLAYGROUMDS: Hr. Raymond L. BOlla President of the Southeast Civic League. appeared before Council and requested that light pickup nod panel trucks be permitted to use Wiley Drive to transport ball players and picnickers to and from the parts served by Malay Drive. Mr. Perkinson mved that the request be referred tu the City Manager rot study, report and recommendation to Council. The motion was seconded by Hr. ~isk (u19171) AN ORDIMAMC£ to amend and reordain Section =57000, "Schools - Project Second Step," of the 1969-70 Appropriation Ordinance, and prnvidi~ for an (For full text of Ordinance, see Ordinance Book No. 34, pane 275.) MAYS: ~one ................... O. and services in.,r?progranuiag the payroll of the Roonohe City School Board and for the replacement of equivneni at Addison High School and Ronroe Junior High School uhich mas not anticipated In the 1969-70 budget, uaw before Council, Hr, Thomas moved that Council concur in the request of the Roonohe City School Board end offered the follouing emergency Ordinnnce: (zlgl?2) AN ORDINANCE to amend a nd reordain certain sections of the 1969-~ Appropriation Ordinance, and providing~!for un emergency, (For full text of Ordinance, see Ordinance Hook No; 34, page 276,) Mr, Thomas moved the adoption of the Ordinance, The motioo was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs, Hoswell, Lash, Perk~rson,'Thomas, Trout, Wheeler and Hayer #ebber .................. NAYS: None ......... O. SEWERS AND STORM DRAINS-WATER DEPARTMENT: A Resolution adopted by the Dead of Supervisors of Roanoke Cou~ on April 22, 1970, reconstituting a committee composed of #r, Charles H, Osterhoudt, Rt. Lee R, Eddy and Mr. Paul H, Yattheus and giving the committee authority to continue negotiations uith the City of Roanoke the City of Roanoke and mbo giving the committee authority to continue negotiations iwith the City of Roanoke and the other 9overnments of the Roanoke Valley concerning mater and s~ter services, was before the Council, Mr. Nheeler moved that the Resolution be received and filed. The motion CIRCUIT COURT: A Resolution adopted by t~ Board of Supervisors of Roanoke County on April 22. 1970, concurring in the division between the City of Roanoke, the City of S~lem and the County of Roanoke of the salaries and expenses Courts of the Twentieth Judi=ial Circuit of Virginia. was before Council. Mr+ Lisk moved that the Resolution be received and filed. The motion was seconded by Mr. Perkinaon end unanimously adopted. CITIZENS* ADVISORY COMMITTEE: A communication from Mr. A, A, Akers, Chairman of the Citizens' Advisory Committee giving · summary of the activities of the Claimant Advisory Committee for the past six months, was before Council. Mr. Lisk moved that the communication be received and filed. The motion uaw seconded by Mr. Thomas and unanimously adopted. REPORTS OF OFFICERS: BUDGET-CIVIL DEFENSE: Council having received and filed a report of the City Manager tranmittin9 a communication from Mr. Richard H. Beach, City Manager of Buena Vista, Virginia. regarding the Nork of city forces and equipment folloNiog the flood in the a rea ii August, 1969, the City Manager submitted a written report advis, lng that the fedegal governaent has reimbursed the City of Roanoke representing expenditures made by the city and recommeno~9 that said $5,000.00 be appropriated to Operating Supplies and Materials in the 1969-70 Civil Defense budget 231- Mr. Wheeler moved that Council concur ia the recommendation of the City Manager end offered the following emergency Ordinance: (n19173) AN ORDINANCE to amend and reordain Section m52. "Civil Defense.' of the 1969-?0 Appropriation Ordinance, and providing for an emergency.. (For full text or Ordinance. see Ordinance H~k 34. page 276.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr, Perkinsoa and adopted .by the fol]owln; vote: AYES: Messrs. Boswell. Link. Perkinson, Thomas. Trout. Wheeler and Mayor Webber ................... NAYS: None .......... O, BUDGET-pARKS AND PLAYGROUNDS: The City Manager submitted a written report advising that he how been informed by the General Adjustment Bureau that the City of Roanoke will receive $1,720.00 for damages to the restroom facilities in Highland Park and recommending that $1.T20.00 ~e,-approprJoted to Maintenance of Buildings and Property In the 1969-70 budget of WaJntenance of City Property, to provide funds for the repair of said restrooms in Highland Park. Mr. Link moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance~ (~19174 } AN ORDINANCE to amend and reerdain Section ~64o "Mahtenance of City Property," of the 1969-70 Appropriation Ordinance, and providing for m emergenc (For full text of Ordinance, see Ordinance Book NO, 34, page 27?.) Wt. Link coved the adoption of the Ordinance, The motion was seconded by Mr. Thomas and adopted by the follow, in9 vote: AYES: Messrs. Boswell, Lisk. Perkinson, Thomas, 7rout. Wheeler and Wayor Webber ............... NAYS: None ...... O, AIRPORT: Council having adopted a Resolution authorizing and directing the City Manner to execute and file ~lth t~ Federal Aviation Administration req~site requests for federal aid to assist the City of Roanoke in accomplishing its proposed Airport ProJec~ 19 for certain improvements and development of Roanoke Municipal (Moodrum) Airport and in so doing, to make certain assurances to the Federal Aviation Administratim , the City Manager submitted a written report advising thntthe city is in receipt of a Grant Agreement from the FAA for Project 19 for a maximum obligation of $160,000.00 and recommending the adoption of a Resolution authorizing the executio of said Grant Aoreement; Mr. Wheeler moved that Council cmn ur in the recommendation cf the City Manager and offered the following Resolute: (~19175) A RESOLL~FION accepting a Grant Offer made to the City of Roanoke by the United States Of America. acting through the Federal Aviation Agency, for Roanoke Municipal Airport Project No. 9-44-012-7019; authorizing the City Man, er to execute said Grant Agreement as evideate of the Clty*n acceptance thereof; authorizing the City Clerk to affix the City's seal and (o attest the same; and authorizing the City Attorney to execute the requisite Certificates. (For full text of Resolution, see Resolution Hook No. 34, page 277.) Mr. Mkeeler moved the ·doptio· of the Resolution. The motion wnn sewoded by Hr. Trout ·nd sdopted by the rollouiog vote: AYBS: Messrs. Boswell, Lisk, Perkinson, Thames. Trout. Wheeler nad Mayor Mebber ................ 7. HAYS: Xone ....... IHDUSTRIES-STATE HIGHWAYS: Council having directed the City Attorney to prepare the proper messure providing for · 24-foot poveeent l·ste·d of · 30-foot pavement In connection uith s request of the Davis H. Elliot Company. Incorporated. for on Industrial access rood from 9th Street S. £.. to its property loc·ted in the Ronnoke I·dustrl·l Center, the City manager submitted the follouing report expressing cancer· to the construction of the 24-foot pavement, advising thus thirty feet is established as a minimum pavement uldth in oil other construction mithin the city ned sugg~ ting that the developer be required to assume the cost of the additional slx feet of pavement as a condition of the project: · *Roanoke, Virginia May 4, 1970 Honorable Mayor and City Council Roanoke, Virginia Centleeen: In response to your request on April 27, 1970, to th'e City Attorney to prepare the appropriate resolution advising the Highway Department that the City world not participate In an. additional six feet of pavement width, may I respectfully express some concern as to the possibility of this arrangement os u policy. Thirty feet is established as a minimum pavement midth in oil other construction nit,in the City and is that which is required of subdividers a~ d~velopers. It is justified by the nature of in-City traffic movement that generally takes place in contrast to rural roaduays. It ia ~lt that it w ix id be preferred that the developer or* landowner be required to assume this expense os a condition of the project in a similar manner to that followed with customarily subdivision development. Respectfully submitted, S! Julian F. Hirst Julian F. Hires City manager* After a discussion of the matter, Mr. Thomas moved that Council retain its origha~ motion that the 24-foot pavement be constructed instead of the )avement and offered the foiloNing Resolution: (=19176) A RESOLtrFIOH consenting to the construction of a 24-foot wide )aveme~ for an industrial access from 9th Street, S. E., to a nam headquarters )lama and facility located in the Roanoke Industrial Center complex. (For full text. of Resolut~xl see Resolution Book No. 34, page 279.) Mr. Thomas moved the ~option.of the Resolution. The motion uss seconded y Mr. LJsk and adopted by the folio·tnB vote: AYES: Messrs. Lisk, Thomas, Trout. Wheeler and Mayor Webber ...........5. HAYS: Me·srs. Boswell and Perkinson ................................... PARRS AHD PL&YHROUNDS: Tbe City Attorney sobmltted tbe folloulu9 report advising that the City of Roanoke Is la receipt Of am offer from Mr. Morton Honeymno and Mr. Leonard 6o Mesa. ~retteee nnder a recorded agreement mitb Roanoke V~lley Development Corporation, mhereby said Corporation ual] donnte end convey to tho City of Roanoke for public park. recreational and municipal purposes a tract of land containing approximately 12.8 acres of land located on the south side of Rlverlsmd Road, S.' £.. adjacent to e portion of the no~thoasterl'y b~oundary of #111 Mountain Park: 'April.30. 1970 The Honorable Mayor nnd Members of the Roanoke City Council Roanoke, Virginia Centlemen: This is to advise Council that Morton Honeymnn and Leonard G. Muse. Trustees under e recorded a 9reement ulth Roanoke Valley Development Corporation have tendered a deed by thich said corporation Mould donate and convey to the City for public park. recreational and municipal purposes, a tract of land containing approximately 12.8 acres located on tbe southerly side · Rlverlend Road. $. F~ adjacent to n portion Of the present northeasterly bcu~ ary of Mill Mountain Park. generally opposite the bridge over Ronnoke River leading to the eld Viscose property. ~here has been prepared, and is transmitted bereuith for the Council's recommended adoption, a form ofordinance Mhich Mould direct the ;ceptaece of the ~enerous donation of amid tract of land. Respectfully submitted. S/ J. N. Kincanon J..N. KJncamn# In this connection. Mr. Edmund T. MOrris. Executive Dirnctor of the Roanok; Valley Development Corporation. appeared before Council and presented the executed deed to Ge 12.8 acres of land. Mr. Perk~soc moved that Council concur in the recommendation Of the CiU Attorney that~e offer be accepted and offered the following emergency Ordinance: (s19177) AN ORDINANCE authorizing~acd providing for the CJty*s acceptance of a donation by Roanoke Valley Development Corporation, and others, of 12.80 acres of land, adjoining Mill Mountain Park. offered to be donated and conveyed to the City for public municipal purposes; and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 34, page 280.) Mr. PerkJnson moved the adoption Of the Ordinance. The motion mas seconded by Mr. Thomas and adopted by the folloMing vote: A~ES: ~easrs. Hosiell. Lis~, Perkinsoe, Thomas, Trout, Wheeler and Mayor Nebber .................... 7. NAYS: None ........... O. Mr. Thomas then moved that the City Attorney be directed to prepare the proper measure expressing the appreciation of the Council of the City of Roanoke and msnmsmm the citizens of the Citj or Roanoke to the Buenoke VzlXey Development CorporztJoe for their most generous gift to the clty~ The motion ,es seconded by Mr. Link end unanimously Adopted. BUDGET-BONDS:CAPITAL IMPROVEREh'FS FROCRA#: The City Auditor submitted the follouing report advising that in order to continue uJthout interruption the Capital Improvements Program it ui~l be necessary iud advisable that the Ci~ of Roanoke borrom not nme then tbs million ~ol~ers on short=term loan or loans in anticipation of the sale and Issuance of bonds: "May 4. 19;0 The Honorable Coancil of.the City of Roanoke Virginia Gentlemen: In order to continue the Capital Improvements Program It mill be necessary to burro, on short=term loans im anticipation of the sale of bonds. There in attached hereto a Resolution providing for such ~orrom- lng up to a total of $10 million dollars, uhich has been prepared by the City A~t orney. It is requested that this Resolution be adopted. Respectfully submitted, $/ J. R. Thomas J. R. Thomas City Auditor" fn this connection, the City Attorney sabmltted the follomJ~ report.. certifying that he has prepared end examined the form of bond anticipation note set out in the proposed Resolution, that he has approved the form and correctness,tbereo ns being fully author'ized by Section 47 of the Roanoke Charter of 1952, as presently amended, and recommending that such certification be filed and preserved with the records of Council~ "May 4, 1970 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Gentlemen: Ordinance Ho. 17413 adopted by the Council on March 13, 1967, provided for the male and issuance of $16,900.000.00 of general obligutlm bondu of the cat! of Roanoke for the purpose of pro- viding funds to defray the cost to the City of certain needed public Improvements set out and described In said ordinance; and at in election duly held on May 2, 1967, u maJ~ty of the qualified voters of the City voting 9n the. question at the election approve, by affirmative vote, the City's issuance of al! said bonds. No part or portion of the aforesaid bonds have, as of this date, been sold or issued by the City, although the City's sale and issuance of nil of said $16,900,000.00 of bonds is still folly authorized. The Council has before it today for ndoptim Resolutim Ho. 19178 mhich mould authorize the Cityts bottoming of not in excess of the aggregate sum of $10.000.000.00 and the issuance of bond anticipation notes of the City of Roanoke therfor authorized by Ordinance Ho. 17413. aforesaid. The resolution sets out and contains, in substance, He form of the Bond anticipation note or notes of the City to be used by the City for the purpose of sucb borrowning. 235 Tkiu is to certify thst I hove prepsred sod hove examined the form or bond usLioiputlon Rote set OUt lu Resolution NO.19178 , grote* said, adopted this ds! b~ the Council of the City of Rooooke, nad ua being fnll~ outhorized by Sec, 47 of the booke Chorter of 1952, as presentl~ amended; and do recommend tho thin~certificntion be filed and preserved uith the records o! the Council. Respectfully, $/ James N. Kincouon J, N. Kinconoo" Mr. Link moved that the uritten cerliflcatJon of the CiO! Attorne! be received and flied and'preserved with the records cf Council. The uotloe was seconded b! Mr. Perkinson oad.uaaniuounly sdopled. Mr. Thomas then moved thul Council concur in the report of the Cio! Auditor and offered the folloulng Resolution: (~19170) A RE$OLOTION authorizing the bottoming of not in excess of $10,000,000.00 and the issuance of~nd anticipation notes of the Cio! of Roanoke therefor pending the issuance and sale of certain bonds heretofore legall7 aulhorize~ "April 29, 1970 ,! 237 Th'is review'exkObl~h-~d ~ho~the nppsrent lou· bidder, #oteriei HSndliog Services, o! Ronnohe, ¥1rginio, does mot oompl7 in oil lnatencea mlth the speclficntlonso ned eapec!olll in the criticel eren of mhere the speoiffcellons request~o full fre~-lift tip* of lift ulth $1' of free lift. As this fork-lift trnch ~ill hsve to cpernte in storage ur*ns of limited ceilinO height, n vnvisuce from the specificntiona Jn regnrd to the *free lift* specificntiona mould reanlt in ver~ limited uae of this m~chie~o Houever, the aec*nd leu bidder, Height Engineering CompnnIo of Ronnoke, Virginln, bidding on a Ysle C$2P-025, does ueet or exceeds nil the specifi~ntions and ia uithin the $6,000.00 estimated end nil,ned for this eq~pment. The Committee recommends tm Council t~e acceptance cf ~nigbt Engineering C~mp.nui*s bid us follows: Yule G62P-025 .............................. $5.600.00. Respectfulll submitted. ROANOKE CIVIC CEN~ER S! FrnnkN~ Perkiusonv Jr~ S! B~ron' E~' Boner Fronh N, Perkinaon, Jr.. D~ron E. Dun*r, Assistant Chairman Cit7 Manager S! John £happelear, Jr~ S/ Houard E. Rndford John Chnppelear, Jr.. Honnrd E. RUdford, Project Director Civic Center Director~ Yr. Perkinsun moved t~ t Council concur in the recommendation ofth~ commit- tee and off, red the following eue~gencl Ordi.nunce: (=19179) AN O~DINANCE accepting a proposal for furnishing aud. delirerfng a neu fork-lift truck for uae in the Ronnoke Civic Center, upon certain terms and iconditions b~ accepting a certain bid mede to the City therefor; rejectin9 other bids made to the Cltl; and providing for an emergencl. (For Full text.o~ Ordinance, see Ordinance Dook No. 34, page 284.) Mr. Perkinson ~ored the ~option of the Ordinance. The motion Mum.seconded bI Mr. Link and adopted bI the ~llowing vote: AYES: Hessrs. Boswell Link, Perhinson, Thomas Trout, ~heeler and Ma~or Webber .............................. 7, NAYS: None .....................O. UNFINISHED BUSINESS: ~ONE. CONSIDERATION OF CLAIMS: NONE. I~TRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TBAFFIC-CELEBRATIONS: Council having directed the Cit~ Attorney to prepar~ the proper measure author~Jng the Citl Manager to cause a portion of Campbell Avenue S. Wo0 to be closed to traffic on SundU~o June 14, 1970, in order that u sports cur event maI be conducted thereon bI Old Dominion Sports Car Club under the auspices of Mr. Bosmell moved the~sdoptioa of the Resolution. The motion uss seconded )7 Mr. Perbintos end adopted b7 the follombv vote: AYES: Messrs. flosaell. LisA. Perbfesou. Thames. Trout. Yheeler end Ma;or Webber ................ ~--?. NAYS: None .......... O. MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS-SiDEWALKs C~RB AND GUTTEM: Rr, Perkiesos cslled to the attention of Council that be hss..recieved calls from residents in the Huff Lane urea with regard to the malbua; in the vicinJtl of Huff Lane. N. N.. extending north from Huff Lane Elementary School-to ,ershberger Rood. adrJniog tbs he Cit~ of Roambe has s long obligation to ,orr Lane and moved thst the ustter be referred to the City .hesmer for study, report and recomaendation to Council in connection uith improving the unibus! on Huff Lone. N. w. The motion mas seconded by ~r. Lisa a~d ueeaitoasiy adopted. PARKS AND PLAYGROUNDS: Hr. Trout movdd that Waist Webber be requeated to appoint a Chairmae to the R~ano~e Transportation Rus~uu Committee to succeed Hr. Carl ,. Stcrztng. Jr** resigne~. The motion was seconded b; Hr. Lisa and unaniuousl~ adopted. Ma~or Webber then appointed Hr. Richard W. Kienle to succeed Mr. Carl B. Sterzing. Jr.. resigned, aa Chairman of the .snooks Transportation Museum Co.mittee. There being no father business. Mayor Webber declared the meeting adjourned A?YEST: APPROVED - . - ~ .... Mayor COUNCIl`. REGULAR MEETING. Monday. May 11. 1970. The Council of the City of Roanoke met in regular meeting ia the Civil Hefense Room in the Municipal Building, Monday, May 11. 1970, nt 2 p.u,, the regular meeting hour, with Mayor Yebber presiding, PRESENT: Councilmen John W. B,smell, David I~. l`isk. Frank N. Perkins,n, Jr Hampton W. Thomas. Vincent S. Wheeler end Mayor Roy L. Webber ................ 6. ABSENT: Councilman Jnmes O. Trout .................................1. OFFICERS PBESEN'F: Mr. Julian F. Hirst, City Manager, Mr. Byron E. Hamer. Assistant Clt~ Manager. Mr. James N. Kincanon. City Attorney. and Mr. A. N. Gibson. Assistant City Auditor. INVOCATION: The meeth9 mas opened with n prayer by the Reverend Robert L. Bradley. Pastor. Westhamptoe Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday. April 20. 1970. having been furnished each member of Council. on motion Of Mr. Thomas. aeconded by Mr. Lisk and unanimously adopted, the reading thereof mas dispensed with and tie minutes approved aS recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Mr. Joe B. Wheby. 1929 Pattersol~ Avenue. S. M.. appeared before Council and presented a communication requesting that be be issued n non-conforming permit to rebuild e grocery st,rent 1601 Sorer Avenue. S. M.. which mum destroyed bi After a discussion of the mutter. Mr. Wheeler moved thntthe City Attorney be lnst~cted to prepare the proper measure authoriziog the issuance of the non-con- forming permit end that~the request be referred to the City Manager for study, report and recommendation to Council. The motion mas seconded by Mr. Lisk and unanimously adopted. DEPARTMENT OF PUBLIC WELFARE-CITY ENGINEER: Mrs. Zamnn K. McManaway appeared before Council and presented a communication outlining improvements which she feels should be made in the operation of the Department of Public Welfare. recom· mending that local contractors with union employees be given preference on public construction projects and pointing out that if the Civic Center project had been emarded to a local concern the building would be completed tb~s summer, instead, the contract was awarded to an outside concern and it will be another year before the building is completed. In a discussion of ~.be matter. Mr. Lisk adFised that there are many factors involved which are causing the delay in completing the Civic Center end that in most instances the contractor is not to blume. *Mr. Lisk then moved that the communication be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. 1239 PETITIONS AND ~OHMUNICATIONS: STREET LIGItTS: h communication from the Appalachian Power Companl, transmitting 8 list of street lights installed and/or removed during the month of April. 1970. uea before Council, Mr. ~h~mes moved abet the communication be received and filed. The uotion seconded by Mr. Mheeler end unanimously' adopted. IAff£GRATION-SEGREDATION: A comuunicu~ion from Mrs. Lnmrence T. Buraell. tendering her resignation os a ~ember of the Cowuunity R~lotions Committee effective June 1, 1970, was before Council. Hr. Wheeler moved tbstthe resignation be accepted with regret. The motion seconded by Mr. Thomas and unanimously adopte~. SCHOOLS; A communlcatJ~ from the Reverend C. Andre Reams, tendering his resignation as a member of the Roanohe City School Hoard effective Ray 31, 1970, before Council. Mr. Lisk moved that the resignation be accepted with regret. The motion seconded by Mr. Hosuell and unanimously adopted. CAPITAL IMPROYEMEhTS PROGRAM-JAIL: A communication from Mr. Robert P. Mason, Jails Superintendent, Division of Corrections, Department of Welfare end Institutions, advising that sometime in the late summer Of 1970 there may be same lull construction mo~ey'avaiiable through the Law £nforc~ment A~mini~tretion and that in addition to the possibility of obtaining some construction money t~ough LEA the ;Sty of Roanoke is eligible to receive up to one-half construction cost not to exceed ~25,000.00 for each participating locality and suggesting that the City of Roaook~ folloq the proper procedure tomard ascertaining the availability of such funds for th~ ~uilding of a new jail in the Roanoke Valley, was before Council. Mr. ~homas moved that the matter be referred to the City Manor for study, ~eport and recommendation to Council. The motion was seconded by Mr. Wheeler and ~nautmously adopted. MUNICIPAL COURT:' A communication from Judge Beverly T. Fitzpatrick, Chief ludoe of the Municipal Court, advising that the term of Mr, Harris S. Hirchfield us a ~ubstitute Judge of the Municipal Court expired on September 30, 1969, that since that .ime Mr. DlrchfJeld has served ns a warrant issuing officer under the title of )eputy Clerk and requesting that Mr. Birchfield be reappointed for a new term of office a Substitute Mnnlcipal Court Judge, was before Council. Mr. Thomas moved that t'he matter be referred to the City Attorney for )reparation of the proper measure. The motim was seconded by Mr'. Wheeler and Inanimousll adopted. SALE OF PROPERTY: A communication from Mr. Samuel P. Nackley. offering to urchase city-owned property located on the n~rth 3ida ~ Salem Avenue, S. E., between irst Street and Second Street, described as Lots 45 - 51, inclusive, and part of Lot 39, Roanoke Land gad Improvement ComPonl, Official Tax Nos. 401020S, 4010212 and 4010213, for'the sun of $5.000.00. nas before Council. ' Mr. Wheeler mosed that the offer be referred to a committee composed of Ressrs, D!vid K; Lisk, Chairman, Julian F. flirst, James N. Kincsnoa and'J, Robert iThomaSo for studl, report end recommendation to Council, The motion uas seconded by Mr. Bosmell mud unanimousll adopted. REPORTS OF OFFICERS: BUDGET-SEWERS AND ~TORR DRAINS: The GitI Manager submi~ted tee folloulng report recommending that an additional $46,354.00 be appropriated for the constructl~ of the Lick Run Storm Drain Channel to provide for the construction of storm drain relief sawers on Norfolk Avenue and Second Street. S, E,: "Roanoke. Virginia Mal II, 1970 Honorable #ilar and City Council Roanbke, Virginia Gentlemen: On April 14, 1970, the Corps of Engineers received and opened bids for the construction of the Lick Run Channel to provide for improvements 16 the storm drainage through the construction of a drainage channel adjacent to Norfolk Avenue. S. E..The basic low bid received in the amount of $1,069.706 must be Increased bl to provide for engineering end design costs, supervision and inspection and contingencies. This provides a new project total of $1.240.191. The Federal government bas agreed to spend u maximum amount of $1,000.000 on this project of which $36.6~2 has alreadl been expended in the studl cost. As Fou will recall the City has previeusly appropriated for this project $287,107 of mblch $286,94h remains. In addition to the above cost $48,300 is needed rot the adjustment of the Norfolk and Nestern Railwal facilities as a result of this project. As a result the difference between the total cost of the project and the $963°338 mhich the Federal government mill provide is $333,300. Utilizing the $286,946 available under the current City's - appropriation, there remains a requirement of additional funds in the amount of $46,354. Discussions math the Corps of Engineers over the last few dalaindicate their adherence to a maximum of $1,000.000 on the project and their advice that the additional funds mould have to come from the City.' · e ere continuing to pursue this with the government to see if these additional funds can be assumed bi them. In the meantime, it is felt that with this project having reached,this particular point ~nd mitb all the commitments and time that have gone into it, that it mhould sad mill be proceeded math. Thus the re~ommendstio~ is made for the appropriati~,to the Capital Account and to CIP 27. Lick Run Channel, the required $46,354. Shohld we be successful in getting additional Federal cost assumption, then Council will be advised, 'It should be noted that the 1967 referendum provided an estimated cost of $626,000 for this project, with City"s funds estimated at $176.000. Thisestimate mas fairly valid at that time, Respectfully submitted, S~ Julian F. Slrst Julian F. Hfrst City Manager" Mr. Lisk moved that Council concur In the recommendation of the Cit~* Mahdi and offered the following emergency Ordinance appropriating $46,354.00 to CIP-27 Lick Run Storm Drain Improvements under Transfers to Capital Improvement Fund of the 1959- 30 budget: (~lglBl) AN ORDINANCE to amend and reordnin Section #69, "Transfers to Capital Improvement Fund." of the 1969-70 Appropriation Ordinance, oM providing tar an eue~gency. (For full text of Ordinance, see Ordinance Hook No. 34, page 2nH.) Mr. ~ikk M'oved the adoption of the Ordinance. The notion Mas seco~ ~d by Mr. Wheeler.:~ gr. Harnell then offered a substitute notion that the softer be referred to 19TO-TI budget study. The not kn Mas seconded by Mr. Thomas. After a further discussion of the nntter, the original notion Mas adapted by the f,Il,Ming vote: AYES: gessrs. Lisk, Perkins,n, Thomas, Wheeler and Mayor gabber ........S. NAYS: Mr. H,snell ......................................................1. (gr. Trout absent) BUDGET-CAPITAL IMPROVEMENTS PROGRAM-MUNICIPAL BUILDING: The City Manager submitted the f,Il,wing report recommending that $5,500.00 be appropriated to CIP-IO Municipal Building, under Section ~Bg, "Transfers to Capital Improvement Fund," of the 1969-70 budget, to provide for the installation 'of approximately 117 additional electrical outlets and 68 additional telephone outlets in the Municipal Building "Roanoke. Virginia May 11, 1970 Honorable Mnlor and City Council Roanoke. Viroinia GentleMen: At the present time the City Manager's office has one out- standing proposal for a change order to the new Municipal Building. Proposal No. 17 deals MJth the installation of additional electrical and telephone outlets in the nan structure.' In the initial design the architect specified 250 floor outlets for electrical purposes. 90 additional outlets for telephone~and lO additional for specialized equipment." To date the allowable number of floor outlets ~ ye been allocated for use and we still require approxlMatell ll? electrical outlets and 68 more telephone outlets. The contractor*s installation price for electrical floor outlets is $29.63 and $29.0S for telephone outlets. It Mould be osked that City Council approve the appropriation of nn additional $5.500 to the Capital ImproveMent project 10. Municipal Building. to provide funds for the installation of t hose floor outlets. Respectfull~ submitted, S/ Julian F. Htrst Julian F. Hirst City ManaGer~ After a discussion of the matter, Mr. Thomas moved that the report be referred back to the City Msn~ er for further study, report and recoMMendation to Council. The Mot kn Mas seconded by Mr. Perkinson and unanimously adopted. HUDGET-CIRCUIT COURT: The Citl ManaGer submitted the folloM~q] report udrising that the city is in receipt of an invoice from the Department of Accounts, Commonwealth of Virginia, in the amount of $1,2~6.98 representing the share of the ,I City of Roooobe or the new Circuit Court Judge for the period beginning April 17, 1970, and ending June 30, 1970, and recommending that $1,2S6.90 be oppropristed to Personal Services in the 1969-70 budget of the Circuit Court: ~Doouoke, Virginia May I1. 1970 Honorable #oyor and City Council Burke, Virghis Gentlemen: The City of Rounobe hun received ama invoke frnu the Department of Accounts, Counonmealth of Virginia in the amount or $1,2s6.98 as the City*s share of the salary of the eau Circul% Court Judge for the period of April 17, 1970, thru June 30, 1970o The previous budget documents approved and funded by City Council on April 6, 1970, did not envision abe City's being billed for these funds this fJscol ye~ . The amount of money requested by the State is based upon the City of Roonnhe*s population os it applies to the total popalat~n of the Twentieth Judicial District, Hr. A. N. Gibson, Assistant City Auditor has indicated he would prepare aa appropriation ordiaance for City Council's con- sJderotion mith respect to this'matter.. Respectfully submitted, $/ Jolhn F. Rirst . Julian F. Rirst City Manager' Mr. Thomas moved that Council concur in the recommendation of t ~ City Manager and offered the folloming emergency Ordinance; (~19192) AN ORDINANCE to amend end reordaln Section #IT-A. "Circuit Court," of the 1969-70 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 3fl9.) Mr. Thomas moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Bosmell, Lisk, Perkinson, Thomas, Wheeler and Mayor Webber ...................... NAYS: None .......O. (Mr. Trout absent) ZONING: The City Manager submitted the follou i~ report in connection mith the request of Mr. Julius Goldsteln, Trustee for Mrs. Goldie Goldstein, that property located between Chapman Avenue end Campbell Avenue, S. R., described as Lot 1, Block O, Fishburn Place, Official Tax No. 1112901, be rezoned from RD-2, General DesidentJ District, to C-2, General Commercial District, adv/sio9 tM t he does riot feel the owners or lessee have met an obligation to the ~ ighborbood and under the intent of the Zoning Ordinance have forfeited the rioht to on~again, off-again type of use; also, that he does not feel the trtaogle can be considered contiguous to existing commercial ~oniog: *Roanoke, Virginia May 11, 1970 ' Honorable Mayor And City Council Roanokb, Virginia 243 · The City Cannel! kbs pelding befaYe it/a petitigi~ tk~oaeer~ of the triangular ~ot st the,intersection Patterson Aveiue. S. i.. seeking ss ss eld r'esult the~ezoail O or the property to commercial classification or. es'es alternative, the possible issuance or nonconforming occupsncl and ~privileges. As .the Girl Council ual] recall, nnd ss.the petitioners' attorney business fa the b~lldlng. This is n type of sitter that normally I do not or perhaps should not get into. But I cannot let this go bi because there is nora involved her~ than Just the question of shether or nat's Burlier shop should be run here. The Cit'y is increasingl! getting the bluue and the burden of property that is dilapidated, vnonnt or descending in value. Since ue get the blame and burden, me should have same entitlement tn complain about the causes. The petitioners claim that u usJor reason shy their request should be grunted is that the immediate surrounding area has no sore value for residential purposes. Ihst they ~nil to point out is that the service station property is. in ml opinion, n big reason mhl the station should have been put there in the first place. But both the owner and tke lessee have nllosed it to sit vacant for sous several years. In its vacancy, combined with very little upkeep, it has stood out in this neighborhood as a conspicuous negative factor nnd has contributed heavily to reducing any appeal of the area for good and improved residential occupancy. UnforLuoatell this tips of thing is from tine to tine done by oil coupanies and/or property owners. In the interest of getting a corner of a location that either at the mouent looks good for business or that alii prevent another company from getting the lo~stlon, n station nell be bu~t that lusts only n leu years. Then i~ closes and sits neglected. In'these days of operator dad labor shortage around the City where service stations are sitting vacant. Ntth few exceptions these situations are injurious to the appearance and stability of the neighborhoods in which located. of activities. It is also the reaso,'fnr the nonconforming provisions of the ordinance which say that ir a business or other use doesn't fit into the pattern of the neighborhood and sits vacant for Such a provision causes objections by prop~y owners from time to the burden of the sit,aSian. If the owner can't keep active use of the property, then he should expect to give up its use for certain adverse purposes in favor of the best interests o! the community nhich is neighborhood stability. I do not feel'that, in this particular case before the Council. the sunera or lessee have met an obligation to the neighborhood and under the intent of the Zoning Ordinance have forfeited the right to on-again, off-again type of use. to existing commercial zoning. Rather it is completely across an Respectfully submitted, S/ Juliin F. flirst Julian F. flirst City Manager' i i 245 Mr, PerhJnson eoved that the report be teheu under advisement for considers Sion et the public hearing'on the request for renonleg on Monday, May 25, 1970. The motion mas seconded by Mr. Thoeus end unanimously adopted. REPORTS OF COMMITTEES: MATER DEPARTMENT: Council having referred to a committee rot tabulation, report end rec~emeodation the bids received rot the construct~ of the D?xley Mills Pumping Station, the committee submitted the following report recommending that the lom bid of Broch ~ Davis Coepan.y, Incorporated, be accepted, in the amount of $14M.o0o.oo: 'Roanoke, VirGhia May Il, 1970 Honorable Mayor and City Council Moonoke. Yfrgfnio After due end proper advertisement bids e~re received amd opened before City' Councilr on Monday.' May 4. 19?On for the constructlen of the Boxley Mills Pumping Station (Contract M). This is the susa project for uhlch bids mere received on March 23.'1970. and rejected by City Council on April 13. 1970. At that time five bids were received; houever the los bid submitted by Oroch and Davis Company. Incorporated. in the amount of $149.568 contained u qualification which ~uused City Council to reject all bids and readvertise the project. Tun bids were received on Monday, May 4, I970. eith the bid of Mrock and Davis. Company. Incorporated. in the amount of $148.000 being lom. This bid is Mull mithin the funds appropriated for this proJect~ '' Your committee has reviewed the bids and found them to comply with the City*$ specifications. A tabulation of these tun bids is attached. It is the recommendation of your'committee that City Council accept the Ion bid of Droch and Davis Company. Incorporated. in the amount of $14M.000 and amard the Contract to that concern. It is further recommended that the bid of #arts and Breakell,,Incorporated, in the amount of $151.700 be rejected. Respectfully submitted, S/ Byron E. Haner, S/ Samuel H. McOhee Samuel H. McGhed S/ Thomas W. Dunn init prices in the bid of Mroch ~ Dait; Company. Incorporated. The Asilstant City Munuger'advised that these unit prices merely serve as safeguard to the city. that although no additions are anticipated to the contract. [n the amount per unit If any additions should have to be added and the contractor ,ould be required to charge this amount per unit. After a rather lengthy discussion of the matter. Mr. Perkinson moved that (x19183) Af~ ORDINANCE accepting the proposal of Brock ~' Oarlu' Company, [ncorpornted, for the construction of the Boxle! Bills Pumping Station (Contrnc~ authorizing the proper City officials to execute t~ requisite contract; rejecting e certain other bid made to the City; nad providing for aa euergeuC7o (For rail text of Ordinance, See Ordinance Book N~. 34, page 269.) MFo Perkisson moved the adoption of the Ordinance. The motion was secoade by Hr. Lisk and adopted bl the following vote: AYES: Messrs. Bosuell, Link, Perkinson, Thomas nad Wheeler ........ 5. NAYS: Mayor Webber ...............................................~1. (Rt. Trout absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIB$: NONE, INTRODUCTION AND CONSIDERATION OF OHOINANDES AND RESOLUTIONS: ZONING: Ordinance No. 19169, r~zo~i~ p~uperty located De the northerly side of Relrose Avnn~e, N. W.; described as a paralac of Lot 4. Yam Dc Yyver Lacd Rap, Official Tax No. 2660109, from C-I, Office and Institutional District, to C-2. General Commercial District, having previcusl~ been before Council, for its first rending, read 'and laid over, nas again before the body, Mr. Wheeler offering the followtog for las second reading and final adoption: (n19169) AN ORDINANCE to amend Title X¥, Chapter 4.1, Section 2, of Yhe Code of the City of Roanoke.,19$6, an amended, and Sheet No. 266. Sectional 1966 Zone gap, City of Roanoke. in relation to Zoning. (For full text of Ordinance, see Ordinance Rook.No. 34. page 286.} Mr. Wheeler moved the adoption of,tho Ordinance. The motion mas seconded by R~. Thomas end adopted by the following vote: AYES: Messrs. flosuell ,.Link, Perhinson. Thomas, ~heeler end Ha/or Webber ................................................ 6. NAYS: None~ ................................O. (Br. Trout absent) ZONING: Ordinance No. 19170. rezoaing property located on the south side of Thurston Avenne, N. N.. d~scribed as Lots ~? - 34. inclusive. Hlock B. Official Tax Nos. ~0702S0 - 30702S3. Inclusive, Milliemson Droves, Rep. from RD. Duplex Residential District. to C-R, General Connercial District, having previously been before Eouncil for its first rending, read and laid over. was again before the body. Hr. Wheeler offering the folloming for its second reading ucd final adoption: (glgl?o) AN ORDINANCE to amend Title X¥. Chapter 4.1. Sect~n 2, of The Code of the City of Roanoke, 19S6, aa amended, and Sheet No. ~07, Sectional 1966 Zone Rap, City of Roanoke. in relation to Zonin9, (For full text of Ordinance, see Ordinance Book No. 34. page 287.) Rt. Wheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the follonlng vote: AYES: Messrs. Bosmell, Link, Perkinson. Thomas, Wheeler and Mayor ~ebber .................................................. 6. NAYS: None ...................................O. (Mr. Trout absent) PdM~S AND PLAYGROUNDS: Conncil having directed the City Attorney to pre- pare the proper .ensure expressing the appreciation nnd grntitude of the City of Roanoke to the. Roanoke Velley Development Cerpnrntfon for the recent donati~ to the City of a tract of lend adjacent to Mill Mountain Park. he presented same: uhere. upon. Mr. Boswell orr.ed the follouing Resotutioa: (#i9184) -ARESOLUTION expressing the CAd's appreciat'im and gratitude for the recent donation to the City or a tract of land adjacent to Mill Mountain Park. (For. full text of Resolution, cee Resolution Bock No. 34. page 291.) Mr. Boswell moved the:adoption of the Resolution. The motion .ns seconded by Mr. Perkinson nnd adopted by the follouiag vote: AYES: Messrs. Bossell. Link, Perkinson, Thomas, Wheeler and Mayor Webber ...................... 6. NAYS: None .......O. (Mr. Trout absent) MOTIONS AND MISCELLANEOUS BUSINESS: CITY AUDITOR-ACTS OF ACKNONLEDGEI~NT: Mr. Rbeeler pointed out that Mr. J. Robert Thomas, City Auditor, i$ preeeotl~ in the buupital nnd moved that~tbe Clt~ Attorney be directed to prepare the proper meusnre extending the wishes of the Rsyor and the members of Cit~ Couacil to Mr. Jo Robert Thomus for nn earl~ and full There beiag no further business, Mayor ~ebber declared the meetln9 adjonrned. · APPROYED ATTE~: ~ CltI Clerk ........ Malor 24 7' COUNCIL, UEGDLAR MEETING, Mouduy, Mu~ IR, 1970. The Council of the City of Roanoke met in regular meeting ia the Council Chamber ia the Municipal Building, Monday, Hay 18, 1970, ut 2 p.m.. the regular meeting hour, uith Mayor Nebber presiding. PRESENT: Councilmen John Mo Boswell, David L Link. Freak N. Perkfnuoa, Jr., Hampton M. Thomas, James O. Trout, Vincent S. Wheeler and Mayor Roy L, Webber.- ....................................... AHSEIVF: None ........................ O. OFFICERS. PRESENT: Mr. Julian F. Hirat, City Manager, Mr. Byron E. Huner, Assistant City Manager, Mr. Janes N. Kincanon, City Attorney, and Hr. A. N° Gibson, Assistant City Auditor. I[~'OCATIOH: The me,ajar was opened mlth n prayer by the Reverend John O. Atkins, Pastor, Belmont Christian Church. MIHLrIES: Copy of the minutes of the regular meeting held on Monday, April 27, 1970, having been furnished each member of Council. on motion of Mr. Perkinson, seconded by Mr° Trout and unanimously adopted, the reading thereof was dispensed with and the minutes approved us recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council having set a public hearing for 2 p.m., Monday, May 1970, on the request of Mountain View Corporation, that property located on the northeast corner of Mountain View Terrace and Fuuquier Street, $. W., described as a portion of 2.044 Acreage, Block 11, Roanoke Development Land.Company, Official Tax 5 No. 1430101, be r,zoned from RS-3, Single-Family Hesidential District. to RG-2, General Residential District, the matter was before the body. Io this connection, the City PI annlng Commission submitted the following report recommending that the request for r,zoning be grunted: "April 16, 1970 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request mas considered by the City Planning Commission at its regular meeting of April 15, 19TO. Hr. Hoiman Willis, Jr., Attorney, representing Mountain View Corporation noted the intentions of the petitioners to construct apartment units on this site. In addition, Mr. {illin was of the opinion that this was the best use for this parcel of land. The City Planning Commission was of the opinion that the proposed use was in compliance mtth the zoning ordinance and in keeping with the general character Of the area. Accordingly, motion wan made, duly seconded and unanimously approved to recommend to City Council that this v,quest be 9ranted. Sincerely, S/ John H. Parfait /by L. John H. Parfait Chairman" #r. Holmen Willis, Jr.. Attorney. representing the petitioner, oppesred before Council in support of the request or his client. No one eppeoring is opposition to the request for rezonisg, Hr. Perkinson moved that the follooing Ordinonce be ploced upon Its first reading: (~19185) AN ORDINANCE to 8neod Title XV, Chopter 4,1, Section 2. of The Code of the City of Rooooke, i956, es amended, ond Sheet No, ~43. Sectional 1966 Zone Nap, City of Roonoke. in relotion to Zoniog. WHEREAS. application has been nude to the Council of the Cit~ of Roanoke to hare property located on the northnesterly side of Wountoin View Terrace. S. W.. and the cost side of Fauquier Street. S. ~.. being un easterly portion of Block il, Section 5, Roanoke Development Land Coopony Map, os more particularly hereinafter described, rezoned from RS-3. Single-Family Residential District. to ~G-2, General Residential District; end Nfi£REAS, the #titles notice and the posted sign required to to published a~ posted, respectively, by Section ?1, Chapter d,l, Title XV, of The Code of the City of Roanoke, 19§6, as amended, relating to Zoning, have been published end posted as required and for the tine provided by said section; and WHEREAS, the hearing as provided for in said notice mas held au the 16th day of May, 1970, at 2 p,n., before the Council of the City of Roanoke, at mhich hearing all parties in .interest and citizens mere given an opportunity to be beard, both for an against the proposed rezoning; and WHEREAS, this Council, after considering the evidence et herein provided, in of the opinion that the hereinafter described land should be rezooed. THEREFORE, BE iT ORDAINED by the Council of the C~y of Roanoke that Title IV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 195~, ac amended, relating to Zoning. and Sheet No. 143 of the Sectional 196~ Zone Map, City of Roanoke be amended in the follontng particular and no other, via.: Property located on the northmesterly aide of Mountain View Terrace, So W. end the east side of Fauquier Street, S. W., described as follows: BEGINNING et a point at the northeast corner of Mountain View Terrace, S. N. and Fauqoier Street, S. W,; thence along the north line of Mountain Viem Terrace in e northeasterly direction and.mith a curved line to the right, an arc distance of 369.40 ft. to a point on same; thence along a line through Official Tax No. 1430101 in a north, northmesterly direction 106 ft. to a point in the division line betmeen Official Tax No. 1430101 and 1430102; thence along said division line. S. 56° oo* aD" M, 230 ft.,to.the east line of Fouquier Street, S. ~,; thence along said street line, S. 8° 16' 50" E. 181.39 ft. to the PLACE OF BEGINNING, as shown by survey for Mountain Vien Corporation made by T. P. Parker, dated October 29. 1965, a copy of mhich is on file in the Office of the City Clerk of Roanoke City, nad B~ING an easterly portion of Block 11, Section 5, Roanoke Development Land Company Map, 2_ ,4'9 designated on Sheet 143 of the Sectional 1966 Zone Map, City of Rom ohe. as Official Tax No. 1430101, be, end is hereby, chleged fro. RS-3~ Siegle-Fsmlly S~sldentiel District. to RG-2, General Residential District. end abut Sheet No. 143 of the aforesaid mai be cheered in this respect. The notion uss seconded by Hr. Thomas and adopted by the follouing vote: AYES: #esars~ Bosnell. Link. Ferhlncoe, Thomas. Trout, Uheeler ead Meyer Webber ............. ~ .......... NAYS: None ............... ZONING: Couacil Airier set a public beefing for 2 p.m., Moedoy. May lB. 1970. on ~he request of Mr. John R. Frye. et ux., that property located on Morrill Aveoue. S. E., described as Lot 9, Block iS. S~ct*inn A. Buena Vista Laud Company, Official Tax No. 4141619, be rezoned from RD, Duplex Residential District. to C-l. Office sad Institutional District. the matter Mas before the body. Ia this connection, the City Planning Commission submitted the folloning report recommending that the request for rezoning be deoied: *April 16. 1970 The Honorable Roy L. Webber, Mayor nad Members of City Council Roanoke, Virginia Centlemen: The above cited request nas considered by t~ City Planning Commission at its regular meeting of April IS, 1970. Mr. Murray Stoller, Attorney, representing the petitioners noted the follouiog: (1) That he represents John R. Frye end Page L. Frye. both certi- fied driving instructors mhd conduct classes in driving instruction in their home at 719 Morrill Avenue. Approval Mas ~obtained from the Board of Zoning Appeals on March 30. 1970 to hold classes an a home occupation. (2) That the petitioners wish to raze the existing garage structure on the rear of their property and erect a four-car garage on the first floor end hare tmo classrooms, ne office and rest- in excess of $11,000. T~o local residents objected to the proposed one stating that it constituted a traffic hazard, particularly since many of the local residents mere older people. The City Planning CommissiOn ~oted that the proposed property to be rezon~d .coqutituted an area of about 7500 square feet and ordinance (Section ~7) for rezoning to a commercial classification. In this regard the Zoning Ordinance in part states that *no change · in zoning classification to u commercial or industrial category shall be considered ehich involves au area of less than ted acres.* Accordingly, motion Nas made, duly seconded and unanimously approved to recommend to City Council that ~hls request b~ denied. Sincerely, S! John B, Parrots /by L. John B. Parrots Hr. Murrny. A.~Stoller,:Attnrney; representing the petitioner, appeared before Council in support of the request of bis client and advised that his client wishes to raze the existinggarage structure at the rear of his property and erect a i four-car gorsge on the first floor, tug clossroous, eo office gad restroous on the ~ecoed floor, that the proposed neu building will cost opprozimotely $I1,000,00 gad pointing out that this constriction mill not deter from the appearance of the neighborhood but mill be ne improvement to it. In e dlscossion of the uniter. #r. Lick,advised that it is his opinion if Council grants this request they mould be infringing upon the rights of other in the area*that it mould got be proper for Council to grnnt this request rot rezoning since Mr. Frye cnn operotn his business in hfs home and thor rezoning the area would constitute spot zoning. Mr. Wheeler advised that the urea to be rezoned is les~ than tug acres and that'to grant this request the Zoning Ordinance would have to be emended accordingly, Mrs. Ronold #, Grey, 718 Morrill Avenue, S. E** appeared before the body in opposition to the request for resorting end advised that the proposed rezouing would be undesirable to residents in the area. After a discussion of the matter, Mr. Rosuell moved that the request for resorting be denied. The motion wes seconded by UFo Lash and lost by the following vote: AYES: Messrs. Boswell, Link and Wheeler ..............v ............ 3. NAYS: Messrs. Perkinson. Thomas. Trout. nod Mayor Mebber ..........4. Mr. Thomas then offered n substitute motion that the matter be referred to the City Attorney to review the Zoning Ordinance uith regord to the two acre minimum requirement under the Zoning Ordinance and that the City Attorney also be directed to raving the proposed Ordinance and make recommendations os to how the request for resorting can be granted. The motion mas ~econded by Hr. Trout and adopted, Mr. Link voting no. ZONINg: Council having set u public hearing for 2 p.m.. Monday, May lq?0, on the request of Mr. J. W. Stoveil. et mx** that property located on the south side of Bibb Street~and'tbe.nortb side of~Midway'Stteet,b~tw~en Dunkirk'Av~nue' and Carvia Street, N. E;;:de~cribed as Lots 3,~4, 5, ?.mhd 8;Offtcial Tax Nos. 3331107 - 3331111~'incluslve, Map of Si~monk Subdivisi0n;b~ rezoned fromlRD, Duplex Residentia: Bl~trict~ 'to £~1, General Residential District, the matter was before the In this connection, the City Plann~G Commission submitted the follouinG report recommending that the request fur rezoning be denied: The Honorable Roy L. Webber, Mayor and Members of City Council Roenoke, ¥lrgin]a Gentlemen: The above cited request was considered by the City Planning Commission at its regular meeting of April 15, 1970. Mr. James G. Reed. Attorney for the petitioner noted the follouinG: 251; units. (b) Several cpertment structarea ere leceted is close proximity to this site in the town of Vision. (c) The site is adjacent to · perh. (d) There exists a need for housing in this eves. end the city The City Plsnalag Commission uss generally of'the opinion that this petition constituted spot zoning and. In addition, mai not in keeping with the general character of the area. Accordingly. motion mas mede, dul]'~econd~d and uaanimousl! ' approved to recommen~ to City Council that thin request be denJed. Sincerely, SI John H. Parrott /by John H. Parrott Mr, James G, Reed, Attorney, representhg the petitioner, appeared before Council Jo support of*the request of his client end advised th t his client plans to construct four to six apartment units on this site, that there is a need for this type of housing in the area and that the City of Roanoke would realize an increase in the amount of taxes. Zn this connection, Mr. Lather MermeIatein. Planning Director. appeared before the Council and adyised that tbs City Planning ConmissJon mas of the spin ks that if this request were granted it would constitute spot zgnfng and mould net he in keeping with the general character of the neighborhood. After a discussion of the matter, Mr. Rheeler moved that the request for rezonJng be denied. The motion was seconded by Mr. Trout and unanimously adopted PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. W. F. Silver. representing Mrs. Dorothy W, Stern. owner of property at 523 Vision Road, N. E., requesting that Mrs.' Stern be issued a non-conforming permit to raze the existing store building on her prop~ty and to construct a new building os said property for' th~ same use, was before Council Mr. Rheeler moved that the CltyAttorney be 'instructed to prepare the proper measure authorizing the *issuance of tbe n~n-conforming permit' and the request of Mrs. Stern be referred to the ~ty ManegeT 'for study~ report end recommendation to Council. The motion mas seconded by ~r. Lisk and unanimously adopted. BUDGET-SCHOOLS: A communication from the Roanoke City School Board, requesting that $117,468.00 be appropriated to "Schools - Project Focus." of the 1969-70 budget of the Roanoke City School Board. to provide funds for a summer read- lng and in-service training program which mill be 100~ reimbursed from federal funds was before Council. Rt. Thomas me'ed that Council concur in the request of the Roanoke catI School Board and offered the following emergency Ordinance: (~1918b) AN ORDINANCE to amend and reo£da~n Section aba000, "Schools - Project Focus." of the 1969-70 Appropriation 0rdinaece. and providing for an (For full text of Ordinance, see Ordinance Book No. 34, page 291,) Mr. Th,msS moved the adoption of the Ordinnnce. The motion mss seconded by Hr. L~ok and adopted by 'the f,Il,ming vote:' ' ' AYES: Messrs. Limb, Perkinsoo. Th,mos, Trout. Wheeler nad Mayor Webber ...................... ~ ............... 6. NAYS: Mr. Boc~ell ..........~ .... '1. · BUDbET-SCBOOLS: A comuunicatiow from the R~lnoke City 'School B~erd, requesting that $2,760.00 be npproprllted to Supervision of Student Teachers under Section ut3000, "Schools - Miscellaneous.* of the 1969-?0 budget of the Roanoke City School Board. representing an amount mhich has been received in excess of that originally appropriated in the 1969-70 budget of the Roanoke City SchoolB~rd, mas before Council. Mr. Link moved that Council concur in the request of the Roanoke City School Board and offered the f,Il,ming emergency Ordinance: (=19187) AN ORDINANCE to amend and reordain Section =13000, "Schools - Miscellaneous,* of the 1969-70 Appropriation Ordinance, and providing for an emergent (For full text of Ordicooce. see Ordfnnnce a~k No. 34., page 292.) Mr. Lisk moved the adoption Of the Ordinance. The motion 'mas 'seconded by Hr. Perkinson nad adopted by the follo~9 vote: AYES: Messrs. Bosuell, Lisk, Perkins,n, Thomas, Yrout, ~heeler and Mayor Webber ................................. ?. NAYS: None ........................ ALCOHOLIC BEVERAGES: A communication from Mr. Robert G. Jones, requesting that a detoxiflcation center be established in the City of Roanoke, mas before Counci Mr. Thomas moved that the matter be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Lisk and unanimously adopted. RADIO-YELEVISION: A communication from Mr. Robert G. Jones', reneuing his before Council. Messrs. Vincent S. Wheeler. Chairman. Clarence E. Pond and Roy R. PollSrd. SrO, for their information in connection with their study of the' question of permitting the construction of a community mntenco television s~stem in the CAyof Roanoke, The motion mac seconded by Mr. Thomas and unanimously adopted. AIRPORT: A communication from Mr. Robert G. Jon~s, requestin9 a franchise for taking care of luggage'after'it is removed from the airplanes at Roanoke Munictpu: (W,,drum) Airport, mas before Council. Mr, Lisk moved that the request be referred to the Airport Advisory Commis- sion for study, report and recommendation to Council. The motion Mas seconded by Hr. Trout and unanimously adopted. 253 I DEPARTMENT OF F~BLIC R/LFAR£: A eommemionlioe from Mr. Cecil Simnone, complaining that ell o! his freedom has been tnken from hie since he mns forced to go on welfare end tnking except tn to a recent public flntement thnt 'lhe hungry ere bnegry hecnuse they ire no nccount,' mae before Council. Mr. Rosmell moved that the communication be received end taken.under advisement. The notion ems seconded by Mr. Rheeler amd unnniuously adopted. STREETS AND ALLEYS: A petition signed by four property garters, agreeino to dedicate sufficient lend to alden and improve £ddington Road, S. E.o UBS before Council. Mr. Trout moved that the matter be referred to the City Mnnager for study, report and recommendnfion to Council. The motion mas seconded by Mr, Bosmell and unanimously adopted. AOOITORIUM-COLISEUM: A comuunicat~n from Mr. Joel Nrisch, President, American Motor Inns, Incorporated, adrlsfuo thee the Company Is deairoor of operat- ing the catering end concession facilities at the Roanoke Civic Center on a flat leaf or percentage lease basis, nas before Council. Mr. Trout moved that the offer be referred to the Roanoke Civic Center Advisory Commission for Study. report and recommendation to Council. The motion bas seconded by Mr, List and unacinously adopted. SENRRS AND ~OR# DRAINS-WATER DEPARTMENT: A communication from the Fifth Planning DistFic% Commission, respectfully requesting Council to join them in petitioning elected represeotatires in Wasbinotoo for Congressional authority for a comprehensive study of the Upper Roanoke River Basin by the O. S. Army Corps of Engineers and transmitting copy of a Resolution passed by the Fifth Plantin9 Districl Commission at its meeting on April 23, 1970, containing a concise summary of the justification of the Commission for such action, was before Council. Mr. Wheeler moved that the matter be referred to the City Attorney for preparation of the proper Measure. The motion was seconded by Mr. Link and unanimou2 IY adopted. AUDITS-CITY TREASURER: A communication from Mr. Joseph S, James, Auditor of Public Accounts. transmittino a communication advisino that he has audited the accounts and records of Mr. J. Do Johasone Treasurer of the City of Roanoke, as related to revenues collected for the Commonwealth of Virginia for the fiscal year ended June 30, 1969, and presenting his report on the audit showino that the examina- tion disclosed proper accounting had been made for all recorded receipts and the records had been prepared in an excellent manner, Mas before Coueoil. Mr. Wheeler moved that the communication and report be received and filed~! The mntion was seconded by Mr. Perktnson and unanimously adopted. REPORTS OF OFFICERS: BUDGET-CITY SERGEANT-JAIL: The City Manager submitted the following report recommending that $2,000.00 be appropriated to Food Supplies and $1,500.00 to Medical 255 ' led Housekeeping Supplies u'nder the 1969-70 budget of the Roanoke City Jsil, due to increased occupancy or the JaiL, the rising cost of food lad · Substantial increase in the cost or medicines needed during the flu epidemic in th'eJnil during Jenuerl end Febrnary: 'Roanoke, Virginia Ma~ 18, 1970 Honorable #~yor ·nd CitJ Council Ronnoffe, Virginia Gentlemen: ' Hr* Ke~mlt £..Allune, City Sergeant, has requested that there be submitted to the City COuncil · reqnast rot additional funds rot two of the operating accounts rot the City Jail. The first ia Object code 38-A, Food, mhich had · budget appropria- tion of $36,000 end ubich has a balance as of May 12. 1970, of $3,173. This amonnt is Insufficient for the remainder or the year nnd the in- creased occupancy in the Jail along moth rising food costs bas created this situation. The recommendation nn requested is for a supplemental appropriation of $2,000 to this acconnt. The second item is Object Code ~3-Bo Medical and Housekeeping Supplies, uhicb had an initial appropriation of $6,000. The balance in this account In $343.70 as of May 12, 1970. The recommendation for nupplementnl appropriation is $1,500. The Sergennt states that the reason for the request on this item is because of the subntantinl during January and February, plus an increase in Jail population which has increased the operating supplies, including linens nnd various other items. These nra submitted to the City Council uith a recommendation of approval. Respectfully.submitted, 5/ Julian F. Birst Julian F. HOrst · City Manager" Mr. Link moved that Council concur in the recommendation of the City Manag~ nad offered'~he follomlflg emergency Ordln·nce: (~19188) AN ORDINANCE to amend and*reordaie Section a2G, "Jail.~ of the 1969-70 Appropriation O~dinaec~, nnd providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 34, page 292.) Mr. Link moved the adoption of the Ordinance. The motion was seconded by Mr. Trout end adopted by the follovin9 vote: AYES: Messrs. Boswell, Link, Eerklnson. Thomas, Trout, ~beeler and Mayor Hebber ..... ~ ........ = .............. ?. NAYS: ~one ......~-= ........... O. BUDGET-GARAGE-CITY E~GINEER: The City Mnnnger submitted a written repozt recommending that $800.00 be transferred from Rentals in the 1969-70 Snow and Ice Removsl budget, to Motor Fuel and Lubricants in the 1969-70 budget of the City Garage Mr. ~heeler moved that Council concur in the recommendation of the City Mnnager and offered the felloxing emergency Ordinnnce: (~19189) AN ORDINANCE to amend and zeordain Section ~620 "Snow and Ice Removal.' God_Section ~?1. 'Garage.~ of the 1969-70 Appropriation Ordinance. and :providing for aa emergency. (For full text of Ordinance. see Ordinance Book No. 34, page 293.) #r. Nheeler moved the adoption Of the Ordinance. The notion mss seconded sy Hr. Trout and adopted by the rolzomlng vote: AYES: Ressrso Rosaello Limb. Perhinsoe, Thomas, Trout, Mheeler and Mayer Mebber~ ....................... ?. NAYS: None ............... O. CAPITAL IMPHOVEMEI~S PROGRA#-JAIL: Council boring referred to the City Manager for study, report and reconnendstion m communication from #r. Robert P. Mason. Jails Superintendent, ~vision of Corrections. Department or welfare and Institutions, advising that sometime fa the late sumner of 1970 there nay be some Jail construction money available through the Lam Enforcement Administration and tho~ in addition to the possibility of ob%einJng sane construction money through LEA the City of Roanoke is eligible to receive up to one-half construction cost not to exceed $25.00,00 for each participating locality and suggesting that the City of Roanoke follom the proper procedure touard'ascertnioing the availability of such funds for the building of a usu jail in the Roanoke Volley, the City Manager submitted the follouing report advising that the program mill be matched and it perhaps will be a month or two before any specifics are available: 'Roanoke, Virginia Way IH, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: At your meeting of May Ii. City Counoil received a letter from Mr. Robert P. Mason, Jails Superintendent of the Deportment of Welfare and Institutions. ia regard to jail construction money available for the Lam Enforcement Administration. Mr. Mason*s letter mas apparently u form letter sent to political jurisdictions throughout the State. You referred the letter to ne for investigation. In order to clear this as a pending matter, I would advise that Me are keepin9 in contact with various grants es are or wight-be available under this program. Some funds have been proposed in the category of *Development of Regional--Community Base Centers for Detention Diagnoses, Treatment and Training** Someuhat limited funds are proposed in this grouping and it is believed Mr. Mason*s letter may have been s little overly eocouraging to the jurisdictions. The program will be matched and it perhaps mill be a month or two before any specifics are available, The program is largely oriented to regional facilities.and, it ~ill be noted, is geared to other.aspects in addition to detention. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" Mrs Wheeler moved that the report be received and filed. Tho motion was seconded by Mr. Boswell and unanimously adopted. APPALACHIAN POMER COMPANY-SCHOOLS: Council having referred a.report of the City Attorney transmitting a proposed Ordinance authorizing the execution of a mritten license and permit to the Appalachian Power Company to construct, erect, operate and maintain underground electrical transmission lines and equipment ~ serve the Ruffner Junior Righ School property to the City Manager for father study mith regard to the construction of underground electrical transmission facilities rather than overhead facllities, the City Manager submitted the folloming report advisin9 257 thet the m~tter hie been discussed sith representatives of the Roanoke ~ity S~hool Board and the Appalachien Poser Company sad that it appears the Compnny aaa perform- ing under shot la considered general rules and policies: 'Roanoke, ¥irginin Ray IH, 1970 Hoa~rnble Mayor ned Citf Council ' Ronn~he, y~rginia Gentlemen: On April 27,.1970,-.the-City Council hsd before It am ordlaence authorizing the execution of a sritten license nad permit to the Appalachian Poser Company to construct, erect, operate nad maintain ne underground electric transmission line sith accompanying equipment across the school property to serve Rurraer Junior High School. City Conncil made the inquiry ea to the cost of this installation of the underground service end referred it to me. This has been discussed with b'oth the school division nnd the pouer compnny. The pomes company ia performing under shat mas itu general rules nnd policies, shereby, if the nnticip~ted electric usage Justified the expenditure for p~ivate or business customers, the coupnny mould install underground service facilities. This policy has prevailed for some number of 7ears and our inquiry appears to Confirm that that the'compae~tS:handll~g ~o ~hls.instance is co different than '~ ~so~dbe'bt~ ~cth~c~.omer*~e~.s~rcircun~ces, ;t Is understood aha the comp~nyh~ made thes~nem'ran~e~ for Jam~ R~lsonJunt~ High School, It should be noted, houever, that the State Corporation Commis- sion in n recent ruling against public utility has voided this type of concession, if it can he called that, es being eligible to he granted by the utility'to a customer.. The ruling, it is understood, has been strongly objected to by the utilities. The William Rurfner situation and possibly the J~mes Madison situation, still stand be- cause they sere committed prior to the ruling. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager# Mr. Perklnson moved that Council concur in the report of the City Man~ er and that the follosing Ordinance be placed upon its first reading: (u19190) AN ORDINANCE authorizing the City*s execution of n written license and permit to Appalachian Poser Company to construct, erect, operate and maintain certain underground electrical transmission lines and equipment to serve the Cityts Ruffner Junior High School property. MHEREAS, the*Roanoke City School Board'and th~ City Manager have recommend- ed to the Council that license and permit be given Appalachian Poser Company as hereinafter· provided in order to pro~ide underground electrical transmission factli- for the City*s nas Huffner Junior High Schoolbulldings end property'. THEREFORE, BE IT ORDAINED by the Council of the City of R~anoke that the Mayor and the City Clerk be, and are hereby authorized and emposesed to execute. for a~d on behalf of the City, end to seal and attest, respectively, aurJttee license and permit to Appalachian Power Company upon such form*as is approved by the City Attorney, granting to Appalachian Pouer Company license and permit to construct, erect, operate end maintain no undergroond electric line or ll~es, for the purpose of transmitting electric pomes underground from Appalachian Pomes Company*s Poles No. 229-1903 and Ho~ 229-1604'oa Ferecllff. Avenue, ~ztended, onto the school property of the City, eltuote on the uorthenaterl'! aide of Ferecliff Avenue, huoou es the auffeer Junior High School site, in Roanoke County, Virginia, the locution or said underground electric pouer lines to be as are sboon colored in red on print of Appalachian Po.er CoupenyOa dreolng No. R-599. doted 3-12-70. entitled #Appelaohia Power Co. 12 Ky. O. G. Feed to Refiner Jr. High School*, i copy of xhich said plan is on file in the Office of the City Clerk, such license to provide, trier eli,, the* auld poblln aervioe corporation shell remove all such oJres nnd cable on ira*ten order of the City expressed by ordinance or resolution of the Council K the City of Roanoke, xhereupon ill right, title and interest of said electric pouer compaa! in the right-of-uny and license provided therefor shell raver* to the City. The motion mas seconded by Mr. ~heeler ned adopted by the follouing rote: AYES: Messrs. Boswell. Lish,' Perkinson, Thomas, Trout, ~heeler and Hayor ~ebber .............................. ?~ NAYS: None ..................... O. TRAFFIC-POLICE DEPARTMENT: The City Mana~er submitted the following ~port recommending that Title 19, Chapter 1, Section 30 and Section 31, of The Code cf the City of Roanoke, 195b, be amended to provide that $5.00 be charged for the issuance of public vehicle driver*s license and that $2.00 be charged for the renexal thereof and recommending that the Police Department continue to process the application but rather than the Police Department continue the present procedure Of collecting the money that the applicant be referred to the City Treasurer where the fee mill be pal upon completion of investigation and the permit issued upon receipt of the fee pay- meflt: *Roanoke, Virginia May 1§. 1970 Hoa~ able Mayor and (~ty Council Roanoke, Virginia Cee*leman: Title 19, Chapter 1, Section SO and Section SI of the City Code provides for the issuance and renemul of public vehicle or taxi-driver pernits, The Police Department issued 120 renewals and 114 new permits during calendar year 19~9 under these sections. The fee for issuance of a new permit is $1.00 ~nd for renewal of permits on an annual basis SO cents, it would appear thattbis scale of fees have been in existence for epproxlmatel~ 3~ years. The fee doeu not cover or offset the cost to the City ~r examination of records, fingerprinting of applicants, request for examination of FBI files and clerical murk required to process, file and collect fees. A large number of people apply for a Chauffeurs* permit or renewal mbo are not nc*nelly involved in the operation of taxicabs. The result of this is what is believed to be an unnecessary amount of work for the department and a subs*un*fei number of unused permits. This activity is perhaps largely due to the fee being nominal. Xt is recommended th t the City Council consider and that authorization be given to the City Attorney to prepare an amendment. to the Code which mould provide that the initial fee be increased tu $5.00 and that the renewal fee be increased to $2.00 annually. Our best information is that these rates are ~enerally consistent with those prevailing in other cities. 259 · - ,.l~me~ced~al standpoint* it is considered that it mould be desirable that the Police Oepsrtmemt continue to process the Ippli- cltiOn but that rather thin the present procedure of the department's collecting the money that the applicant be referred to the City Treasurer nhere the fee mould be paid upon completion of Investigation and the permit then issued on receipt of the fee payment.. Respectfully submitted, SI Julian F. Hfrit Jallsn F. Hlrst . - City Useeger" Mr. Pe~kinson moved that Council concur in the recommeedntlons of the City Manager nndthnt the City Attorney be directed to prepare the proper measure accord- ingly. The motion mss secOnded by Mr. Lash and ueanimously adopted. RECREATION D£PARTMENT: CoancJl having referred to the City Manager for study, report and recommendation e petition signed by lO0 citizens, expressing the opinion that the building and facilities et the Grandam Court Recreation Center ere most inadequate for the 500 to 600 persons using it each meek. the City Manager submitted the follo~in9 report voi~ng the hope that in the search for funds e neu Community Recreation Building to serve ~he sonthuest aha mill receive a strong- priority consideration: ~Roanohe,'Virglnin May lO, 1970 Honorable Mayor And City Council Roanoke, Virginia The ~ty Council at your meeting on April 13 received a petition bearing 109 namee stating: tMe. the undersigned, think that the building and facilities at the Grandam Court Recrestiol Center on Harham Road ore must inndequute for the 500 to 600 people using it each week.* The Council referred this petition to me for study, report and recommendation. I advise as folloms; The opinion of the petitioners Is correct aa this Is a sftnntlon recognized for some several years. The Crandin Court center is the old Moodrow School House math primarily only tug rooms.. It is the only facility available for mhnt constitutes a population area of about 35,000people. .The Cityendeuvors to keep the building in a reasonably good state of repair; hmevero.mith a structure of this type and this age, it.is very difficult to maintain it end to provide within it anything in the way of reasonable recreation facilities. Its size and condition also causes a limitation of the nature of programs that can be conducted there. Of personal concernto me has been the opinion that theappearnnce of the building.and grounds are not on the same par as the surrounding residential area, Any extensive remodeling of tie build'n9 mould seem to be cut of order because undertaking this mould for practical purposes Justify taking the building down completelyend starting math s nam structure. Homevero this presents an additional problem in view of the limited space of the lot owned by the City and the fact that to emlnrge the building to any considerable ext~nt mould practically use up the property and eliminate outdoor area. For this reason, it is considered that the logical approach would be the construction at some other location of n community recreetion building that mould serve this southmest community area. There is a great number of children throughout the communities and u high degree of interest in ali age groups ia-the various types of activities related to recreation and recreation programs. In this connection the Depart- ment of Parks and Recreation has proposed, Ju the past three annual budgets, funds to construct a community recreation center. This is suggested as a substantial building which mould include game rooms. kitchen, lounge, lobby, office, gymnasium, locker rooms, shouevs, et cetera, Oar presoak estimate o~ such · should be located on park land utah the idea that Shrine Hill Park mould be the most neutrally located.' The ldeaor es~ag park-land for The Department of Parks and Recreation has submitted a proposal for such · building for the 1970-71 budget, 8ouever, aa mill be noted In the sabmission or the budget, this proposal has been deleted along with many other things is the face or available or lack of available fends. It moald be hoped tbat la the search for money that this center mould receive a strong priority consideration. There Is the need and, as stated, a high degree or opportunity or use and interest h the area. Beyond these connects, ! do eot know of anything further that ! could add to this report except to hope that in sene uny the City eight be able to mark out the accomplishuen% of what mould be a year-round recreational facility. Respectfully submitted. S/ Julian F. Birst Julian F. Hires City Manager' Mr. Wheeler moved that the report be receivod and filed. The motion mas seconded by Mr. Thomas and unanimously u~pted. TRAFFIC: Council having referred to the City Manager for consideration a communication from Mrs. Zaean g. McManaway pointing out that the street traffic lines which are painted in August are all too Soon obliterated beginning in December by snow tires and snow chains and recommending that the ~affic lines be painted in April so that they will be visible all during the summer for better safety, the Cay Manager sabsitt~d the following report advising that the present street marking program of the City of Roanoke extends from April to November: · Roanoke, Virginia May 19, 1970 Honorable Mayor and City Council Soanoke, ¥irgiaia Centlemen:. ' At your'meeting on Hatch 30, 1970, Mrs. Zaman Ko Mc~anaway, 2515 Broad Street, N. ~., appearad before the City Council lnqnlring us to the street marling program of the City. This uaa referred to me .for a report to the City Council and.the followin9 Is advised. Two-main teams of personnel are each assigned a small paint machine and truck ~nd have~ commencing uith good weather in the spring, assigned duties of painting school crossings, Stop lines~ and other uork not applicable to the large center lining machine. Priority Of work assigned to these men sonsists of mid-blockdowntone crossings, critical work at schools and other emergency markings, During the month of M~y these men will also paint the Central BSsJness District at night except for center lining. At present these men can uork paint or granulate satisfactorily only when the ground temperature is in excess of SO degrees Fahrenheit and the pavement is dry and sunny conditions prevail. Work which has already been accomplished this year, in accordance math customary programming, has consisted of school crossing markings, transition markings and other stripings in various areas. Two men marking as a team and equipped uith a truck are assigned daily to sign maintenance whenever there is a'full section of men to do the work. This uill, at this time, be u daily asai9nnent and ia the maximum number of men thit can be put each day on sign worh from now on to the end of the painting season uhich will run through September,and possibly into ~oyember..' On or about the fi~nt'of'Jese,.ose of thetuo until point*machine crams alii be out *oot~ned~et this'point th*e nee*i~nlg~ed t5 ShelteRs paint anchlee" for ~e~ter llnlSG~/lesd'llaleg ~ed edge ma~hleG.'**lt lakes · minimum cram or nix to eccoepnoy thi~. mocbhe.. Fonr~ eessosel~eeployees ufll be hired to coiplee~st the*Sue permnoeet euploje~s'Uorkisg thih cram. ~orh uJth the big mechiee ~mill coetibno through Jose, July nnd AnGoslo Some murk ulth thin machine mill Coktinue p0nsJbl~.ielo Sepleeber, Outbber~end mnybe ~oveaber .trier the senn*sol.kelp is Gone for lhe summer. DUFIEG lhin period,' lhe men oveilnble ia tkedivinion ore sufficient to'only moth lhin mecbise. The lust morR done mitk lhin murk et the Airport uhere ne*asses in point drying In sol o be rent*red in lhe least poss~le time. In nomksry the pointing season in general runn fsom April to October o~*November. DurhG thin tine are accomplished one or more times daring the pninliuG season ns edge markings are done *nee during lhe year. Ail o! thin is controlled aa to the limits of budget mod lhe copabflflfes of available equipment and pernonnel. To express it another may, it taken the Trnffic and Communications. Division from April to Hovember to rent*re uhat ulster ueathering conditions do dufin~ the moolht o! Janunry, Februnry and March. There ore no ha*un substances on tbs market today that cnn be applied satinfaclorily durluG these months. Heather are there knnun lo be more durable products on the market that in the long run compare favorably in cost mith the application of paint. As it is believed Council is aware, the City purchases paint on a competitive basin under standards and specifications used by the VirGinJn Department of DIRhmays and an are Generally accepted through highuay divisions in It is hoped this explains the situation and we would be Glad to elaborate to nny extent appropriate. Respectfully submitted. S/ Julian F. Hires Julian F. Hlrst City Manager' Mr. Wheeler moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted** SIDEWALK-CURD ADD GUTYER-STRE~TS AND ALLEYS: Council havinG refer~cd to th~ City Manager for study, report and recommendation the matter Of improving the walkway Duff Lane, ~. ~., from Duff Lane School to DershberGer Road, the City Manager sub- mitted the following report advising that the Malkway was improved and reGraveled on ?, 1970, and is in Good and useable condition and that on a l.on9 range basis it is desirable to ~iden Huff Lane both for pedestrian and passenger traffic: #Roanoke. Virginia May ID. lqYO Honorable Mayor and City Councll Roanoke. Virginia Gentlemen: At your meetinG on May 4, the City Council inquired for a report as to the Gx~el mnlkmay al*no tbs meat side Of*Huff Lane. The City hns s right of may of approximately 25 feet for about four blocks on Huff Lane north of the Duff Lane s~ ool area. Within this right of may and on itu best side we~ sever&l yearssGo, construct- in'that route to and from the Doff Lane School. The malkway has a variable width of four feet. It ~os cleaned and Graveled the first of this school year; however, maintenance was n~ renewed during'the year and miththe result that it had Grown up and become somewhat obstruc- tive and it ls believed that this caused the concern of people in the area. It ii reported th'etthe melh~ty'utn~l'mprowdlendregreveled on #ay T. 19TO/land iS IS good end es·bin condition' sou. ThJt, it ii felt, ~rbsolvet thb inu~die~er eitettl~. On the lot· range basis it mould be desirable to alden Huff Lane. both for vehicular end passenger traffic. ; Such. ·s I mentioned to City Council, f~ · rather oonpllc·ted matter end l.believe that the City Council from e number of putt uituntint related to Muff Lane end itc adjoining pro- perfect II aware of tone of the problento Aetocieted ultb the nidenlng ere uny pos shllitles of obtaining additional ri·bt of nay from the nufr Estate end this hms been complicated in the post. the passible extension of Huff Luna ~rough to Mershberger Road mhlch hun alto been Involved and estocimted transactions over · peried or tever·l years uith Crendvfen Apartments. We mill contlnge to pursue this mutter, although inking your considerntion of the problenu involved in view of the various complications. Respectfully submitted, S/ Julian F. Mirst Julian F. Hirst City Manager* Mr..Perkinsoe moved that the report be received and filed. The motion was seconded by Mr. LJsk and unanimously adopted. WATER DEPARTMENT:' The City Manager submitted a written report trnnsmittin; a statistical report of the Water Department es to various operational activity math- in the Department for the month of March, 1970. compared math the month Of Marsh, and for the period beginning July 1, 1969, and ending March 31, 1970, as compared with the same period for the preceding year. Mr. Perkinson moved that~e report be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. LIBRARIES: The City Manager submitted n written report advising of the resionttion Of Mr. William F. Cummings us a member Of the Roanoke Public LlbFary Boar and suggesting that a letter Of appreciation be transmitted to Mr. Cum~ingt for his services. Mr. Link moved thatthe matter be referred to the City Manager and the City Attorney to prepare a communication expressing the appreciation of 'th~ Council of the City of Roanoke for the services rendered by Mr. Cunming~ as a member of the Roanoke Public Library Board. The motion was seconded by Mr. Perkinson and unanimously adopted. ~TATE MICHWAYS: Council having referred to the City Manager for report a communication from Dr. Theodore W. Banks, requesting · report on the status of the project for State Route 116. and, if possible, the projected date on uhich construct- ion mill begin, the City Manager submitted a written report transmitting copy of o communication addressed to Dr. Banks advisin9 that this project is expected to extend for several years and that there has not been any pro, acted timing on the section of Route 116 referred to by Dr. Banks. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Link and unanimously udop:od. AIRPORT: Council having referred to the City Manager to work out · form of contract for advertising On available null space in buildings at Roanoke Municipal (Voodrom) Airport. the City Manager submitted the rollomlag report advising that he has urltten to o grouper advertising firms as to ,bather or sot they'uould be Interested In ombmfttfag · proposal to Coo,ell ge ndverlisiag et the Airport. tbot he is ezpectiag~replies from them mithJa approximately ten days mad that he uJll then send a request for specific proposcla: 'loacohe. ¥irginia May 16. 1970 Honoroble Mayor and City Council Roanoke. Vlrgiaio As a result of severml meetings.mod reviem in detoil uith one of the leading companies Ja the business, me feel thnt me non hove a fairly good idea us to the scope et commercial advertising that could be applied in the Airport terminal and the general nature of In order to comply mith mbat mould be assumed to be sa inter- est on the part of City Council in having severol proposals, if available, me have urittea to n group or firms mbo are in this business or related advertising to inquire es to ,Aether they mould sJsh to acbmit a proposal to the City. As soon as me hear from them in approximately ten days and dependent upon the number that respond as being interested me mould then send a request for specific proposals. There is one firm that does a good deal of airport work that is known to be definitely interested so that there is assurance of at least one response. This is as report to teep the City Council up to date. Respectfully submitted. S/ Julian F. Hirst Julian F. Hirst City Manager~ Mr, Wheeler mored thnt the report be received nnd filed. The motion seconded by Mr. Trout and unanimously adopted. ZONING-TRAFFIC: Council having referred to the City Manager for study. report end recommendation a petition signed by S6 residents in the 1900block of Grandlc Road. S. Re. us ,ell as Braudon Avenue and Belleviem Road. objecting to the building of a parking lot on Grandln Road. S. W.. the City Manager submitted a uritten report transmitting copy or a communication ,rattan to residents in the area advising that he mlll.meet with them on Tuesday. May 19. 1970. at 2 pm.. to explain the Zoning Ordinance concerning milo,mucus it mahea rot parking facilities. Mr. Perkinson moved that the report be received and filed. The motion was seconded by Mr. Lisk and unanimously adopted. AIRPORT: Council having.directed the City Manager to proceed to advertise for bids on a non-exclusive concession for operation of the fuel service facilities now ouned and used by the cat7 at Roanoke Municipal (Woodrum) Airport for the remainder of the period or time or the present city fuel purchase contract mhich expires h September. 1971. the City Manager submitted a mrJtten report advising that On Monday. June 9. 1970. bids mill be received on the fuel concession for the balaac* of the p~eseat contract period. Mr, Wheeler moved that the report he received and riled, The motion was seconded by Mr. Trout and unanimously adopted. 263 BUDGET-HOUSING-SLUM CLEAIIANCE-PLANNIHO: Council having directed theCity ffonsger to prepare n progress report os what has transpired in connection with the reenvwl of condensed henson lw the Cie, of Moewoke clone the oeo position of building inspector uns established is the Office of the flullding Couwissioner. the City Manoger subwitted t written report trsnswitting a suuwsry of the activities the Office of the CowwJnsioeer of HuJldiogs with regard to houses condemned in the current fiscal year. Mr. Trout uoved thtt the report be received and filed. The notion mss seconded by Mr. Wheeler end unoniwousl! adopted. SALE OF PHOPERTY-ZONING-STAT£ HIGHWATS-I~DUSTHIES: The City Mnncger sub- mitred a uritten report o~visiag that preliminary plans have been completed with the ~lrgfnJn Department of Highways for the industrial access road frae lOth Street to the Mache Company property, that these ptelieinnry plans are subject to field inspection and that a field Inspection has been scheduled for May 27, 1970, with representatives of the Virginia Department of Highnn~s, the Department Of Public Woth and the Engineering Department, that following the inspection there Hill be additions work on the plans and a deteswination of costs, and thn~ the matter will be reported back to Council before any definite ~ction is taten. Mr. P~rEtnson moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. STATE HIGHWAYS: The City Manager submitted a written report advising that the Virginia Oepartment of Highways has scheduled a public hearing on the project of reconstructing, widening and luproving Orange Avenue from Interstate Route S81 to 12th Street, N. E., for Wednesday, June 10, 1970. at 10 a.m., in the g~mussium of the Boc~et T. Mashlngton Junior High School. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. STATE HIGHWAYS: The Cit! Manager submitted a ~ri~ten report ndrt$ing he uil~ present a set of plans for the review or Council on the 10th Street Improve- meat Project ~r~n Campbell Avenue, S. ~., to Fairfax Avenue, N. W., and that the Virginia Deportment of Highna~s has requested that Council adopt a Resolution approv- ing the project ~s presented. In this connection, the City Manager and the Assistant Cit~ Engineer, presented a concise summary of the proposed plans. Mr. Lisk moved that Council concur in the report of the Cit! Manager and the proposed plans as presented to Council and offered the following Resolution: (~19191) A RESOL~rFION approving the location and d~siga of certain improve- meats to 10th Street, in the Cit~, proposed as State Hlghwn! Project PE-IOI, RW-201, (For full text of Resolution, see Resoluti~3.Hook No. 34, page 293.) Mr. Llsk moved the:adoption or the Resolution. The motion uss seconded by Mr. Perklnson ned adopted by the rollomlng vote: ' - · AYES: 'Messrs. Bosuell; Lisk.~Perklnson, Thomas, Trout. Mheeler and Mayor Mehber-~ ................. 7. MAYS: Nome .......... O. : POLICE DE~ARTRENT-FIRE DEPARTMENT: The City itoh er submitted the follouil report on th~ aLl'us of personnel Jo the Police Department sod the Fire Department for the month of April. 1970: "Roanoke. Virginia May lB. 1970 "Roanoke. Virginia May lB. 1970 Honorable Mayor nad City Council Roanoke, Virginia Gentlemen: After due and proper advertisement, bids mere received by your committee in the Office of the Parche~ng Agent et Il n.m.. on Thursday. Hey 7. 1970; for provision of materials needed ~repair the First Street. S. W** Bridge over the Norfolk and Mestern Bail- may. Consideration nas given to the use of both lumber and steel bridge plank and structural steel to make the necessary repairs to this bridge. Honorable Mayor nnd City Council Roanoke, Virginia Gentlemen: Listed below is the status of the Police and the Fire Depart- ment ns of April 30. 1970: *Fire Dep~rtm~nt There nero no changes in the Fire Department during the month of April 1970. There is ohs vacancy. Police Department '~ Name Hired Re$igeed Dorothy B. Fechter * 4/1/70 (Clerk-Steaorgrapher) Marvin C. Brouu. Sr. 4/20/70 (Police Patrolman) Ending April 30. 1970 (5) vacancies.' Re'spectfully submitted; S! Julian F. Hlrst Julian F. Birst Mr. Wheeler moved that the report be received and filed. The motion seconded by Mr. Trout and unanimously adopted. BRIDGES: The City Manager submitte'd a uritten report transmitting the follomtn9 report o£ a committee recommending that the ion bid of South Roanoke Lumber Company [or furnishing and delivering lumber, nails and roofing material to b* used in replacing the floor of the Henry Street Bridge (First Street Dridge) for the sum of $13.T73.89, be accepted, the City Manager advising that he concurs in the recommendation of the committee: Tke lan bid for furnishing ee~-deliverlng tke~lunber~ tnlloTead roofing material to.be used in this project mai submitted b! the ~ South Roanoke Lumber Compeul, Their bid Mas $13,7T3,69 to provide the lumber ned $509.20 to provide nellu etd roofing leterisi. $20,T00 mas budgeted, With respect to replechg the flooring la the bridge, wiS' steel bridge plank lad strncturel steel members, Armco Steel Corporution*s bid of $&,72S.96 mas tau for pTovlding The steel bridge plank nad end da!, mhile The bid or Roinoke Iron nad Bridge Marks, Itc., in the amount of $16,439.00 mos lam for providing the necesourl structural steel members. This results in u Total bid of S23,161.9& for steel us opposed to $14,203,09 rot lumber. Your eoeuiTTee took Into consideration The feet that IT would be anticipated that e steel floor mould last a number of years longer than a uoodeu deck. However, after considering The differences lo the price of The two different materials, it mould be the comuittee*s recommendation That City Council refloor this bridge mlth lamber end as the low bid of South Roanoke Lumber Company complies with the specifications, it would be The recommendation of your committee that City Council accept South Roanoke Lumber Company's low bid in the amount of $13.773.89 for lumber and $509.20 for nails and roofing material, Further, it would be recommended that City Council reject all other bids. Respectfully submitted, S/ Byron £. Bauer. Byron E. Bauer, Chairman S/ Rex T. Mitchell, Jr. Rex T. Mitchell. Jr. S/ O. B. Thompson B. B, ThOmpson" Mr. Perkiuson moved that Council concur in the recommendation of the ;ity Manager and offered the following emeroenc~ Ordinance: (=19192) AN ORDINANCE accepting the proposal of South Roanoke Lumber Company for furnishing and delivering necessary lumber, nails and roofing material t be used in replacing the floor of the Henry Street Bridge over the Norfolk end #astern Railway Company*s truck'si'authorizing the proper City official t~ issue the requisite purchase order: rejecting'ce~'ta~l other bids mad e to the ~ity: and providing for a~ emergency. (For full text of Ordinance. see Ordinance Book 34, page 294.) 'Mr, Pe~kinson moved the adoption ~f the Ordinance. The motion nas secondel by Mr. Li~k and adopted b{ ~he follOw, vote: AYES: Messrs. Boswell, Link, Perk~sou, Thomas~ Trout,'Wheel~r and Mayor Webber ........................... ?. : NAYS: None .................. O. BUDGET: Council having concurred in a request of the City Man!gar th~ the time for submission of the recommended 1970-71 budget be extended from May 1, 1970. to a tentative date of May 18. IntO. the City Manager submitted a'wri~ten report transmitting copies of ~ e proposed 1970-71 budget to the members of Council. In this connection, the City Manager presented a verbal summary of the proposed budget. Ix n discussion or the 1970-71 budget. Mr. Bosxell expressed the opinion that the mutter of balancing the budget should not be n dJcision rot' the City Hsnager that this procedure puts the City #manger in a p~lic! ~nhiag category nad that the mutter of Increasing or decreasing the budget should be left entirely up to Council. on behalf of'th~ members of Council. Mayor Webber expressed appreolution to the City Manager and h~a ~tnff for the tiaa and effort nbich went into the pre- *nrntioa of the budget. Mr. Trout moved that the budget be received for consideration by Council in budget study sessions sad that the first budget study session be scheduled for Tuesday. Ray 26. 1970. at I p.m..The motion was seconded by Mr. Wheeler and unanimou ly adopted. TRAFFIC: Council having adopted an Ordinance nuthorizicg the City Rsnuger to accept 'nnd execute on behalf of the City of Roanoke fr~m the Norfolk and Western ;Railway C~n~eoy a "Lice,se for £ntry' upon a parcel of land located at the southeast corner of So'th Jefferso~ Street and Third Street. S. £.. for the purpose of wideni~ nnd improving the intersection of said thoroughfares, the City Attorney submitted the following report sdvi$ing that the Norfol~ and Western Railway Company has tendered to the city a formsl deed of easement which will grant the City of Roanoke perpetual rights to the land non lncorpoarated into the street right of uny at that location an. will settle the right nnd title to other land which since the Jefferson Street Bridge over the railroad was built appears to have been outstanding insofar as recorded conveyances a~e concerned: "Roann~e. Virginia The ~onorable Mayor and Hembers Of Roanoke City Cou~il Roanoke, ¥iFgfaia Gentlemen: You mill recall that by Ordinance No. 1~889 adopted September 15. 1969. the Council authorized acceptance from Norfolk and Western Railway Company and executim by the City of n *License for Entry', permitting the City to make certain improvements at the southeast corner of Jefferson Street and 3rd Street, S. E., pending consummation of the City*a acquisition of more formal and permanent rights in the land of ~orfol~ and Western RCllway Company uhich was desired to he incorporated into the street right-of-way at that location. The *License for Entry* referred to in the resolution Was executed and accepted by the City nnd. improveme~ts weremade to the southeast corner of the street intersection which have resulted in s much better and safer means of turning from Jefferson Street lntoSrd Street and vice versa. -Norfolh and Western Railway Company has now tendered to the City a formal Deed of Easement wh~h would grant to the City perpetual rights to the land now phlsicnlly incorporated into the street right-of-way at that location and uhicho also, would settle the City*s right-and title to other land mhich, since the Jefferson Street Bridge ajar the railroad was built, appears to have been outntnndJng insofar as recorded conveyances are concerned. AS tn the agreement 9ranting the City n *License for Entry** the Deed of Easement would contain a provision by mhicb the City would agree to indemnify the railroad company against loss or injury and would provide for termination of the easement rights granted the City at such time hereafter as the land might be abandoned for use as n public street. The Deed of Easement would further require the City to provide adequate drainage of the area and would contain a provision against the taxation of the land in the name Of the railroad company. 267 ~. I have prepared end trnasuit herezith to Council aa ordioeaoe nhich uould authorize the City*s execution or the tendered Deed or Easement and authorize itu subsequent acceptance by the City, It is recouBeaded that the Council adopt the ordinance ua thet the Batter Bay be coepleted betueeo the partfea, Respectfully, $! Jo N, Kiacnaoa J. N. Kiecunon' Mro Perkinson s~ ed that Council concur in the report of the City Attorney and offered the follouizg eBergency Ordinnnce: (u19193) A~ ORDINANCR authorizing the Cltyes acquisition of a perpetual easeeeot in certain land for the igprovement of Jefferson S~reet and 3rd $1reeto S. E., in the City. upon certain terms and conditions: authorlzh9 end providing for the Clty*n execution of said deed, and for its acceptance and recordation: and providing for an emergency. (For full text of Ordinance, see Ordinance Dook NOg 34° page 295.) Mr, Perkinson moved the adoption of the Ordioance. The uotion sas seconded by Mr, Lisk and adopted by the follouing vote: AYES: Messrs. Dosuell, LlSko Perhioson, Thomas, TFout, ~heeler and Mayor Nebber ...................... 7. NAYS: None ............. O. ZONING: Council havino referred to the City Manager for study, report and recomnendatlon a communication frou Mr. Joe H. Mheby, requestin0 that he,be issued a non-conforming permit to rebuild a grocery store at 1601 Rorer Avenue, which was destroyed by fire and having also referred the matter to the City Attorney for preparation of the proper measure authorizing the issuance of the non-conforming permit, the City Attorney submitted the following report outlining the prescribed procedure for Festoration of non-confordng buildings or structures under provis i]~s of the Zoning Ordinance: 'May IG, 1970 The Houornble Mayor and geBbevs of Roanoke City Cnnncil Roaookeo ¥1rginiu Gentlemen: At th~ ueeting of the Council held on May 11,'1970, the Council· considered a comeunlentloo of MF. Joe Do ~heby, uith reference to the restoration of z store building stated to have been destroyed by fire at ziG01 Rorer Avenue, S. U., in an area presently zoned aC-2 General Residential District. I understood Council to direct that I advise on the procedure prescribed by Ordinance for the situation set out in HF. ~heby°s communication, Independent inquires made by the undersigned indicate that on March 15. 1970, the store building located nt ziG01 Rorer Avenue, $. Wa, caroled go the l~70 Land Book of the City at an assessed value of $1,G00.O0, ubs substantially completely destroyed by fire occun*ing durio9 the nightiue hours. Prior to such destruc- tion the building bad been used for purposes· of a retail grocery store under per mit for nonconforming use duly issued by the office of the Building Cnnmissioner under the Zoning Ordinance of the City. Sec. 37, relating to Nonconforming Structures, of Chapter 4.1, of ~ltle ~¥, Of the Code of the City of Roanoke, as the section mas amended by the Council on December 150 A9~9o provides in part ns follous: . ! "269 b, Skonld Inch lLrlctern be damaged by. aa; moans to an;extent 'of morb'thea'$O~ 6f/lt~ replisement VOlt It time of dnmage~ it' Shill'let' be rbcolstricted ex~'ePt la non- f°r'JY with the'Pr°vfaioaa'of'thfl'chapter,eelesl~parauaat to building permit laaabd~ml~hla 6"honthl a'fti~ s~h damage end after approval or the Cit~ ¢onaclt,~6atnleed Ix reaolution or the Council adopted art6r public hearing before the Council Treating Mr. Uhebyfa lettbr-es mlprnpbsnl to the'Cobncll'rnr recon- struction or · aoscoerormin~ ~str~ctdre ~ et the Location Ii qaeltlon nnd na his requeat that the Conncll~ond~ct a phblic hearing on the proposal, the Council mn~,.lr i~ be milling, prescribe u date for such public hearing, published notice o~ ehicb made lo cosformit] ulth the requirementa or Se~, ?I of the Zoning MegnietJeen by the applicant or his attorne~ Ih~uid'precede the public hearing. There- after and uith the approval or the Council expressed in a resolution. a building permit mey. uithin six months from March 15. 1970. be issued for the reconstruction of I store building on the properS] in question provided, of courae, all other normal requirements of City's fluJldieg end other construction codes be met. Respectfully. S/ J. N. Klncanon J. N. Kiucnnon" Mr. Perkinson moved that action on the mutter be deferred pending receipt f a recommendation from the City Manager as to vhether or not the nonconforming permit should be granted. Yhe motion nas seconded b7 Mr. Trout and unanimousl~ adopted.' In this connection, · petition signed b! 29 propert~ owners in the area, objecting to the proposed rebuilding of the grocer~ store., mas clio before Council. Mr. Lisk moved that the petition be referred to the Cit~ Manager for his information in connection with his stud7 of the request of Mr. ~heb~. The motion seconded by Mr. Trout end unnnimousl~ adopted. AUDITS: The Ctt~ Auditor submitted e financial report of the cat7 of ~oanoke for the month of April. 1970. Mr. #heeler moved that the report be received end filed. The motion was seconded by Mr. Trout and ucanimousl~ adopted, REPORTS OF COMMITTEES: AIRPORT: Council having referred to a committee to tabulate bids received constructing an air cargo building at Roanoke Municipal (Noodrum) Airport, the :ommitteo eubmitted the foilowtng report recommending.tkat nil bids be rejected since .he committee feels the proposed structure should be leered at an annual rental of than $4.00 per square foot for e period cf five ~enrs .and Piedmont Aviation. ~ncorporated, has indicated a willingness to lease this facllit! et .an annual rate of more then $2.7S per square foot for n period of ten years: "May lC', 1970 To The Cit~ Council Roanoke. Virginia After proper advertisement, bids were received end publicl~ opened end read nt the regular meeting of the cat! Council at 2:00 p.m. on Monde~, April 20, 1970, for the construction of an air cargo build- ing at Roanoke Municipal Airport. Saree bidc~were~reoeived~ miti the lOB biders the nmoab¢ of being submitted b~Hodges Lumber Corporetlom o~ Bosnobe, Virginia. #hen origfaalZ~oacel~ed, the p~o~ect~c0at' mas entJmcted mt 925,000 for tke'baildlag,'plu~ 95,000'to 910,000 for psremeat, depending ne to be placed adjacent to eau of the ramp areas at the airport. After consideration by the Airport Advisory Committee; the site selected mas Best of end !dJnoent to the quonset hat used by the In order to mate the best ute of the natural topography of the site selected, and to minimize Grading, i loading docs mbs incorporated into the building'design, milch caused e ~onslderable increase ia the ectiunted cost. Wore grading uss required at this site than at the sma (2) sites previously analyzed. This site, being some dlstnnce frcu the rnm~s, required additional pavement for truce loading nnd unloading space nad a roadway to the Three ndditioncl orerhesd doors and roof overhangs on bath sides the building mere added at the request of Piedmont Airlines. A clear spun frame mas incorporated into the design of the uou~h end or the b-a die! to provide for future expansion. The bid specifications required the building to be 40' X 72', (2890 square feet of floor space) math ali exterior surface finishes to be ~ulJy guaranteed for · ten (IC~ year period. The l~u bidder's build- in~ exceeds these requireuents, having submitted a bull(lAg dO' X 77'2" (3086 square feet of floor area) mJth a tunney (~J year paint guarantee. Your committee hal met to consider the bids received and to determine a unshod of financing this construction as the cost exceeds the original amount envisioned. Your committee feels that the (~y should endeavor LOrreconp itu investment within a five year period. To accomplish this it mould be necessary to lease this facility at an annual rate of not less than 94.00 per square foot (based upon 3,0B6 square feet of buJldin~. This amount is Justified based upon construction coats, including interest on those funds to be smortized o~er ~e. five (5) year period plus the interest which uould be occurred based upon the value of the land utilized. For this rental figure the Clty mould prey!de the usual maintenance services provided ut the airport. Airlines numerous times in an effort to negotiate a lease for this facility under these terms. To date Piedmont Airlines has set u limit of 92.75 per square foot us to what they would pay. and they ~xpect the City to amortize their exp~nditures over a ten (10) year period. In light of these discussions, and due to the excesslv~ deluI in recommendation that City Council reject nil bids received for this construction ~proJect and that this project be placed inabelance until APPROVED: S/ Vincent Sy Wheeler ¥lncent $, Wheeler, Chairman APPRO¥~D: SI Byron E. Hamer Byron E. Hamer APPROVED~' S/ Marshall Harrls ' Warshall Harris APPROVED: S~ Sam B~ WcGhee, III Sam H. Mc~hee, III" After a discussion of the question, ~r. Wheeler ~oyed t~at,the matter be referred to the City ~ana9er for the purpose of negotlatin9 au equitable lease arran meat with Piedmnnt Aviation. Incorporated. ~he motion uss seconde~ by Mr. List and unanimously adopted. ,j SALE oF PBOP~TY-STB£ETS ARH ALLEYS: Council' having referred to u cowwitte e~sposed or Xeasrn'. David ~. LISt, Chnirman~ ~ulinn F. Hlrat. Jawes N. Eincnnon and J. Robert Thomas for study, report nnd recommendation n cowlumJ~atfnu from Mr. Tabour H. Reaper. Attorney. representing gonuoke Coca-Cola Bottling #arks. Incorpornted. offering to purchule au alley running generally etak and u,at between Third Street and Fourth Saree1. N. R.. for the mum of SlOg. GO. the committee submitted the follow- ..... 'Roanoke. Virginia Ray lB. 1970 ' Honorable Mayor and City Council Roanoke. Virginia Gentlemen: The City Council on APril 2T. 19TO. received m request from the Ronnoke Coca-Cola Bottling fforkn, Incorporated. represented by Hr. Tultonrd fl. Kemper, Attorney. offering to purchase property r,nerved for tatar, alley to connect to and extend south tram Center Avenue. g. #.. generally beta,em Third end Fourth Streets. By action of the CAy Council on April 27. 19TO. Ordinnnce No. 19140. this reservation which is approximately 15 I,et in midth by 102 feet in length was permanently vacated end closed. The strip o! land was cony,led to the City by the Coca-Cola Oottling Compnny in 1966 to offset the closing of another alley which the Company sought at that tide"fa order to expand their plant along Shenandoah Avenue. In order to complete the acquisition by the Company of this prop,rang it is necessary that the City by deed. convey the prop,rtz to the Company: It is the recommendation of the Committee that the Cit~ Council by ordinance authorize this conveynnce h exchange for payment of $100 · an oaf,red by the Coca-Cola Bottling Works. .. R~sp~ctfull~ s~bmitted. S~ David K. LJsk David K.' List S/ James N. Kincnnon S/ J.'Robert Thomas J. Robert Thomas (absent) S/'Jullnn F. Hirst Julian F. Hirst" Rt. LJsk moved that Council concur in the recommendation of the committee and that the following Ordinance be placed upon its first reading: (z19194) AN ORDINANCE authorizing and providing fortbe sale and conve~anc to Roanoke Coca-Cola Bottling Works. Inc.. of a strip of land c~ntuJnJng approximatel: 1630 square feet. being the land in u certain former alley, non permanently vacated. discontinued and closed, extending ia a southerly direction from Center Avenue. N. to the north line of nn alley which runs 9enerall! east and west bet,een Yhird and Fourth Streets. N. W.. in the City of Roanoke.. Virginia. upon certain ~erms and conditions. WHEREAS. offer of $100.00. cash. bus been made to the City in writing, on behalf of Roanoke Coca-Cola Bottling ~otks. Inc.. to purchase and acquire from the City the land hereinafter described, said land being owned in fee by the City and 275 hiving es times heretofore bee· · public alley, eppreximntely 25 feet mede and 100 feet long extending in a southerly direction frae Center Avenue. N. W., to e· alley nhich runs §euerelly esst end nest beSmeaR Third ·nd Fo·rrb-Streets. N. W.; and WHEREAS, enid.strip of. land, having bee· formerly used ss e public has heretofore bee· permanently vacated, closed and disco·tinned ss · public alley b! Ordl···ce No. 19140, of tho City Council; end WHEREAS, upa· reference of the offer to the City directed to · committee of the Council for etudy ·nd report to the Council, said committee bas reported to the Council in .ritl~ th·t~ the City h·s no further or foreseeable use for ·aid strip of land for public purposes; that the sase constitutes surplus p~opert! of the City and should be disposed or; and thee the offer made to the City ss aforesaid appears fair sad reason·hie, end should be accepted; Jn uhich report nad recommends- tiaa the Council co·curs. TH£REFORHo BE IT ORBA1NEO By the Council of the Ci~ of Roanoke that the offer in writing made to the City on behalf of Roanoke Coco-Cola Hottilng ~orkx. to purchase from the City for the sum of One Hundred Dollars ($100.00} cash. that :attain strip of land approximately 25 feet bide and 100 feet long, and extending in a southerly direction from Center Avenue. N. #., to the nor'th line of an alley mhich runs generally east and sent betueon Third and Foarth,Streets~ N. N.. and described as follows, viz: HEGINNI~G at · point on the south side of' Center Avenue, N. #., S. 69706'31' E. 292.6?' feet from the southeast corner of Center Avenue. N. W., and Fourth Street. No W.; thence mith the south side of Center Avenue, N. W.; S. 69°06'31" E. 29.23 feet to · point; thence seth the.westerly ~ine of the remaining property of Willing H. Boswell S. 17049, W° 102.74 feet to a point on tho north side ~an alley; thence with the same ~. 32° 02'30' ~. 27.61 feet to u point; thence contlnuJo9 seth the northerly side of the alley N. 74~ 15t #. 1.65 feet to a point; thenc~ with neu lines and uith · carved line to the left. shone radius ie 15.0 feet and nh~e tangent length is 14.46 feet and abase chord is N. 61~47~ E. 20.82 feet, the arc length of 23.01 feet to · point of tangent~ thence with the westerl~ side of a new IS-foot width alley N. 17~ 49' E. 74.33 feet to u point of curve; thence with · curved line to the left. shone radius is IS.O feet and abase tangent length is 14.21 feet sad whose chcrd is N. 25° .38'4S' ~. 20.63 feet. the nrc length of 22.75 feet to the place of BEGInNINg. eontoJoJng 1630 square feet or O.037acre more or less. and being the same pro- perry conveyed to the City by deed of record in Deed Hook 1197, page 4SS. in the Clerk's Office of the Hustings Court of the City of Roanoke. be and said offer is h~reby ACCEPTED. provided, however, that said sale and the conveyance herein authorized to be made be consummated within sixty (60) dals from the passage of this ordinance on its second rending and after ~he same shall have become effective; and the Ma~or and the City' Clerk be. and they are hereby authorize~ and directed, upo· payment to the City of the cash sum of One Hundred Oollars ($100.~ and upon approval by the City Attorney of the form of the City*s deed of conveyance thereafter cause to be delivered to the attorney for the ulthin named purchaser the City's deed of conveyance, conveyin9 the title to the above described land to said purchaser, said deed to be prepared by said purchaser's attorney and to contain the Cityts 9eneral sarraaty of title to the property herein authorized to be conveyed, 273 to reserve to the Clt! the right to continue to operate nad ·nJntale ~xisting public water lines, seuer ~lae~, ~elns, or other public utilities, If say, heretofore lnstn ed in seid for·er alley may. The ·otion'u~? secoaded.~y ~r~ Thc·Ss csd adopted by the foilo·lug vote: AYES: Messrs. Limb, Perhiason, Tho·ss,'Trout, Wheeler nnd Mayor Webber ....................... HAYS: Nose ........O, (Mr. OHs·eli not voting.) IArrECRATIOH-SEGREGATI~H:. The Co·easily Relations Couulttee.subultted the rationing report trsas·ltfing · report of the Ssb-Comuittee OB Porks and BecreatJon: "Nay 18, 1970 TO: Mayor and Members of Ronnoke City Council Plense find ettoched hereto the Ce·munfty Relations Sub- Committee Report dealing mitb~e ·utter of parks nad recreation for the CSt! of Roanoke. The committee has surveyed some 25 parks in the Ronnote City area in an effort to ·she a comparative analysis ss to the balance of recreational needs between the white comunnity smd the bln~k comuuuity. I believe the recommendations as to the specific parks enuuernted in the repbrt are specific and self-explanatory. *Recommendations and Surveys Observation Some twenty-five (25) parka were surveyed In the Roanoke Area, These parks are operating under the superivsion and maintenance of the Department of Recreotibn of Roanoke, Purpose The purpose Is to make a comparative analysis of parks in'Roaoke as they relate to serving the white community sad parks serving the black commnnity~ Committee The committee eonsistt 5f Robert Co Churchill, David Lee ~ollins and Charles A, Davis, Chairman, After completion of the parks and recreation survey we found that most parks are in n~ed'of equipment and repairs ia varying degrees, However, we found that some parks are far better equipped.and maintained than others. In these cases we recommend a delay la additJ~s and repairs where it is feasible and economically wise. lo doing So we recommend that necessary funds be transferred to bring parks up to date and to add the necessary facilites to accommodate the residents of any given area where need is greater, namely: Washington, ~ureha, Melrose, 5taunton Avenue, Hurt P~rko South Roanoke, Hollins and Highland Parks, It is father recommended that parks in the black community be given priority due.tn inade- quacies now existing through over--sight and neglect for a period of years. We do not advocate the cutting off of funds earmarked for white areas for sole pcrpose of the' black'co~munity, but after careful study we feel that the needs are greater and parks are inadequate in the black community, Finally, ·e recommend that n time table be set-up in order to bring all parks up to standard to serve all of our citizens whether in white or black communities. ~q~ommendatlons NE RECOMMEND THA~- Mashinoton~ Park 1, baseball diamonds be constructed on ~orth side of creek with backstop and lights for night use, 2, shelter be built to replace deteriorated shelter on top of hill, Also present shed and toilet facilities be put in proper repair; and move entrance to toilets to rear of shelter, 3, permanent lights be put in various areas of the park to lu·inate park area in general, 4. bnshe~ aid oooenled i&rubberlea (el oori& hill) be removed or thllled out (this II i'snfety*fac~), 5. the mia-hole that rises~frol I - 3'feet above ground be trelted to avoid a play hazard to youe~er children, 6. measures be taken to nuke s~fmming pools adequateh both size and sanitary; and dressing facilities according to hauber of ?. trees be checked and trimmed where necessary to prevent possible falling of~ad sections or limbs. NOTE: ~1 and sThve already begun. 1. baseball dlomon'd needs to be constructed sn~ lighted mith backstop· 2. bosketbIll coort be lighted, 3. action be taken to nuke eoimniog pools adequate in size to accommodate colnunity including bath house facilities. Check graduation of sodden drop in depth or Inter from 4' to 8" in approximately Ia* of pool space. 4. trees be checked and trimmed mhere dead branches are hanging in trees. Cut doan dead or nearly dea¢ leaves. S. toke,action to eliminate broken glass from ploy area and secure trash receptacles in convenient areas. b. secure mesa end of blockade to prevent cars from entering the park (traffic hazard). Staunton Avenue Park 1. construct baseball diamond for use this summer with backstop and lights if any possible. 3. uore playground equfpuent for children, 4. trash receptacles in convenient areas. South Roanoke Park 1. construct lighted basketball court. Hiohland Park 1. replace burned out toilet and shelter facilities. Woodron Wilson Park 1. erect ~ights on baseball diamond. Hurt Park 1; construct and light baseball diamond, 2. construct and light basketball court. 3. construct adequate toilet and shelter facilities. 4. install playground equipment for small children,' 5. brh9 swimming pools up to city and state standards. Hollifl$ Park 1. do a study as to use that this park gets from residents to determine improvements to be done. This is by far the most run=down in the city. Comments Suggest that a code of minimum standards be set-up for all parks a playgrounds in the city, Also suggest each park be brought up to standards as funds and man-pomer are available. Also, that all necessary repairs be kept up to avoid a ~eater outlay of capital in the future,* 275 It is the hope of the Community Relations Connittee that this Sub-Connit~ee report can be referred to the City Homager for revieu and recoonendetion end returned to Cooecil la tame'for the requested improvements to be put into effect prior to the start of sunnet recreational operotions in the subject parks e'ud playgrounds. Respectfully submitted, $! Hampton W. Thomas Hampton W. Thomas, Chairman Community Relations Committee= Mr. Thomas moved that the reports be referred to the City Manager for study, reportund recommendation to Council. The motion mas seconded by Mr. Rheeler and unanimously adopted. UNFINISHEO BUSINESS: ~O~E. CONSIDERATION OF CLAIMS: NONE. iNTRODUCTIOH AND CONSiDERATiON OF ORDXHANCES AND RESOLUTIONS: CiTY AUDITOR: Conncil having directed the City Attorney tO prepare the proper measure extending to Mr. J, Robert Thomas the sincere mishes of the Rayor end members of the Council of the City ~f Roanoke for an early and full recovery and expressing their pleasure in anticipating bls prompt return and resumption of full activities us Clty Auditor. be presented same; whereupon. Mr. Nheeler offered ~e roi loning Resol ut Jm: (~19195} A RESOLUTION relatin9 to mr. J. Robert Thomas, City Auditor, (For full text of Resolution. see Resolution Book No. 34. page 297. ) RFo Rheeler moved the adoption of the Resolutim. The motion mum seconded by Mr. Trout and adopted by the followin9 vote: AYES: Messrs. Boswell. Link, Perkinson. Thomas, Trout, Wheeler and Mayor Webber .................... 7. NAYS: None ........... O, MUNICIPAL COURT: Council having directed the CitI Attorney to prepare the pro~ er measure appointing a Substitute Judge of the Municipal Court, he presented Same; uhereupoo. Mr. Thomas moved that the following Ordinance be placed upon its firot reading: (~19196) AN ORDINANCE appointing a Substitute Judge of the Municipal Cour~ BE IT ORDAINED by the Council of the City of Roanoke that, as provided by The Roanoke Charter of 1952. us amended, and by general law, Harris S. Birchfieid be. and is hereby appointed a Substitue Judge of the Municipal Court of the City of Roanoke for o term commencing with the effective date of this ordinance and to expire on September 30. 1973. to act as provided in Subsection (b} of Sec. 3. Chapter 2, Title XI of the Code of the City of Roanoke, 1956. as amended, and to be compensated as provided in Subsection(b} of Sec. 2, of the Chapter, Title nad Code, aforesaid. The motion mas seconded by Mr. Trout and adopted by the foliomin9 vote: AYES: Messrs. Boswell, Link, Perkinson, Thomas. Trout, Mheeler and Rayor Webber .................... 7. NAYS: None ........... O. MOTIONS AND MISCELL&hEOU$ BUSINESS: ~LAM~IONS: Mr, Lllk advised that Channel 15, MBR~-~y till hold itl nnunl [and-rainI~ teleslsed mention and moved that M~yor Mebber be requested to facials the ueeh o! May 25, 1970, as Channel 15 Meek in thq. Clt! of Roanoke. The align uss seconded by Mr. Perklnson and unanimously'adopted. Mayor Mebber tbea proclaimed the meek of May 25, 1970, as Channel 15 Week and urged all citizens td Iaaa him in observJn~ Chn~ael IS Meek by resolving to support th~ c6mmunlty'edncntfonsl television Station by availing themselves of its offerings and through financial support. There being no luther business, Mayor-Rebber declared the seating adJonrne APPROVED ATTE~: ........ Mayor ~ The Council of the City of Roanoke met in regular meeting iu the Council Chamber in the Municipal Building, Monday, May 25, 1970, at 2 p.mo, the regular meeting hour, with Mayor Mebber presiding° PRESENT: Councilmen John M. Bosmell. David E. Lisk, Frank N. Perkinsont Jr** Hampton M. Thomas, James O. Troat, Vincent So Nheeler and Mayor Roy L. Mebber--* ABSENT: None OFFICERS PRESENT; Mr. Julian F. Bits*, City Man, agar, Mr. Byron E. Bauer, Assistant City Manager, Mr. James N. Kine,anon, City Attorney, and Mr. A. N. Gibson, Assistant City Auditor. INVOCATION: The meetlu~ mas opened mlth a prayer by the Reverend Bernie L Calamay. Pastor, Mldl'a~d Baptist ~hareh. MINUTES; Copies of the minutes of the regular meetings held on Monday, ,May 4, 19TO and Monday. May 11, 19TO, having been f,urnis,hed each member oT Council, on motion of Mr. Thomas, Seconded by Mr. Perkinsou and unanimously adopted, the readil thereof mas dispensed uith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING; Council, b.aving set ~ public hear:lng for 2 p.m., Monday, May 25, 1970, on the request of ,Mr. Arthur B* Crus,h, Jr°, that Subsection ?, Studios, be add* to Section 8 of the Zoning Ordinance relating to Special Exceptions After Public Notice and Hearing by the Board of Zoning Appeals, the matter was before the body. In this. connection, the City Planning Commission submitted the folluuing rq~rt recommending that the request be granted, provided that such s,tudio$ have no detrimental electro-magnetic elf,act upon neighboring property omners and be s.ound- proofed: "April 16. 1970 , . The Honorable Roy L. Me.bber, Mayor and Mum'bars~ of City Couucil Roanoke, Virginia Gentlemen: ~he above cited request ~as considered by the Planning Conml~ssion at its regular meetings of April I and April 15, 1970. At these meetings Mr. Arthur D. Crush, Jr., Attorney, requested that Sec**Ion ~ of the Zoning Ordinance relating to So.al Excentlons After Public Notice and Renrinos by the Board of Zonino Anneals be amended by the addition of a nam section; Subsection ?, entitled Recording Studios. Mr° Crush appeared before the Planning Co~nission and in bis presentation stated the following: (a) ?hat he *mas a building located'in the 400 bloc~ of Elm Avenue, S° N** In mhtch he contemplates con- structing a commercial recording studio on the second floor, and a relate~d~office on ~he first floor. (b)That. there mill ~e ade~quate space for four (4) musicians , and a maximum number of IH to 20 people. (c) There is a real need in the area for a recording studio. 277,'. (d) .That adequate parking faoilitles alii be provided. Hr. Itermelstela. the Planning Director et the Aprll~lSt 1970 City Planning Commission meeting recommended that See,fun 8 of tan Zoning Ordinance relating to Scecial Exceptions After Public Nu~i~e end Hearino by the Board of Zoniea Aucenls be amended by the addition of a sew subsection ? to read as follows: (?)''R~cordlng'Studl~s p~ovl'ded thnt'such studios (a) mould have no detrimental electro-magnetic effect upon men- boring property caners and (b) mould be soundproofed. 'The Cit~ Planning Commission was of the opinion that this provision reh ting to Recording Studios would be in ~eeping mith .. the geuernl character cf the C-l, Office and Institutional District classification. Accordingly. motion mas made. duly seconded and unanimously approved recommending to City Council that this petition fur au additional Subsection, numbered 7, be approved with .accompanying controls as recommended by the Planning Director. Sincerely, S! John H. Parrott/L.#. John S. Parrot, Mr. Arthur B. Crush, Jr., appeared before Council in support of his request, ~o one appearing in opposition to the request, Mr. Perkinson moved that the ~ollowfn9 Ordinance he placed upon its first read~/: (nlglgY) AN ORDINANCE amending and reordalning a subsection of Sec. B. C-I Office and Institutional District, Article IV, Chapter 4.1, of Title XF, relating to Zoning, of the Code of the City of Roanoke. 1956, as amended, which subsection pro- vides certain district zoning regulations and authorizes certain special exceptions after public notice and hearing by the Board of Zoning Appeals mith respect to the use of properties located in C-I Office and Institutional Districts. ~HEREA~. thc City Planning Commlssiont on a proposal referred to it by the Council, and after due consideration of thc proposal, has recommended to the Council the amendment of the district zoning regulations applicable to C-I, Office and Institutionnl Districts hereinafter set out and provided; and, WHEREAS. pursuant to thc provisions of. Sec. ?O and Sec. ?1, Chapter 4.1. of Title XV of the Code of the City of Roan*ken 1956. as amended, and after due publica- tion of written notice in a newspaper having general circulat ion :in the City more the fifteen days prior to the holding of a public hearing On the question, u public bearilg held before, the Council on the 25th day of May, lgYOf in accordance mith said notice, un the recommendations Of the Planning Commission as aforesaid, at which public bearing all p~rsofls la interest and citizens mere afforded an opportunity to be heard on the question; and, NHRR£A5, upon the Council's due consideration of the recommendations of said Planning Commission, the Council is of opinion that' the subsection of Sec. 8. C-1 Office and Institutional Districts, Article IV, Chapter 4.1, of Title XV, rel'ating to Zoning, of the Code of the City of Roanoke, 1956, as a~ended, which subsection author certain special exceptions after public notice and hearing by the Board of Zoning Appeals ~ith respect to the use of properties located in C~I Office and Institutional Districts, should be ~mended as recommended by said Planning Commission and as herei after provided. ~HEREFOR~,~ BE IT ORDAINED by the Court*Il of the City of gpoaohe that the subsection of Sec. B, ~-1 Office and In,ti*uti*riel Districts, Article IV~ Chapter 4.1 of Title X¥e,relotipg to Zoning, of the Code of the City of Roanoke, 1956, as emended setting out end providing the special exceptions a~thorized to be permitted,by the Board of ZoaJeg Appeals In C-I Office ned Iostltutionel,Oistricta, on upplfcotioa and after public notice and hearing, be, end said subsection is hereby amended end reordulned to authorize the following enumerated special vxceptions, said subsection to reed end provide aa follows: Sceelal exceutions after oublic notice aqd h~griqq by th~ Bgard of Zonina Aonealal 1. Utilities, substations, as for R~ distri~ts. 2. High-rise apartments, subject to section 24 of this ~hapter. 3. Town houses, subject to the requirements of sectio~ 26 of thl~ chapter. 4. Flnancta~ lust'*uti*ns, Including banks. 5. Commercial or private parking l~ts, provided the following criteria are met or established: a. Site plan approral.b~ the City Engineer as ~qulred in section 31 of this chapter. b, Appropriate screening as required to serve as a buffer between parking and other uses, particularly- residential uses. c. All parking areas shall have a paved s~rface and be main- tained with a~paved surface. d. Hhen lighting is requirede such lighting for parking areas shall be provided with suitable shin)ding as set forth in a lighting plan by the applicant for a special exception. e.A demand for C-I parking needs shall be shown by the applicant for a special exception.. Any private parking lot located within a reasonable distance of a peraitted C-I Office and Institutional use may provide the parking required by such C-1 use. 6. Restaurants, provided that such. use: a. Is in conjunction with au office or profe~io~al building, b. Does not occupy more than 10~ of the total f~oor area of the structure. c. Is clearly incidental to the primary function of the structur~ and is oriented to trade generated as a dire~t result of the primary use of the building. d. ~S not a drive-in restaurant, e. Has no external ~dverttsement in excess of fifteen (15) square _ feet, flush with t~e building and n~n-illuminated. 7. Recarding studios, provided that such studios and appurtenant equipment: a. Have no elect~o-magnetic effect outside any such studio; and b. Be sound-proofed as to all other properties or areas. The motion was seconded ~y Mr. Thomas and adopted by the following vote: AYES: Messrs. Boswell, Linkt Perkins*n, Thomas, Trout, ~heeler and Mayor Mebber .......................... HAYS: H~ne ..................O, ~279 ZONING~ Counoil hovieg set a public hearing for 2 p.m,e'Hondny, #ny 250 tgTO, on the reqaest of,Hr. Julius Goldstein, Trustee roy Hrn. goldie Goldst~iao that property located between Chapmen Avenue amd Campbell Avenue, S. W.t,desnribed as Lot 1. Rlock O. Flshburn Place, OfficJol Tax Ho. 1112901, be renoned from RG-2, General Residential Dlntrictt to C-2t General Commercial district, the matter was before the body. le this connection, the City Planning Commission submitted the following report recommending that the request be denied: WApril 17, 1970 The Uoaorable Roy L. Webber, Mayor and Members Of City Council Roanoke, Virginia Gentlemen; The above cited request was considered by tie Planning Commission at its regular meeting of April 15, 1970. At this meeting, Hr. Ralph Hnsinter, Attorney, for the petitioner stated the history of this petition. (1) On August 1956, the owners went to the Board of Zonin9 Appeals and received permission to add service bays to an existing service station. (2) On Norember 19591 they again went to the Board of Zoning Ap~ls and received permission to raze the old service station and erect a new one. (3) In 1965, the service station closed out (~ump was moved) and the owners engaged in the selling of auto- mobile tires on this site. lhey, however, failed to obtain a non-conforming permit as required by the new zoning ordinance. They did apply at a later date; it was, however, too late and therqquest was denied. (4) Subsequently the lessee went to the Zoning Board of Appeals on March 1970 requesting a non-confirming permit for-t~e[coitlF~ed;use of this property for a muffler repair shop., Zhe request was denied; the Zoning Board had un authority to grant this permit. (5) The lessee then sent to the City Council' to request a non-conforming permit; it was denied by the City Council since the time period for the filing of nun-conforming permits had expired. '. Mr. Masinter noted that the site in question was not suitable for residential purposes and should be rezoned for a C-2 designation. In addition, he noted that the petitioned dte was contiguous with a C-I designation; thus, although the petitioned, land area was under the acre zoning requirement it wes contiguous with an existing commercial zoning designation and consequently could .be rezoned for a, commercial designation. The City Planning Commission concurred with Mr. Maslnter that the site was not suitable for residential purposes and that it did abut on existing commercial zone. , Accordingly, motion was made, duly seconded and unanimously approved to recommend to City Council that this request be denied, and that the City Council autlx~ize the Zoning Administration to issue a non-confnrming permit for the continued use of this property. Sincerely, S! John H. Parrott/L.M. John H. Parrott Chairman~ 28:1. : : : lath reference to the nat*er, the City Manager submitted u mritten report J~o connection with the request' for zezoalng, advising ,that he does not feel the ounern or lessee harp met an obligation to the neighborhood and under the ~nten~ of the Zoning Ordinance have forfeited the right to on-again, off-again type of use; als itbnt he dona not feel the triangle can be considered contiguous to existing coma*rolm zoning. Mr. Trout moved that their,port bo received and filed. The motion was seconded by Mr. Sosmell and unanimously adopted. Hr. Ralph aaslnter, Attorney, representing the petitionere appeared before Council' in support of the request of his client. R* one appearing in opposition to the request for fez*hinge.Wt. Trout moved that the following Ordinance be placed upon its first reading: (#19198) AN ORDINANCE to amend Title iV, Chapter 4,1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No, ill, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. MRER£AS, application has been made to the Council of the City of Roanoke to have that property located between Chapman Avenue and CampbellAvenue, S. Mo, described as Lot l, RI*ch O, FJshbnr~ Placet Of~fclal Tax Ho. 1112901t rezoned from RG-2, General Residential Diatrict,.to C-2, General Commercial District; and MHERRAS, the City Planning Commission has recommended that the hereinafter described land not be fez*ned from RC~-2, General Residential District, to C-2, Cencra Commercial District; and WHEREAS, the written notice and the posted sign required to be published posted, respectively, by Section 71, Chapter 4.1~ Title XV, of The Code of the City of Roanoke, 1955, as amended relating to Zoning, have.beon published and posted as required and for the time provided by said section; and WHEREAS, .the,hearing as provided for in said notice was held on the 25th day of May, 1970, at 2 p.e** before the Council of the City cf 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 Councils after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be fez*ned. THEREFORE, HE IT ORDAINED by the Council cf the City of Roanoke that Title Chapter 4.1, Section 2, of The Code of The City of Roanoke, 1956, as amended, relatin to Zonings and Sheet No. III of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located between Chapman Avenue mud Campbell Avenue, S.. W., deacrih. Lot 1, Block O, Fishburn Place, designated off Sheet Ill of the Sectional 1966 Zon Map, City of Roanoke, as Official Tax No. 11129010 be, and is hereby, changed from RG-2, General Residential District, to C-~, General Commercial District, and that S~eet ~o. III of the aforesaid map be changed In this respect. The motion was se~oeded by Mr, Thomas ~nod adopted by the folbwlng vote: AYES: Messrs. Boswell, Perklnson, Thomas, Trout, Mbeeler and.aa~r febber ...................................... 6, NA~S~ Mr. Lisk-~ ..................1. STREETS AND ALLEVS-HOBSIRG-SLUN CLEARANCE-PLANNING: My,0 Ernestine Hachle appeared bar)re Council end presented a petition signed by seven property ewner~ in the first block of McDomell Avenue, N. Net requesting that the street be paved and that abandoaed homes in the block be .razed. Mr, Thqmns moved that the requests be referre~ to the City #meager study, report and recommendation to ~ouncil as soon as possible, The motion was seconded by .Mr, .Trout and unnafmously adopted. INDUSTBI~S~ ars. Zanan K. Mcaanamay appeared before Council and read a prepared ~tatement r~questing tha~ an Industrial Center Promoting Committee be established to contact, Invite and enooorage lndu&tr ~ s ,and manufacturers to the Roanoke Valley. Mr. Llsk pointed out that the City of Roanoke has an Industrial Development Authucity M~ose main objectives is to encourage new business into the valley. Mr. ~erklosou.moved that the statement be received and iliad. ~he m orlon was seconded by Mr. Lisk and unanimously ~dopted., BUDGET-PARKS AND PLA¥CROUNI~: Mr. Louis R. Shomalter, Chairman of the Transportation,Museum Committee of the Roanoke Valley Chamber o~ Commerce. appeared before Council and presented a prepared statement transmitting recommendations with regard to the operation of the Roanoke Transportation Museum and rqcommended that the admission at the Roanqke TvanspQrlation Museum be increased.from ten ceot~ to twenty-five cents per person and tha! admission for the train rides ,be increased from ten cents to fifteen cents. Aitera discussion of the proposed recommendations. Mr. ,Trout moved that matter be refqrred to 1970-71 budget study aad that the p~oposed rate Increases bq referred to the City Maoagerand the Roanoke Transportation Museum Committee for study, report and recommendation to Council. The motion was seconded by Mr. Lisk aqd unanimously adopted. POLICE BEPARTREITI: Council having referred a communication from the Tomers Shopping Center Merchants Associatlont Incorporated, requesting that whatever steps are necqssary be taken to.provide adequate police coverage to,businesses Shopping Center to the C~ty Manager with the request that he.take appropriate action Mr. Benton O. Dillard, Attorney, re~resenting the Towers Shopping Center Merchants, Associa~ont, Iqcorporated. appeared before Council requesting that better police protection be provided for merchants in the Towers ~hopplog Center .since there have been many major ,breaklns durtnH th% last twq months. In t~is connection, Mr. George Lo~d, Manager of J. C. Penneyts Department Store, Mr. ~arren T. Bqndrick, Manager of Buileyts Cafeteria, Mr. Horace Hood, IIX, 283' Assistant Vice-President of The Times-World Corporation and Mr, W, No)on Teague, Executive Secretary and Promotional Director of the Towers Shopping Center Merchnnts Association, Incorporated, appeared before CoUncil.in support or the request er the Tome~s Shopping Center Merchants Association, Incorporated, and asked that Council request the City Manager nod the Superfntee'deet of Police to review police coverage et the Center .... In this connection, a communication from Mr, Arthur. C. Early, Jr., Presides of the Towers Shopping Center Merchants Association, Incorporated, endorsing the re- quest that better police.protection be provided at the Towers Shopping Center end questing that Council look with favor upon their.request and instruct the City Manege and the Superintendent of Police to review the present police coverage at the Shoppln Center uith a view of providing more thorough coverage, mas before the body. After a lengthy discussion of the request, Mr, Perhinson moved that the matter be referred to the City Manager for study, report and recomcendation to Council. The motion was seconded by Mr, Trout and unanimously adopted, POLICE DEPARTME~: Mr. G, L. Cummings, owner of the Planters Peanut Store located at 313 South Jefferson Street, appeared before Council in connection with employees in his store being terrorized and harassed by youths during the evening hours while his store is open for business, Mr. Cummings pointing out that there is a lack.of respect for lam and order in the domntown, area,~f Roanoke and that there should be some long l-~mge manner of haodli~this situation. In a discussion of the matter, Mr. Cummings called to the attention of Council an incident which happened at this place of business last week and which iprompted his coming before Council at this time, ~ointing out that a group ol youths Icom* into his store and used profane language to the clerks in charge, stole various items of merchandise and left the store; later that same night the youths were apprehended by police officers and brought back to his business establishment for identification purposes; the ladies in charge identified one of, the youths in questfc and the police officers left; still later that same night a group of Negro girls into the store making threatening remarks to the saleslady who identified this particular youth, as a result, the saleslady turned in her resignation, Mr. Cummings pointing put that this is not the first time something such as this has h~ppened. In a discussion of the matter, the City Manager pointed out,that the problem is eot a lack of respect for law and order but is a lack of fear of police officers, that he has met with members of the Roanoke Merchants Association on several.occasions with regard to the matter and that he can see no long r m ge soluti~ to the problem. After a rather lengthy discussion of the complaint, Mr. Trout moved that the matter be:~ferred to the City Mannger for Suggestions as to how to handle the situation. The motion was seconded by Mr. Boswell and unanimously adopted. Mr, Boswell-then moved that the City Yunsger be directed to report btck to Council uithin tun weeks whether or not the youth referred to bi Mr. Cunnings had been apprehended as,of #uy 25t 1970, and if so whet action Was taken. The anti* mas seconded by Mr. Link and unaniaousl! adopted. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: An application from Mr. Jack V. Place, Attorney, re- presenting Tempo Hones, Incorporated, requesting that three alleys extending from the easterly side ~f Morrill Avenue, S, E., to the westerly side of 6 1/2 Street and extending from the easterly side of 6 1/2 Street, S, E,, to the westerly side of an alley which parallels 7th Street, he racated, discontinued and closed, and mis* requesting that 6 1/2 Street, S, E.t be increased in midth from forty feet **fifty feet and,be relocated in part,to change the presently existing 90o angle turn to one of approximately 4go 51', mas before Council. ' Mr. Trout offered the following Resolution providing for the appointment of viewers in.connection with the application for closing the alleys: . (m19199) A RESOLUTION providing for the appointment of five viewers in connection mith the application of Tempo Homes, Inc. to permanently vacate three (3) alleys and to alter 6 1/2 Street, S. E., all appearing on the Map of Christian Heights, of record in the Office of the City Engineer under File u2391, and on Official Appraisal Sheet No, 414, and hereinafter more particularly described. (For full text of Resolution, see Resolution Book No. 34, page 301 . ) Mr. Trout moved the adoption of thc Hesolution. The motion mas seconded by Mr. Link and adopted by the following vote: AVES: Messrs. Link, Perkins*n, Trout, nh*cleF and Mayor Webber ........ 5, NAVS; Mr. Boswell ..................................................... (Mr, Thomas not voting) Rt. Lisk then moved that the ratter be referred to the Clty Planning Commission for study, report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. SCHOOLS-TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY: A communication from Total Action Against Poverty in Roanoke Valley, requesting that Council appoint a representative to the TAP Hoard of Directors for the fiscal year 1970-71, was before Council. Mr, Perkinson moved that the City Attorney be directed to prepare the proper measure appointing Mr. Byron E. Hamert Assistant City Manager, to the Hoard of Directors of TotalAction Against Poverty. The motion was seconded by Mr. Thomas and adoptedt Mr. Hosmell voting no. APPOINTMENTS: Council having requested Mayor Webber to appoint a member of Council to serve on the Board of Directors of the SoanokeGnidance Center, a ccmmunJca$1on from the Roanoke Guidance Center reiterating its request that a member '285 Mr. Boswell moved that the request be denied. The motion was seconded by Mr, #heeler and adopted, Messrs. Thomas, Trout and Mayor Mebber voting no. BDD~ET-TA~SoA~DITOI~I]d-coLIsEB#: A communication from Mrs; Particle A, Harrls eomplaieingabout the proposed tmenty per cent contlduisg utility tax, mas before Couscfl. Mr. Lisk moved .that the matter be referred to 1~?0-?1 budget study. The motion wes seconded by Mc, Boswell and unanimously adopted~ REPORTS OF OFFICERS: BUDGET-BUILDING INSPECTOR~EL~CTBICAL,INSPECTOR: The City Manoger submitte¢ a written report recommending that ~lSO. O0 be transferred from Meter Fuel and Lubrl- can~ to Travel Expense and $3oT1 from Motor.Fuel and Lubricants to Issurance in the 196~-?0 budget of the Department of Buildings. to provide funds for the Electrical Inspector to attend a State Electrical Inspectors Conference and to cover an overrun in the insurance account of said department. Mr, Link moved that Council concur in the recommendations of the City Manager and offered the following emergency Ordinance; (~19200) AN ORDINANCE to amend and reordaic Section ~dO, "Department Of Buildings," of the 1969-70 Appropriation Ordinance, and providing for.aa emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 303.) Mr. Link moved the adoption of the Ordinance. The motion was seconded by Mr. Pevkinson and adopted by the following vote: AYES: Messrs. Link, Perkinson, Thomas, Trout, Nheeler and Mayor ~ebber ............. w* ...................... NAYS: Mr. Boswell .................1. BUDGET-PERSONNEL DEPARTMENT: ~he City Manager submitted a written report recommending that $450. U0 be appropriated to Education in the 196~-?0 budget of the Personnel Department. Mr. Lls~ moved that Council concur in.the recommendation of the City Mama and offered the following emergency Ordinance: (z19201) AN ORDINANCE to amend and reordaln Section ~14, "Personnel,~ of the 19~9-?O Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, pageSOS .) Mr. Link moved the adoption of the Ordinance. The motion was seconded by Mr. Pe?kinsoa an{ adopted by the roi]ming vote: AYES: Messrs. Limb, Perkinson, Thomas, Trout, Wheeler and Mayor Webber-~- ........................ NAYS: Mr. Bosme!l ...... DDDGET-JUVENILE AND DOMESTIC RELATIONS CO~RT: The City Macager submitted a written report recommending that $150. O0 be transferred from Fees for Professional and Special Services to Printing and Office Supplies in the 1~69-?O budget of the Juvenile and Domestic Relations Court, to provide funds for freight on computer materials and to enable the ordering of final form paper which is continuous stock sheet for computerization. #r. Iheeler moved the* Council concur lo the recowmendetion of,the City Menager and offered the following emergency Ordineecm: (#19202) AN ORDINANCE to amend nnd reordaln Section zig, "Juvenile ned Domestic Relations Court,u of the 1969-?OAppropriation Ordinance, and providing · (For full text of Ordieance, see Ordinance Hook No. 34, page 304.) by #r. Trout and adopted by the following rote: NAYS: Hayor ~ebber ...............~ ..................................... l, BUOGET-LA~ AND CHANCERY COHRT: The City Manager submitted the following report recommending that $3,000.00 be appropriated to Fees for Professional and Special Services in the 1969-70 budget of the Law and Chancery Court, to provMe (u19203) AN ORDINANCE to amend and reordaJn Section niH, "Law and Chancery Courts" of the 1969=?0 Appropriation Ordinances and providing for,an emer- (For fulltext, SfOrdinhnces see Ordinance'Hook No. 34, page $04.) by Mr. Trout and adopted by the following vote: ~AYS: ~one ............ O. that $~000.00 be appropriated to Fees for Professional and Special Services in the 1969-70 budget of the Huntings Courts to provide funds for the remainder of the Manager and offered the following emergency Ordinance: .(m19204) ,AN ORDXNANCE to amend and reordain Section ~16, "Hustings Courts" (For foil text of Ordinances see Ordinance Hook No. 34, page by Mr. Perkinson and adopted by the folloming vote: Mayor Webber ...............~---?. lng · ZONING-TRAFFICs Council baying received and filed a communic'~tion from the City Manager uritteo to ~esidenta in the 1900 block of Grandfa load, $. ¥., objecting to the building of a parking lot on'Grandin Road, S. M., advising that he would meet mith them on Tuesday, May 19o 1970, at 2 p.m., to explain the Zoning Ordinance con- cernlng'allowances it makes for parking facilities, the City Manager submitted the following report advising that he has met mith the Interested parties, that the matter mas discussed ia detail and that it wan decided that the charch plan to continue with their proposal, that after t~mal construction plans have been drama the church mill contact and go over the plans mith each of the petitioners, that It is not reit necessary or appropriate that the City take,any action in regard to this matter other than to assure conformance with the Zoning Ordinance and recommending that the matter be received and filed with the records,of Council: #Roan*ken Virginia May 25, 19YO Honorable Mayor and City Council Roanoke, Virginia Gentlemen: This is in further regard to my informational report to you on the Agenda of May IH, 1970. As background regina, the City Council on Becember 13, 1969, received a petition from a number of persons residing in the area, which stated that those signing thereby object to the Lutheran Church erecting a parking lot in said block adjoining their church lot on tree lots pur- chased by them facing Graadln Road** Since the petition, mhlch City Council referred to me, contact has been maintained mith the Pastor of the churcht Reverend M. L. Minnick, Jr., who *renentiy advised that they have nam reached very definite'decisions to* proceed with the mark. I scheduled a meeting on the church property on Tuesday, May 19, 1970, at 5 P.m.t and wrote to each of the petitioners inviting them to be present at that time for a dis- cusstoo of the matter. One of my letters was returned with a notation that one of the families signing the petition had no further objections in the matter. Those present at the meeting were: Of.the petitioners-- Mr. Roy R. Pollardt Sr.t Mr. and Mrs. Molter E, Fuller, Mrs. C. H. Patterson and her son, Mr. Patterson, Mr, C. E. Ford and Mr.,Claude, Rodges; Of the church--Reverend Minnick, Mr, Don Murray, Mr. Hunter Robertn~andMro James JarvJs;,Of the City--Mr. Bain Reed, Assistant Building Commissioner, and the City Manager. The representatives Of the church explained that the church now nmos three'lots immediately Joining to the north of the church property and abutting the mast side 5f Grandln Road. Tho house and the third or furthermost of the three lots in being retained as a parsonage ~or occupancy by the Assistant Pastor. Their proposal in to construct a parking lot for the church on the two lots. Primarily because of the fill on the property, the church plans to gravel the lot and use this as the surface for about a year and they would pave the lot, perhaps adding curb and guttering, and provide for proper drainage and lighting, Their present plowshare to net the lot back approximately 40 feet from the Grandin Road street line which mould preserve several small trees now on the front of the lots. They stated an interest in the maintenance of the appearance of the neighborhood, an interest in cooperating with the general community area, and a need for off-street parking for the benefit of their membership and to relieve a considerable amount of on*ntredt parking .on heavily travelled Brandon Avenue. The petitioners present expressed their concern that the church had torn down tm* houses nad inquired as to the churchts plans on the third dwelling unit. They registered objections to a parking lot in the area in the opinion that it mould be objectionable and would devalue the neighborhood, ~287' -.The;petitiozers~qiestloned:zs~to~ghr~th~'.eku~eh~did autO'se existing church lot~property ied ue~e advised that'the ohurch ia ,~etgla~ag thio,for future.building expzasloo. ~.:~.~,~ ~:~-,~ Mr,' nclo~'iee~Atsl~tunt Bulldiz~Con~iSsi~i~r~for reviewed the Citytc Zoning Ordinaace'idvising thot~thearez:ls zoned go, Resideedat Duplex, asd ~%.auch:pa~k~ug~is peraitt~d:oulriu~. connection with DO-site Deem'panty sod that pad,Jig*is permitted OD long as it ia on prcperW contiguous tootle wain use faclll~r, ;He stated that if thiseere a matter of.the building of a nee church the ~oning O:dinance would require:one pcrkiog apace.~or each.l$O square reef End three spaces (or each office. There ia no require- men* for orr-street parhieg (or existing £uoflitfez.at the time of the enactment of the ordinance, There is no restriction us to the construction o! · porhizg let 'as to side.and ~ear of lot llees~ however, a parhlng lot carrot cube oloser to the stTeet frontage than one-hair of the din*ante or the froot yard se*bach, In this case the (rout yard se*bach is 30 feet; therefore, the parhing lot can come to mi*bin 15 feet or front line, which in this case would be Graadin goad. The matter was discussed in detail by all persons with final conclusions being that the church would plan to go ahead wftb lta gravel and proposal, end after it had drawn uplts pereanent con- strut*ion plans and before proceedleg with this, the church would contact and go qver the plans with each of the petitioners who were present at the m~eting. The petitioners present indicated that in view of the fact that the matter had proceeded to the point that it has that this arFangemeet would be generally satisfactory with them. It is not felt necessary or appropriate that the City ta~e any action in regard to this other than assure conformance with the Zoning Ordinance; therefore, it is recommended that the matter be ~iled in the records of the Council. ~espectfully submitted, S/ Julian F, HIFst · . Julian F. Hirat ~lty Manager~ Mr. Lash mo~ed'~hat'the report ~e received ~ed filed. The motion was seconded by gr. Thomas and unanimously adopted. ZONING: Council having referred to the City Attorney to review the Zoning Ordinance math regard to the two acre minimum requirement required under the Zoning Ordinance and to review the proposed Ordinance and make recommendations in connection with *he, request of Mr. John g. Fryet et ur.t that property located on Morrill Avenue, ~. ~., idescribed as i~ot ~, Dl~c~ 15, $~c~l~,A, 'Huena ViSta ~and Cempany, Official ~ax ~, ~41~1~ be,r~zon~d from gOt Duplex Residential Dlstrictt to Office and Institutional Dlstr~ct, the City Attorney'$ub~ltted the following report reviewing the facts and la~ pertaining to said appllcation for rezoning: '~ay 21, 1970 Honorable Hayor and gembers of the Council af the City of Roanohe goaeohe~ ¥trgiela Gentlemen:' At the meeting Of the Counc~held Hay 10, 1970~ there was referred to the undersigned the matter of rev~dwlng, in light of all applicable zoning regulations, the reqqest of Er. John a. Frye to rezone certain property located at 719 gorrill Avenue, So E., from its present ED-Duplex Residential District to C-l-Office and fqstitutional District Classification. As background informatioe~ gro Frye and his wife, who are reportedly certified by the State Hoard of Education as driver- traieieg iestruotors~ made application on February 13. 1970. to the Board of 'Zoning Appeals for approval of a variance £rom the permitted uses la ED districts~ so as to permit a portion of a proposed' garage building on the lot to be used for office aid classroom purposes in cohzeotlou with driver-,mining,instruction. At a hearing beld ca the application on larch 3.,L1970~ abe Board of Zoning Appeals, by unanimous voIe Of lh~ membeks present, con- cluded nnd p~operly so, that the proposed use of the exisLing garage structure could not be authorized under the limitations of the Zoning Ordinance buk that, considered as a special exception In tho nature of a 'personal serrice home occupation,* the Board could authorize the conduct of driver-training classes and instruc- tion in the residence building ou the lot, but not tn the garage. Applicant amending hi~ application to agree with that oo~cluslon, the Board authorized the issuance of a certificate of occupancy for use of the residence house for office end classroom purposes urovided that ~uch use be co~ducted only in a c.or.tinn ~f the r~si- deuce, The actlo~ of the Board does not permit' of razing the existing garage and constructing a newer, larger structure for the use desired by the owners, hence the application to the Council for rezoning of the properW to. C-l-Office and Institutional classification. Contained In the last paragraph of Sec. 67, Amundsen!f, of the Cltyts Zoning Ordinance, there is the follomlng regulation: 'Except for ex,em,ion of existing district' boundiries, no change in zoning classification to a commercial or indus- trial category shall be considered ehich 'Involves an area of less than two acres, and no separate commercial or industrial district of less than two acres shall be created by any amendment to this chapter.' The property in question consists of Lot 9, Block 15, Section A, according to the Rap of the ~uena Vista Land Company, with dimensions of 50 feet x ISO feet, and an area of 7500 square feet, well under two acres In area. It is* located in a district pre- sently zoned RD- Duplex Residential, and is at least one block removed from the nearest commercially zoned property. The above is submitted ~s this office's r~view of the facts end la~ on the application pending before the Council. Respectfully, S! J. ~. ~incanon J. N.~ ~incanon' Hr. Hurray A. ,toiler, Attorney. representing the petitioner, appeared before Council In support of 'the request of his client. After ,a dis~ussion of the request, Hr. Trout moved that action on the matter be deferred one week iff order to give the members of Council sufficient ~me to study the report of the City Attorney. ~he motion was ~econded by Hr. Thomas and unanimously adopted.' At'this pointe Hr. Trout left the meeting. TRAFFIC:. The City Attar n~y submitted the following report advising that the 1970 Session of the General Assembly of Virginia enacted legislation providing that the governing body of any county, city or ~own may provide by Ordinance that it shall be unlawful for any person, firm or corporation to keep,' except within a fully inclosed building or structure, on any property zoned for reside~tial or co~ercial purposes any autonoblle'or automobiles whose condition is such that it is economically impractical to ~ake operative and also, that the governing body of any county, city*or 'town may adopt an O~dtnance ~mp~sl~g a'license tax. in an amount not exceeding ten dollars annually, upon the owners or automobiles which do not display current license plates, are not in a public dump, in an ~automobile graveyar or in the possession of a licensed Junk dealer or licensed automobile dealer: :289 UMoy 25t 1970 The Bcnornble Mayor and Members of Roanoke City Council Rpanoke, Virginia Gentlement The 1970 Session of the General Assembly enacted Chapte~lg& 'amd 380, to become effective Juan 260 1970, ccd which will 'amecd Title 15.1 of the Code of V~rgicio to contain the following provlsions~ § 15.1-11.1, The governing body of uny county, city or town maya by ordinance provide that it shall be unlawful for ney person, firm or corporation to keep, except mithic a fully inclosed building or structure, on any property xoned for residential or colmerciol purposes any automobile or automobiles mb*se condition in such that it is economi- cally impractical to make them operative. § 15.1-27.1, The governing body of any county, city, or town In this State may adopt an ordinance imposing a license tax, In ac amunut cut exceeding ten dollars annually, upon the omners of automobiles mhich do not dis- play current license plates under the provisions of §~ 4§.1~42 tbrecgh 46.1-49 and 46.1-119 and 46.1-120, are no~ in a public dump, in an *automobile graveyard* as defined in S 33-2?9.3 or in the possession of a licensed Junk dealer or licecsed auto- mobile dealer. Nothing in this act shall be applicable to nny vehicle being held or stored by or at the direction of any governmental authorityt tO any rehlcle owned by a member of the armed forces on active duty or' to acy vehicle regularly stored ~ithin a structure. Coupled together, thqse provisions, uben enacted as local ordinacces, would seem to provide a salutary means of regulating and, to a large extent, eliminating the objectionable practice of allowing unused automobiles to remain for long periods of time on private residential and commercial properties in the City. Thc City hast at the time, what are considered satisfactorily enforceable regulations with re~erence to the abandonment of such automobiles upon public streets and other public places, but not on private property. The Council may mlsh to consider directing the preparation of proper ordinances to be adopted pursuant Lo the above-quoted , enabling statutes. Before doing so, however, the Council may also wish to have the benefit of the recommendation of the City Manager and those cf specific departments under his control, such os the Police Department, the Department of Buildings, et c~tera, which may be more directly familiar with thc existing problems and with those which might be encountered in administering and enforcing Respectfully, S! J. ~. Klncanon J. N. £incanonu Mr. Thomas moved that the matter be referred to the City Manager for study 'eport arid recommendation to Council. The motion mas seconded by Mr. ~heeler and unanimously adopted. Mr. Boswell then moved that the matter also be referred to the City Attorw for preparation of the proper measure or measures. The motion was seconded by Mr. Lisk and unanimously adopted, In thin connection, Mr. G. ~. Coleman, 2304 Kermlt-Areflue, N. i., appeared before Council and advised that his main source of income is calling parts from Junke, autnmobiles which he parks in his backyard and pointed out that if Council adopts thi report it sill preyent him from continuing this practice, STREETS AND ALLEYS: The City Attorney submitted the following report vising that the Zg?O Session of the General Assembly of, Virginia enacted amendatnry legislation which allows the governing body of any city to prescribe and change a reasonable fee not exceeding fifty dollars for processing an application pursuant to ~, 15.1-364 for the ct,*ingot, vacating of uny street or alley and also, that the governing body of any city may prescribe and charge a reasonable fee not exceeding fifty dollars for processing au application pursuant to 8 15.1-482 for the vacating of any platt to be effective on and after June 2b, lq?O~ *May 25, 1970 The Honorable Mayor and Members of Roanoke City Council Rmnoke, Virginia Gentlemen: ~ectioa 15.1-364 of the Code of Virginia authorizes and prescribes the procedure generally employed by property owners for the vacating and closing of public streets and alleys ou application made to the local governing body. Section 15.1-462 of the Code of Virginia prescribes a pr,ced,re by which plats of subdivision may be vacated in certain instances by ordinance of such governing body on ~pplica- lion of any interested person. The 1970 General Assembly enacted, as Chapter 161 of its Acts of Assemblyt amendatory legislation as follows: § 15.1-364.1. The governing body of any city may prescribe and charge a reasonable fee not exceeding fifty dollars for processing an application pursuant to § 15.1-364 for the closing or vacating of any street or alley. ~ 15.1-~92.1. The governing body of any city may prescribe and chu~ge a reasonable fee not exceeding fifty dollars for processing an application pursuant to § 15.1-482 for the vacating of any plat. Street closings, in all, instances are preceded by reference to the Planning Commission, by report of viewers appointed for the purpose and, by poblic hearings held before the Council , after advertisement of notice of hearing. The law has hereto- fore required and still requires that applicants for street closings pay the cost of the viewers and also pay the cost of the posting of, notice prior to application made to the governing body. In addition, the Council has for some time required that the applicant pay the cost of publishing notice of the public hearing held before the Council, mhich latter hearing Is nott however, a statutory requirement. I would, hazard the st atement that the normal cost of publishing oat ice : of the public hearing before t~ Council amounts to approximately $10.00 and that the cost of publishing a copy of on ordinance closing a street or alley would amount to at least $15.00. Proceedings before the Council for the vacating of plats of land subdivisbns are much less frequent but may, at timest .occur. An alternate method of vacating a plat of subdivision is provided in the general law butt seemingly, not by local ordinance, by proceedings taken with the approval of the *Agent* authorized and designated in the local zoning ordinance. It is thought to be advisable, however, that a reasonable fee be pre- scribed for the processing of such an application made either to the Ca~cll or, to the ,'Agent* under the, subdivision ordinance. The above is submitted to the Council in order that ~ may, if it so desires, direct preparation of measures which would pre- scribe payment of the fees authorized to be required after June 26, 1970. Respectfully, S/ J, N. Kincanon J. N. Kiecanon~ Mr. Lisk moved that the report be referred to the City Manager end the City Planning Commission for studye report and recommendation to Council. The motion was seconded by Mr. Boswell and unanimously adopted. STREETS ARB ALLEYS: Council having referred to the City Planning Commissio for atodyo report and recommends*ins the request of Hr. Alfred Reckley, Jr.t et. ax** that n portion of the street located on the southmest corner of Maine* Avenue and Sylvan Road, S. E,, be vacated, discontinued and cloned, the City Planning Commission Hr. Lisk moved that a public hearing on the request for vacating, discon- tinuing and closing the street be held at 2 p,m., Monday, June 22, 1970. The motion was seconded by Rt. Eosmell and unanimously adopted. STREETS AND ALLEYS: Council having referred to the Cit~ Planning Commissl~ for study, report and recommendation the request of HFS. Margin S. Etter, that the northmest portion of a 12-foot alley running in a northwesterly-southeasterly directi from Temple*on Avenue to East Cate Avenue, S~ Ko, be ~acated, discontinued and closed the City Planning Commission submitted a mrS*ten report recommending that the request for vacating, discontinuing and closing the ~lley be held at 2 p.m., Monday, June 220 1970, The motion was secm dad by Rs, BoSwell and unanimously ~dopted. REPORTS OF COMMITTEES: NONE. U~INISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERAYION OF ORDINANCES ANDRESOLUTIO~S: ZONING: Ordinance No. 19185, rezoning, property lo~ated on the northeast corner Of Mountain View Terrace and Fauquier Street, S. W., described as a portion of 11 2.044 Acreage, Block 5, Roanoke Redevelopment Land' Company, Official Tax No, 1430101, from RS-3, Single-Family Residential District, to RG-2, Ceneral Residential District, having previously been before Council for its first reading, rend and laid over, was again before the body, Mr. Mheeler offering the following f~r its second reading and final adoption: (e19165) AN ORDINANCE to amend Title IV, Chapter 4.1, Section 2, of The Code of the City. of. Roanoke, 1956, as amended, and Sheet No. 143, Sectional 1966 Zone Map, City of Roanoke, In relation to Zoning. (For f~ll text o~ Ordinance, see Ordinance Book No. 34, page 297.) Mr. Wheeler moved ~he adoptio~ of the Ordinance. The ~otioo mas seconded Mr. Thomas and adopted by the following vote: ~YES: Messrs. Boswell, Lash, Perk!nson, Thomas, Wheeler and Mayor Webber ....... L ............ 6. NAYS: None ........ O. (Mr. Trout absent) APPALACHIAN POWER COMPANY-SCHOOLS: Ordinance NO. 19190, authorizing and prortdlng for the execution by the City o~ Roanoke of a written license and permit t Appalachian Poser Company to construct, e~ec}, operate and maintain certain undergrou ~lectrlcsl transmission lines and equipment to serve the Rufrner Junior High School property, having previously been before Councit fur its flrs~ reading~ rend and laid overt was eguh before the body, Mr. Perkinson offering the following rot its second rending and ~ina! adopLlon~ (r19190) AN ORDINANCE authorizing the Cf*yes execution of a written llceea and permit to Appalachian Power Company to construct, erect, operate and maintain certain nndergrnund electricai transmkssion llae~ and ~quipment*tu serve'the City's ~ufrner Junior High School property. (For fell text of Ordinance, see Ordinance hock No. 34, page2~.) Mr. Perkinscn moved the adoption of the Ordinance. The mo~ion was seconded by Hr. Hheeler and adopted by the following vote: AYES: Messrs. flosmeli, Llsh, Perhinson, Thomas, ~heele~ and Mayor ~ebber .....................6. ' NAYS: None .......O. (Hr. Trout absent) SALE OF PROPERTY-STREETS A~D ALLEYS:' Ordinance No. 19194, author,sing and providing for the sale ~nd conveyance' to Roanoke Coca-Cola B~ttling ~orks, lncorporat~ of a strip of [and containing'approximately 1630 square feet, being the ~and in a cer- tain forner alley now permanently vacated, discontinued and closed, extending i~ n southerly direction from Cch*er Avehue, N. N.,'to th~ north line of an'alley mhlch runs generally east and west between Third Street and ~ourth Street, N. #., in the CS1 of Roanoke, Virginia, upon certain terms and con~itloc~, for the sum o~ $100.00, having previously been before Council for its first reading, read and laid over° was again before the bod~, Mr. Llsk'offering the following for its second reading and final adoption: (n19194) AN ORDINANCE authorizing and providing for the n~le and conreyanc~ to Roanoke Coca~Col~ Bottling ~orks, Inc., of a s~rip of land containing approxtmatel 1630 square feet, being the land in a certain former alley, mom permanently vacated, discontinued a~d closed, ~xte~dfng in a s~utherly direction from Center Avenue, to the north line of an alley ~hich runs generally'east and mast betMeen Third and Fourth Streets, N. ~., in the City of Roanoke, Virginia, upon certain terms and conditions. (F6r full te~t of Ordinance, see Ordina~ce Book NO. 34, page 29%) Hr. Lisk moved'the adoption of the Ordinance. The motion was ~econded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Lis~, Perki~son, Thom~s, Rh~eler and'Mayor Webber ......... NAYS: None ............................... ~ ............................. O. (Mr.:Hosmell not toting) (Mr. Trout absent) HUNICIPAL COURT: Ordinance NO~ 1~196, appointing Hr. Harris S. Birchfield as a Substitute J~dge of th~ Hunicipnl Court, having previously been before Council for its first reading, read and lald over, was again before the body, Mr. Pc~klnson offering the following for its second reading and final adoption: 293 lS19196) AN O~DINANCE appointing a Substitute Judge of the Ruuieipal (For full teat of Ordiuauce~ see Ordinance Book No. 34~ page 301o) Rt. Perkiusou moved the adoption of the Ordinance. Yhe wu*ion was seconded by Mr° Thowas usd adopted by the following voter AYES: Ressrs. Boswell. Llsk~ Perkiasou, Thomas. Wheeler and Mayor lebbnr ....................... NAYS: None .......... O. (Rt. Trout absent) PLANNINg: Council having directed tko City Attorney to prepare the proper requestinqCongressiouel authority for a comprehensive study of the Upper Roanoke River Basin, he presented same; whereupon. Mr. Llsk offered the fo~owiug Resolution: (n19205) A RESOLUYION requesting Congressional authority for a comprehensive study of the Upper Roanoke River Basin. (Fsr full text, see Ordinance Book No. 34, page 305.) Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Boswell, Lisk, Perkiuson, Thnmas, Wheeler and Mayor Webber ...................... NAYS: None ........O. (Mr, Trout absent) TAXICABS-LICENSES: Council having directed the City Attorney to prepare the proper measure amending Section 30 and Section 31, Chapter 1, Title XXX, Transpo! tn*ion, of The Code Of the City of Roanoke, 1956, relating to taxicabs and other vehicles for I~e, by providing for an increase in the fees for the issuance and of public vehicle drivers* licenses, he presented Same; sherenpon, Mr. Perkinson offered the following emergency Ordinance. (~19206) AN ORDINANCE amending Sec. 30 and Sec. 31, Chapter 1, Title XIX, of the Code of the City of Roanoke, 1956, relating to taxicabs and other vehicles fo: hire, by providing for an increase in the fees for the issuance and renewal of public vehicle drivers* licenses; and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~o. 34, page 306.) Mr. Perklnson moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the folloming vote: AYES: Messrs. Rcswoll, Lisk, Porki~on, Thomas, Wheeler and Mayor Webber ..................... NAYS: None .........Oo (Mr. Trout absent) MO~IO~ AND MISCELLANEOUS BUSXNESS: XNDUSI~I~-~: The City Clerk reported that Messrs. ~enton O. Dillard and Edward C. Sanders have qualified as Directors of the Industrial Development Authorit of the City of Roanoke, Virginia, for terms of four years each ending October 20, Mr. Perkinson moved that &he report be received and filed. Seconded by M:. Llok nod onenlm~ooly adopted. There being no further business. Mayor Mebber declared the Reefing adjourned, APPROVED The motion mas Mayor MO~ al. June 1. 1970. The Connoll of the Cltl of Re~ok~ met in regular meet lng in the Conncll Chamber In the Municipal Building. Wondnl. Jane i. 1970. at 2 p.m.. the regular meeting haut. with Holor Webber PRESENT~ Conncilmen John W. Rosmell, David K. L1¢i. Frank N. Pert4n~on. Jr.. Hampton W. ~hemos. James O. Trout. ~lneent S. Wheeler and Holor Re! L. Webber ...................... ABSENT: None ..... O. OFFICERS PRESENT: ~r. Julinn F. Hirst. Cltl Manager. Rr,. B~ren E. Honer. Assistant Cltl ~onoger. ~r. James N. Kincnnnno City Attornel. and Nv. A. N. Gibson. Assistant Git! Auditor. INYOCATXON; The meet lng nas opened with n pra~er b! the Reverend wiiiiou R. W. Douglas. Pastor, Price Remoriol A.#oE. Zion Church. MINUTES: Copy of the minutes of the regular meeting held on Hondol, Hay 10, 1970. having been furnished each member of Council, on motion of Mr. Lish. seconded b~ Ur. Perkinson and unanimously a~pted, the reading thereof was dispensed with and the minutes approved ns reocrded. REARI~G OF CITIZENS UPON PUBLXC flU~£T-TAXE$-AUDI?ORIUH-COLISEUH: Mrs. W. G. Nelson. Jr., appeared befor~ the body and requested that Council honor its commitment to cancel as of July 1970, the additional five per cent utilit~ tax imposed in connection with the Roanoke Civic Center. Mr. Perkinson moved that the request be referred to 1970-?! budget study. The motion mas seconded b~ Mr. Lisk and unnnimousll adopted. BUDgET-RECREATION D£PAR~HEh'E-PARKS AA~ PLAYGRODNGS: Hr. James A. String- field. President o~ the ~ilmont Recreation Club, appeared before Council and transmitted a petitlon signed b~ lSD residents of the Wilmont Farms, Westwood and Sfgnai ~iJl sections, requesting that funds be included tn the 1970=71 budget for the installation of lights in Strauss Park. Mr. Lish moved that t~e matter he referred to 1970-?1 budget stud~, The motion was ~conded by Mr. ~bomas and unanimousl~ adopted. DEPARTHEN'f OF PUBLI~ NELFARE: HFS. Dora Ash, Chairnan of the Southeast Welfare Rights Organization, appeared before CouncJ~ and requested that welfare recipients be permitted the minimum water and sewage rate of $2.00 per month. After a discussion of the request. ~r. Perki~son move~ t~at the matter be referred ~o the Cit~ Homager for stud~ and report to Council as to the difference ~etseen payment of the $2.0~ minimum rate and the average amount presentl~ bein~ pa~d b~"~elfare recipients on water bills. The motion was seconded b~ Mr. Trout and unaninousl~ adopted. ZONING~ A co.msoloetion from Rs. ~Jlter H. Hood° &ttovseyo representing Rs. Stanley C. ~nisberg. et .m.. requesting that property leceted on the northeast of Brnndon Aven.e ned Edgemeod Street, S. ~.. described ns part of n five tract of lnsdo Persinger Lands. Official Tax No. 1610204. be resorted from RG-Io Gesernl Hesideatlsl Dostrict. to C-2, General Conmercia! District, men before Cnsscil, Mr. Perkiasoo monad that the request for resorting' be referred ~ the City Planning Commission for stud~° report and recommendation to Council. The motion seconded by Mr. Lish and nesnimousl! adopted. ZOHIHG: a communlcelion from Hr. Hobart $. Allison, Chairman,nY the Board of Trustees of the Ebenezer African HethodJst Episcopal Church, requesting that property located on she east side of Lnfslette Boulevard between Lafayette Boulevard and Cove Road. H. H., described as Lot 4° aloek lO, Villa Heights, Official Tam Hos, 2450201 - 2450203, inclusive, be rezoned from RS-3. Single-Family Residential Dlstrlc~ C-l, Office and Institutional District, mss before Council. 'Mr. Wheeler moved that the request rot resorting he referred tothe City Planning Commission for study, report and recommendation to Council. The motion seconded by Hr. Link and unanimously adopted. HEALY[I DEPARTHEI~T-PARKS AHO PLAYUROUNUS-GARBAUH REHOVAL: A communication from Dr. Mack I. Shnnholtz, State Health Commissioner. advlsi~ ~at the 1970 Session of the General Assembly passed an act providin9 [bat the Board of Health shall regulate and prescribe the method or methods of dispo~tion of garbage, refuse and other solid wastes or any combination thereof in the Commonwealth of Virginia to be utilized by each countl, city and town in the State. that at an early date the Board of Health mill begin mor~ on the rules and regulations directed by the act end that Brier these are given preliminary approval by the Board of Wealth the~ ~ili be posted for public hearing, was before Council. Hr. Thomas moved that the communication be received and filed. The motion seconded by Hr. Lisk and unanimously adopted. O~UG~T-b~TATE COH~HNSATIOH DOARU-CLER~ OF T~E COURTS: A communication frou gr. Ws~er Ro Carter. Jr., Clerh of the Courts, requesting that the salary of a 0eputy Clerk in the O~fice of the Clerk of the Courts be increased from $514.00 to SS86.00 peF month beginning July 1, 1970, ubs he,ore Council. Hr. Thomas moved that the matter be referred to 1970-71 budget study. The motion wes seconded by Hr. Lls~ end unanimously adopted. CITY G0¥ERNR~NT~: A communication from the Honorable Klm Yong ~oon. Mayor of the City of #ou~u, Korea, expressing appreciation for the observance of Hon~u Day by the City of Roanoke on February 6. 1970. and advising that the City of WonJu will observe Roanoke Day on Hey 29. 1970. was before Council. Mr. Wheeler moved that the commnnication be received and filed. The motion seconded by Mr. Thomas and unanimously adopted. BODGET-COR#ONREALTH*S ATTORNEY: Copy of s coamuaication from the State Coapensation Board, addreased to Hr'. Soaue~ A, Garrison, Ill, Coamon~ealth°s Attorney for the City of Roanoke, advlsiog that fuads *in the Priating and Office Supplies account of the budget of ~he'Coaaonaealth's Attorney have been exhausted. mas before Council. In thfa connectfono copy of a communication from the Caiaunaealth'a Attor- ney addressed to the State Compansation Board. explaining., that Council ~pproprlated $225.00 from city' funds tar the printing of an appellee*s brief and that this amount is not chargeable a~siast the total ~aount authorized by the Compensation Board rot general office expenses in the fiscal year 1969-?0, mas also beforh the body. Mr. LJak moved that the coamunications be received and filed. The motion was seconded by Hr. Perkinson and unanimously adopted. SPECIAL PERMITS-STATE HIGHWAYS: Council having adopted un Ordinance granting revocable, non-transferable authority to We Sun Oil Company to muinteJn a certain gasoline puap'i~land on premises located at 2001 Franklin Rood, S. W., hagan as all of Section 15. Rap of Colonial Heights. Official Tax No. 1040501, .encroaching on a planned major arterial highway right of way and over an established building setback line, upon certain terms and conditions, a communication from Hr. Michael K. Smeltzer. Attorney, representing the Sun Oil Company. advising that the Engineering Department has refused to approre tho plot plan submitted by his client in connection uith the proposed construction of a-new service station located on the above described propnrty until the Sun Oil Company meets certain requirements in order to assure a reasonable crosssection of the stream located on the property so as to accommodate high water conditions, was before Council. Mr. LJsk moved that the question of the overall plot plan be referred to a coamittee composed of Roasts. Vincent S. Wheeler. Chairman. John W. Boswell and Julian F. Hirst for study, report and recommendation to Council. The motion mas seconded by Hr. Thomas and unanimously adopted. REPORTS OF OFFICERS: POLICE DEPARTME~-JUVENILE ANB DOMESTIC RELATIONS COURT: Council having referred to the City Manager for suggestions, a complaint of Mr, G. L. Cummings that hi~ employees ere being terrorized and merchandise is being stolen regularly during normal working ho~rs at his place of business et 31~ South Jefferson Street. the City Manager submitted the following report su~gestin9 that Mr. Cummings have a male clerk or male person o~ the premises during evening ~ours when the business is open and advising that continuing attention will be 91yen to matters of this typo by the Foliee Department: ~Roenoke. Virginia June 1. 1970 Honorable Mayor and City Council Rca'make, Virginia Gentleues~ " o 0u I~ s,-oparcto~o~-tke Plead*rs Peanut Store,.313 .South ~ a~p~ired before'CarT Coslail to report,~Ebl~aa.eceo~ite*ed~iL'hia~plase of business b~ 7oaths%enter- lng the fl'o~e dUrisg.bt~ls~ss:hOG~a'aad'barrcasing clerks and cutomers. Yom refer*ed~this~actter to ua for repor~ ' T~ia_tjpb~bf ~i~u~loh h~'~ b'eecrdiScuaaed'ced coe~i~ered 0e t humber of oecacieesuithin.tk~ past four'or ri~e lears ia meetings be- fumes ¢i~_represasCatfW~i, fscledfegtho ~ol'lce ~epcrimeel, ced represeetellvea.6f, Betall~Mcrchcsts~/Assoclati0w, Dceutoue Roanoke, fen., and business, operators.~ Thb nomslderctbs heee included problems of jcusG adults hcrreaaisg, loitering at amd/or disturbing food service cosetera, shoplifting, iecideelc on thc aideualh, the t~pe, of aituctibe thct-#r. Cummings reports, etc. The c~eses of this altus%lan*are numerous aa have been commented upon es previoes reports to caw C~uecil om similar police waiters. 'Tbe caeaes grew.deeper ced be~ome more~luvolved abel Just police standards, the problems appear to be potentially even more difficult. From the standpoint of the Police ~epsrtment. ee u'ill continue to give es thorough aurvelllesae as possible ced prectfcel Ii the geeersl business area. There.ere dorluite limits marble chick the police has euthorit~ to t~e nation egeinat groups, bauds or individuals moving on police a~tions, In regard to thls complaint it Is. u curious contrast that et i recent weeting of the Cnemunitl Relations Cowmlttee an objection ruined bi several present to the Cia! Police Hepertwenl to what wight bo beat described es oversurvoillence of louths the police. Hem suggestion ns might be made to the proprietor of this partJculer~buslness is that, by the nature of the appeal of this age group of the ripe of werchandise sold sad because of the immediate accessibilit; to and fram the street of the store entrance and because premises during evening hours mhea the business is open. -- As previously stated cont~nuIO9 attention mill be given to matters of this type by the Department of Police. Respectfully snbmitted. S/ Julian F. Hirst Julian F. HJrst Cit! Hanager# Hr. Thomas moved that the report be received and filed. The motion Bas seconded bl Hr. Trout and unanlmoasl~ adopted. In this connection. Council having also directed the Clt! ~anager to rep~ t mlthin two weeks on whether or not the 7oath r~ferred to b~ Rt. Cummings had been apprehended as of Ha~ ~S. 19?O, and if so what action mas taken, the Clt! Manager subwittod the followin9 report: 'Roanahe, Yirgioia June l, 1970 Honorable Ha~nr and Cit~ Council Roanahe. YirginIa G~ntlemee: ·hen the matter of Mr. G.L. Cummings appeared before Cit~ Council on He! 25 In regard to an incident of disturbance at h~ store. Ctt! Council referred the wetter to me for report. Hy another report on this Agenda, I advise Council of the situation with~respe~t to police operation. Cltl Council further asked as to the disposition of those persons involved. This report ts in that regard. On #a! 20, 1970, et spproxiustell 6:45 p.m., a young ~egro female reported to the police beat officer a disorder which bhd This ?Hung lady accompanied b? two ot~erso ege 12 ?ears. Identified to the officer three Negro Hales involved In the disorder. The~ tahee tote custod~ bI the officer and returned to the Peanut Store where the alleged victiw was unable to wake · positive identification. The three bo~s, two age 13 and one age Id. were transported to police headquarters and referred to the Youth Bureau. One 13 lear old and the 14 ~ear old were released to their parents. The second 13 lear old was detained at the Juvenile Detention Home. The 13 and 14 lear old released 299 th thelrpsreuts had ·o prior or Youth fluresu. The second 13 year old mas'committed, His background Is us folIouc~ ' · January, 1969 - Burglary', Reteai~d to parents, November, 1949 Hs~lta'a·d Practices injurious to lelfare. Released to parents, February, 1970' Concealing Merchandise. Referred to Juvenile Court, Fl·e.$10 ·nd give· bO days to earn the April, 1970 - Attempt Robbery sad Malicious Moundi·g, Referred to Java·lie Co·rt. Released to psre·t April. 1970 Attempt Hurgtiry of Purhiug Rater·, Referred to Juvenile Co~ t. Released tu parents. (Detention Home filled to capacity), May, 1970 Disorderly Conduct - Planters Peanut Store. Referred to Juvenile Court. Confl·ed to Coyuer SprJngu. Approximately one bout prior to the incident downtoun, a report mat received from Victory St·dRum mhere u Junior high St·ch neet was being held, that · group of young Negro mules were standing in the stadium rasp ullegedl~ molestfeg~irls os they passed. The group mas confronted by the complain·nS, · mother of one or more of the girls. Prior to officers* arrival, the youths bec·me belligerent to the complain·at, ceased their ectfrfty nod left t~imuedJu~e urea, Mben the officer ·rrive~ they.~uere identified at · distance. The same officer was later involved in the Peanut Store incident ·nd identified the same group of suspects mbo readily admitted that they were returning.to the northuest ·rea of the City from Victory St·dRum when the Pa·nut Store incident occurred. They, h~ever, emphatically denied molesting girls at the stadium, Ail parties involved were referred to the Court for disorderly conduct on the Pa·nut Store incident and Youth Bureau officers are continuing in au attempt to get positive identification from alleged victims et the Victory Stadium incident. Respectfully submitted. S! Julian F. Hirst Julian F. Hirst City Manager" After · discussion of the question. Mr. Link moved that the matter he referred back to t~ City Manager for further report to Council as to the final disposition of the charges against those persons involved. The motion was seconded by Hr. Bosuell and unanimously adopted. Mr. BuSwell then moved that the report of the City MaunDer with regard to the persons involved be referred to the Commonwealth*s Attorney for his informatim, The motion mas se~nded by Mr. Link and unanimously adopted. POLICE DEPARYME~-JUVE~ILE A~ DOMESTIC RELATIONS COURt: Council ha~ing referred rathe City Manager for study, report.and recommendation · request of the Towers Shopping Center Merchants Association, Incorporated, that mo~ police protect- ion be provided at the To, ers Shopping Center during the night hours to prevent crim~ break-ins and vandalism, the City Manager submitted the following report advising that he mill continue to emphasize police surveillance of the Tamers Shopping Center and the other concentrated bus,ness areas within the city and that he. will mark with the Toners Shopping CentesRerchents Associstlooo lucorporeted, in coordination and · Roanoke, Virginia June l, 1970 Honorable Mayor and City Council Roanoke, ¥1rgir~ '1 At your ~eetlcg on Hay 25, 1970, Mr, Benton O. Dillard, Attorney Center appeared before City Counoil regcrding crime nad Ina violations- at the Tozers Shopping Center. The follouing is n tabulation of calls and offenses to Toners in the calender year 1969 and fn the almost five months of 1970 from Jancsry I to May 25. Also listed are the number or offenses n~curring at the Roanoke Salem Plaza. Auto Theft Larceny from Auto Bicycle Theft °Shoplifting Larceny from Person Assault Breaking ~ £nterlng Attempt B ~ E Checks ~ Fraud Purged Proscription Diso'rderly Persons Indecent Exposure Tamers Shopping Center 1969-1970 2 0 15 9 I 2 I 0 2 4 21 17 I 0 0 l I 0 *Includes lcrcen~ from business Rocnote*Sclem Plaza 1969-1970 '12- Tamers Center is patrolled in daylight hours by the motorized districts mJth officers periodically leering their vehicle, maintaining communication by hand-radio units and patrolling on foot in heavily concentrated areas with close proximity of the patrol cur. This is tbs ~ype of practice that is applied to both Towers and Roanoke-Salem and to other concentrated business areas as 13th Street and Seffersou Street, S. £., llth Street, N. N., 1st Street. N. M.. Grandam Road business section, etc. It is also common practice for the late evening, night and early morning shift to conduct surveillance of business establishments through- out the City in th ~ manner, including the Shopping Centers an'd concen- trated shopping areas. In this manner, there is no difference in the method of surveillance betmeen domntown businesses and those in the outlying areas. It is felt that the above statistics are self-explanatory and indicate the nature and degree to which reports occur. ~e do not feel justification in assignment of officers on n 24-hour basis in each of the concentrnt~d shopping areas and this is-stated without any intent to minimize the concern that certainly any incident Of crime p~oduces, In response to the request as made before City Council. me will certainly continue to emphasize police surveillance of Tamers and the~ other concentrated business areas within the City. At the same time, we will work with the Merchants Association in coordination and assistance in every Nay possible. I am arising Mr. Dillard and his Associates advising that Chief Hooper and Iwuuld be 9lad to meet math them to discuss this further. Respectfully submitted, S/ Julian F. Hirst · - Julian F. Hirst City Manager# Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. PerkJnson and unanimously adopted. BUDGET-GARAGE-AUDITOR-LIBRARIES: The City Manager submitted the following report recommending that $1,6§9.00 be transferred from Insurance in the 1969-70 budget of the City Carage to Icsurnnce in the 1969-?0 budget of the City Auditor and that $724.00 be transferred from Insurance in the budget of the City Garage .to Insurance in the Library budget, to provide funds for two insurance policy premiums .bach were not budgeted during the current fiscal year: 'iouhoie, ¥1rginil JiBe 1, 19T0 Bnuor·ble #uyor Bed City Council Roeaote, Virginia ' Gentlemen: Preui·m ·urines hire bee· reeeiwed fro tug l·sure·ne policies roi milch fee~l eere not budgeted during tie current fiical'-year. These tug reneuuls, one for the City Employeets Bluster Bond Polfc! ia the uuount of Sl.668 and the other rot Vel·able Papers ut the main end . breach libraries in the uuolit of $724 ere p·ld for · period of three years each. Al B result they mere overloohed durflg lest year's budget preparation. The garage insurance account contains $9,667.Y1 et this time uith outstuuding premiums of $2,250 for fire llsurnBce and other adjustments. Thin"leaven · $?.417,71 balance. ?bin hellene Ii · result of premium reductions due to our reduced accident rite end anticipated rate increases · iici did DOt materialize. Over the period of recent years there his been u trend toeard adding additional funds to the garage accounts through transfers and/or appropriations. Contrary to this trend, it ·gild be recommended that City Council by budget appropriation transfer from the Gurnge Insurance Account, Department Code ?l. Object Code 25. $1,688 to Auditor. Department Code 10, Object Code 25, Insurance, and $724 to Library, Department Code 80. Object Code 25. Insurance. for the purpose of paying these premium notices. Respectfully subeitted, .S/ Julian F. Hirst Julian F. Hirst City Munage~" Mr. Perklnson moved that Council concur in the recommendations of the City Manager and offered the following emergency Ordinance': (=19207) AN ORDINANCE to emend and reordnin certain sections of the 1969- Appropriation Ordinance. and providing for au emergency. (For full text of Ordinance, see Ordinance Boo~ No. 34. page 310.) Mr. Perkinson moved the adoption of the Ordinance. The motion mas seconde by Mr. Thomas and adopted by the foiloulng vote: AYES: Messrs. Bosuell. Lisk. Perklnson. Thomas. Trout. Nheeler and Mayor ~ebber ..................... ?. NA?S: None ...... O. BUDGE~-STADIUM: The City Manager aubmitted u mritten report recommending that $3,000.00 be uppropr{ated to Utilities in the 19bg-?O budget of the Stadium ned Athletic Field, to provide funds for the remainder of the fiscal year. Mr. Perhinson moved that Council concur in the r enommendntion of the City Manager and Offered the following emergency Ordinance; (#19209) AN ORDINANCE to 'amend and reordain Section x76. 'S~adinm'hndf Athletic Eield** of the 19~9-70 Approriation Ordinance, and providing for an emergent (For full text of Ordinance. see Ordinance Book No. 3~, page 310.) Mr. Perhinson moved the adoption Of the Ordinance. The motion mss secondet by Mr. Trnut and adopted by the ~llowJng vote: AYES: Messrso Dos#ell, Lisk. Perhinson, ~homas, Trout, Wheeler and Mayor NAYS: None ..... O. BUDGET-LIBRARIES: The Cit7 Manager submitted the.follouicg report request- ing them $3,000.00 be appropriated to Utilities fa the 1969-70 budget of the Librerf, to provide rands for the remainder or the fiscal lear: 'Roanoke, Virginia, June 1, 1970 Honorable Helot ~nd Cit~ Council Roanoke, Vlrgimla Gentlemen: : City Council npprovGd nnd ~otded $10,000 in t~e current fiucsl budget for utilities ultbin the LJbrsrles account. Tke Citl Auditor has indicated thmt this nacouot ia ~ovm~expended b! $1.097 aa of the end or April, 1970. Overexpendltore mithin this nCCQunt is primarily due to the long periods or cold ueathev this minter ~hich resulted in increased otllit~ usage in the six library buildings. It is anticipated that an additional $3.000 mill be needed to cover t~ overexpenditure end provide sufficient rands for the months of Mai iud Jure. This overexpeodlture has been noted in time to increase the fund r~quest in the next 3eaves budget to $13,000. Areviem of muttons Libror~ accounts mould iodioate that in- sufficient balances exist in an; ac~cuot that can be transferred for this purpose. Therefore. it mould be asked that Cit~ Council appropriate an additional $3.000 to Libraries* Object Code 20. Utilities. Respectfull~ submitted. S~ Julian F, Julian F, Hlrst Cit~ Ma.naMer' Mr, Lisk moved that Council concur in the request of the Clt~ Reneger and offered the following emergenc! Ordinance: (~19209) AN ORDINANCE to amend and reordain Section ~90, 'Libraries,' of the 1969-70 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No, 34,* page 311,) Mr. Llsk moved the ad6ption of the. Ordinance, The motion mos seconded b~ Mr, Trout amd adopted b~ the following vote: AYES: Ressrs, Boswell, Limb, Perkinson, Thomas, Trout, Wheeler and Mu~or Webber ....................... NAYS: None ........ O. ZONING: Council having referred to the Cit~ Manager for stud~, report and recommendation a request of Mr, #, F. Silver, representing Mrs, Dorothy R. SBa, oune of prop~ located at 523 Vihton Road, N. E,, that Mrs, Stern be issued a non-con- farming permit to raze the existing store building on bev propert~ and to construct a new building on said propert~ for the same use. the Cit~ Ranuger submitted the following report recommending that the request be denied and suggesting that Rrm, Stern determine uhether or not she has two acres of laud which would enable her to initiate proceedings to rezone the propertI for said purposes: 'Roanoke. Virginia June 1. Honorable Halor and Cit~ Council Roanoke, ¥irgloiu Gentlemen: At sour meeting of Ma! 10, 1970, Mr. N. F. Silver, Realtor. representing Mrs. Doroth~ R. Stern. omner of the prupert~ at 523 303 veTieece to the terms of ti of permit s sam belldleg *s the seoe aite~. - The present bkildleg is e tug-star! structure that has been it this locetlos end kd~s'.~beei Opereted aS u store iota number of years. The garter. Mrs; St'e'r~ ~ko also operates the store, has'kid end used the property only e matter.or · coaplehf years. "The propertyoakich Ja st the soatheeat corset of the lstersectloo'of King Avenue.and Normandy Street'is ulthis the RD'zoned area. This is · rs~h-er large RD urea smd in feet the nearest commercial zoning, other theB over in Vintos. mould he.up seer the intersection of Vlatoo Road with Orenge Avenue. Thus the building sad use is nonconforming smd falls mithin the constrictions or thet pr,vision',! t~ City Zoning Ordiesece. It is end~retood that it the requested scrags could be consummated that the present omner mould perhaps lease the property to the second ?erty mbo mould remove the building smd construct mhst is generally termed s coovesJeaoe type store os the property. Os the pro side of the matter, it mould be recognized that a neu building mould be on improved retail facility over the present structure and also such store mould serve eooeuhot ss · neighborhood facility sod mould be mithin uelbing distance of · number of homes. I have been banded a petition by the sppIlcsnta bearing nine sigoetures of residents in the ares endorsing the proposal and I au advised that other signatures cnn be obtained if necessary. The oatter does. houever. Involve the ordinance' and its intent. The object of the zoning and the nonconforming restriction is to preserve the residential characteristics of t~ neighborhood. While a neighborhood grocery store mould perhaps not be too obJecttonal~le. the opening to other commercial potentials could conceivably be highly questionable as to the preserving of neighborhood values. Under the nonconforming pr,vision of the ordinance° this store cannot be rased and reconstructed. ~epairs sr, permittnd up to 50 percent of the value of the buildin9o I do not believe, os o nonlegal opinion, that the City co~ld or should properly grant a variance to this provision of the ordinance on mhat might be termed general principles. The alternative gould be fez,ming end here there is encountered the reqoirement of a minimum of tm, acres for such purpose. The two-acre restriction is u good one and hopefully should be adhered t o in all instances. One suggestion mould be that the applicant seek to find out whether two acres con be assembled at this location then. Of course. there would be the procedure of fez,ming he arings before the Planning Commis~on and the City Council. This matter meat before the Hoard of Zoning Appeals and un order' of the Hoard dated May 5. 1970. achno#ledged that the Hoard hod to deny the application as the ordinance did not give the Board any jurisdiction to graot such a variance. ! do not feel that there fs any alternative but to deny this request before the City Council math the suggestion that the applicant make inquiry as to the possibility Of assemblying tm. acres of land. Respectfully submitted. $/ Julian F. flirst Julian F. Hirst City Manager' In this connection, Council having also referred the matter to the City Attorney for preparation of the proper measure, the City Art.rna y submitted the following report advising that there appears to be no prescribed procedure mhereby s single owner may be permitted, by the Board of Zoning Appeals ~r Council, to raze one non-conforming Structure and erect another in its place and at a different locat on the same lot: "June i. 1~?0 Honorable Mayor and Members of the Council of the City of Roanoke Roanoke. Virginia Gentlemem: Ak thLe l~skleg of ~h~;~O~acil.of #~ lO,~i9~O,'*~he~e Uu~'ref~rred to the~sad&rii~hed*tor'o~j~i~n~8~ to ~rooedure~'~the'rh~at'of"i~re~zl~or, representing Nra, DorothJ #, Stern, ovner of propert7 located ~iaton ihad, ~,~E,, t&ut the'Cobicli~grsnt a varfnhce.froi~tbe ~resent zoning regulqtiuns so ns.fo.'permit the razing of~s~'.ezistlng ktructure, nonconforming In Use~ zad'the~iubieqbent erectl6n-of another structure, The propert! l~ question i~ aa~i~eguiur shaped lotfroakiag feet on V~JtomrBczd~ huvl6g slde'dJm~nsh's ?S feet along the rear lot line. _It is located nt the southeast corner of Ring StreetcaR. B~, and ¥Jntun Road, N. B** &nd'ls~thoms as Let 11, Block B, icuording to the map of Idleulld Park. Its present hued.that of a grocerl store, ls'so~ in ooarormit~ uith that of the surrounding propertl uhich is, for quite n distance in all directions, zoned Duplex-Residential Diutriut. King Street. K. E., and ¥inton Road, N. £.. are both designated on the UsJor Arterial Kfghmu; Plan, prerlousl! approv- ed b; the Council. as rnture new or improved tea-line thoroughfares. Under the terms of the presemt zoning regnlmtkns, it is tbs function of the Board of Zonl~ Appeals, and not of the Council, in proper cases, to hear mud grist, or den], variances rrou the terms Of the zoning regulations. The request of the representative of the omner of subject propert7 uss heard and,'on R~l 5, 1970, properll denied b~ said Board. Brought, ns s application ~br a 'variance', the request appears to section 60 of the regulations, bht more specificalll the request appeared to be dismetricall7 opposed to the ipecific provisions of section S8 of the zoning regulations which provide, in part: '~o such nonconroruing use shall be moved in uhole or part to nn7 portion of the lot or parcel unoccupied by such use at the time of adoption or nnemdmont of this chapter'; followed b~: *~o additional structure not conforming to the requirements of this chapter shall be erected in connection math non- conforming use of l md~, Further, in section 60, and as Illustrative of the situation in which a v~riance ma~ be granted bi the Board, is provided: where the board is satisfied, upon the evidence heard b~ it. that the granting cf such variance will alleviate a clearll demonstrable unneces- sarl hardship approaching vonfiscstion, us distinguished from a special privilege or convenience sought bl the applicant, provided, in ull cases. that all variances shall be in harmony with the cases, that all variances shall be in harmonl with the intended spirit and purpose of this chapter'. A request of this nature cannot be treated as a request for a special exception nnder section 61 for the reasoe that suob special exceptions us the Board is permitted to grant are set out in section 6 and section 5~1, none of which permit of the granting of the relocat~ of a nonconforming use. If e request for a rezoning of the single lot to a commercial district classification were considered it mould, for the reasons of area set out tn the second parngrap~ of this letter, fail to meet tbs requirements for area~contained in section 67 of the Ordinance. Accordingly, and mlth respect to'matters of procedure in such cases, it appears that ulthout amendment of the present genernl zoning regulations and amendment of the provisions under which thai are administered, and under a set of facts'such as here presented there appears to be no prescribed procedure mhereb? a single owoer nay be permitted, b7 the Board of Zoning Appeals or b! this Council, to raze different location on the same lot.. Respectfully. S/ H. Ben Jones, Jr. ~ith regard to the matter. Mr. ~. F. Silver. appeared before the bodl ia support of the request of his client and advised that his client would not be interested in having the propartl rezoned for said purpose. After a discussion of the question. Mr. Bosuell moved that the matter be referred to the Cit~ Planning Commandos for stud~, report and recommendation to 3o5:. iOuocll Il to uhether or not the ZOallg Ordlulace skonld he aneeded to perwlt u Ilugl~ property ouner to raze one uoa-coaforeJug structure Iud erect u aeu building ia its lace for 1ke sane ese. The wolloz wac senonde~ by Mr. L~ik.uud aoauiwonsiy adopted. INTEGRATION-SEGREGATION= Council having referred u report of Lhe Sub- oswlttee of the'Coswuuity gelstiono Cosuittee on Parks and Recreation to the City Raaage~ roy at.dy, report end recosaendotion, the City Reneger submitted the follouing report uuolyzlog each recoszendottm wade by the Sub-Comultlee: "Roouoke, VitRiol& June 1. 1970 Roaorzble Mayor aid City Council Roanoke, Virginia Gentlemen: The City Council on Roy lO, 1970, received z report of the Community Relations Cowmlttee os u resakt of its survey or sase 25 parks in the Roanoke City area. The cousittee wade s nuwber of recowwendations and the Counnll referred the report to we for study and report back to the City Coundl. I advise as folloss with,respect to the individual areas but with the opening consent that we administratively uelcoue and it is good to have aa Independent evaluation of oar City porks system. This is helpful to us in,bringing about continuing development and it is beneficial to have ~ltJzens tour the various activities of the City government. ' In this connect~n it Should he noted that iu the preparation of the budoet for 19~0-71, the Department of Parks and Recreation was asked to extensively study the parks end to sub&it by way of the budget recommendations as to u wide range of additions that it felt necessary. This the department did through the minter and us a result the budget as was subaitted tot*led $661.869.50 fa comparison with the appropriated budget for 1969-70 of $492.029.$0. The difference was almost entirely made up in park improvewent ~ems, un additional park maintenance crew end un additional tree trlmwlng cram. A number of the items submitted by the depurtuent have been included in proposed budgets in prior years but have been deleted. As a result of the overall process, which has been presented to City Council.' in revieuing the 1970-71 budget, the budget for the Department of Parks and Recreation ui finally subuitted to Council ~ow totals $461.975.00 signifying that Just about oil of the additional lmprovewent items were deleted; in fact the quantity brouoht down loler than the present 1969-70 ~ear. As to the specific items of the Community Relations Committee, I report as follows with the comwftteets coa~ent underlined. RASHINGTON PARK 1. Baseball diamonds be constructed on north aide of creek with backstop. an~ lights for night use. Baseball diamond on the north side of the c~hasbeen constructed and is nos in opevutiso. At the present tlwe*mpn~y is not available for lighting this field, the estimated cost of uhJch is 2. Shelter be built to replace deteriorated shelter on top of hill. Also ~qsent shed and toilet facilities be put in proper repair; and mov~ entrance to toilets to rear Of shelter. The shelter should be replaced but preferred study would b~ to replacing it with · pfcnic-rentrccm type structure that would serve the ahletic field and the tennis court on,the north side. Estimated cost $17.000. Funds are not ailo~ted ut tbJs time. A request for improvement of the present toilet facilities ~as included in the proposed budget for buildlnos and properties for 1970-71. 3. Permanent lights be put in various areas of the park to laminate park area in general. Additional lighting is needed 9enerallly in the park and at the present there are still some limited funds for park light- ing within the submitted 1970-7l budget'. 4. Bushes and qndanted shrubberies (on north hill) be removed or thinned out (this is a valetF factor). The dcpartaent is snare of this sod it is scheduled to be h~ndled in June of this year. $. ?b~ mam~o~ l'h~t~rl~e~'~l:]'- ~ feet eboye greuad be treated to avoid n olav hazard to yonager ohildvea. This item is being referred to th? Pn~llcWocka ~. Meaqave'n be 'tak~e'~ t'o ~ak~,{~B~u~oo~a'adequs~e ia~bo~h size nad ~anitarT; and dressing (aeili~ien.accordle9 to hauber of persons asian pool. This IS I snarer that peri,ps is associated Mlth the City Council's Sulmmlsg Pool Committee aid the report that thet committee has submitted. The pool ia Washington Perk is, of course, aaa eased or operated br the Cil~ ced itc design sod size uss based os fends mveilsble to Total Action Agtinst! Poverty nt the tine of its construco 7. Tre~ be checked and trimued uhere necessary to prevent possible fallin~ qf dead sections or iiabs. This mark has been completed in the spring maintenance progrs~ EUREKA PARK~ 1. flisehall diamond needs tO be cons'tracted and lig'bted ulth bichstop. This mas recommended ia the 19~0-?1 budget at sa estimated cost $5.000. 2. Hashetbnll court be lighted. This wes recommended and in still con- tained ia the 19YO-TI budget et an est)Bated cost of $1,00D. community includin~ bathhouse facilities? Check graduation 'of sadden drop in depth of water from 4' to 8~ in approximately 10' of pool space. The sane coement uould apply to this nulBmi~ng pool ns to the comment under Washiagtoa Pick. 4. Trees be checked.and trimacd where dead branches ave hangfn9 as needed in the treaded schedule of the tree trimming creu under the department. It uill be given attention during the cauls9 summer $. Take action to eliminate broken 91ass from play area and secure trash purchased out of the present budge~. Bro~eu glass has been a 'tinning problem fn Eureka Park end wn~ the subject of e sepsrste report several months ago to the City Council. A number of methods have been ex~erimeated with to tr~ to remove broken glass and we hope to unhe some overlal of dirt to minimize the situation but the main difficulty is a method of curtailing the continuing breaking of glass in practically all areas of the park. (traffic hazard) This blockade has been secured three times up to the present. It is planned to go back and concrete the poles. STAUNTON AVENGE PARK 1. Construct bazeballdiamond for use this summer with backstop and liqht$ if any possible. A backstop for playground play may bo established here but the park Is not big enough for a regular diamond. 2. Fence in park area. Had been recommended in the 19?D-TI budget. Feace is needed es the park land faces street on three sides. 3. Kote play,round equipment faf children. This playground equip=ent is needed but not aYal]able and was recommended in the 1970-71 budget. 4. ~;ash receptacles In convenient area;. Trash receptacles, can be *purchased from the current' budget. ' ~0UTH ROANOKE PARK 1. Constkuct liqhted basketball court. In considering the general scope of needs, it is believed that a basketball court in this park could be delayed for active handlino for another year. HIGHLAND PARK 1. Replace burred out toilet and shelter facilitieq. As previously and the buildings end grouods division mill try to have this facility replaced b~ early in the playground seasoa. 307 2. 3. 4. 5. WOODRO~ · LSO P~R~ (Raleigh Court Perk) Erect tigb~,'oa'bs~i~/~J'o~d~'Sugges~ioos ti the past for lights ca this baseball field hove'dream 'objections from the neighborhood lighti ag this field.''~ - ' HURT PARK Construct end ligk~ bi~ebsll diamond. It is *felt' that this ares Is too smell ~or this t~pe of recreation facility. Construct and ~lGkt bnehetbnll court. A lighted basketball court mould be highly desirable and wes'submitted is the proposed .budget at an estimated cost o! $1o500. -. Construct adequate toilet and shelter facilities. The estimated cost of such a ~acllity mould be approximately $17,0o0. install plaFground for small children. There is no plolgroned equip- went for snail children available math the estimated cost 0~ $1,000. RrJnq swimmin~ pools up to city and state standurd~,' The same comment mould apply to this suimming pact as to the pool under Wathtngton Path. ROLLI~S PARK Do a stud! as to use that th'is park gets from residents to determine improvements to be dcne~ This is by ~ar the most run-down in the Clt~. The building containing~the restrooms need repairhg and this worh ~d been included in the proposed departmental budget fo~ buildings and grounds far 1910-71 but was deleted. There is at the present a surve~ under ma~ of this part as to its present and potential publi.c use and ns to the extent to mhich improvements would be merited. COHBENTS playqrounds in the city. Also suggest each part be brought up to that standards for each of 'the parks and plalgrounds are desirable. A listing of the stsndn'rds sought for in each of the parks and plsl- grounds would be s desirable undertaking. Something s~uilar, to this About three ~ears ego a report was subuitt.e'd to s special committee of the Council at mhich time supplemental funds were appropriated for some additional park wort. The controlling factor, however, has been largely the funds that ~bave been obtainable Jn each of the annual budgets. I believe that annually, perhaps up to the coning year, there has been*a fairl! steady and sound-expansb~ of the par¥ improve- ment s~stem by the addition of f~cilities end equipment.' Other than those who mark directly with the budget or in construc~on, these additions and improvements are scarcely noted by nasa of the citizenry other than those who might go directly to a park and use a particular facility. There have been one or nora planning department studies Of the parks and, as earlier stated, the initial department budget for 1970-71 mas an effort to encompass park* and plalgroand items months. ~e can derelop such a listing and believe that it mould be One major item that the Community Relations Committee did not mention i~ its report, but of which I sm sure it.was aware, is the n~ed for improvement to the upper l~vel of Nashington Park. This Is geared unculvert portion that it flows t~rough! the park, thereby le¥~ling iupro~enent and ~velopnent' of this area nith needed facilities. The cost of this enclosure is estimated at about $45,ODD, but it has Again, the interest of the Community Relations Committee is bppreci- ated and if we can supplement this report in on! way, we mould be glad to do so for City Council or others. Respectfulll submitted, S/ Julian F. Hlrst Julian F. Hlrst City Hanager' Mr. T~..es moved that the matter be referred to 1970-71 budget atudye The motion uts seconded bl Mr. Wheeler and unanimously adopted. COUNcIL-cITF MANAGER: The Cia; Manager aabmitted'e erittea report mitring tabulation sheets on matters referred to him for handling. Mr. Wheeler moved that the report end tabulation sheets be received and filed. The motion ess seconded by Hr. Thoeua and unanimously adopted. REPdRTS OF COM#ITTEES: NONE. t~FIh~I~EDaDSINESS: ZONING: Council having deferred action on e report of the City Attorney lin connection sith the request of Mr. John B. Frye. et ax.. that property located on Morrill Avenue. S. E** described as Lot 9, Block 15. Settion A. Buea~ Vista iLaod Company. Official Tax No. 4141619. be resorted from R~. Duplex Residential 'OJstrf to c-l. office and Institutional District. the caLLer sas again before the body. In this connection. Hr. Murray A. Broiler. Attarney. representing the petitioner, appeared before the body and urged that the request for resorting be grant ed. After a discussion of the matter. Mr. Wheeler saved that Council concur in the recomseadatiunuf the City Planning Commissian that the request ~r resorting be denied. The motion sas seconded hy BF. Lisk and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. I~TRODUCTION AND CONSID~ATION OF ORDINANCES AND RESOL~I ONS: ZONING: Ordinance No.' 1~197. amendin9 and reordaining a subsectioni of Section 9, C-1, Office and Institutional Districts. Article IV, Chapter 4.1, Title XV. relating to Zoning. of The Code of the City of Roanoke. 19~6, as amended, pro- viding certain dittrJct zonin9 regulations and autborizin9 certain ~pecial exception after public notice and hearin9 by the Board of Zoning Appeals with respect to the of properties located in C-I. Office and lflstit~tional Districts, havino previously been before Council for its first reading, read and laid over; sas again before the body, Mr. Nheeler offerJn9 the follo~in9 for it~ second readin9 and final adoption: (~19197) AN ORDINANCE amending and reordainin0 a sub~ection of Sec. 8, C-I Office and Institutional Districts, Article IV, Chapter 4.1, of Title XV, relatin to Zoning, of the Code of the City of Roanoke. 19S5. as amended, ~hich subsection )rovides certain district zonin9 regulations and authorizes certain special exception tfter public notice and hearing by the Board of Zonin~ Appeals with respect to the use of properties located in C-I Office and InstJtut~al Districts. (For foil text of Ordinance, see Ordinance Book No. 34, page Mr. Wheeler moved the adoption of the Ordinance. Tae'~otJofl was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Boswell, Ltsk, Perktnson, Thomas, Trout, ~h~let'and Mayor ~ebbet ...................... NAYS: None ....... O. ~309 ZONING: Ordlnooce No. 19198, reaoeino prop~t7 locsted betueqn Chupmsn Avenue cad Campbell Avenue, S. M.. described es Lot 1, Dleqh O~ ~lsbburn,Plcee, Of]fo]el Tax Wa. ]11290]. from RG-2, Oesersl gosidentiul District. to C-2, General Coumerciel District. having preriously been before Council for i~ first reading. read and laid over, uss cgsfe before the budy, Mr. Wheeler offering the.follow Jr for its second Imding end final adoption: (~19198) AN ORDINANCE to amend Title XV, CAmpier d.l, Sect]on 2, of The Code of the City of Roeeoke, 1956, es amended, and Sheet Wa. 111. Sectiooel 1966 Zone Hap, City of Roecohe, ia relation to Zoning. (For full text of Ordinance, see Ordinance Daub No. 34. page 309.) Hr. Wheeler moved the adoption of the Ordinance. ~he .u~ lam mas seconded by Mr, Trout end adopted by the follomhg vote: AYES: Ressrs. Bosmell. Perkins on, Thomas, Trout, Nheel~ end Mayor Webber .................... NAYS: Hr. Lisk-l. TOTAL ACTION AGAINS~ POVERTY IN ROANOKE VALLEY-SCHOOLS: Council huvimg . directed the City Attorney to ~epare the proper measure designating Mr. Byron Haunt. Assistant City Manager, us a representative of the City of Roanoke on the Board of Directors of Total Action Against Po~erty in Roanoke Valley for the 1970-71 fiscal year. he presented same; uhereupou, Mr. Wheel er offered thc following Resolution: (31~210) A RESOL~ION designating Byron E.. Haner, Assistant City Manager, as a representative o! the City on the Beard of Directors of Total Action Against Poverty in Roanoke Valley for the 1970-71 Fiscal ~ear. (For full text of Resolution, see Resolution Book Wa. 34., page 311.) Mr. Wheeler moved the adoption of the Resolut~n. The motion mas seconded by Mr. Thomas and adopted by the follouing vote: AYES: Messrs. Link, Perk]usaa, Thomas, Trout, Wheeler and Mayor Webber ............................... NAYS: Mr. Bosmell ......... 1. ACTS OF ACKNOWLEDGEMENT-PARKS AND PLAYGROUNDS: Mr. Lisk offered the in9 Resolution formally accepting the generous 9irt of u trained elephant for Children's Zoo atop Mill Mountain and extending the appreciation and gratitude of the Council of the City of Roanoke to Mr. Gunther Cabal-Williams and to Ringling Brothers and Barnum and Bailey Circus for said gift: (~lq211} A RESOLUTIO~ relating to the gift of an elephant to the Children Zoo, on Mill Mountain. (For full text of Resolution, see Resolution Book No. 34. page 312.) Mr. Link moved the ~optlon Of the Resolution. The motion mas seconded by Mr. Thomas and adopted by the folloming vote: AYES: Messrso Boswell, Lish, Perkinsou, Thomas, Trout, Wheeler and Mayor Webber .......................... 7, WAYS: None ................. O. nOTIONS AMD MISCELLANEOUS BUSINESS: ' COMPL~I~r~s-P~KS. AND PLAYGBOUMDS: Br, 3elf PoOh, 2616 L:cugriew Arcane, $. W*~ sp~ecred'befer~ ~o~nCil end complelued ebont the unusual rgdcsess ef police officers toward persons using Fiahbure Park, unjust sad swift ticketing of perked cars Is the path, qgcqsetions,or disturbing,the pee~e, unjust cctloes or police officers enforcing the 10:00 cnrf~w end the.geeerol unfairness end rrm t~ent of police officer~. : After · disctsslon Of the wetter~ Ms,or Webber advised that the complaints voiced by Mr. PoOh will hqve to be put into uti%lng before Council can take uny official action thereon end requested that the couptaints be put into writing to/that th~x_msy ~e pleced.o~ ~he ·geed· of ~oeacfl.et · future meeting. At Thiq point,,#r. Trout left,the meeting. POLICE DEPARTMENT-JUV£MILE AND DOMESTIC RELATIONS COURT: The City Cierh Teported that Brigadier Genera! LonnJe Knight has qualified as a:meeber of the Youth Commission to fill the unexpired term of Major James D. Hipps, resigned, ending 'April 3~, 1971; that Reverend F. E. Alexander has qualified for a 2.year term ending April 30,.1~72; that Mr. W~yee B. LaPierre has qualified for · 2-year term ending April 30, 1972; that Mrs. A. B. Camper,has qualified for a 3-year term.ending April 30, 1973; that Mr. Leighton H. Malay has qualified for a 3-year term ending April 30, 1973; and that Mr. David E. Lisk has qualified for · 3-year term ending April 30, 1973. Mr. Perkiuson moved that the report be received and filed,~ The motion was~.a~conded by Mr. Boswell and unanimously adopted. There being ~o further buciness, Mayor Webber declared,the meeting udj ourned. APPROVED AYTEST: Mayor :311 COUNCIL, REGULAR MEETING, Woaduy, Juse ~, 1970, The Couseli of the,City of Roanoke met In regular meeting la the Counoil bomber in the MuuicipulSuilding, Monduy,.June Od 1970, at'2 p,m,, the regular hourb with Mayor Mebber presiding. PRESENT: Councilmen John M. Boswell, Frank and Mayor Roy L~ Webber ....................... 4. ABSENT~ Councilmen David K. Lash, James O, Trout, and Vincent 3. (FFXCERS PRESENT: Mr, Jalian F. Sirst, City Manager, Mr, Byron E. Ran*Ti City Manager, Mr, James.N, Kincanon, City Attorney, and Mr, J. Robert lhomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Robert ~radley~ Pas'tortMesthanptou Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, any 250 '1970~ ~aving been furnished each member of Council, on motion of Mr, Perkinsot seconded by Mr,, Thomas and Unanimously adopted, the reading thereof was dispensed sith aAd the minutes approved as recorded~ SEARI~G O~ CITIZENS UPON PUBLIC MATTERS: AUDITORIUM-COLISEUM: Pursuant to notice of advertisement for bids on two automatic floor scrubbing m~chines and one heavy duty ~et-dry vacuum cleaner for the ~oaeoke Civic Center, said proposals to be received by the City Clerk until 2 pom** Mondayt June S, 1970, to be opened at that hour before Council, Mayor Kebber asked if anyone had any questions about the advertisement, and oo 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 folloming bids: Naqe Item No, ~ Item No. 2 Holland Wax Company no bid ~246,72 Blain Supply Company, Incorporated $2,~60.00 Milliam P, Swat*st Jr. ~ Company, Incorporated 3,032,40 343.20 American Chemical company, Incorporated 3,590.00 299.95 Milmar, Incorporated 3,032.00 298.62 Southeastern Skate Supply 3,927.80 294.U4 Overby Associates, Incor- porated 4,071o50 352.40 ·htte Spot Supply, Incor- porated 4,140.00 '.380°40 Mr. Perkinsoo moved that the bids be referred to'a committee to he appoint*. by the Mayor for inhalation, report and recommendation to Council, the City Attorney to prepare the proper measure tn accordance with the recommendation of the committee. ~he motion was seconded by Mr, Thomas and unantmo~sl~ adopted. Rayor ~ebber appointed Messrs. Byron Eo Hamer, Chairman, Howard Eo Rod*old, W. Chappelear, Jr** Frank N. Perklnson, Jr**' and John A, Kelley as members of the committee, ~ : AIRPflRT~ Pursuant tO notice,of advertisement for bids for operating under a lease from the City of Roan*he mith a~ihtioe fuel service basle.aa nad certain related services ut Roanoke Municipal (Woodrnm) Airport, said proposals-to be receive by the City Clerh until 2 p.e., Monday, Jane O. 1970, and to be opened at that hour before Councils Mayor Webber asked if anyone had any questions about the sdvertisemet and no representative present raising any question, the Rayo~ Instructed the City Clerk to proceed with the opening of the.bids; whereupon, the City Clerk opened and read the following,bids: Aviation , Aviation Gross Monthly ~ame Gasoline Turbine Fue~ ~ecelets Piedmont Aviation, Incorpoated 2 l/2t p.g. 2 l/2t p.g. 10 per cent ' Frantz Flying Service, Incor- porated 2 0SlOe p.g. 2 8/10t p.g. 10 per cent American Air TranspOrt, Incor- porated 2 l/2t p.g. 2 1/2~ p.g. 15 per cent Mr. Perkinson moved that the bids be referred to a committee to he appoint 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, Thomas and unanimously adopted, Mayor Webber appointed Messrs. Byron E. Hamer, Chairman, Vincent $. Mheeler, Marshall L* Harris, Samuel H, McGhee, III, and James ~. Rincanon as members of the committee. MAHER FIELD: Council having adopted a Resolution approvin9 and directing the payment of the cost of night lighting and services of officials at baseball games at Maher Field between teams competing in the American Legion Baseball Program for the 1969 season, Mr. Marvin G. Peterst 6th District Athletic Officert The America Legion, Department of Virginia, appeared before the body and requested that the same arrangement be established for the American Legion this year. After a discussion of the request, Mr. Thomas moved that the matter be referred to the City Manager for studyt report and recommendation to Council. The motion was seconded by Mr. Perkinson and unanimously adopted. PE~XTXONS AND COMMUNICATIOn: STREET LIGHTS: A communication from the Appalachian Power Company, trans- mit*log a list Of street lights installed and/or rmoved during the month of May, 1970, was before Council. · Mr. Thomas moved that the communication be received and filed, The motion was seconded by Mr. Boswell and unanimously adopted, BUDGET-SCHOOLS: A communication from Mrs, Ruth Po Pomell, Corresponding Secretary of the Breckinrldge Junior High School Parent*Teacher Association, advisin~ that the Breckinridge Junior High SChool would like to go on record an supporting th~ ~reposed 1970-71 school budget, Mas before Council, In this connection, Mr. Max Burmah, Co-President of the Roanoke City Centrl Council of Parents, Teachers and Students Association, appeared before the body and reqoested that sufficient money be Included in the 1970-71 budget to provide for 313 adequate malntea··ce and upkeep of the schools, improvements usd betterments therein, ins*rattle·el equipment ·nd adequate sol·rios for toucher· to male*elm · good pupil- teacher ratio. Hr. Thomas moved that ~he regueats b~ referr~ ~e 1970-71 bad,et study, The motionwss seconded by an. Boswell and unanimously adopted. BUBG~T-SCHDOLS~ A eommu~icatfon from the Seen*he City School Hoard, questing that $10,000.00 be ~ransferred-from Personal Services under Section ~20000 'Schools - Instruction,t to Persoo·l Services under Section ~1000, USchools - Specie: Instructione' of the 1969-70 budget, to provide funds for ~uitlon-free summer school those ·tridents repeating courses not successfully completed in the 1969-70 school session, was before Councll~ ' ' Hr. Boswell mo~e~ that the request be referred to 19'(0-71 budget stud~, The motion mas seconded b~ ~r. Perhinson'a~d unanimously adopted. SEWERS A~D STORR DgAI~S: A Resolution adopted by the Roanoke ~ounty Board of Supervisors, requesting that the contract betma~ the City of Roanoke and the Count ~f Roanoket dated September 28, 1954, de~ling with the treatment of domestic and commercial wastes, be a~eBded by adding thereto a 12.H55~acre tract of land designated prope~ty of Garden Development Co~poration~ mas before Council. Mr. Thomas ~oved that th~ request be ~eferred t5 a committee composed of MeSSFS. Hampton ~. Thomas, Chairman, Vincect S. Rbeeler and Julian F~ Hirst for study~ report and recommendation to Council. The motion was seconded ~y Mr. Perkinsou and unanimously adopted. RADZO'~VZS~ON: A communication fro~ Mr. Clarence E. Pond, tenderl~g his resignation ~s a member of the comnlttee appointed ~o study t~e q~estinn of permittin! the construction of a Community Antenna Television System In the City of Roanoke, ~as before Council. Mr. Perktnson moved that th~ re~ignation be accepted with regret and that the City'Clerk be directed to transmit a communication to ir. Pond expressing the appreciation of Council for his services. The motion was $~conded by Mr. ~homas and unanimously adopted. ' BUDGET-STATE COMPENSATION BOARD-COMMXSSXO~ER OF TBErREvE~uE: A communlcati, from'the State Compensation Board tentatively fixing the salaries and expenses of the ~ommissiouer of the Revenue for the fiscal year ending June ~0, 1971, was before* Hr. Thomas moved that t~e communication be referred to t~e 1970-71 budget study. The motlo~ was seconded b~ Mr. Bosmell and unanimous~y adopted. 'BUDGET-STATE COMPE~ATIO~ BOARD-CITY TREASURER: A communication from the State Compensation Board tentatively fixing the salaries and expenses of the City for the fiscal year ending June 30, 1971, wa~ before Council. Mr.'Thomas moved that thc communication be'referred to 1970-71 budget study, ~he motion was seconded by Mr. ~oswell and unanimous ly adopted. BUDGET-STATE COMPENSATION BOARD-CITY SERGEANT:, A communication from the State Compensation Board, tentatively fixing the salaries and expenses of the City Sergeant for the fiscal year ending June 30, 1971, was before Council, Mr. Thom~s moved that the communication be referred t? 1970-71 budget stud The mo%los mas seconded by Mr, Boswell and unanimously adopted, BUDGET-STATE COMPENSATION HOARD-COMdON~EALTH*S ATTORNEY; A communication from the State Compensation'Board, tentatively fixing the s~larfe~ and expenses of the Commonmealth's Attorney for the fiscal year ending June 30, 1971,.mas before Council, In*this con~ection, a eoa~aaloatlon from Mr. Samuel A, Garrison, Commonmealthss Attorney for the City:of Roanoke, transmitting n proplsed revised 1970-?1 budget for bis office, advising that the budget requests submitted on March 17, 19700 have been changed in view of certain d~isions made by the State Compensa* lion Board regarding appropriations for the share of the state of the salaries and expenses for his office, was also before the body, Mr. Thomas moved that the commanlcations be referred to 1970-71 budget study. The motion was seconded by Mr. Boswe!l and unanimously adopted. PLANNING: A communication from Senator Harry F. Byrds.Jr., adv~ lng that a study of the Upper Remake River Basin c~n be authorized by a Resolution of the Senate Public Works Committee, tint it Is his uflderst~dlflg sacha Re~olatlon presented to the Public Murks Committee and that he has ~ontacted the Chairman of said Committee endorsing' this measure, mas before Council, Mr. Thomas moved that the communication be received and filed. The motion was secooded by Mr. Boswell and unanimously addpted. REPORTS OF OFFICERS: SEWERS AND STORM DRAINS: The City Manager submitted a written report transmitting the folloming communication addressed to Mr. Jo~n R. Miller, Real Estate ~ppralser and Consultant for American Motor Inns, Incorporated, concerning a summary for public sewer service for the Holiday Inn unit to be constructed by American Motor Inns, Incorporated, in the northwest ~uadront of the intersection of Interstate Route S§! and Virgl~a Route 117:' UJune 4, 1970 Mr, John H. Miller Real Estate Ap~raiser and Consultant Shenandoah Building Roanoke, Virginia Bear Johh: This is written in summary of our conversations over the past tee days Or so regarding the matter Of the provisiou of public sewer service for the Holiday Inn Unit being constructed by the American Motor Inns in the northwest quadrant of the in- tersection of Interstate 581 and Virginia Route 117 (Peters Creek Road). In this period of time, you have also talked with personnel ~f our engineering department and, as I advised you, Rt. Lothar iermelstein, Planning Director, Hr. Jim laylor, engineering department, and I met with Mr. [arran Mingfield and Mr, Richard quick of Arrow Wood Country Club as to questions which they have had because of the physical relationship of the Country Club property in the matter. 315 resolution dated Rovember 27, 1960,-~requested of-the City of Roanoke the e.eadieut of the Cou,ty~Cfty Seulge',Trehtmeet Con- tract to provide'for the inclusion of.n 27,20 acre tract of land in the uorthweat quadrant o! Route 501 8~d Route liT. This acreage was designated as bolng.the property of Hilly H. Branch and others. The reqseut for the'eccofwodetl0a of the area waald logically be assumed to hove originated with the property owners who followed proper chuunel through the County Bourd Of Supervisors, Custnmar~ ~dy then,followed, The Roa nohe City Council by Resolution ag, 18609 dated April 28, 1969t authorized the acceptance of that area its addition to the semuge treatment service area of the City,, This,resolution was forwarded to the Clerk of the ~oard of Superr~ra on Ma7 2, 1969. with a copy to the County Executive Officer. The reselmtinn established three conditions to be provided by the County for this particular service nreao These conditions were ns folloms: Instnilatiou of two (2) short segments of parallel eight inch (6') lines below Route il? to reline critical points: ih) Xnstallotlon of special holding tanks to discharge gradually into Llch Bnn interceptor until relief linc~ can he provided; and lc) Adequate metering facilities for measuring the quantity of wastes delivered to the City from each said new area. Condition lc) is standard within these resolutions of agreement., Xt is aS to the conditions la) and lb) that:we are concerned with at thit. point. I attach a small reprint of a map of a portion of the A~row Mood Country Club shying the sewer lines as exist on that property. Coming from the City, there Is a 2d~luch sewer line from O~auge Avenue to the Fairlaud area. The City then built several yaara ago an 18-inch line to Ferncllff; thence there is a 12-inch line reducing to an 0-inch line generally paralleling Interstate 581 northmard to'the interchange of 581 and 117. This line is marked as 'B# on the attached sketch with a termination point at point 1. It was understood and developed'during the tine that the request for the Cohnty for a resolution was under consideration that the Bra~ch property wished'or preferred to have connection at point 2 which Is terminus of Il'ne #CU. Line ac" hud been designed and cbustructed as solely for the service of single family residences in accor- dances with the layout of that area of the Arrow Mood Country Club property. As a result a portion of line eCU of approxi- mately 400 feet and as marked In red does not have what is considered to be adequate grade or fall to safely handle the increased volume as mould result from the Holiday Inn installation. Such flom could be adequately accommodated in line #H~ and line nba hsd been originally contemplated as theprimary drainage line for drainage area Of Lick Run. Accordingly, with the proposal of connection to point 2, condition la) hod*been imposed requiring a section of paroll~ 8-inch line,,again as marked In red. The requirement of the holding tank re~tes to limitations on our interceptor system further down within the City. A current major construction project has improved the capability of what me term the Lick Run line southward to Orange Avenue. Oar problem is between Orange Avenue and approximately Rllllamson Road and Tinker Creek. The construction of this line is approximately two years off and will be related to the widening and improvement cf Orange Avenue, Thus, as we would have to do io other irntance$,,the holding tanks mere determined advisable. Me heard nothing further Of this matter until very recently with the initial recent question being as to what Is understood to have been a pr oblom he*mean American Motor Xnns and Arr ow Rood County Club as to on easement of approximately 150 to 200 feet to enable the crossing of the extreme north area of Arrow Wood to make the connection at point 2 on the attached sketch. Asian alternatol~wo~wero:adrlled=that Auerioaa Motor laps proposed to Install ~ pauplag station-and tbweby pump the semage westward oyer:a:rJdgo~aad Into+the Peters_Cr~ek.dralaage~bosla, Ne have objected to this ge the grounds that the orderly ho~dling of sewage waste should be.to confine discharge to. the:respective drainage basin within which the 6riglcating soarcea are located. Calculations or volume capacity are geared to anticipated use requirements and in turn design standards are established. Th~'~lty ~as dbn~d.tmo' requestS' to my. heobl~e~b~th I believe-fa-southwest oouatyt where puuplng into nlteeaatedrulcege basins has bees proposed by.devel0p~r~.rather than their constructing the approprlate~.oetfull~liaes, ~he coUencement or permission for such interchange of drainage bosias~ thcs in our administrative opinion, represents~problema:of control and reaemoble standards of design, Ne are conscious of the recent controversy within the County..and particular Ip the Oak Grove ares where differences in line design and constructed volumes have presented considerable concern. The Link Run ~iee as conneo~ed up through the Arrow · ood propertye and being Line uHu on the attached, is adequate for the Holiday. Inn, In meeting with the representativess as stateds prAetor Need Country Club, I believe that we satisfactorily assured then that the addition of. Holiday Inn to the sewer ~lom would not Jeopardize their property developmeet within the general limits as new reflected on plans cuFrently~ln our files. Ne understands ~thln the last couple of dayst that Arrow load has raised question as tS the lnconven~nce to their property of the segment of an 8-inch tine as required to be constructed, As an alternate, I believes me have suggested the possibility of American ~etor Inns connecting at point 1, Ne fplly recognize the tine element as is concerning American Motor lens,and their contemplating completion date of the Hater Inns. I also understand that you have only recently become associated with this matter. Ne would express our fell interest end cooperation in every way that we can with American Hater Inns in their program of expansion and in support I would wake note of the Cltyts provision north of Salem of au agreement for public sewer u~imately treated by the City for the Holiday Inn built there aboet two yeprs ago. However, I would make ogre of the date of the Clty*s resolntlon on this particular area north Of Route Il? and that the County, and we believe in turn the property owners, intended to come the Lick Run route and were aware of the conditions. Perhaps the overriding point is,our a~mlnistrative concern of the matter of substituting drainage basins. Ne appreciate your assurance that this would bc only a temporary ~atter until other things could be worked out but this would hinge On a number of things. Accord- ingly, I have indicated to you that we could not be acceptable to the pumping proposal, If I can furnish a~ything further in connection with this, we certainly would be glad to do so and X acknowledge the courtesies of your associates with us in this matter. Sincerely yourn~ S/ Julian F. Htrst Julian F. Hirst City Manager* In this connection, Mr. Hen M. Richardson, Attorneys an~ Mr. John H. Miller, Real*Estat~ Appraiser and Consultant for American Motor Inns, Incorporated, appeared before Council In support of the request gl American Motor Xnnss Xncorporat a~d advised that A~erJcan Motor Inns is proposing to install a pumping station On their proper~y and t~ereby pump sewage over a ridge and into the Peters Creeh dralna* basin, homevers the City Manager has objected to'thin arrangement on the grounds the the orderly handling of sewage waste should be to confine discharge to the respecttr drainage basin mithin which the originating sources are located. · After a lengthy dlsnussion, of the matter, hayer Nebber advised that before Council can take any official action on th~ matter, a similar request will have to b on file from the lm make County Hoard of Supervisors. 3~.7 Mr, Thomas then noted that tho Batter be taken under advisement pending a similar request from the Roanoke County Board cf Supervisors. The notion nas seconded by Mr. Perkinson and unanimously adopted, AIRPORT: Council having referred to the City. Manager rot the purpose or negotiating an equitable lease arrangement with Piedmont Airlines, Incorporated, ia connection with a report of.a committee ~p~ointed to tabulate bids received on constructing an air cargo building at Rmnoke Municipal (Wo~drum) Airport, lng that all bids be rejected since the committee reels the proposed structure shoal be leased at an annual rental of not less than $4.00 per square foot for a period of rive years and Piedmont Aviition, Incorporated, has indicated e willingness to lease this facility at an annual rate of not more than $2.7~ per square foot for a period of ten years, the City Manager submitted the following report advising that ten year lease is proposed, that unit rates will apply through the ten lear period except that the payment or contribution by Piedmont Avl~,tlon, Incorporated, toward grading and paving will extend only for the first five years and that this nets $1.35 per square, foot per year over a ten year period: URoanoke, Virginia June O, 197o Honorable Mayor and City Council Roanoke, Virginia Gentlemen: This is to su~itement the item placed on your Agenda for .June 8, 1970, It is recognized City Council perhaps ca,not act on this bn June O becmse of tt/~ procedure of advising you but you may wish to have this time to consider the matter prior to your next meeting. The Council received on April 20t 1970, bids for the construction of a cargo storage and handling building at the Municipal Airport. Low bid, or seven received, was by Hodges. Lumber Company in the amount Building $39t975.00 Grading and Paving 7.780.00 Total $ 47,755.00 The Bid Review Committee*s report to City Council on May 16, 1970, detailed the analysis of the bids, The bui~ding'aad related areas will be used by the air- lines with the Clty*s'lease or occupancy 'agreement to be with Piedmont and Piedmont in turn making arrangements with Eastern, There have been no funds appropriated for the construction. This is one matter to be acted upon if City Council wishes to proceed with.the project, The contractor has agreed by letter to extend the date of acceptance of his bid to June 15, 'The matter mainly delaying action has been reaching satis- factory agreement with Piedmont Airlines on rental or lease terms. The i,ll,ming proposal is submitted to the City Council. The matter has beon rer~i~ed with Councilman #heeler, Chairman of the Airport Committen. This is the result cf discussions with Piedmont Airlines mbo are in agreement and are forwarding written confirmation of their intended agreement. ~be proposal is for Individual rental prices to be applied to the office area within the building and to the mar,house or storage area in the building. In addition there are roof overhangs co the west and east sides cf~the structure, for corered loading ureas, and a rental rate would be applied. Further a set amount would be applied toward the grading and~pa¥1ng of loading, parking and freight truck driveway areas, A ten-year lease is proposed, Unit rotes would apply through the lO-year period except that the payment or contribution by Pled- moat toward grading and paving would extend only rot the first rive Units pricese areas and totals are so follows: Office Area - 403.25 sq. ft. t $3,2~ per sq. rt~. = $1.57o,56 · arehoese Area - 2635.22 sq. rt. · $2.35 per sq. fi, ~6,192,77 Overhang Area - 1545,75 sq. ft. ! $0,50 per sq. ft.-* 774.36 Paved parking area - · $75,00 per month ~ 900.00 Annual rental i~come lot 5 years Total rental 1st 5 years Annual rental 2nd 5 years: less paving ' $9,437.11 $9,437.71 6,537.71 6g,877.10 4~,122.10 4,212.21 Total rental 2nd $ years Total. less construction bid DIFFERI~CE average per year - 10 years Applying square footage of building only: Office area 483.25 sq. ft.. ~arehouse ~.635.22 sq. ft. Total 3,11U.47 sq. ft. This building square footage divided into the figure of $4,212.21 per year~, nets $1.35 per sq. ft. per year over a lO-year period. Maintenance will be very low with only anticipated item of significance being repaying of paved areas in about 4 years. Fire ins trance on the structure is calculated anoually, at present retest at $51.57. The above is cm sldered to corer land rental value as mig~t be added in.. Piedmont mould assume cost of utility billings. As to source of funds it would be proposed appropriation be made of $47,755o~0 plus ~ for contingencies or total of $50,142.~5 from capital funds appropriated to the, terminal account. City Council has made supplemental appropriations from the General Fund to this account adequate to ~over this and over and above the origiaal bond fund allocation. Respectfully submitted, S! Julian F. Hirst Julian Fo Hirst City Hen~geru Mr. Thomas moved that Council concur in the report of the City Manager and that the matter be referred to the City Attorney for preparation of' the proper The motion wes seconded by Mr. Perkinson.and unanimously adopted.' BUD6£T-CXRCUXT COURT: The City Manager submitted the following report trane mittfng a request of the Judges of the Circuit Court that they be permitted to replace the existing rostrum and platform and install a new three Judge bench and platform in the Circuit Courtroom, in an amount of approxiuately $850.00, after Council moves into its new quarters in the Municipal Building Annex thin su'mmer: ~'319 '~oanoheo Virgicln June 8, 1970 Honorable Mayor and City Council Roanohe, ¥ivginia Gentlemen: Jlth~the'antfoJpat~d. mov~ th~a. aum~er to tie new Municipal &snex, the. Circuit Court room presently utilized by Council rot their meetingswill rem rt to a full time Circuit Court room, After City Council motes the Circuit Court Judges mish to replace the existing rostrum and platform and install a hem three Judge bench and platform, The present mobile platform that holds seven chairs will continue to be used as Is nnd five additional chairs will be placed on the floor la, front of this mobile p~itfrom to enable seating of 12 Jurors. City maintenance personnel have uorhed with the Judges to determine exactly how the revised rostrum or bench should be constructed. After preparing the attached shetches they determined the estimate cost to be $850.00 to construct this bench of the materials selected by the Judges. This matter is referred to City Council for their consld~a- tion and possible appropriation of SHSO to authorize construction of this bench for installation when City Council mores to the new building. . Should Council decide to appropriate the funds they should be appropriated to Building Maintenance 64, ObJect Code 28, Raintenance of Buildings and Property. Respectfully submittedt, S/ Julian Fo Hirst Julian F. HiFSt City Manager" Mr. Boswell moved that the request be re'erred to 1~70-71 budget study. The motion was Seconded by Mr. Thomas and unanimously adopted. . TAXES: The City Manager submitted the following report advising that he has been contacted by representatives of firms within the area who are distributors of bottled or propane gas, that they are raising the question a~ to. mh~er or not their business should be subject to both the utility tax acd the sales tax and requesting that Council give the matter consideration and recommending that an opinion from the p~oper parties be solici~d for advice to Council: "Roanoket Virginia June 8, 1970 Honorable Hayor and City Council Roanoke, ¥1rginia Gentlemen: ! have been contacted by representativ~ ~f firms within the area who are distributors of bott~d or propane gas who raise a question as to their business being Subject to both the utility tax and the sales tax. They state that it was their understanding that when the City laitallly established the utility tax their business was included because of it being considered ss directly competitive with utilities provided or distributed by public Hhen the City*a sales tax was effected this was not imposed on their business until the State sales tax which was determined aS being applicable to this basiness. This places a 20 percent plus 4 percent or a total of 24 percent direct tax on the sale of their product. Insofar as is known this is the only example of this and it is their opiniSc that they would either fit in one category or another hat could cot be classified as subject to both. This fs submitted t6 the City Council inviting 7our con- siderntiou that I might reply to these representatives and rec- cowmending that on opinion from the proper parties be solicited for advice to the Council. Respectfully sabwlttedo · 4/ Julian F. Rlrst Julian F, Hlrst CitT Manager' Mr. Hosmell moved that the matter he referred to the City Auditor and the City Attorney for ~tndys report and recommendation to Council, The motion was seconded by Mr. Perhioson and unanimously adoptedo The City Manager submitted a written report transmitting a communication from Mr, Jeff Pughs complal~fog of the treatment o! police officers of groups of young people congregating ia Fishburn Park during e~enlng hours and requesting a clarification of the laws pertaining tl t~e ~urfew in public parks and the use of said parks. In this connectlone the City Hanager submitted the following report advisin that he feels the City of Roano~et the Police Department and the Department of Par~s and Recreation have been more than fair to the situation and to those farolved and that he does not consider the police have been abu~lw~' overbearing or excessive in their actions: 'uRoanoke, Virginia June O, 1970 . Honorable Hayer and City Council Roanoke, Virginia At your City Council meeting of June It 1970, Hr. Jeff PUgh verbally presented complaints and allegations of recent police activity In FishbarnPar~, Following Mr. Pugb"s statement, City Councilman Lisk expressed endorsement o~ ~, ~ughts statvnents and made supplementer7 complaints of the Police Department on the sa~e matter. ~be Council re~erred the subJect~to me rot report. Herein I attempt to.so report~acknowledging that there are man~ facets to this matter and that It is difficult to write down all that Is or might be involved, I have tal~ed with people who h~ve been in t~e Park; have talked with police o~ficerse~including soue~dfrectl7 involved; have read police reports~ have tal~ed with people who have from outside obsvrved the Park; and have personally observed the Park over a perigd of time. I have not talked with persons residing in the area or the Park although I Aa~e had benefit o~'reports made b~ t~em to police and nonpollce personnel of the'ClW. ·hat which bas taken place as best can be documented, along with sene opinions fs'generall~ as f~llows, 'There is In a sense t~o different items to be responded to.. One a cit~z~nts complaint as reported before Council by Mr, Pugh. Th~ other item, the public complaint or compl~n~s b~ Councilman LIsk which It as Cit~ Manager, must recognize as ~n official co'plaint ~ Cit~ Council of the adninistrativ~ and operational conduct and performance. I aunt respond accordingly on that basis. Th~ two items, howevers relate to the same. sets of circumstancess therebye to the best of m7 Judgment would have to be replied to b~ cumblnation in this Me have been operattonall~ charged and the most logical 321 to refer to'those~uho~havebeea~pres~o~' h~Vo b~Javolmd~la~he ocoupaaoy~or~o~.a~emblles,uithlaFishbi~i'Park~ 6vsr~the'~ss$~sev~rai weeks ia ~he partiouler.aotivities-aad oi the:dat~S'.afd~lmes eh iDb are the sub]ec~ of'this whole latter.- ! avoid the terw~yousg people** In the first place there~are;ao~ entirely young people that have been assembling. The term is' not accurately descvip~iveo Secondly, reference to yousg people~aad aceolpaeying ofitlofsa becomes quickly interpreted as an indictment of youth or young people uae mad ail and everymhereo This is tho fartberest from correct and.is in no way Justified. Xo the name veins guil~ solely by assooistiou should eot be an applied premis~. The cause so quickly grabbed by sole Is that actioataken by police at the,Park la notion agaiest young people; ~alae ode sad all and everymhere. This is a caes~carried beck and forth across understanding of circumstances and conditions. It fa unfair to The sequence of Flshburn Park events are as follows. About six meeks to tmo months ago a group was assembling aimost~nightly, in the County beyond the City Limits; They ran into problems with County authorities. Then they moved up to a vacant service station property on the western end of Brambleton Avarice, S. ~. They assembled there until about feur meeks ago when the prq~vty omner requested that they move. They then moved Into Fiahburn Park and became the nucleus of the future larger gatherings. The wor~ nucleus is emphasized. At first the assembling in Fishburn Park mas confined to cars and gathering on the,parking lot adjacent to Brambleton Avenue. Shortly the area of activity expanded to the ravine behind the parking lot and ap into the moods to the About three to four meeks ago the first citizen complaints began to the Police Department. These related to drinking:in the park. On Saturday, May 9, there was a complaint of motor- cycles riding,and drinking in the park betmeen 12 midnight and 3 a.m. Uniformed officers did not go in the park while on Saturday afternoon, Hay 9, in response to a complaint nf fast driving in the parking lot and speeding on Brambleton Avenue, two patrol cars gave surveillance along Brambleton Avenue. The response given by both the Police Department and the City Managerts office to continuing citizen calls and inquires was for direct police lnvol~ment or action. In other words for some period=the City did not Interfere, or ant with entry of uniformed officers. The hucleus of participants was continuing to expand, · At one point the park caretaker, mhd lives on the grounds, went domn into the groups on several nvenings. He was rather pointedly advised by some of the participants to return to his house. That this Occurred mas not k6own in the Hunlclpal Bulldiog until very Feceotlyo Fishhurn ~ark has been traditionally mhat might be termed a family park with many 9voups holdlog picnics there in the afternoons of meekends and In the early:evening hours. Complaints began to come from these groups that the participants, h~rein referred tot were creating certain conditions that were not con- ducive.to pleasant picnics and eatable use of the Park. On,Sunday night, Hay 24, (early #onday, Hay ~S) a complaint was received of disorderliness which had occurred in the Park On Saturday evening, Hay 30* about ? p.m., a lady called police headquarters complaining that she had driven into the Park to get her children who hud been piayin~ there.. A group of participants,were there. Several of them in a speeding car had thrown (by the car,mheels) gravel against her car. An officer wen~ back with her to the parking lot but she was unable to identify the car as being there. On Saturday night, Hay 30, school authorities requested police to move a group from the Patrick Henry School grounds. ~he group was understood to be preparing to camp the night. The group complied. It Is considered a portion no*ed on to ¥ishburn PaFk. Same night at 9:S2 p.m** police received a telephone eowpleint 0f 4~sorder~io~F~shburo Park. A uniformed o~flcer--note.a uniformed officer--wflk~luto th~ Porh..Th~rewns a large group of ~artieJponts~ ~H~ foundno diiorder alth0ugh he observed aa estimated 50 ko 1gO.beer tins andwine bottlei abouk the ground. He told those present .to hold down the noise*or ogre further down into the?ark. ~They~Coeplied and the officer left. Saturday.night, aiS~,~le a separate onnurrenceo two plain- clothes dctectlveeent fate ~be Park with reason to believe that among the participants wn~ a youth wanted on o charge of statutory barglerT. They saw the youth on several lustrous. ~0wever, they were enable to reach hie because groups up in the needs set up a system of hollowing signals that cobbled the boy to escape. The e~ficerz reported,they received coniiderably'distnnt cursing'and boisterous language. The officers left. There were personally recognized on this night and the following night at least tee certain personst with ages ranging from t~e early teens to mid-thirties, who had beencenvicted or charged with illegal peddling or ?ossession of narcotics. and participants from a distance. They did not ~o into the parking lot. Hovement and activity of the participants was observed In the woods in back of the ravine end parking lot. Sunday nighte'May 31, in early eveningt two uniformed officers went down through the Park. There was no conflict. Beer cans and wine bottles wer~ observed scattered about the grounds. Sunday night, Hay 31, the police dispatcher re~eived a call of disorder. Unfforned officers responded and on arrival no dis- order was found. Cars Mere parked beyond the parking lot end onto the 9ross area~ of the Park. Parking tickets were written. The police did not block the park entrance as charged. They did preyer the cars on the grass from moving until tick,ts were written. Alsot the police did not clear the'~a~k as'charged; Four or five participants standing in a group were told by & uniformed officer they would have to *break it ~pe because of complaints. It was at this point that the incident occurred where a participant, 18 years of.agar called an officer a tplg*. The' youth was placed under arrest and brought to headquarters. A second youth was asked by the uniformed Lieutenant for identifi- cation, He produced ag altered birth certificate. He was brought to headqu~rters~ his parents contacted and he was relmsed Councilman Li~, it is understood; telephoned headquarters in- quiring as to the reason for the apprehension of the bays and was advised. It is also understood he later came to heddquar}ers in regard to the matter. Questlon.~as raised before Council, Ly Councilman Lisk as to the manner and content of police radio messages on Sbnday night. Bis complaint, a~ ! under~toodt was that they were nnnecessary in number and content. Our detailed review of the verbatl~'recordings of messages indicate that there were no radio messages directing officers Co the Park. There were only three'radio ~essages relating to Flshburn Park: 9:16 p.m~ - Office~ reporting an arrest and that bringing the apprehended youth into headquarters. This is established procedure. 9:45 p.m. - Report of stolen vehicle. Involved was'a matter of a daughter taking a ca~ to the Park. 10:35 p.m, - The Blstrictcar called in and asked as to the ordinance that related to pa~ks. The Lieutenant read over the~radio to him Title 8, Chapter 3e Section 10 of the City Code. On Honday afternoons June I, the events of the City Council meeting occurred. On Rom,day night, June 1~ the departeent received a telephone call from a lady conplainlng about the Park. It Mas later learned that she was one of two ladies who had gone to the Phrk to prepare for a picnic dinner of the Grandin Court Baptist Church Bible Class, who had reserved the pavilion for the evening, On seeing the assem- bly of pirticlpants they became concerned. They left and ! understand the picnic was relocated to the church. 323 ab,ak lddge eu4bero-'of~polid4~e'ard'ded'6ffj{dro~ ~Z<-a'~vlse'0ethis particular Slt'di{iei es.ddse~ip~i~e~of'ha4dlfig'gi~em this'Wpe o! emil,~' Thd~dJedriCt~ofrioer--sledie''daif0rned'urfieer* single car--answered imd ween Into tbe~pirking~14~< He was fell,wed by a'bach-up ea~'f~om the overlapping district, This car contained two uniformed 9ffloers--oee a rookie in ~raieicg, This uas'a total of t~o ears~asd three officers,' A'tbird uniformed officer-- the south?side coop*rtl arrived later but stayed in his car parked on Brombleton Avenue. - 'About 50 to~YS participants were'~stim~ted In the parking lot area. 'The~patrolmoe, Mbo first urrived~-told a snail group a distu'dbance call'hud been receivdd and they would have to leave. away. The officers did not clear the Parh or stay. As the officers'were leaving, Councilman Lisk arrived. He told tho patrolman he bad heard the call to the Park over u-police called the police. The officer responded that he did not know. A number of the participants ware standing around the group during Councilman Lisk asked the Lieutenant by what authority did the police more "young people' oat of the park. Councilman Llsk then stated that-the police owed an explanation.to the young people as to why they were moved out of the Park. The Lieutenant responded that he would make a report the next day to his Captain and the Chief. Councilman Link advised that he would talk the uert day to the City Wanager and the Chief about the situation, Tuesday morningt June 2, the police found an ahead*nad car in the Park. Investigation indicated it had been there though the night, At 10:40 a,m., as the officers were moving the car from the park, an automobile went by and the driver yelled a series of very strong obs~enities at }he police. Chase was taken and the car was apprehended. The driver was a 17 year old youth who said he yelled nas a protest to harrassment by police ia the park.! Several closse~ of children from an elementary school were on a picnlcandinthe immediate area of the'yelling. On Tuesday m~rning bits of marijuana and empty marijuana No incidents or occurrences were further reported Tuesday, June 2 or Wednesday, June 3. The first is to Mr. Pugh and the participants. I do not criticize Hr. Pughts appearance before City Council. It is good to have him express himself and wet in turns the opportunity to reply. I feel the City, the Police Department and the Department of Parks and Recreation have been more than fair to the situation and to those involved. I do not consider the police:have been abusive, overbearing or excessive in their actions, And I lean way. over and try to take the other aide in reaching a coucluslon~ ' (1) Customary and regular groups have been deterred from us~g the Park, (2) there have been a seriea of citizen complaints about activities in the Park,'(3) routine Park surveillance'has been hindered and threatened and (4) there have been reasonable evidence of highly questionable actidties and persons in the Park as parts of the participants. Surely the majority of the participants are of sufficient age and wisdom to recognize that with these circumstances plus almost nightly gathei~ngs of crowds from 25 to 50 and up to 200 plus that the City govercment is not going to simply disappear and ignore responsibilitiea to those both within and without the Park. 6y all odds and all logic it is impossible to expect that with participants, it is rather expected that governmental involvement has been anticipated, lhen'ev~ry~hin~ is edged up, It Is of~l~terest~ihot the lnvolvement~6f the police has been miUiwized to'the extent it' hos~ The obo~edf~c6urse et'create antes fc~ vlolt~tfnoe by naa- formed officers in-the Perk. Th5 tally ia only one arrest end one Juvenile removed to-his parents and a set of valid parking tickets. This cannot be cbnsidered police harassment, The City his a proper duty top01lce this Park os it does every other park;~ This it has done in Flshbuvo Park ned this it intends to ~ontinue to do, As to M:~ Pagbtn'eoateatlon that the police sboald explain their procedures and rules, I uouldhave to reply that such instructional periods could promote more confutation than necessary and ,that the rules o! conduct are r~ly similar tn rules of conduct anywhere. On'the point stated by.Mr, Pugh as to appearance and dress of some of the participants, this doesn*t seen to have been otherwise made an issue, The City hasnOt expressed a care of whether a head la.cleon shaven or bears'bait that fi.us to the ground. Dress has not keen challenged as to whether it is a 9otany 500 suit or a multicolored blanket, Decency is though insisted upon and hears caution. I refer hac~ to-very early comments In this,relat&e to young people. Ne are aware of the issuest the concerns, the problemso the ambitions, the energies, the attitudes, the disa- ppointments and the ideals of the day and the rims. Rut an*awful let cf people have to live together and until everyone can get their nun little island we are go~V to have to make do with the way we The aec.ad area of concluding response is to the questions directed from City Council. ~ay:! submit the above as reply to those questions also, with the following additional points. I do not customarily reply to news items but this bears · comment. In an article concerning Flshburn Par~ in the 'Roanoke World-Hews' of Yednesday. June 3. lg~Ot a member of City Council was quoted ss stating he had met with the City Manager the previous day, June 2. This was correct. However. the quote then continued to state the following that meeting 'the department (police) changed its procedure last night** Za defense of the command and officers of the department. I must reply that that statement is in error° Tho department has not changed its procedures and mode of operation during the course Of the Flshburn Park situation. I did not and have not, following that meeting. suggested or directed any procedure changes by thc department. · ,Concern must be noted and expressed as to m member of City Council critically confronting police officers in the performance of their dutien~. Xefther a patrolman or a Lieutenant Is in ~ position to,answer for the policies of law enforcement, This strongly critical confrontatloe by a City Councilman, or even a City Manager. is especially hazardous when it occurs under the circumstances represented in these situations. Irrespective of City C~arter provisions, there is the obvious result that the officerst authority, poise and possibly self-control afc shot down in a situation when he needs them the most and when the public expects them the most. As previomsly stated there are many aspects to this matter ned perhaps some have not herein been touched upon. It is believed though the principal items have been detailed or summarized. If we can provide additional Information, we will be glad to comply~ Respectfully subnitted. $! ~ulian F. Hirst Julian F,,Hirst City Manager" In a discussion of the matter, Mr. Perklnson read the following statement expressing confidence in the recent police activity in Flshhurn Park; 325 ~! have been hesitant to express 'sa opinion on the foil*wing subject for fear that it might'belaterpreted',e~ beisg.polltl~ally activated. However. because-or the numerous conplalats,tbathave come to me as a Cousellmsn~ I ~sssot [ny longer remain slle~t on the-subJect of the Police fulfullin~.their daises with regard to the problqm is Fishburs Fork ..... f-' ~- Xt is dtfficaltro~=me to Usdersth~d how the is'sue a~ose in the way that it did~ ~ecaus~ Sectiol 7 of oqr City Charter clearly states that no Councilman sha~l interfere with aa admlslstrative employee of the City in performing his d~ty. But that if a Councilman shall have a complaint hq shall bring it to the attention of the City #meager for appropriate action. I do not know all or the facts of the matter, however, do know that our Police Department ha~ been doing an excellent Job under adverse circumstances and needs the help and support of Council and Citizens of all ages. They have needed additional space for the Police Hepartment and better training facilities. This.Council has been working on by'the.purchase of additional space and the institution of a Police Academy. It is tine we recognize some cf the fine work our p~licemen have done with youtht 'such as the operation of the JLC Hadley Camp for boys, their sponsorshi~ of Little League Baseball and Football teams, all of which Is done on a voluntary Hr. Perkins~n then moved ~hat Council c~ncuF In the re~ort of the City Homager. The notion was seconded by Mr. Boswell and unanimously adopted. INTEGRA~ION-S£CREGATION-RECBEATION I~PARTHENT-PAR~S AND PLA~CROUNI~S-TOTAL ACTION AGAINST POI~R~ IN ROANOKE yALLE¥: ~be .City #manger submitted the following report in c~nnection with the proposal of Total A~tion Against Poverty in Roanoke Yalley to continue the operation of the TAP swimming pools in Eureka Park, Washingt~ Park and H~t Park in 19?Ce advisin~ that'Total A~tion Ag~flst Povex'e/ ~lans to open the swimming pools in E~reka Park'and Nashlngton Par~ the la~ter part of June; howew the Health Department will not ~er~it the operation of the swimming pool in Hurt Park unless toilet facilities are usuable and available, and proposing that the city construct'a.sewer line from the e~lsting line within the H~rt Park Housing Project to the restroom building in Hurt Park at as estimated cost of $1,000,00: 'RO~noke~ ~irgiflfa June O, 1970 Honorable ~ayor and City Council Roanoke, Virginia Gentlemen: Total Action Against Poverty plans to open the #ashington Park and Eureka Park swim. lag pools the latter'part af this month. As Council will recall and as was referred to me some several months ago, the reopening of the Hurt Park swimming pool has been e matter of ~uestlon.~ This operated last year without sewage disposal and thus an inability to use the toilets. Th~ Health Departments and properly so, has stated that it would not permit the operation of the pool this year unless the toilet facilities are usable and available. O~cr a period of shout three months, we hare explored shoot every possibility .there m~ht be as to how to handle this. While recognizing that there perhaps have been some problems in the use of the pool, it is considered the facility is needed In the area and that it'mould be unfcrlun~e if it could not be available during the summer months, Os~-bee~alterfitiVe' is for the ~co~stVuotiOn~o! a sewer line which would proceed from the res*room fa*iii*les geaerell7 uoothwerd into sewer lis*WI*blurb*Hurt park Hamming Pr,JeSt. Our personnel have, with permission o! the Authority, dug down into the existln~ line mbich In et~eonSiderible depth and found that there is adequate fall and the line is usable, I would propose that the Cityt es an assist to waking this pool operable, construct a sewer line from th· existing line over to the res*roan building, At that point TAP mould assume the responsibility of plumbing, et cetera, within the building.* Me estimate she cost of this line construction to be approxi- mately $1tO00 and would handle the expenditure outof operation rands within the Public Rorks Department, As this is written, we are seeking from the Housing Authority permission to lay the line across the de~opmeot land. If the City Council has no objection to this procedure, and assuming Authority permission, this would he the means that it is felt should be proceeded with, Respectfully submitted, S/ Julian F.,Hirst Julian F. Hits* City Manager" After a discussion of the matter, Hr. Perkln$on moved that Council concur ia the proposal of the City Manager. The motion was seconded b~ Mr. Thomas and unanimously adopted. POLICE DEPARTI~NT: The City Manager submitted the following report trans. mitting material in explanation of an article which appeared in a local newspaper o~ Wednesday. June 3, 19?Os,entitled #Drug Abuse C~ts Priority in Anticrfme Fund Pleat* advising that the newspaper article stated that the law enforcement situations in Roanoke came under considerable criticism and advising that the article was Inaccu- rate reporting: , · #Roanoke, Virginia June H. 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: A local newspaper o~ Wednesday, June 3, 1970, published an article entitled 'Drug Abuse Gets Priority in Anticrime Fund Plea'. The article reported on the formal application by the State Law Enforcement Planning Council for federal ' funds for fiscal 1970, under the Omnibus Crime Control and Safe Streets Act of 19~8. At one point in the front page, second section article, the following statement was made: criticism In the report** This printed statement has brought on considerable local comment. I attach a copy of the three pages of the State report upon which the state.eat was based. The total State report ,. o is a voluminous set of documents describing all'areas of the State and law enforcement programs. The purpose of the report is to support and obtain federal anti-crime funds. l, thiak the attached pages explain the matter and conf~ms that the reference in the news article was inaccurate reporting. Respectfully submitted, S! Julian F. Hirst Julian F. Hits* City Manager~ ~327 Mr. Thomas moved that the report be received and filed. The motion was seconded b~ Xr~ Perhlason and unanimously adopted, I~ID~STRXES~FIREARMS; Council having referred to the City Manager for stud report and recommendation a request er the R~noke Valley Junior Rifle Club for permission to operate a rifle range in*the basement of n bu!lding at 1119 Service Avenue, S,.£0, in the Roanohe l~dustrial Cq~ter, the City Manager submitted the folioming report advising that the rifle range has been iaspeote~ by city representa- tives amd found to be extremely ~ell suited fay said purpose~ *Roanohe, Virginia June 8, tHO Bos~rable Mayor and City Council Roam he, Virginia Gentle?en~ On April 20,.19Y0, City Council referred.to the City Manager a request from the Rmaoke Valley Junior Rifl~ Club for permission to operate a rifle rgnge ia the basement of ~-~ballding located at 1119 Service Avenue, S, £., in the Roanohe Industrial Center. The Ro~&e Valley Junior Rifle Club, composed of 53 boys and girls, is under the guidah~e~of a Committee o! nine adults and l~ organized to promote competltlye target shooting as well us training young people in the practice of safe handling of firearms, This club is a Junior Division of the Roanoke Rifle and Revolver Club. This senior organiaation carries the insurance for this Junior Division, : Originally the club utilized the range facilities at the Marine Armory; however, they were restricted to three hours per week. For a club with a membership of 53 youths, this did not provide adequate range time, Therefore, with *he'encouragement* of the Roanoke Industrial Center this organization has con- structed four firing points in the basement of a Roanoke Industrial Center building and were preparing to build four more when they were made aware of the requirement for City Council to approve the use of such a range. Title 230 Chapter 4, Section 5 of the City Code authorizes City Council to approve shooting on ranges within the City by bona fide gnn clubs. The new range site has been inspected by City representatives and found to be extremely well suited for this purpose. The basement walls are thick masonry, the ceiling reinforce~ concrete and there are no windows. The four firing points already con- stricted are well built and in conformance with good basic safety standards, Should C~ty Co~ncil de'ire to approve* this range, it is felt that it is a safe and well constructed facility, worthy Of your consideration, Respectfully submitted, S! Julian F. Rirst Julian F. Hirst City Manager* Mr. Thomas moved that Council concur l~ the report of the C~y Manager and offered the following Resolution: (u19212) A RESOLUTION approving the use by the Roanohe Valley Junior Rifle Club of a small caliber rifle range located at 1119 Service Avenue, S, £., ia the City of Roanoke. (For full text of Resolution, see Resolution Book No. 34, page 312,) Mr, Thomas as,ed tho ad,piles of the Re$olutloao The motion was seconded Mr. Perkinsoa and adopted by the following vote: AYES~ Messrs. Boswell, Perkins,no Thomas.and Mayor Webber ............. 4. NAYS~ None ........................................................ (Messrs. Linkt Trout and Wheeler absent) SPEGIAL FE~#ITS-STRR£TS AND ALLEYS: Council having referred to the City Architect, representing The KroRer Company, advising kbat his client has purchased th~ American Hakeries Company property and its buildings situated between Salem Avenue an, Norfolk Avenues S. ~., west of Sth Street. amd requesSing permission to construct a pneumatic conveying line. anros~ Norfolk Aveaae 50 feet west of 5th Street, the City Manager submitted thc following report recommending that the request be gramS,d, sub- Ject to the Korger CoMpany entering into an agreement mith the City e! Roanoke which mould provide ~or the emnership,'~recti~ns operation, maintenance and replacement of the structure by the Kroger Company and would also require the Coepany to provide lnsuraace which would indemnify and save harmless tbs city from any and all dauages to or damages caused by the proposed structure: "Roanoke. Virginia Honorable Mayor and City Council June Os 1970 ao~oke, Virginia Gentlemen:. The City Council on May 4, 1970s referred to me t~ request from Mr. ~. M. Yeastss Architect, representing Kroger Company, advising that the Company had purchased the Amerlean*Bakeries Company property and its buildings between Salem Avenue and Norfolk Avenues S. M.s and west of Fifth Street. The Company requested permission to constr~ct a pneumatic conveyin9 line across Norfolk Avenue. The Engineering Department received and reviewed tbs set of plans of the proposed bulk flour handling system from the Kroger Company. They propose to construct a pumpingstatio~ next to the Norfolk and Western Railway tracks west of' Fifth Street and f~om that point would construct aa or,th,ad pipe line system which would cross Norfolk Avenue's S. W. They propose to cross Norfolk Avenue with a steel pipe truss of triangular sections which would provide a minimum IR-foot clearance. Supports for the Norfolk Avenue crossing would be located on Kroger Company property approximately 7 1/2 feet from the right-of-way o~ Norfolk Avenue. The proposed structure would in no way restrict traffic movement. It is my recommendation that the Kroger Company be granted permission to erect the structure as shown on the Plans subject to the Kroger Company entering into an agreement with the City which would provide for the ownership, erectionf operation, maintenance, and replacement of the structure by the Kroger Company and which would also provide for the Kroger Company to provide insurance which would indemnify and save harnless the City from any and all damages to or damage~ caused by the proposed structure. It would be recommended that the City Attorney prepare appro- pti&ts instrument for return to the City Council. We will have a set of tbs plans available for the information of the City Council. Respectfully submitteds S! Julian F. Hlrst Julian F. Hirst City Manager" June Honorable Mayor and City Council Huanoko. Virginia Gentlemen: *' This is to advise that ! have on June 2, lO?O. received a letter submit*In9 his application for retirement from Hr. H. Cletus Broyles, Director of Public Murks. for the City. Mr. Broyies requests his retrench* effective August It He has been offered and has accepted the position of Director of Public Murks for the City of Birmingham, Alabama. He wilt commence his duties there on July' &, 1970. * A large majority of the citfeeus of'Roaouke and members of the City Council have known Mr. Broyles far longer than ! have 'in his 33 years of service with the City. You and they are thus mdch more aware and more familiar than I with his service when ! make referenc~ to the fact that in my relatively short time here 1 have become very conscious of his long and dedicated service to this City and to the community of people that it represents. Much that the City now has is attributable to his personal work and personal guidance, to his encour~gment and to his foresightedness in seeking and anticipating .needs of the City and the surrounding area audio anticipating those things which have been and will be for the betterment of the growth and progress of t~e C~ty an~ the Valley! He has been active In ma~y community organiza~lom amd en- deavors beyond the formality of the City government. This has valuably /spread bis resoo~es~ ehergies and at the same time provided a lln~ for understanding of the City government a~d its problem mod for mutual working relationships between the people and'the government. · e regret his decision to retire hut at the name time I cannot avoid but to chngratulate him upon his ~dvancement in his ~ong chosen field. It is a credit to Roanoke though it means an internal loss, to have a staff member elected by another City of the size of Birmingham to assume such respon- sibilities slthln Its government. ! have known of Mr. Broylest intentions in regard to Di~mihgh~m and have discussed them with him with mixed emotions, realizing that he should be supported la an opportunity to achieve a position of this stature w%ile at the same time, knowing that Roanoke will lose his talents and his long and deep knowledge of the funetionln9 of our government and of physical development of the City and its Surrounding areas. I attach a copy of Rt. Hroyles* letter to me of Jun~ 2, 1970 for the records of the Clerk of the Council. Respectfully submitted, S/ Julian F. Hirst Julian Fo Hlrst City Manageru Mr. Bose,Il moved that the resignation be accepted mith regret and that the matter be referred to the City Attorney for preparation of the proper measure express the appreciation of Council to Mr. Br°yles for his services to the City of Roanoke. The motion was seconded by Mr. Perhinson and unanimously adopted, ~ SEMERS AND STORM DH~NS: The City Manager submitted a mrltten report poJntl out that he has been advised by the United States Corps of Engineers that they have received official approval to auerd a contract for the construction of the Lick Run Channel Improvements, Mr. Perkinson moved that the report be received and filed. The motion was seconded by Mr. Boswell and unanimously adopted. TRAFFIC: Council having referred to the City Manager for study, report and recommendation a report of the City Attorney outlining enabling legislation enacted at the 1970 session of the General Assembly of Virginia to provide for the regulation of unused automobiles on private property and Council having also referred the matter to the City Attorney to prepare the proper measure, or measures, pursuant to the enabling legislation outlined in his report, the City Attorney submitted a written report transmitting said measure, After a discussion of the matter, Mr. Thomas moved that the proposed Reso- Jlution be taken under advisement, The motion was seconded by Mr. Perkinson and unanimously adopted, Mr. Perklnson then moved that the matter he referred to the City Manager fo: studys report and recommendation to Council in connection with the problem of unused automobiles on private property. The motioo was seconded by Mr, Thomas and unanimous adopted, U~FXNISHEH BUSINESS: NONE:. CONSIDERATION OF CLAIMS: NONE, IN'fRODUGTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MO~IONS AND MISCELLANEOUS BUSI[~SS: SCHOOLS: Mayor Webber called to the attention of Council that the terms of Mr. Henry Eo ~homas and Mr. Paul H. Thomson as members of the Hoard of Directors of Virginia Western Community College will expire on June 30, 1970, After a discussion of the matter, Mr. Perkinson moved that the matter be referred to the City Attorney for preparation of the proper measure filling the vacancies. The motion was seconded by Hr. Thomas and unanimously adopted. PLANNING: The City Clerk reported that Messrs. James O, Trouts Hampton W. Thomas and Henry B, Boynton have qualified as members of the Fifth Planning District Commission for terms ending June 30, 1970; that Mr. John D. Copenhaver has qualified for a term ending June 30, 1971; and that Mr. Vincent So Wheeler has qualified for a term eading June 30s 1972, Mr, Perkinoon moved that the report be received and filedo The motion Has seconded by Mr. ~homas and unanimously adopted. ng There being no further business, #ayor [ebber deolured the meeting ATTEST: J City Clerk APPROVED adJourn Mayor COUNCIL, BEGULAR MEL~ING, Monday, June 15. 19TO. The Council of the C3ty of Ronnoke met in regular meeting in the Council Chamber ia the Municipal Building, Monday, June 15, 1970, et 2 p,m., the regular meeting hour, uith Mayor Mebber presiding, PRESENT: Councilmen John #, Bosmell, David R. Llsk. Frank N. Perkinuon, Jr.. James O. Trout. Vincent S. Hheeler end Mayor Roy L, Webber ............... ABSE~: Councilman Hampton M, Thomn S .........................~ ..... l, OFFICERS PRESENT: Mr. Julian F,.Hirst, City Manager, Mr. Byron E. Hamer. Assistant City MaunDer, Mr. H. Ben Jones, Jr., Assistant City Attorney, end Mr. J. Robert Thomas, City Auditor, INVOCATION: The meeting mas openpd mitb a prayer by the Reverend B. P. Edwards, p~stor, First C~ristfae Church. BEARING OF CITIZENS.UPON PUBLIC MATTERS: PARRS AND PLAYGROUNDS-RECREATION DEPARTMENT: Mr. Alvin L. Mash, Recreatiot al Coordinator, "Kuamka" Center for . Black Education, appeared before Council and advised that there are 200 young people ranging in ages from six to seventeen in the vicinity of Orange Avenue, Gilmer Avenue, 12th Street and loth Street, N. that the 'Ruamha" Center for Black Education is attempting to provide recreational outlets and a basketball court for these young people and requesting that Council appropriate $750.00 to provide funds for equipment and materials in connection with the construction of a basketball court on property located at the-southeast corner of the intersection Of llth Street, and Moorman Road, N. W. After a discussion of the mutter. Mr. Trout moved thut~e request be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Nheeler and unanimously adopted. PL~ITIONS AND COMMUNICATIONS: BDDGE~-SCROOLS~ A communication from the Roanoke City School Doard, requesting that $1,402.00 be transferred from Maintenance of Instruct~nul and Office Equipment and $4,200.00 from Operational Equipment under Section #?000, "Schools- Maintenance of Plant and Equipment," to Insurance under Section 38000, ~chools- Fixed Charges," of the 1969-70 budget of the Roanohe City School Board, to provide funds forpayment of fire insurance premiums, was before Council. Mr, Wheeler moved that Council concur ia the request of the Roanoke City School Board and offered the folloming emeroency Ordinance: . (#19213) AN ORDINANCE to amend and veordain Section m?o00. 'Schools Maintenance of Plant & Equipment,~ and Section ~8000, 'Schools - Fixed Chrges," ~f the 1969-70 Appropriation Ordinance, and providing for un emergency. (For full text of Ordinance, nee Ordinance Book No. 34. page 31~.) Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Mr, ~rout and adopted by the follomino vote: :333 AYES: Manors, Bosnoll, Lick, Perhimoon, Tronk, Rhaeler and MoTor ebber .................. ~ ......... 6. NAYS: Noee .............O. (Mr. Yhonns absent) BUDGET-SCHOOLS: A communication from 'the Ronnohe City School Board. equectlsg them $5.492.00 be epproprieted to Section z61000. 'Schools - Educable #entelly Retarded Curriculum Guide Revision.' of the~1969-?O budget of tie Roanoke City School Roard. to provide funds for the. continunnce or the second year of n project designed lo refine the cnrriooinm for the educable mentally retarded, nan before Council. ' · ' · Mr. Trout moved that Council concur, in the request hf the Roanoke City School Board and offered the follouing emergency Ordinance: (m19214) AN OROINANCE to amend end reordein Section nbiO00. "Schools- Educable Mentally Retarded Curriculum Guide Revision.'.of the 1969-?0 Appropriation' Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance nook No.:ad,~pnge 313.) Hr. Trout moved the adoption of the Ordinance. The motion nas seconded by Mr. Wheeler and adopted.by the follomlng vote: AYES: Messrs. Bosuell. Lisk. Perkinsoe. Trout. Wheeler and Mayor Webber ............................. 6. NAYS: None ..............O. (Mr. Thomas absent) BUDGET-SCHOOLS: A communication from the Roanoke City School Hoard. reque~tlng that $84.456.00 be appropriated to Section u62000, "Schools - Summer Head StartS" of the 1969-70 budget, to provide funds for the 1970 Summer Program, mas before Council, Br, Rheeler moved that Council concur in the request of the Roanoke School Board and offered the follouingemergencT Ordinance: (=19215) AN ORDINANCE to emend and reordain Secti on. #62000, "Schools- Summer Head St~t." of the 1969-70 Appropriation Ordinance. and providin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 34, page 314.) Mr. Wheeler moved the adoption Of the Ordinance. The motion mas seconded by Mr. Trout and adopted by the following vote: AYE~: Messrs. B~swell, Ltsk, Perkloson, Trout. Wheeler and Mayor Webber ............................. 6. NAYS: Non~ ..............O. ( Mr. Thomas absent) . ~ ' EUDGE~-SCHOOLS: A communication from the Roanoke City School Board, requesting that $16,145,00'be appropriated to Section ~63000, "Schools - Library Books and Materials,' of the 1969-70 budget, mas before Council. Mr. Wheeler moved that CounCU concur in the requeot of the Roanoke City School Board and offered the folloming emergency Ordinance: (.#1921G) AN ORDINANCE to amend and reordain Section ~63000. "Schools- Library Books and Yaterials,Y of the 1969-70 Appropriation Ordinance,'and providing for un emergency. (For full text of Ordinance. see Ordinance Hook No. 34. page 315o) Mr. WheeZer ~ ed the odoplJom of lhn Ordinuoce. The motioo mou ueoonded b7 Hr. Trout old !dopte.d b! the ~ollouiug vote: AYES: Hessru. a,swell, List. Perkioscn, Trout. #heeler and Webber ............................. b. NAYS: None ..............O. (Xr. Th,was absent). PARKS AND PLAYGROUNDS: A comuunicotion from Mrs. C,ale U, Dazey. expressing appreciation for the ~nited efforts of Council ia securing a good street or highway up Mill Mountain, mas before Codncl. Mr. Perkinson moved that the communication he received and filed. The motion mas seconded by Hr. Wheeler end unanimously adopted. BUDGET-PARKS AND PLAYGROUNDS: A comuunicatioe from Hr. A. E. #cSeorge, requesting that Council give consideration toward placing m eater fountain and installing restroom facilities in the hall park at Garden City, was before Council. Hr, Trout moved that the commuulcat~ be referred to 1970-71 budget study. The motion was seconded by Mr. Wheeler and unanimously ~opted. ZONING: A communication from Mr. T. L. Plunkers. Jr., ~ttoruey, represent- ing Mrs, Matilda A. Laugh,n. requesting that property located on the soathuesterly corner of Crystal Spring Avenue. S. ~.. ut RcClunohun Street, described as Lots 19 and 20, Black 49, Map of Crystal Spring Land Companl. Official Tax Nos. 1050510 and lOSO$1l, be fez,ned from C-l, Office and Institutional District. to C-2. General Comuercial District. was before Council. RFc ~heeler u,red that the request for ~zoning be referred to the City Planning Commission for study, report and recomuendation to Council. The motion was seconded b! Rt. Trout and ununlmouslI?dopted. CITY SERGEANT-S~A~E CONPENSAYION BOARD: A cneuunication from the State Compensation Board, addressed to Mr. Kermlt E. Allmoo, City Sergeant, advising that eith the payment of h ~ ~ay temporary empl nine palroll him allowance 'for substitute help showed an oYerdreft of $39.55. that aa additional allowance to cover this overdraft bas been approved by the State Compensation Board and calling ettentio to the fact that no further expense of this nature can be approved for ~ayment unless he makes written request to the Cowpensation Bcerd. for un ~ditionsl allomance to cover his needs for the June temporary payroll, ems before Council. Rr. Trout woved that the communication be received and filed. The motion was seconded bl Mr. #heeler and unanimously adopted. SUDG£T'CI~T SERGEANT-STATE CONPENSATION BOARD: A communication from the State Compensation B~ard, addressed to Nr. Kermit E. AII~oo, Cltl .Sergeant, advisin9 that the Stste Compensation Oourd hms spproved an sdditionol ellowaoce of $400.00 for te~pcrsrl ewplolees in his'office; uub~ect:to th~concurreoce.of Copocil;.und~ t~at-thesdditJoesl allcuance makes u total authorized allomaoce for temporory emplolees of.$2,45~5?for the ~Iscal lear ending June 30. 1~?0, was before Council. ~r. Tr.flu~ m. Oved~thot Councilcoecur~lutbe communication from Compensation Board.. The motion mos seconded.hl Mr,. Kheeler and Uasolwuusly adp~ted. 335 PENSIONS-?OLICE DEPARTMENT-FIRE DEPARTNENT~ A communication from ir. Wermit E. Allmon. City Sergeant, addressed to Mr. Charles B. Smith; Director. Virgin Supplemental RetiremesL System, in connecti'oe ~itk th~'ele'otion held ~n'J~ne 9, 1970. among city employees covered b7 the EmplOyees' Retirement 5]stem or th~ city oF innnoke os the question of supplementing the corernge under ~nid System mftk Old Age Survivors Dlsubilily and Health Insurance Coverage, advising that the total vote rot was 1092 nnd against dam 389. uaw before Council, Mr. Trout moved that the cowmuoicntiou be received and filed. The motion was seconded' by Mr. Wheeler and unonimo~sl! adopted. PENSIONS-POLICE DEPART#E~TT-FIRE DEPARTME~T~: A communication from Mr. Kermi E. Allmnn~ Citx Sergeant, addressed to Mr. Charles H. Smith, Director. Virginia Supplemental Retirement S~stew, in, connection uith the election held on June 9. i970 among city em~loyee~ covered by the Police nnd Fire Pension System of the City of Roanoke on the question of supplementieg the coverage under said System with Old Age, Survivors Disability ned Hmlth Insurance Coverage, advising that the total vote for mas 36 end against mas 2, was before Council. Mr. Trout uo~ed that the'communication be'reCeived and filed. The motion mas seconded by Mr. Wheeler and unanimously adopted. PLANNING: A communication from Senator William D. Spong, Jr** tcadsmittin, a copy of a communication from Major Joel T. Callnhan, Deputy District Engineer of the Wilmington District, in connection with the request for Congressional acthori- zation for a study by the Corps of Engineers of the Upper Roanoke River Basin, and advising that be does not anticipate 'any difficulty in obtaining this study, was before Council. Inthis'connection. a further communication from Senator Spon~ advising that at his request, the Senate Public Works ~oUmitt~e has adopted a Resolution requesting the Corps of Engineers to undertake said study,* tha~ no addi%ional Congressional action is requested on the ResOlution a~that ~ has requested Senator Allen J. Ellender. Chairman of the Public #ork~ Subcommittee of the Senate ApproprJ- necessary to undertake the study, was als'e" before the body. Mr. Wheeler moved that the communi~ut'ions be received and filed. The JAIL: A communication from the State D~partment of Welfa/e and Institu- tions, addressed to Mr. Kermit ED Allman, City Sergeant, advising of an inspect~n of the city jail a~ lookup on Way 26, 1970, bas b~fore Coundl. Mr. Trout moved that the communicate'be received a~ filed. '~he motion REPORTS OF OFFICERS: BUDGET-DEPARTMEnt OF PUBLIC WOR~S: 'The City Manager submitted a urltten report recommending that $67.00 be transferred from Food, Wedicel and Housekeeping Supplies, $92.00 from Operating Supplle~ and Materials ~nd SI Ii.BO from Office Equipment - New. to Personal Services under Section =40. "Distribution of Surplus Commodities,' of the 1969-70 budget, to provide funds for palment of extrn help for lbo month of June. Mr. Mheeler moved that Council concur in the recommend~ion or the Manager nod offered the foliouing emorgencl Ordinance: (a19217) AN ORDINANCE to amend and reordnin Section o40. 'Distribution of Surplus Commodities." of the 1969-70 Appropriation Ordinance. and providing for un emergeocl. (For full text of Ordinance, see Ordinance fir,oh No. 34, page 315.) Mr. Mheeler moved the adoption of the Ordinance. The motlm ess seconded bl Mr. Trout amd ~dopted by the follooing vote: AYES: Messrs..Boswell, Llsk, Porkinson, Trout, Mheeler and gul~ Webber ................... ~ ............. NAYS: None ..................O. (Mr. Thomas absent) BDDGET-DEPARTME~ OF PUBLIC NELFARE: T~e CiaI Manager submitted a oritten report recommending that $i,O00.O0 be transferred frog Travel Expense to Printing and Office Supplies under Section a37, 'Public Assistance," of the IV69-TO budget. to provide funds for the remainder of the fiscal lear. Mr. ~heeler moved that Council concur lathe recommendat~ of the Clt~ MauaGer and offeredthe follomlng emerGencl Ordinance: (#19~18~ AN ORDINANCE to amend and eeordain Section ~37, "Public Assistance," of the 1969~70 Appropriation Ordican~ e.-and providing for an energencl. (For fall text of Ordinance. see Ordinance Book No. 34, page 316.) Mr. Wheel~ moved the'adoption of tbe Ordinance. The motion mas seconded bl Mr. Yrout and adopted b~ the followin9 vote: AYES: Messrs. Bosnell. Llsk, Perkinson, Trout, Mheeler and ga~or Nebber ........ ~ ......................... NAYS: None ...................O. (Mr. Thomas absent) BUdGET-POLICE DEPARtmENT: The City ~anager submitted a ~rltten report recommending that $600.00 be transferred from Education to Printing and Office Supplies under Section ~45, "l~tlce," of the 1969-70 budget, to pro~lde funds for the remainder of the fiscal lear. Mr. Trout moved that Council concur in the recommendation of the Citl Manager and offered the following eeergenc! Ordinance: (~19219} AN OEDINANCE to amend and reordain Section ~45, "Police,' of the 1969-70 Approprlutim Ordinance, and proving for an energencl. (For full text of Ordinance, see Ordinance Book No. Mr. Trout m~ ed the adoption of the Ordinance. The notion was seconded bi ~r. Llsk and.adopted bI the'following vote: A~ES: MessEs, Boswell. Ljsk~ Perklnson. Trout, ~heeler and Mayor 6. NAYS: None .............O. (~. Thomas absent} BUDGET-PENSIONS: The City Manager subaitted a urittea ~eport re~coeeesdiag that $1,000.00 be appropriated to Fees for Professional and Special Services under Section s21. 'LunaCy Comeirsioar.' end that $2.500.00 be appropriated to'Terminal Leave under Section ~9?D. 'Terminal Lmve.' of the 1969-70 budget, to provide rands res the remainder o! the fiscal year. Mr. Perhinson aoved that Council concur in ~e recoeeeedatioa of the City Manager and offered the foil ming emergency Ordinance appropriating $1,000.00 to Fees for P~ofessional and Special Services under S~ction ~21, 'Lunacy Commissions": ¢a19220) AN ORDINANCE to emend and rerdnin Stctioa =21, 'Luneey Commis- sions,# of the 1969-70 Appropriation Ordinance, and provldug for an eeergency. · (For full text,of Ordinance, see Ordinance Boob No.,34o page 317.) Mr, Perkinso~ moved the adoption of the Ordinance, The motion uss seconded by Hr. Link and adopted by the following vote: AYES: Ressrs, BosMelI. Link. Perhinson. Trout, Nheeler and Hayer Webber .......................... NAYS: None ...........O. (Rr. Thomas absent) Mr. Link then offered.the folliming emergency Ordinance appropriating ~2,500.00 to Terminal Leave under Secti on ~97S, "Terminal Leave': (=19221) AN ORDINANCE to amend and reordin Section ~97B, 'Terminal Leave,' of the 1969-70 Appropriation Ordinance. and provldin9 for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 317.) ~r. Link moved the adoption of the Ordinance. The motion Mas seceded by Mr. Perhinson md ad, ted b~ the folleuJng vote: AYES: HetSrSo Boswell, Lisk, Perkin$on. Trout. ~heeler and Mayor ~ebber ........................ NAYS: None .........O. (Mr. Thomas absent) TOTAL ACTION AGAINST POVERTY, IN ROANOKE VALLEY-SCHOOLS: The City Manager submitted the folloaJag report recommending that Council authorize the participation the City of Roanoke in the Neighborhood Youth Corps Program..advising that the Mill extend*for tea. weeks Mith employees to Mork for 2~ hours per Meek end he paid at a rate of $1.45 per hour bl the Neighborhood Youth Corps: June 15, 1970 Honorable May~ and City Council Roanohe, Virginia Gentlemen:, AS in past.years the Neighborhood Youth Corps has approached tie City regarding our participation again this summer in their Neighborhood Youth Corps Program. Contacts have been made with. various departments of the City and arrangements can be provided for the folloMlng positions for participants in th ~ program. .Library Aides Maintenance Aides - Par~s 10 Vehicle Service Aides 4 Signalmen Aides 2 Landscape Aides Total 32 ~ It is recownended thht the City CounCil byreSolutioa~uuth~rine the City's psrtlcipntion in this program. Commencing during the week of Ju~ 15, 19TO, the program will extend for tea weeks~ with the employees to u ark 26 hours u weeh nnd he t~id ut a rate of Un hour by the Youth Corps, The. City'smly obligation is to provide upproprinte norh nad adequate supervision. '. ReppsctfuilY submitted, S/ Julian F, Hlrut Julian F. Hirat City Nunnger' ' Mr. Nheeler moved that Council concur'in the recommendation of the City Manager and offered the' foll~in9 Resolution: (n19222) A RESOLUTION authorizing the use by the City Jn certain of its departments, during the sumner of 1970. of approximately 32 young men nnd enplByed under the Neighborhood Youth Corps erogrnn. (For full text of Resolution, see Resolution Book No, 34. page 3lB.) Hr, Nheeler mored the adoption of the'Resolution. The mot lm was seconded by Mr. Trout undudopted by the following vote: AYES: Ressrs. Boswell, Link, Perkinson, Trout, Wheeler and Mayor NAYS: None .........O. (Mr. Thomas absent} WAYER DEPARTME~F: The City Manager submitted a written report trnnsmittin the following report of n committee recommending that the lam bid of Lynchburg Foundry Company for furnishing and supplying certain ductile iron water pipe to be used by the Water Department for the period beginning July 1, 1970, and ending June 30, 1971. For the sum of $100.959.00. be accepted, the City Banuoer advising that he concurs in the recommendatim of theconnittee: ' "Roanoke; Virginia June 15, 1970 Honorable Mayor and City Council Roanoke, ¥irgbia Gentlemen: After due and proper advertisement bids u~e received and opened Jn the office of the Purchasing Agent at ll:O0 a.m. on Tuesday, June 2. 1970. for furbishing the City of Roanoke mlth Ductile iron mater pipe for use by the City of Roanoke ~oter Department. Five bids nave received with the low bid submitted by Lynchbur9 Foundry Company, the current supplier,,ln the amount of $100,859.00. Your committee would like to call to City Council*s attention the fact that the new bid ia approximately 2 percent less than the current price the City is ~aying the same contractor. It would be your committee's recommendation that City Council accept the lan bid of Lynchborg Foundry Company in the amount of $100,B59.00 and reject all other bids. Respectfully submitted, S! Byron R. Haner Byron E. Bauer S~ Rex T. Mitchell, Jr. Rex T. Mitchell, Jr. S/ Bueford B. Thompson mumford B. Thompson" 339 Division or Moodmurd Itoh Coopssy, Division of The Mead Corporation. for furnishing and supplying cerjeiu ductile*iron niter pipe to be used by the City*s Muter Depart- ment for the period beginning July Io 1970o smd ending June 30. 1971; euthorizie§ the proper City officials to ~xecute the requisite contract; rejecting ail other bids; and ~rovidiug for un emergency. (For full text of Ordinance. see Ordinance Hook HO, 34, page 318.) Mr. LJsk moved the add,ion of tbs Ordinance. The motion nas seconded by Mr. ~erkiuson and adqted by the follouing rote: A¥£S: Messrs. Boseell. Lisk. Link. PerkJuson, Trent. Wheeler and Mayor #ebber ................. 6. NAYS~ Hone ........ O. (Mr. Thomas absent) MATER DEPARTMENT-SEW£RS AN~ STORM DRAINS: The City Manager submitted a mritten report transmitting the follouing.report of u committee recommending that the bid of Axtou-Cross Company for supplying liquid chlorine to the Water Department and the Sewage Treatment Plant for~e period b~ginni~g July 1..1970. and ending June 30, 1971,'be accepted, the City Manager advising that he concurs ia the recom- mendations of the co,mattes: Honorable Hayor and City CoUncil~ Ro~ aka. Virgin "Ran oke. Virginia JunelS, 1970 After due and proper advertisement bids mere received and opened in the office of the Pnrchqsing Agent .on Tuesday, June 2. 1970. for furnLshing and delivering chlorine to the ~ater and Seuage Departments of the City of Roanoke for the next fiscal year. Ten bids were received end a tabulation of these bids is attached. At this point it must be~pohtedout that m~difications are programmed to revise the chlorine system et the ~uter Department*s Carvtns Cove Filter plant so us to utilize .the 2,000 pound cylinders sometime during the next twelve-month period, Therefore ~ · bid documents indicated that the *successful bJdde~ then mould be required to.furnish the 2,0BO pound cylinders in truckload lots, f.o.b. Carvins Cove Filte~ Plant at the same unit price as quoted for delivery' to the Se#age Treatment Plant,* From the attached tabulation Cou~ il will note that Dominion Chemical Company of Petersburg, Virginia, bid $,0825 per pound to deliver 150 pound bottles to CarvJns Cove Filter Plant; however, they did not bad'on delivery of 2,000 pound oylieders. As bid, no pro- vision was included for splitting the bid. Based on the fact that Dominion Chemical did not bid on delivery of 2.000 pound chlorine bottles end ag provision ~as mn~e for splitting the bids, your committee feels that Dominion Chemicul*s bid ~ provide 150 pound cylinders should be rejected and the second lam bid of Axton-Cross Company of Salem° Virginia, aha submitted tbs complete bid for both 150 pounds and 2,000 pounds cylinders be accepted. It is further recommended that all other bids be rejected. Respectfully submitted, S/ Byron E. Hamer Byron E. Hamer S/ Bueford B. ~hompson Bueford B. Thompson S/ Rex T. Mitchell Rex T. Mitchell* Mr. Mheeler moved that Cooocil concur ia ~he're'comendatioo dr the City manager end offered'the fol'l'o~ieg ebergeoey Ordieoacos (o19224) AN/OtbI'NANCH outh'orizing th~ pure~ece of sappliee of liquid period begisniog ~ufy it 1970. sod e,dioR JuDe 30. 1971. upon certain terms end prov!a;ons, by accepting s certain bid mede to the City~ rejecting certain other bids; and providing roi sn emergency. (For rail text or Ordinance. cee Ordinance B,eh No. 34. page 319.) Mr. Rheeler moved the adoption or the Ordinance. The e,tiaa was seconded by Mr. Trout and adopted by the iai.l,ming vote: AYES: Melsru. Rusuell, Lish , PerhJoson. Trout. Rheeler and Major #ebber ......................... 6. flAYS: fi,ne .......... O. (Hr. Thomas absent) II~DSTRIES-STATH MIGHMA¥S: Council having adopted au Ordinance consenting to the coastru~tion or n 24-foot wide pavement, roi aa industrial access road Iron 9th Street, S. £.. to the new heudqeorters plant and racilitl o.r t.he Davis M. Elliot Company. ~ncorporated. in the Roanoke Industrial Center complex, the Cltl Manager shbultted a uritten report advising that he bas been advised that the State Mighmay Commission bas approved un allocation of $55,000°00 roi the co.ns.tructlon .of. the access road to the Doris H. Elliot Coupuny, Incorporated, and that.this amount represents on assumption b7 the State or the total cost of the cons.trnction of the R4~foot paveuent plus grading and drainage for the project. Mr, ~heeler moved that the report be received and riled. ~he motion mas seconded bl Mr. Trout and unanimously adopted. POLICE DEPARTMENT-FIRE DEPARTMENT: The Cttl Manager submitted the follauJnO report on the status of personnel lA the police Department and the Fire Department for the month of Hay, 19~0: "Roanoke, Virgin.ia June 15, 1970 Honorable Mayor end City Council Roanoke., ¥irghia Listed below are the personnel changes' for the Police and Fire Oepartmeots as or ~ay 31, 1970: *Police Department Name. Mired '~ Resigned Retired Allan Preston Mbite Terry kilson Co, dOff 5/1/70 Charles Yernie Mollies, Jr., Jack L. Campbell Delms ~. Feazell. Jr. 8/I/58 5/31/70 Dean T. Hales 5/1/45 5/31/70 Ending Mol 31. 1970 (5) vacancies. 34l BeJ~ectfull; submitted, $/ Julies F. flirst Jellln F. Hirst tecended by Mr. Ifhegler amd naueimousl~ Roanoke fo~ the momth of. Mal, 1970~ REPORTS OF COMMIT~E$: ~Roanoke, YJrginia June 8, 1970 1. #e recommesd the CitT.sppropristelT mark oft amd. sign · street lad ~sidemalh loading spa~e os Campbell Avesue, 2. The neautfri~mtio~ Co~mit~h~e~ l~cet~d' s'm"annlng'th'tt mould nttrsctivel~ shelter the loaditg area. Your 'committbe recommends tie Citl purchase this sawing st n eost of $200. For this purpose It ia recommended $200 be trassferred ia Department Code 66, Market, frompbJect Code 22, Communications, to Ob]hca Code 65, Other Equipment.' 3. The provision' of ~sctte~dsul hat been dfscnase~ ~ltb the Chairmen or the Reautificstios Committee.~ Tbf~ mould ~e a person un dut~ 6 to ? hour's m da~ msini! dnrlag~the summer and earl~ fnllmonthso" At first ~ohr' Coun~ I ~ommitte~ felt the Cit~ could assume this cost. Further coesiderst~ though brings on the question ofmhether the Cit~'css properl~ euplo! a person for thh purpose. Actnsll~ the perso~ mould be assisting in the hnndling of the merchnndise and products sold in budget mone~ right nt this time and the things that have hopes the market operntors might be able to uarh out the employment nnd cost of this attendant. The Beautification Committee has spent n lot of time, done a lot of work ~or the market and ne coogrodulnte them end hope their interest mill continue. Through their efforts the fountain is much improved and we hope all of the members of the Cit~ Council will go down and look at it. Respectfully submitted, S! Vincent S. Rheeler Vincent S. Wheeler. Chairman S/ David ~. List Oavid W. List S/ Julia~ F. Hiram Julian P. Birst' and offered the following emero~ncy Ordinance transferring $200.00 from Communication to Other Equipment - New un3er Section ~66. ~Martet.~-of the 1969-70 budget, to pro- vide funds for the purchase of an-awning to shelter the pick-up station: (~19225) AN OBDINANCE to amend and reordnin Sec~oe ~b~. 'Market.' of · e 1969-70 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, nee Ordinance Book No. 34. page 321.) Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Link and adopted b! the follouing vote: AYES: Messrs. Boswell, Link, Perklnson, Trout. Wheeler and Mayor Webber ......................... NAYS: None .......... O. (Mr. Thomas absent) SALE OF PROPERTy: Council having referred to a committee composed of Messrs. David E. Lisk. Cbairmaa. Julian F. Hiram. James N. Kincenon and J. Robert Thomas for study, report and recommendation a report of the City Manager advising that the city is in receipt of an offer from gr. John D. Relrond to purchase two )arcels of land on Center Avenue, N. W.. described as Lots 1'5 end 16, Block Hyde Perk Land Hap, Official Tax Nos. 2310907 end 2310908, for the sum of $750.00 for each lot. the committee submitted the following report recommending thattho oriel :343 #Roanoke. Var oh~n Jane 8, 19TO Honorable #s~nr and Clt~ Co~ecJl : , · Ronnohe~o Virginia' ' . . The City CounCil-On Harsh 30~ auto,referred· to'the Real Estate Committee a uritten offer by Hr. John O.'HnlrOnd, SOOT Peters Creeh Road, N. W., to pe~ch~ae tun lots ommed bl the City on Center Avenue, N.H. These lots ere'dealgnat~ aa Lots 15 nud'16, Block '15, Hide 'Perk Lshd Subdivisies, Ta~ Noa.'2310gOT end2310908, The offer by Hr. Rnlroed i~ $T50,00 for'each ~ot or a total of $1,500.00. The City Coancii had' previously referred to the Committee un offer by Rr.'~alrond rot this property, mhich offer the Committee felt nas insufficient and ns a result had been in commun~ trion uith the proposed purchaser.,, It IS recommended by the Committee to the City Council that this offer be accepted and that the Cit~ Attorney be authorized to prepare the appropriate ordinance for this sale,, Respectfully.submitted, S/ David ~. L~sk. David E. Lisk S/ James N. Kincanon James N. Kiacauon S/ A. N. Gibson A. N. Gibson for J. R. Thomas $! Julian F. Hirst Julian F. Hirst" nd that the folloulng Ordinance be placed upon its first reading: (=19226} AN ORDINANCE authorizing the City*/ sale and conveyance of Lots . '15 and 16, Section 15, accordingto the revised map of the Hyde Park Land Company*s Addition to the City of Roanoke. bet~ Official N~. 231090~ and 2310908, upon NHEREAS, th~ City is the owner of the lands hereinafter described mhicb sere the subject of a mritten, offer to purchase mede by John D.,Nalrond to the City; RHEREAS, the CouncU's Real Estate Committee, to ~idm said offer mas re(erred ~as reported to the Council advising that the City previously .acquired such lands in ed no public improvements or facilities upm such property and has no p~esent or ~uture need of the same for public purposes, and that it holds the sane as surplus ~roperty; a~ that the sum so offered represents a fair sad reasonable yalue o~ the Land and should be accepted and that conveyance of the title to Said property to ~he offer be authorized and directed on the terms hereinafter set forth, in all,6f THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the ~ffer of John D. Nslrond to purchase and acquire from the City Lots !$ and 16, Sectiot tS. according to the revised map of the Hyde Park Land Company's Addition to the ;ity of Roanoke, bainR Official Nos. 2310gOT and 2310g08, for and in consideration of $1,500,00, cash, upas delivery of. the Cities deed of conveyance be, end said offer ts hereby AUCEFI~O; Bud the City Clerk shall so eotifynid offeror by trans- mittal of ne attested mN of this ordieeuce,' DE IT FGRTDER ORDAINED that the Mayor be, sad he is hereby authorized and eopoxered, for su OR behalf, of the City, to execute to tm aforesaid purchaser. or to'uhoaever said purchaser shall direct in urJtlno, · proper deed of conveyance drama by the City 'Attorney conveyino to said purchaser the fee simple title to each aforesaid lot, such deed to contain the Cityos General Warranty or title, the conveyance to be made ~ubJ'ect to recorded restrictions, conveyances end conditions, end 1970 taxes to be ~rorated from die of delivery of the City's deed and assessed on said lots in the name of the aforesaid porchaser or purchasers; and that the Cry Clerk'b~, and. Js hereby authorized and directed ~affix to the aforesaid deed of conveyance the City's corporate seal and to attest the sane, hath said officials to thereafter acknomledoe their slHnutures as provided by las. BE IT FURTHER ORDAINED that. upon payment to the City of the full sun of $1,500.00o cash. by or oo behalf of the aforesaid purchaser, the City Clerk be. end is hereby authorized to deliver to said purchaser or his authorized represent- ative the City~s deed of conreyance executed us above provided. The notion uae seconded by Mr. Perkinson and adopted by the folio da9 vote: ., AYES: Meusrs, Boswell, Link, Perkinson, Trout, Wheeler and Mayor Mebber ..... 2~ ............... NAYS: None ....... O. (Mr. Thomas absent) UNFINISHED BUSINESS: SEHERS AND S~ORM DRAINS: Council having deferred action on a request of American Motor Inns, Incorporated. for public seuer service for the Holiday Inn unit to be constructed by American Motor Inns, Incorporated, in the ntrthuest quadrant of the intersection of Interstate Route 591 and Virginia Route 117 pen~g receiptof a similar request from the Roanoke County Board of Supervisors, a Resolution adopted by the Roanohe County Board of Supervisors requesting that Council amend Resolution No. 18669 to the extent of allouing and upprovin9 a proposed oenage lift station to be constructed bl American Rotor Inns, Incorporated, Interceptor Be~er in order that a 10.46 and a 27.26 acre trect of land located hetuee Interstate. Route 581 and Route 117 may be developed and furnished math sanitary Roanoke and the County of.~oanoke Under date of September 26, 1954. as revised, nas before Council. Motor Inns, Incorporated, appeared before Council in support of the request of his client and advised that time is of the essence in the matter. 845 After a dlsceooloe or the requeot. Mr. Link moved that the matter be referred to the. City N&aoger for study, report end recemmendotion to embroil and that the Gity Attorney be directed to prepare the proper measure~carrying out the recommendations of the City Manager by the next regular meeting of the body on Mondey, June 22, 1970. The motion nas seconded by Mr. Trout and'unanimousl! adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLL~IONS: AIRPORT: Council having directed the City Attorney to prepare the proper measure accepting the'proposal of Xodges Lumber Corporation for the conatrucdon of an air cargo building, loading dock and related grading, paving and access road- may at Roanoke Municipal (Woodrau) Airport, for the sum of $47.7S5.00, he presented some: whereupon, Mr. Wheeler offered*the Iollouieg emergency Ordinance: (m19227) AN. OaDINANCE a~cepting the proposal of Hodges Lumber Corporation for the Iurnisl~g of all labor Dud materials necesaary for the construction of an air cargo storage and handling building, loading dock, and related grading, paving and access roadway at the Roanoke Municipal Airport; authorizing the proper City officials to execute the mquisite contract; rejecting certainother bids node to the City; and ~ ovidi~ for an emergency. (For full text of Ordinance, see Ordinance Book No. 34. page 321.) Mr. Wheeler moved.the adoption of the Ordinance. The motion mas seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Boswell. Lisk. Perkloson, Trout, Wheeler and. Mayor Webber ......................... b. NAYS: None ..........O. (Mr. Thomas absent) SPECIAL PERMITS-STREETS AND ALLEYS: Cou~ il having directed the City Attorney-to prepare the proper measure granting permission to The Kroger Company for the encroachment of an overhead pneumatic conveyer pipe line and supporting structure across Norfolk Avenue. S. W., batsmen 5th Street and 6th Street, S. W., upon certain terms and conditions, he presented some; whereupon, Mr. Wheeler moved · that the folloqin9 Ordinance be placed upon its first reading: (~19228), AN ORDINANCE permitting the encroachment of an overhead pneumati* conveyer pipe line and supporting structure across Norfolk Avenue, S. W., between 5th and 6th Streets, S. W., upon certain terms and conditions. WHEREAS. representatives of The KroGer Company, onner of property abutting both sides*of Norfolk Avenue, 5. W.. immediately west of 5th Street. S. W., have petitioned the Council that said company be permitted to construct and maintain an overhead pneumatic conveyer line and structure over and across Ncrfolh Avenue at points approximately fortyofoar feet west of. Sth Stree~ to convey bulk flour from a pumping station to be located on Norfolk and Western. Railway Company property north of Norfolk Avenue to the bakery of The Kroger Companyon the south side of Norfolk Avenue. and have exhibited to the Council and filed in the City Clerk*s Office the plans hereinafter mentioned on mhich are shown the detoilv of the proposed structure and NNEiEAS, ~he City Manager, to uhom the proposal nas referred by:th~ C .... i has advised the Council that, c6nstructed ns hereinafter provided, th'e conveyer plp~ line mould not Interfere mJth the movement of traffic aa Norfolk Avenue.and said City Manager hms recommended that permission be'granted to construct and maintn! said pipe line, ss'an encroachment oser~nadocross the aforesaid public street, hut upon the terms and p~orialons hereinafter contained; and - #HEREAS, pursuant to'the authority vested in local gorernfog bodies by ~ 15.1-376 of the 1950'Code of Virginia. ns amended, this Coutll is agreeable to the aforesaid proposal and is uilllng to permit the encroachment hereinafter mentioned across said p~blic street upon the terms and conditons heref~ contained. THEREFORE. HE IT ORDAINED by the Council of the City of Roannke that permission he and is hereby granted The Kroger Company. ouner of properties identlfi~ ,ns Official Non. llilSl~ and 1110713 on the City's Tax Appraisal Map to constrnct an( maiutnln over and across Norfolk Avenue. S. M.. at points approximately forty-four feet mesa of 5th Street, S. N,. n pneumatic conveyer pipe line and supporting struoture and relsted electrical conduit for the purpose of ~onreying flour or other bakery materials, in buik. from a pu~ping station on property of the Norfolk and IMestern Ral/uay Company north of Norfolk Arenue to the bakery plant'of The Kroger Company on the south side of Norfolk Avenue, S. M., all such permission ~nd authorit being granted, houever, subject to the followino express terms, conditions, limita- tions and provisions, vi~.: 1. That the aforesaid pipe line conveyer s~tem be construoted by s aid annas and be thereafter maintained us is shown on two sheets of plans prepared for The Kro~er Company by J. N. Yeatts, Architect. Sheet I of which bears date of April 13, 1970, revised May 17~ 1970, and Sheet 2 of Mhich bears date of Ray 17, 1~?0, which said plans are on iii e in .the Office of the City Clerk and a re incorporated herein by reference; 2. That all such structure shall be erected by said ownernpon permit duly issued by'the Commissioner of Buildings and in accordance math nil applicable building codes and requirements Of the City; 3. That no part o~ portion of said pipe.line or of the supporting structure therefor shall be closer than eighteen feet above any improved surface of Norfolk Avenue. S. W., in the line of its crossing and as said street surface iS or may hereafter be maintained by the City; 4. That there be maintained by said ouner oi the east and west sides of said structure signs in form approved by the City Manager through an appropriate department of the City !tattnQ the minimum clearance of the lowest port~m of the aforesaid structure over the right of may of Norfolk Avenue; :'347 · utility ~inea~ poles or fixtures mil in anyulse be effected by such encroachment; 60 That said Darter secure end maintain insurance covernge throsgh nose insurance company approved by the City Hunnger insuring said uncr against liability for personal injury and property damage by reason of the construction, oonershlp, and maintenance of that portion of the aforesaid pipe line structure mhich eacrnache over Horfom Avenue. S. U.. uith limits of one hundred thousand to three hundred thousand dollars for personal lnJurf and of f i~y thousand dollars for property damage; sad that copies of such insurance policies or proper certificates o! such insurance be filed aitb me City Clerh· thereuftor to be hept in force and'maintained during the period such encroachment Is allowed to continue; 7. That~said owner, its successors or assigns do, hy accepting tM taros and provl:sions of this ordinance and by making and maintaining.the aforesaid encroachment, covenant and agree toindemnify end save hnraless the City of Rosnok~ of and from all claims for i~Juriea or dauag~to persons or propert~ that may arise hi reason er the construction, existence or mnlntennnce of the aforesaid encroachueut over said public street. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as a aritten peru it shall have been issued by the City's Building Connissioner to the aforesaid owner· or its duly authorized contractor or representative, until proof of the insurance coverage herein required shall have been filed in the Office of the City Clerk· an~ until' an attested copy of this ordinance shall have been duly signed. Sealed and scknoaledged by the said The Kroger Company and shall have been aduitted to record· at the cost of said sermittee, in the Clerkes Office of the Hustings Court of the City of Roanoke. EXECLrfED and accepted by the undersigned this . , 1970: ATTEST: (Title) STATE OF .) ) To-wit: CITY OF ) day of THE K~OOEH COMPANY by. (Title) of State of ,. and respectively, of The Kroger Coupany;who~e nnues as such are signed to the foreooin9 uriting bearing date tau __ day of ,1970, have this date personally appeared before me in my City and State aforesaid and acknowledged the same. GIVEN under my hand this - day of . , 1979. · a Notary Publicin and for the City · do here.by certify that ' Notary Public My coemission'expires: · 19 The motion was seconded by Mr. Trout and adopted by ~le following vote: AYES: Messrs, Bosuell. Link, Perkinson, Trout, Wheeler end Mayor MAYS: 'Non~--+ ......... ~. (yr..Thomas cbse'nt) MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC-POLICE DEPARTMENT: Mayor Webber presented s ~oamuaicatlon end photographs frou Mrna Betty Masters. Photographer for The Tines-World Corporntion. commending polic~ officers who uere assigned to re-direct motorists in connectbn mith trnrfic c~n'rusi'nn mbl~h resulted from the el*os'lng of a portion of Franklin Road. S. W. Mr. Trout norad tbnt the cenmunlcatkn and pbotogrnpbs be referred to the Cia! #eneger for his transuittal to the Police Depnrtuent. The motion Nas seconded by Mr. Mheeler and uneniuously adopted. CITY EMPLOYEES: Mr. Perkins.on cUlled to the attention of Council that citl enplolees hate lost nt least three of their paid holidals due to the fact that thel fell on Sat?rdey and noted that the City Attorney be directed to prepare the proper measure proclaiming Fridnl, Jull 3, 1970. as a legal holid.al for clt~ emplolees thls lear null. The motion nas seconded b! Mr. Trout and unnnimousil adopted. AIRPORT: Mr. Trout read the follouing prepared statement proposing that Council consider the establishment of a departuent of government for airport activities similar to the water end sewer departments to be under the direction of the Citl Manager: 'June Il, 1970 Members of Roanoke Cttl Council A proposal that Council consider the esteblisbnent of n depart- ment of government for airport activities siuilav to the water and sewer departments nnd be under tbe ~Yfice of the City Manager. Having tion and development of the airport nnd we would have a better picture of the airport financing. It is obvious that we need to develop a better.program for total operation of all activities and would be in a position to develop long range plans for expansion of the airport. us to finance development of the terminal end other expansion programs through revenue honda if It could be reach11 shown that income could meet the revenue demand for paying off of the bonds. At the present tiue acme $1SO,O00 is available in the airport account for terminal mark and this could be returned to the general fund to meet the demanding problems of balancing the current budget. This is feasible because me should not undertnhe total expansion of the terminal nntl~ me receive the consultant's report end bare time to evaluate theft reconnendations. This mfldd certninlI be after the Jail I deadline faf the budget, Also, the financial situation being as it is, it ts rery doubtful if ue mould undertake e satisfactorI development of the airport through monies appropriated from tbe general fund. Through the efforts of Senator Spong, Roanoke is one of the first cities in the nation to receive a copy of the mew Airport and Airwnl Development Act'of 1970 Just recently signed by the President. Over a period of some eight months I have followed with enthusiasm the House and Senate versions of this bill and feel that tbe Airport Act should :'349 be of greta benefit to the develoPmeht~--- or t~'ei'o,uoka Al'rP°r~, Mhile the act does sot appropriate fends for dev~lb~ieot ~6~ tbrmi~sls and psrkiag lots-si the .airports it does; ~ouever~ sppropriete funds for bsggsge facilities, this being recognized as . requirement for psssesger service sad convenience, i'llhe to point eut thin. the buggagecsrrousel st the .Bristol Airport'cest spproxlaatell $120,000. Seourle~ f,adi rnr this mould certsJsly be 8 great savings to the cit~ is ie plan to have such ss im~roveient st- our termi~oi. llth tun nam members ~ekleg ~ests c~ council mitkin epproxlustel~ 60 dals, I think they should be given the opportunity to study the men Airport Bill, revien the recounio'dstions of the ¢onsultuats.,uhich she&Id be uuaiisble. I beliers, mitblo tbs next rem seeks ssd be gl.yea the opportunity tn toke port ia the finsl' decision on slrport development. I recommend that this proposal be referred to the City Manager and the City Attorney for their comments and recommendationz. S/ Jim Trout Jim Trout# After a discussion Of the matter. Mrs Trout moved that the proposal he referred to the City Manager. the City Attorney and the City Auditor for study. report and recoinendation to Council, The motion mas seconded by Mr. Link and uosuiaousi~ sdopted. There ~eln~ no f~rther ~ustness. Mayer Wabber de¢lnred the meeting adjourned. ATTE~: Mayor COUNCIL, REGULAR MEETING, Monday, June 22, 1970. The Council of the City of Roanoke wet ~n regular meeting In the Council Chnwber in the Municipal Building. Monday June 22. 1970. ,l 2 p.m.. the regular meeting hour. with Mayor Mebber presiding. PRESENt: Councilmen John Mo Boswell. David W. Link. Frank N. Perkinson. Jr.. Hampton M. Thomas. Janes O. Trout. Vincent S. Wheeler and Mayor Roy L. Webber .............................. 7. ABSEnt: None ............. O. OFFICERS PRESEt'F: Mr. Julian F. Hirer. City Manager, Mr, Byron E. Haner, Assistant City Manager. Mr. James N. Klncanon. City Attorney end Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting nas'opened with n prayer by the Reverend Frank H. Yeat. Jr.~ Rector. Christ Episcopal Church. MINUTES: Copy of the minutes of the regular ueeting held on Ronduy. June 1. 1970. having he~n furnished each member of Council. on motion of Mr. Thomas. seconded by Mr. Trout and unanimously adopted, the Feuding thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: Couecl~ having set a public hearing ~r Monday, June 22. 1970, on the request of Mrs. Margie S. Etter. that the northwest portion of a 12-foot alley running in a northwesterly-southeasterly direction from Templeton Avant East Gate Avenue. N. E., be vacated, discontinued and closed the matter was before the body. In this connection, the City Planning CommisSion submitted the following report recommending that the request be granted: "May 21, 1970 The Honorable Roy L. Mebber. Mayor. and Members of City Council Roanoke, Virginia Gentlemen: The absue cited request was considered bi the Planning Commis- sion ut its reoular meeting of May RO, 1970. Mr. R. P. Barnes, attorney for the peit/oner, appeared before the Ptnnning Commission and in his presentation stated the follomlng: (a) that a portion of the petitioners home is situated On the 12-foot alley in question. (b) that the alley is, to some extent, being' utlllze~ by garbage vehicles for the pickup of garbage. However. that portion of the 12~foot alley in question ia not being presently utilized for garbage collection (the Director of Public Norks confirmed this statement). (c) that the petitioner will dedicate a 15-foot strip (located in a portion of the lot described as Tux Map Number 3341102) to the City subject to the conveyance of the 12-foot alley to the petitioner, and provided that at any time the alley lu opened that the 15-foot strip mould revert back to the petit h, er. Accordingly. motion uus made and duly seconded nnd unnnimoasly approved recommending to City Council that thin petition be approved subject to the dedication and conveyance by the peri%loner to the City of the 15 foot strip. · - Sincerely. S/ John fl. Purrott by L. John H. Parvott Cbnirmen~ The vieneru appointed to study the mutter submitted a uritten report advising that they have vieued the alley in question nnd the neighboring property and ere unnniaonsly of t~e opiaion that no inconvenience mould result either to any individual or to the public from vacating, discontinuing and closing the alley. Mr. ~. ~. Barnes, Attorney. representing the petitioner, appeared before Council insupport of the request of his client. In n discussion of the matter, the City Attorney advised that Mrs. Etter has offered to convey to the City of Roanoke o strip of land contalnJ~ approximatel 900 square feet being on the southwest line of 20th Street, N. E.. in exchange for the conveyance by the City of a triangular-shaped sliver of land containing approximately 775 square feet adjacent to her property and recommended that Council refer the offer to the Real Estate Committee for study, report and recommendation. After a discussion Of the request, Mr. Mheeler moved that action on the mutter be deferred one meek pending a report from the City Attorney as to the Idopted. ~REETS AND ALLEYS: Council having set a public hearing for Monday, June !2, 1970, on the request of Mr. Alfred Beckley, Jr** et ax., that a portion of the street located on the southmost corner of Walnut Avenue and Sylvan Ruud, S. E.. be vacated, discontJnned and closed, the matter was before the body. In this connection, the City Planning Commission submitted the following "May 21, 1970 The Honorable Roy L. ~ebber. mayor and Members of City Council Roanoke, Virginia Gentlemen: Zhe nhore cited request was considered by the City Planning Commission at its regular meeting of Ray 20, 1970. Mr. John H. Kenflett. Jr.. attorney for the petitioner, appeared before the Plunnlng Commission and stated that the petitloner*s home presently occupied the laud on the portion of the street requested for closure and, in addit~n, that both the State Bighmay Department Officials and the City Attorney hsd agreed to this street closure. (Mr. John KenneLs stated that agreement hud been reached #tth the City Attorney and the State Bighway Department Officials to the mutual benefit Of both the City and the petitioner.) Accordingly, motion mos made. duly seconded' nnd unanimously approved recommending to City Coancil that this request be approved. Sincerely, S/ John H. Pnrrott by John H. Porrott The vieuers appointed to study the matter submitted i mritten report advis- ing that they have vleued the street in question nnd the aelohborino property and ave nnnnlmoualy of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing the street. Mr. John fl. Kennett. Jr.. Attorney, represent iV the petitioner, appeared before Council in support of the request of his client. No one appearing in opposition to vacating, discontiuning and closing the street, NF. PerkJason moved that the follomJng OrdJnauce be placed upon its first reading: (~19229) AN ORDINANCE permanently vacating, discontinuing nnd closing n )ortion of a street in the City of Roanoke, ¥irginin, at the southmest corner of lulnut Avenue, Southeast. and Sylvan Road. Southeast, and more particularly shown ion the plat of survey dated March 30. 1970 by David Dick and Harry A. Rail, Civil RREREAS, an application was made to the Council of the City of Roanoke on ~pril 13, 1970 by Alfred ~eckley. Jr. and Keturah P. Beckley, husband and wife. to :lose a portion of a street after the applicants had on April 1. 1970, and more than ;eD days before presenting application, posted notice of their intended application ~o the Councilor the City of Roanoke to close the portion of said street respectively tt the front door of the municipal ~uilding, 214 Campbell Avenue Southwest; ut the Ioanoke City Harket House at the Campbell Avenue entrance; and at 311 Randolph Street ~outheast. all within the City of Roanoke. Virginia. with the uotice and an affidavit )f posting it by Deputy Sergeant of the City of Roanoke. Virginia, attached to the ~pplication to close a portion of the street; and ~HEREAS. in accordance with L~ application for closing the portion of lbo ;treat and as provided bisection 15.1-364 of the Code of Virginia of 1950. ns ~mended, viewers were appointed by resolution of this Council on April 13. 1970 ;o view the property and to report in writ~g whether in their opinion, any and if any. ~hat, inconvenience Mould result from permanently vacating, discontinuing and closing ;aid portion of the street; end WHEREAS. said viewers have filed a written report stating that no macon- radiance would result either to nn~ individual or to the public fro~ permanently ~acating. discontinuing nod closing said portion of the street; and ~HER£AS. the City Planning Commission, to whom Council of the City of Rom ok itit~ ueetJng aa April 13, 1970, referred the application for closing the portion of :353 the street, have recommended by urittem report dated Hey 21, 1970 that the portion of the street be cloned as requested; and MREREAS, after proper osd timely notice, n public hearing on cloning the portinG'or the ntreet mas held on the 22nd day of June, 197o, st 2:00 o'cloch before the Council of the C]~ of Roanoke, Virginia, at mhich leering all parties in interest and citizens mere given on opportunity to be heard, both for o~agnlnst the closing or said portiee of the street; nnd MHRREAS, from the reportn and other evidence, this Council in of the opinion that no inconvenience mill renult to any individual or to public from permanently vacating, dfncoatfaufag and closing the.portion of the ntreet sought to be closed and that accordingly.said portion of the ntreet nhould be permanently closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all that certain portion Of a street lying and being in the City of Ronnoke and more particularly dencribed an rulings: BEGINNING at a point on the southmest corner of Rnlnut Avenue, Southeast. and Sylvan Road. Southeast; thence along the southerly side of Silvan Road, N, 91~ 45* 40' M. (deed call N. 61° SO' N.) 122.1 feet to a point;thence N, 30~ 21' 40#M. 4.23 feet to a point; thence S. 67* 30* E. 78,39 feet to a point on a curve; thence uitha curve to the right, mhose radios is 35 feet and mhose chord and tangent in S. 87u SI* 20" E. 37,04 feet, an nrc distance of 39.03 feet to a point on same; thence mith another curve to the right, abuse radius is 954.93 feet and mhose chord and tangent is S, $6 22' 20' g. 15.97 feet, an arc distance of 15.97 feet to a point; thence mith the nouthuesterly side of a new right-of-may line for a nam road up Hill Mountain, 5. 55~ 50~ 10' E, 135.17 feet to a point on same; thence leaving mid nam right-of-may line, $. 41u 56* 20# (deed call side Of Walnut Avenue ;xtended; thence ulth the south- westerly side of Walnut Avenue Extended N. 49~ 03'dD" N. (deed call N. 48v 05' W.) 153 feet to the place of BEGINNING; and more particu- larly shomn On the plat Of Survey dated March 39, 1970 by David Dick and Harry An Wall, Civil Engineers and Surv.eyorSo be, and the same hereby is, permanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke and of the public in and to the sa~e be, and the sane hereby is. released in so far aS the Council of the City of Roanoke is emponered to do so, except a permanent easement is hereby reserved by the City of Roanoke for utilities, if any. nom located in the portion nY the street hereby closed. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, dicected to mark 'permanently vacated~ on the portion of said street hereby closed on all maps and plats on file in his office on ~bDi said street is shomn, referring to the book and page of Ordinances and Resolutions of the Conncil of the City of Roanoke mherein this Ordinance shall be spread. BE IT FURTHER OR~A1NED that the Clerk of the/Council deliver to the Clerk of the Rustings Court of 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 records recorded in his office and upon ~hich are sho~n said street, as provided by law. and that, if so requested by any party in interest, he may record the same in the current deed book in his office indexing the same in the name of the City Of The notion was seconded by Mr. Mheeler and cdopted by the following rote: AYES: Messrs. 8~ well. Link. Perklmson. TAcoma, Tront, Mkeeler and #eyor ~ebber .......... ~ .......... 7. NAYS: Moue ............ O. PAY PLAN-CITT EMPLOYEES: Mr. M. E. Myers. Consultant, Public Service Employees Local Un~n. No. 1261. appeared before Council end reiterated the request of Local Union No. 1261 that the Council of the City of Roanoke authorize the City Manager to set up voting booths et the various murk stations of the blue collar employees of the City of M(moke for the holding of an election by secret ballot under the supervision of disinterested citizens on the question of desiguutino Local Union No. 1261 to oct es their extlusive spokesman mith the City of Roanohe on all nat~rs pertaining to their employment. In this connection, the City N~ager submitted the follouing.reportrecouo zendin9 that Council receive and file the matter and that no official action be ta~el thereon: "Roano~eo Virginia June 22. 1970 Honorable Mayor and ~ity Co,nell Roannhe. Virginia City Council on June 11. 1970. received · re~nder request for permission to conduct Union elections on City property from Mr. M. E. Myers mbo represents the American Federation of Labor--Congress of Industrial Organization (AFL-CIO). A similar reminder request hod been previously received by City Council on April 22. 1970. from Mr. Arnold Schlossberg. Legal Counsel for the AFL-CIO. This matter refers back to on initial request by Mr. Myers before City Council on March 23. 1970o at mhich time he requested authorization by City Council to conduct an election among City employees in behalf of the Union being designated *to oc~ as exclusive spokesman mitb the City Mr. Myers and Mr.. Schlossber9 are proceeding before the City Council under a local unit name of 'Public Service Employees Local Union NO. 126l.' By report of March 30. 1970. I advised City Council as to my opinion mith respect to that initial request by tM Labor Unlon~ It is under- Council members; houever. I have not had e copy of it. It uSuld appear that the Original request of the Union still stands and is un integral part of the recent reminder requests. The o~ly refinement is that the Union nam centrniizes on the central questions of the use 6f City property .to conduct an election and the It logically follows that the one item decision of sherbet or not~ permit ese of City property also refers back and includes the original proposal to authorize the option of'the AFL-CIO to represent to employment. In otber'~ords the one lien of property use is at the same time the uhole package. My comments submitted respectfully to the CityCouncil ia. my report of March 30. 1970, mould still stand for me and I see no change in conditions ns to]Id Justify my revision of those observations or opinions. Ney I briefly add tbo~follomlmg Comme~ mm the request by tho Lmbor UeSom to eseClty priperty. The matter of the City Council's permission, is un! form howsoever, to use City property ~r I Union election or elections Mould be of major significance to the AFL-CIO. There ere the folloulng reasons: 1. The above comments us to ~his being e total package approval. 2. The City Council end the City government is led to · position of having to respond or act fe some munner mbea presented mith the results of eeI Inch election or elections. 3. The AFL-CIO is granted · permission eot granted to others end mklcb possibly could eot be granted to others once grunted to the hFL-CIO and/or the specific indirfduuls non requesting such permission. 4. The election, its condu~, its sponsors end its purpose beceees uuthorized by the City Council end all employees ere accordingly plmced mm notice. The other recent question submitted by the Union es to ~ho supervises the conduct of say.such election or elections the Unfen may sponsor is eot. et this particular puint, of any great signifi- cance. Physical supervision could be by almost Uny group of people mhatsoever. It is reasonably certain thus the Union mould be accept- able to uny form of supervision or absence of supervision simply, to achieve the single point al the City Council's endorsement Of an election or elections. And this endorsement mould automatically result From any approval, formal, informal or tacit, of an election. of use Of City property and/or Of supervis~on. It mould be again firmly recommended that the City Council file the referenced matter and take no action thereon. Respectfully submitted, S/ Julian F, HJrst Julian F. Hirst City Manager' In e discussion of tho matter, Mr, Trout pointed out that since this · rocedure calls for a change in city policy that action on the mutter be deferred total Council is reorganized in September, Mr. Lisk expressed the opinion that if Council defers action on the request until it reorganizes in September it mill simply_be p~ssin9 the buck, that this is a matter for the present Council to act upon and moved that Council vote on the request at this time~ The motion mas seconded by Mr. PerkJnson and adapted by the follomiu9 vote: AYES: Messrs. Bosmell, Lisk, Peektnson u~ Thomas ............... 4. NAYS: Messrs. Trout, Wheeler and Mayor Webber ...................3. Mr, Perkinson then moved that the matter be referred to the City Attorney [or preparation of the proper measure gra.nting tho request of Public Service ~mployees Local Union No, 1261. The motion mas seconded by Mr, Thomas and lost by the follouino vote: AYES: Messrs. Lisk, Perkinson and Thomas .......................3. NAYS: Messrs. boswell, Trout, Wheeler and Mayor Webber .........4. 857.' Mr. Trout then moved that ectJoa ga the matter be deferred until Council reorganizea in September. The motion mis aeconded by Hr. Thomas and sdq~ed by the following vole: AYES: Messrs. LUsh, P,rheas,n, Th,mis, Troul, Wheeler eld #myer · ebher ....................................................................... 6. NAYS: Mr. B,smell ....~--~ ......................................... 1. ZONING: Mru. Elizabelh BishOp appeared.before the body and requested thet Council issue a nou-conformino permit to Hr. 3ge H. Wheby to operale a grocery al,re located ut 311 16lb Street, S. N., uhJch nas ~ade non-conforming due to the enuclment of the neM Zoning Ordinance on August 29. 1966.* Hr. Wheeler moved that the mutter be referred to the City Attorney ~or preparation of the pro'er measure authorizing the issuance ,fun,n-conforming permit for the continued use of the ~rocery stere. The m,lion mas seconded by ~r, Tv,al and unanimously adopted. Hr. LUsh then moved lhat the overall queslion of grouting furlher non- conforming permits be referred to the Cit~ M~nuger for study,~report end recommenduti ica Council. The mo~foa nas seconded by Mr. ~homus and unanimously adopted. CITY EMPLOYEES-DEP~TMEN*~ OF PUBLIC NELFARE: Mrs. Zomun K. appeared before Council and read u prepared statement in connection mith complaints of city employees and advising that there is s~rong sentiment among Negroe and white citizens that welfare destroys the fighting spirit of individuals by giving them financial support. Mr. Lisk moved that the statement be received and filed. The motion seconded by Mr. Perhinsoe and unanimously adopted. PETITIONS AND COMMUNICATIONS: HEALTH DEPARTM~F~: A c~mmunication from Mr. Robert W. Spessard, requestin9 that Resol'ution No, 1853S approvin9 the establishment of a single community mental health services program and a ~ingle commnnity mental ~ealth services board for the Counties of B~tetourt 'and Roanoke and the Cities of Roanoke and Salem, b~ amended to delete the County of Botetourt, Has b~fore Council. Mr. Wheeler moved that 'the matter be referred to the City ~ttorney for preparation of the proper measure. The motion was seconded by Mr. Trout and unauim ly udo~ted, STREETS A~O ALLEYS: An application of Mr. Leroy Moron. Attorney, repre- senting Interstate Equipment Corporation. requesting that all that portion Of au alley or roadMay knoufl us Jacison Avenue. S. W., between the east line of 9th ~treet and the east line of 9 1/2 Street. S. w., bounded on the north by the Norfolk and ·estetn RaJlmay Company ~ght of May a~d on the south by Lots 6 and T. Section 15, tad Lot 9, S~ctlon 10, J. N. Mebb Nsp, sad u ~orti~s of 9th Street, Bom closed, bn vscated, discontinued and closed, nun before Conncll. Mr. Link offered the follouing Resolutim providing for the appointment of sJeuers la connection uith tim application for closing the alley or ronduuy: (#19230) A RESOLU~IO~ providing for the appointment of five free-holders, uny three of mhoo msy sct. ns vleuers in connection uith nppli~lon or petition of the Interstate Equipment Corporation to vscste, diacontinue, and close that portion of un alley or rosduay kooos la Jackson Areuuc, S, W., betueen tbe ennt line of 9th Street nnd the east line of 9 1/2 Street, S. W** bounded on the north by the Norfolk nnd Western Railway Coopnny'a right of uny. and on the south by Lots & and Section 15. and Lot 9, Section I00 J~ W. ~ebb Map, sod s portion of 9th Street, S, closed, as provided by Section 15.1-364 of the l~SO'Code of Virginia. ns amended date. (For full text of Resolution. see Resolutioh Book No. 34. page'326o}. Mr. Lisk moved the adoption of the Resolution+ The motion mas seconded Mr. Wheeler and adopted by the folloming vote: AYES: Messrs. Bosmell. Link, Perkinson0 Thomas, Trout, Wheeler and ~ayor Webber ........................... ?. NAYS: None .................. O. Jro Liak then moved that the m~tter be referred to the City Planning ~ommission for study, report and recommendation to Council. The motion mas seconded By Mr. Wheeler and unanimously adapted. PLANNING: Copy of a Resolution adopted by the Board of Supervisors of ~oanoke County on Wednesday. May 27, 1970, requesting congress i mai authority for comprehensive study of the Upper Roanoke I~ver Basin. was before Council. Mr. Wheeler moved that the Remtution be received and filed. The motion seconded by Mr. Trout and unanimously adopted. SALE OF.PROPERTY: A communicatim from Nv. Jesse M. Ramsey, offering to sell to the City of Roanoke the Fairlund Lake property which connista of 32.487 acre2 of land for the sum of $120,000.00, sas before Council. Mr. Thomas moved that the offer ba received and filed. The motion was seconded by Mr. Wheeler and unanimously adopted, HEALTH DEPARTMENT: A communicatim from Mr. Joseph C. Bro~n, Administrative ~ssistant, Roanoke City Bealth Department, advising that the Bealth Department has ~epostted with the C'lty Treasurer checks in the amounts of $1,9~2.52 and $1,20§.75 representing the shre of the City of Roanoke for participation from Hecember 1, 1969, through February 28, 1970, in the General Medical Clinic and Pharmacy, was before Council. Mr. Trout moved that the communication he received and filed. The motion seconded by Mr. L~nk and unanimously adopted. SCHOOLS: A communication from Mr. Duncan C. Kennedy, tendering his reafgautlom es Chairman of ibm Roanoke City Scrag] Board, effective Joly l, 1970, uts before Council. Hr, Link moved that the resignation be accepted Math regret sad thutthe City Attorney be directed to prepare the proper measure expressing appreciation to Rt. ~ennedy for his services. The motion aaa seconded by Mr. Perklnsco end ~unso~muusly adopted. BUDGET-STATE COMPEMSATZON DOARD-CORRONWEALTH*S ATTORNEY: Copy of s :ommunicntion from the State Compensation Board, addressed to Mr. Samuel A. Garrison, III. Commonmeolth's Attorney, advising that the Compensutiou Board Is adding $90.00 to his office expense account for typeMriter service contracts. ~s ibefore Council. Mr. Thomas moved that the communJ~ation be received and filed. Thee motion las seconded by Rt. ~heeler and unu~imousl! adopted. BUDGET-b'FATE COMPENSATION BOARD-CITY SERGEANT: Copy Of u communication From the State Compensation Board, addressed to Mr. Kermit E. Allman, City Sergeant tdvising that the Compensation Board approved au annual rate of $5,840.00 for Mr. ~. E. Fry, ~ubJect to the concurrence of Council. for the fiscal year 1970-71, and ;hat the'Compensation Board mill reconsider his request for three additional positionl Mr. Thomas moved that the communication be received and filed. The motion las S~conded by Mr. Trout and unanimously adopted. TAXES: A commueicatlon from the Roanoke Valley Chamber of Commerce, ~ecommending that a long-range study of the entire tax base in the City of Roanoke )e undertaken math the vieu of a realistic reduction in the utility tax which they ~eel mill greatly stimulate economic growth in'the city. Mas before Council. Mr. Jack M. Coodykoontz, Manager of the Business Service Department Of the roanoke Volley Chamber of Commerce. appeared before tbs body in support of the requesl fuyor Nebber be requested to appoint a committee to study mid tax base and report )ach to Council. The motion uss seconded by Mr. Lisk and unanimovsly adopted. REPORYS OF OFFICERS: TRAFFIC: Council hav~ngreferred to the City Ronsger for Study and report communicotiou from Mr. John O. Athins, complaining of a traffic hazard at llth treet and Jumison ~venue, S. E., and offering several sugg~ tbns as to how the :ondition can be corrected, the City Manager submitted the follouing report: June 22, 1970 Honorable Mayor and City Council Roanoke, Virginia 359 '0e Aprfl~6~ 19T0,~Clt~ Conncilreeelred N letter from Reverend John O. Athlnso Ranis*er, Belmont Christian Chnrch~ fn regard to traffic ncCideets ut the'intersection'of l~th'Street end'Jnmiaon Avenue (¥Irgieie Route 24°) Reverend AthlNa exprefled concern es to nccidents occurring et this intersection nnd undo lateral-serges*fees no ~o es to corrected mensaren fa.the polsibfiit! *hi. these Bight move or ufnfnfze eel existing heznrda. I qmoto mt feilomn ms to the aDores*iDes b! Reverend Atkles~. 'l) Expedite the Virgluin Highiny Department to complete its program for Rt. 24 from llth Street to 16th Street - or 2) Erect · temporerl stop light at the corner o! llth Street end 3) Excevnte the corners (Belmont Christian' Church and ucross Jnmfson Aeenue us the opposite corner) - dealed the removal of the sign in front of A ~ T Improvement Compnn! - prohibit parhing in front of Belmont Christina Church and on the Neat ride of lltb Street both north end south of Jamison Avenue. 4) Route traffic Coning East on Rt. 24 to turn et 9th Street end traffic lfohta to control the traffic.' The Citl Council referred this to me for studl end report end l do so aa fOIIONF, Over n period of Mayoral years° this intersection boa been studied on a nueber of occasions as have others at Nhich accidents occur. The couple*ion of Route 24 betNeen llth Street Nnd 16th Street, S. E** is morlng consistent mltb other progrnms NJ*bin the hfghNn~ department. Some prelimioarl surve! has alreadl been ashen. However, as Mill be Noted in the follouing comments, the designation of this ar Route 24 is not considered to be the primerl cause of ami necident problems. Rhlle it ia true thnt accidents have increased at this location sinc~ Route 24 traffic has been moved to Elm Avenue - Jamison Avenue, this has been someuhnt to be expected and is normal in vieN Of the fact there is a substantial increase in the trellis nON using Jamiaon Avenue through this area. A studl of the accident diagram for the location shoes that traffic that ma! be folloNJng Route 24 eno*Nard and using Bullitt Avenue, llth Street, Jauison Avenue. ere not the vehicles being involved in accidents concerned as these vehicles Mould make a right turn et the intersection and Not be in conflict with the The sa~orit~ of the accidents involve right angle collisions betMeen vehicles moving north or south on Eleventh.Street and m~stbound.on Jamison A~enue. This evidence points to sight clearance probleas on front of the Belmont Christian Church. In one case the obstacle fsa retaining Null. corner column and slope fill lard Nhile in the second instance, on the Church side, there is a two~foot, six-inch concrete Nail topped Nith O tuo-foo~ hedge involved. Both of these obstacles are prohibited under the Zoning Ordinance but ex.ed prior to the clause cee be confirmed. Since both obstacles are on private property, the Citl is not ie the position to make an~ correction Lo them. The further review of the accident records indicate that accidents did not take place doting the hours when the Church Mas in use and this would ~eem to indicate parhieg is not.n major coutrlbutino factor. No parking is permitted on the north side of Jamison Avenne. Eeviem of traffic volhmes does not Justi'f! the installation of a traffic signal at this location on · volume basis and the number and conditions of accidents is not of sufficient strength to support · signal. When high accident locations in Roanoke were lmt computed by the Police Department, this location rated ~Oth from the top of ali locutions reported. Present traffic control devices consist Of stop signs, painted bar stops and the Nord message 'STOP* applied to the pavements. II 'Tkh,Cl{~ ~i~l~r~c~ tb~ ueces~ary'siga~ ~o-'pr6~ib~p~kin~ in fro~t of the ChrJstinn Church prepertles~oa both sides of. llth Street. this the reda~ti~a~li~ecCldek~ ~ate'mould be d~btf~i'uitk the continu- ation of the sight clearance obstacles. · Ne be~e'g0~e~fe~'som~ detail ns to. tb'~s~gg~sti~oa Of th~ r~utJng of eest~ound:Rout'e'24 e~er Ninth Street'und'Jnmle0e Avenue rather ~hne over the existing route eastward by Onllitk Avenue end llth Street from NiathSt~eet'tO~Ji~s~u~ *Vh~ Sttee~iou'he~e~ik that treffic'~a not necessarily routed b! the erected route marking signs. The majority or traffic rbutes.'itieif in accordance with duilj usage of vehicles by the thousands of persons driving their vehicles to and rte Ia accordance math their normal-pursuits. Route Barkers serve primTri!y ko Insist tkroagh traffic where the vehicle~operutor'is u stranger. Route 24 uith destination outside of the Roanoke metropolitan area. Best calculations are that os Jsmiaon Avenue at this locet~n the value of through tYarfic would:not exceed tug percent of the total traffic. This contrasts uith up:to 20 percent on'Routes 11, 220 nnd through southeast ere familihr for the most part mlth the local street s~stem. In other nerds this is the route that the! would more than l J~el! select Irrespective of route markings. If the'vehicle operator is moving eastward oR Route 24 and traveling on DulIftt Avenue reaches Ninth Street. there Is a point of decision. The question is m to shall he uake'a left tare and theu'a right turn buck against too-nut trnffic less congested route with one less traffic signal controlled intersectfen? The stranger mill follom the .route markings as he does not have the abJlft! to evaluate the choice o! routes as compared math a vehicle operator who is familiar with the'street pattern. Consequently, as in instance of Route 24. the route markers have little or no affect on driving habits of.local citizens~ The next consfderntion with respect to the route location is that vehicles moving east on Route 24 make n right turn ut the intersection of'llth Street and Jnmlson Avenue to continue on*eastmard on Jamlson. As earlier stated'in this report studies of accidents show that these are not the vehicles that are being involved ia the accidents. But rather it is apparently local vehicles which would be moving directl~ across Jnmison. Further analysis of the accidents has shown that passenger cars are prJmnril! the types of vehicles Of further interest has been that in review it is found that both part, es involved In the accidents, in the mn~ grimy of cases, reside in the southeast section of the Cit~. Our conclusion is that the eliminating of parking as earlier stated will be done to alcertain the extent t~ it would benefit the accident record of the intersection and that beyond that ha~lJng and recognizing the inabilit~ to remove sight obstacles on private prepay, it is not concluded that there would be desirable altanntives that could be applied to eliminate accident potential at this intersection. Ne appreciate the interest of Reverend AtkJns in calling this to our attention along with the attention of the City Council. The concern and suggestions Of citizens is of uuch help to us in proupting review that night be taken ~o remed~ any traffic problems within the City. Respecttull~ submitted, $/ Julian F. Rirst Julian F. Hirst cie! Reneger~ Rt. Rheeler moved that the report be received and filed. The motion was seconded b~ Mr. Thomas and unanimously adopted. RAH~R FIELD: Council having referred to ~e Citl Henager for studl report and recommendation a communication from Hr. Rarvin G. Peters. 6th District At.tic Officer, The American Legion. Department of Virginia, r~questin0 that the Cit~ of Roanoke permit the use of fisher Field free of charge ~or the two baseball teems 36;L sponsored bj Americom LeGion Pool No, 3 gad American Legion Post No. 240 in the Americas £egiom Beaehei] Program, furnish the lights free of charge tad ply the umpires, the Cltj Menages submitted the follnuing report advising that if it is so determined bj Council the cat! is in · position t'o absorb ~h~ cost o! night lighting sad res the services of officials at the baseball games: "Roanoke, ¥1rohie June 22, 1970 Honorable Major end Cit~ Council goanohe.'Virohia Gentlem~n: On June 0. 1970, Hr.' Marvin G. Peters. on behalf of Am~icsn Legion Post Nos~ 3 end 249, oppsered before City Council requesting special consideration in the Au&riCOh Legion Hssebull prnOrsu. Thej eshed that the Council maive the $25.00 per night charge for lhe use of electdc lights et Maher Field amd that the City a~me the cost of officials. This matter ceme before the Council last June mhen the Legion made this similar request. Generally the basis upon uhich thej asked this consideration is that the program is for boys under 19 Jests' of age. The tmo Hoaooke teams play in:a Sixth District League mhich locludes Rocky Monnt.*Lyechburg, Huchanan. Clifton Forge, Covington,end Stannton. Admission in free to the games which locally are paid at Mahnr Field. The American Legion is financing the uniforms, equipment, traveling, et cetera. Their expenses in the use of the field normally mould be $25.00 per night for lights and approximately $20.00 per game for umpires plus spectators* insurance. Because this is not s City recreation program league but rather is a League spbesored end operated by an organJzat~n ot~er than the I~y. the Department of Parks and Recreation is required by ordinance to charge for lights end for any cost of officials. Thej play approximately 10 to 20 games ~ocallj mhich On the basis of 20 games mould he $250 total for lights approximstelj and tutslly for umpires approximately. The City Council last y~ar by ResolutJm No. 18910 adopted on July Id. 1959, approved the Cityts releasing these costs math the ultimate handling that the cost of officials is divided between the Parks and Recreation Department and the Legion itself. If so determhed we are in a position to absorb that portion of ~h~ cost. if Connci] followed the same policy, for the remainder of the current fiscal year. This is submitted to the City Council for consideration and without any recommendation. Respectfully submitted. S/ Julian F. Hisst Julian F. Hirst City Manager~ Mr. Perhiflson ~o~ed that the matter be referred totbe City Attorney for · reparation of the proper measure granting the request of American Le~io~ Post No. 3 nd American Legion Post ~o. 249. The motion was seconded by Mr. Lash and unanimous- ly adopted. $TR£ET5 AND ALLEYS: Council hav~n~ received and filed a report of the City Manager in connection lath a petition signed by Mr. and Hrs. C. J. Lawson, Riverside Terrace. S. E., and Mrs. Floyd W. Morley, 1~22 Riverside Yerrace, S. requesting that the al'leT be~lad their homes be opened, advising that it is antici- pated, neither permitt~no, tbi~ olle! will be opened e~d prov Lt~d uith e stone surface within the next six weeks, the~City #unuger submitted e aritten report odvlshg that the mark hen been completed. Mr. Wheeler m~ved t'htthe report be received end filed. Tho motion mas seconded by Ur. LUsh and aeonlmously adopt.ed. SALE OF' FRO~ERT¥-SEMERS AND STOR# DRAINS~SIUERALK, CURB AND GUYY£R-STREETS AMa A£LEYS: The City Mnnager submitted n uritten rep~ ~comueudin.g the acquisition by the City of Roanoke,of,certnin properties and .easements needed in connection with the first' phase of the project for midening end improving Garden City Boulevard. Mr. Link saved that Co~ecil concur in the recommendation of the City #eneoer end offered the follouiog emergency Ordinance: (~19231)'AN ORDINA~C£ Frorldiog for lbo CJty°$ ncqulsitJob of certeJo properties and of certain easements in property for the purpose of mideninp and iuproelng Garden City Boulevard, S. E., u public street la the Ci~, upon certofo terms and conditions; and provi'ding for an emergency° (For full text of Ordinance, see Ordinance floo~ No. 34. page~327.) Mr. Llsh moved the 'adoption of the Ordinance. The melon mas seconded by Mr. Perkinsou and adopted by the folloming vote:' AYES: Messrs. Boswell, Link. Perklnson. Thomas, Trout. Wheeler and Mayor Mebber ..... ~ .......... ~-----7. NAYS:' None ............. O. BRIDGES: The City Manager submitted a mritteu report advising that the Virginia Department of Biohmnys ~ill conduct a combined locotiennnd design publ'ic hearing on the proposed replacement of the Ixidgeover M~d Lick Creek on Wednesdcy. July 22. 1970. at 10:00 a.m.. in the Cave SpYing First Aid and Rescue Squad Building located at 3920 Brambleton Avenue, S. N. Mr. Wheeler mo~ed that the report be received and filed. The motion mas seconded by Mr. Trout and Unanimously adopted. PERSONNEL DEPARTME~/T: The City Manager submitted a written report advising that he has appointed Mr. Donald M. Graham as Personnel Director for the City of Roanoke. effective July 6, 1070. Mr. Lisk moved that the report be received and filed. The motion mas secohded by Mr. Perkioson and unanimously adopted. ZONING: Council baying referred to the Ciy Planning Commission for study. report and recommendation the request Of Mr. Stanley C. geinberg, et ax., that property located on the northeast corner of Brondon Avenue end Edge#ood Street. So M, described aa a part of a five acre tract of land. Persimger Lands. Official Tax No. 1610204, be rezoned from RG-1, General Residential District, to C-2, General Commerci Diikrict, the City Planning Commission submitted the following report making no recommendation on the request for reaoniog: 363 "July lB, 1970 The Honorable Roy L, Hebber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request mum considered'b! the City Planning Commission et its regular meeting of June 17, 1970. Hr. Walter H. Mood, attorney for the petitioner, appeared before the Planning Comeission end stated that the petition~r proposes to erect s Texaco Service Station on t portion or this hud in quest~n. Mr. Uelnberg, the petitioner, stated~thet the area ia conducive to this type of development (service stetlo~, grocery store and apartment uses are located Je the Reaeral area) and in addition, the proposed service station mould be beneficial to the Cit~ es a tax resource. After due consideration or this petition · motion mas made and duly seconded that a recommendation be made to City Council that this request be approved, uith a subsequent vote of three ayes and three hayes. Accordingly, thin request is returned to City Council by the Planning Commission with no recommendation by this body. Sincerely. S! John H. Purrott by L. M. John H. Parrott, Chairman~ Mr. Thomas moved that the matter be referred back to the City Planning Commission for a definite recommendation on the request. The motion uaw seconded by Mr. Trout and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Commissio] for study, report and recommendation the request of Tempo Homes, Incorporated, that three alleys extending from the easterly side of Morrill Avenue, S. E., ~ the westerly side of 6 1/2 Street and extending from the easterly side of 6 1/2 Street, S. H,, to the westerly side of an alley nhich parallels ?th Street, be vacated, discontinued and closed, the City Planning Commission submitted a nritten report recommending that the request be granted. gr. Perkinson moved that a public hearing on the request be held ~t 2 p.m. Monday, July 20, 1970, The motion was seconded by Mr. Lisk and unanimously adopted. REPORTS OF COMMITTEES: AUDIYORIUM-COLISEUM; Council having referred to a committee for tabulatio rep(xt and recommendation the bids received on tun automatic floor scrubbing machines submitted the following report recommending that the proposal of Milmar. Incorporated for furnishing the tun automatic floor scrubbing machines, for the sum of and the proposal of Southeastern Skate Supply Company. for furnishing one heavy duty net-dry vacuum cleaner, for the sum of $294.04, be accepted: · Roanoke, Virginia June 22, 1970 Honorable Mayor and City ~ouncil Roanoke, Virginia ~365 After~duo'ood proper udrertJceJeok, bids nero rcooJved Bad opeoed before the Cit~ Council oc.noaduy~ Juno 8, 19yo;*for lhe'pu~ch~e of Sma automatic floor ncrubl~ng mochioeo uodone heavy duty°met-dry vacuum c/ester for mae m& the Boeaoko carlo-tooter; Seven bidn moro recelred for the automcLlo floor scrubbers amd eight bids for the heavy duty motion fi complicated b! the fact thcs-In ~o~itber case do the low bids comply with the specifications, · '. - . 'Mith regards to,the automatic floor scrubbers, the items hid by Blain Supply Componyv. Xncosporated. and lilliau P. Smarta. Jr. ~ Company. Incorporated.=could not comply elth the ~eclficotions math, regard to the eight-hour operating time, without recharging of batteries and mlth regard to the drain valve required for the solution tank, the bid submitted by American Chemical Company. Incorporated. for the floor gear. This mas specified. This Icarus the bid of Rll~ar, Incorporated. mbo bid $3,632 to supply Sma Clarke Tm-24 model scrubbing mccl~es. The Clarke Tm-24 docs comply mJth the specifications and this item nas bid by four of the seven companies mhich bid this item. The bid of milner. Incorporated. In the amonct of $3.932 Js mall uithiu the funds provided for this piece of equipment. #lib regards to the second item. the henry duty wet-dry vacaum cleaner, once again the tug lam bids do not comply uJth the specifications The bid of Holland max Company of $246;72 to provide a Dart Y-Sm0 Yacuuu cleaner does not comply In the fact that there is no drain valve pro- vided, thereby necessitating overturning this 50-pound piece of ~utp- mens to drain the remaining liquid. The ~orld #arrlor 120 bid by Blain Supply Company. incorporated, for $297.$0 not only does not include the drain valve but It does not comply math specifications ulth regard to the horse pouer of the motor nor does it comply math regard to the semi-pneumatic tires. The Southeastern Skate Supply Company of Roanoke was third iow bidder in the amount of $294.84 to provide a Clark model vacuum cleaner. This vacuum cleaner does comply math the specifications. It mould be~our committee's recommendation that City Council accept the bids of ~iluar, Incorporated. to provide sma automatic floor scrnbblng machines for the amount of $3,832 and the bid of Southeastern Skate Supply for the precision of m heavy duty-met-dry vacuum cleaner for the amount of $294.84. Both bids are well mithio the money, available. Respectfully submitted. S/ arran E. Haner Byron E. Hamer. Chairman S/ Howard E. Radford Hcnard E. Bedford S/ John W. Cbappelear. Jr. John N. Chappeloar, Jr. S/ Frank N. Perkinson, Jr. Frank n. Perkfnson, Jr. S/ John A. Kelley John A. Kelley" committee and offered the following emerDency Ordinance: (m19232) An ORDINANCE providing for the purchase end acquisition of two ;lvic Cent'er by accepting certain proposals made to the City therefor, upon certain and conditions; rejecting certain other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 329 Mr. Perkiosol moved the n doption or the Ordinnece. The motion nos seconded by Mr. Trout nnd adopted by the folloming vote: AYES: #easts. flosmell. Lash, Perklasoo. Thomas, Trout, Iheeler and Hnyor Nobber .................. ~ .... 7. ~A¥S: ~oeo .............. O. AUDITORIUM-COLISEUM: Council ha*tug referred to the Roanoke Civic Center Advisory Commission for study, report nnd recommendation a communication from Mr. ~el ~risch. Pres[dent, Ameri~nn Motor Inns, 'Incorporated. advising that the Company is desirous of operation the catering and concession facilities at the Roanoke Civic Center on a floC'lease or percentage lease basis, the Roanoke Civic Center Advisory .Commission submitted the folloming report recommending certain policies and procedures relating to t.he refreshment cmcessfon, vending machines and food service ut the Roanoke Civic Center: "June 17. 1970 The Honorable Mayor and Members of the City Council Roanoke, Virginia Gentlemen: As requested by the Council of the Cit~ of Roanoke at its meeting on Monday Ma~ IH, 19TO, the Roanoke Civic Center Advisory Comulssion has studied the communication from Mr. Joel Krisch, President of American Motor' Inns, Inc. It is our recommendations to the Council that the ~olloming policies and procedures he adopted relative'lo the refreshment concessions. vending machines, and food service (meals) at th~ Civic Center: I. REFRESHMEN~ CONCESSION STANDS: This phase of the operations nas revieued, recommended and approved several months ago that it nas ~ the best interest of the City that the Civic Center operate these themsel*es. The City has already budgeted for and purchased nil the necessary equipment end last year*s and this year's operational budgets reflect the necessary inventories, materials, staff, etc., to put · Is policy in Jmoedlnte operation once the Civic Center opens. II. VENUING MACHIneS: The Advisor~ Commission concurs with the City Manager and the Civic Center Director in that this phase of the operation should be immediately let out for bids to qualified bidders. These machines normally mould supplement the Concession Stand operation and Mould handle such items as cigarettes, ~andies, cold drinks, hot drinks, etc. Their location and quantity should he ns directed by the Civic Center Director, mhich h his professional opinion mould serve 'the best interest of the City.. Illo FOOD SERVIC~ (Catering ~ Meals): The Advisory Commission om:uFa with the recommendations of the City Manager and Civic Center 'Director that the best procedure would be to establish an *Approved List of Cate~ers*o It is ~lt that this method mould offer tbs customer a choice, mould not be restrictive[ would keep food prices competitive, and the quality of product and service Bt n high level, which is very necessary in order to promote to the fullest the use of the Civic Center. It isrecommended that the City immediately set in motion the necessary procedure to establish this 'Approve List of Caterers* so that the Civic Center Director'cae conclude pending arrangements potential tenants, The basis of estabiJshiog this list is as follows: (a) That the 'Approve Lint of Caters* be five (5) Jn number. (b) The Civic Center Director could then present the *Approved List: to prospective tenants and let them make their own choice and detailed arrangements, as long as the Civic Center received their catering fee. (c) The Rate (15~) that.the:caterers pm! the Civic Center sod its relationship to the tenants in already established la Ordinance No. 16569, , , ~ . (d) The City to immediately advertise for Invitations from qualified individuals and/or firms to subcit their quali- fications, erg; us to nhy shey feel they should be chosen for this *Approved,List of Caterers** Financial stability end proven capability Jn this field of eedenror to be tea of the msim criteria of successful qualification. (e) That this list be approved for a 2-year period, sad subject to revien at that tim'e, nnd thee considered on its merits ut that time us to continuation or a men policy established. Respectfully submitted, ROANOKE CIVIC CENTER ADVISORY CO#RI~SION John Kelley, Chairman Hrs. Andrea L. Turner, Jr. Horace S. Fitzpatrick Robert R. McLellund Laurence H. Hamlet Frank N. Perhinsou, Jr." After a discussion of the mutter, Mr. Trout moved t~t the recommendations of the Roanoke Civic Center Advisory Commission be referred to the City Attune! for a legal opinion on the matter. The motion mas seconded by Mr. Perkinson and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. IN~RQECYION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTy: Ordinance No. 19226. accepting the proposal.of Mr. John iD. Malroud to p~rcbnse and acquire from the City of Roanoke property described as Lots 15 and 16, Section IS, Hyde Pa~k Lend Company Addition, OffiCial Tax Nos. 2310907 and 231090B, for the sum of $1.500.00~ cash, havin'g previously been before Council for its first read!no, read end laid over mus again before the body, Mr. Nheeler offerin9 the follouin9 for itc sea~d reading and final adoption: (n19226) AN ORDINANCE authorizin9 the City*s sale and conveyance of Lots 15 and 16, Section 15, according to the revised map of the Hyde Park Land Companyts A~dition to the City of Roanoke, being Official Nos. 2310907 Sad 2310909. (For full text of Ordinance, see Ordinance Hook No. 34.,page 323 .) Mr. Wheeler moved the Moption of the Ordinance. The motion was seconded by Mr, Trout and adopted by the follow l~ vote: AYES: Messrs. BosMell, Limb, Perkinson, Thou~ , Trout, Nbeeler and Mayor Webber ....................... 7, NAYS: None ........ O. SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 1922B. granting permis- sion to The Kroger Company for the encroachment of an overhead pneumatic conveyer pipe line and supporting structure across Norfolk Avenue. S. W., between 5th Street and 6th Street. S. N., upon certain terms and conditions, having previously been afore Council for its first reading, read end laid aver, usa again before the body, Ir. Wheeler offering the following for ftc second roeding nad final adoption: (n19228) AN OROINANCB peraitting the encroachment of es nverhe~ pneumatic conveyer p~pe liie end supporting structure across.Norfolk Avenue, S. W** betmeen 5th ned 6th Streets, S. w.. upon certain terms ted conditions. (For full text of Ordinance, see Ordinance Boob No. 34, page 324 .) Mr. Wheeler moved the adoption of the Ordinance. The marion mas seconded by Hr, Trout and adopted by the follnaieg vote: AYES: #essrv. Boswell, Link, Perkinson, Thomas, Trout, Wheel~ and #syor Webber ............................. WAYS: No~ ....................O. TAXES: Mr. WheeZer offered the fol/onJug emergency Ordinance amending h'nd reordainlng Title VI, Chapter 11, Section 2, Transient Occupancy Tax, of The Code of the City of Roanoke, 19ah, as amended, by making permanent the tax provided for in said chapter: (Ulg233) AN ORDINANCE amending and reordainiog Sec. 2. Tax, of 11. Transient Occupancy Tax. of Title VI of the Code of the city u~Roanoke. 19560 as amended, by .making permanent the tax provided.for in.said Chapter; and provichhg (For full text of Ordinance. see Ordinance Book No. 34, page 330 .) Rt. Wheeler moved the:adoption of,the Ordinance. The motion uss seconded by Wt. Trout and adopted .by the following rote: AYES: Wessrs. Lisk, Perkinscn, Thom~ . T~ ut. Rheeler and Mayor Nebber ..................................... 6. NAYS: Mr. Boswell ...........~---1. TAXES-LICENSES: Hr. Wheeler offered the following emergency. Ordinance amending and reordaining Title VI. Chapter O, Section 12. of The License Tax Code of The Code of the City of Roanoke, 1956, an amended: (~1V234) AN ORDINANCE amending and reorddelng Sec. 12. License Tax,v: uhen payable, of Chapter 8. License Tax Code, ~itle.¥1. Taxation, of The Code the City of Roanoke,.1956, es amended: etd providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 34. page 331 .) Mr. Nheeler moved theadoption of the Ordinance. The motion was seconded ~y Rt. ~homas and adopted by the folloniug vote: Webber ....................................... NAYS: Mr. Bosmell .................1," BUDGET-CITY EMPLOYEES-PAY PLAN: Council having completed its study of the proposed budoet for the fiscal ye~ 1970-71, Mr. Trout offered the following emergency Ordinance fixing the annuol compensation Of certain unclassi~md officials and employees of the City of Roanoke, the salaries of the employees in the Office of the Clerk of Courts being subject to the approval of the State Compensation Board: (x19235) AN ORDINANCE fixing ~he annual compensation of certain u,classi- fied offfcfel~ end eeplezeo~ of the Otzi mod providing for on eeergency. (For full text of O~dinunce. see Ordinance Book No. 34. page 332 .) Hr. Trout moved the adoption of t~e Ordinance. The motion UBS seconded' bt Hr. Lfsk end adopted by the f,Il,ciao vo~e: AYES: Ressrs. Llsk. Perkfns~a. Thomas. Trout. Wheeler and Hayer Webber ........................... ~ ..... NAYS: Mr, Boswell ...........l. BUDGET-CITY EBPLOYEES-PA¥ PLAN: Rr. Wheeler offered the f,Il,ming euergen~ Ordinance adopting and providing u.oem system of Pay Rates and Ranges for the employ- ees of the City of R,aa,k, ~fective Jul~ 1, (a19236) AN ORDINANCE to adopt and provide a new System of Pay Rates add Ranges for the employees of the City of Roanoke effective July l, 19TO; and )r,riding for no emergency, (For full text of' Ordinance, see Ordinance Book No, 34, page 334 .) Hr. Wheeler moved the adoption of the Ordinance, The notion was seconded by Hr. PerkJnsou and adopted by the following vote: AYES: Hessrs. Lisk. Perkins,n, Tkc~, Trout, Nh,cleF and Webber ................................ NAYS: Hr. Boswell ...........1. BUDGET: Hr, Wheeler offered the following emergeoc~ ~rdinuoce making appropriatioos from the General Fund of the City of Roanoke for'the'fiscal year beginning July 1, 1970. and endin~ June 30, l~?l: (~19237) AN ORDINANCE making uppropriati'ons from the General Fund of the City of Roanoke for the fiscal year beginniog July l, 1970, and ending June 30. l~?l and declaring the existence of an emergency, (For full text of Ordinance, see Ordinance Book No, 34, page 340 .) Hr. Wheeler moved the~adoption of the Ordinance. The notion nas seconded by Hr. Trout and adopted'by the following,vote: AYES: Hessrs. Lisk, Perkins~n, Thouas, ~rout,'Wheeler and Web'er ................................. b. NAYS: Rt. Boswell ...........1. BUDGET-WATER DEPARTMENT: Hr. Wheeler offered the following emergency Ordinance making appropriations Iron the Wate~ General Fund and the W~ter Replacement Reserve Fund for the Cly of Roanoke for the fiscal year begin~in~ July 1. l~?O, and ending J~oe 3Bo (~19239) AN ORDINANCE muking ~ppropriatious Iron th~ Water General Fund u~ t~Wnter Replacement Reserve Fund for the City of Roanoke for the fiscal year begiaoiog July I. 1970, and ending JueeSO, fg?l: and declaring tan existence of oa (For full te~t of Ordinance. see Ordinance Dook No. 34, page ~61 .) ::369 Or. Wheeler moved the adoption of the Ordinance. ?ho m,tiaa mai seconded b~ Mr. Trout and adopted by the f,Il,ming vote: AYi5: #ewers. Link, Ferkinson. Thames. Trout. Wheeler end Wa~or Webber ................. -'- .............. NAYS: Hr. Besmell ...........1. BUDGET-SEWERS AND STORM BRAINS: Nv. Wheeler offered the f,Il,ming emergen, Ordinance mahing appropriations from the Seuage Treatment General Fund and the Seaoge Treatment Replacement Reserve Fund ror~e City of R,an,he rot the fiscal year begin- ning July 1. 1970, and ending Jane 30, 1971: (=19239) AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Seuage Treatment Replacement Reserve Fund for the City of R,anal for the fiscal year heginnin~ July 1. 1970, and ending June 30. 1971; and declaring the existence of an emergency. '(For foil text of Ordinance, see Ordinance Rook NO. 34. page 3&3 .) Rt. Wheeler moved the adoption of the Ordinance.' The motion mas seconded by Mr. TrOut and adopted' by the following vote: AYES: messrs. Li~k. Perkins,n. Thomas. Trout. Wheeler and Webber ................................ 6. NAYS: Mr. B,swell ..........I. BUDGET-AIRPORT: Mr. Wheeler offered the following emergency Ordinance appropriating $47,755.00 to Capitol Improvement Projects - Airport Cnrgo Building under Section =69, "Transfers to Capital Improvement Fund," of ~he 1969-70 budget, to provide funds in connection with t~ construction of an air ca~go building, l,odin d,ch and related grading, paving and access roadway at Roanoke iunicipal (#oodrua) Airport: (=19240) AN ORDINANCE to amend and reovdain Section #89, "Transfers to Capitul Improvement Fund." of the t~bg-70 ~ppropriation Ordinance, and providing for an emergency. (For full text of' Ordinance, see Ordinance Rook No. 34, page 3~4 .) Mr.' Wheeler moved the adoption of the Ordinance. The m,ti on aaa seconded by Mr. Thomas and adopted by the rallying vote: AYES: Messrs. Roswell. Llsk, Perkinson, Thomas. Trout, Whe~er and Mayor Webber ................................ 7. NAYS: None .................O. CITY EMPLOYRES-CI~Y GOyERNMENT: Council having directed the City Attorney to prepare the proper measure e~tablisllng Friday. Jul~ 3, 1970, ns a legal holiday for the current yea~ onl~ for city employees, he presented same;whereupon, Mr. Perkinson offered the following Resoluti~: (=19241) A RESOLUTION esta~lish~g Friday, July 3, 1970. as a legal holiday for the current year only. (For full text of Resolution. see Resolution Book No. 34. page 3~5 .) Mr. Perkiaaon moved the e d,priam of the Resolution. The motion uss cecmde, by Mr. Llsk and adopted by the f,Il°minG vote: AYES: HeSsra. B,small. Lisk. Perkins,ri. Thoua~ Trout. Wheelec~ud'Hsyor · Webber ....................... ~ .... 7.. NAYS: None ............. O. sCHooLs: Council having directed the city Attorney to prepare the proper measure providing for the appointment of tm, members to the Local Board of Virginia Western. C,mummify ColleGe. the City Attorney submikted the f,Il,ming report: "June 11. 1970 The Honorable Mayor and aembers of R,an,he City Council Roanoke, Virginia Gentlemen: This in with refer,ace to procedures.established for the appoint- u,ut of members of the Local Hoard of Virginia Western Community College. By general lan a local community college board is required to be established for each such college, the local board to act in an advisory capacity to the State-B,etd for Community Co/leges sad to perform such duties with respect ~ the operation of the single community.colleGe as may be delegated to it by the State Board. The formuluki6n of procedures fdr establishment of local community calleo, boards is. by lau..deleGated to the State Board for Community ColleGes. Th, City of Roanoke hms by established procedures been allocated f,nm members of the Local Board. they to be appointed by the Council of the City'of Roanoke. Hembers of local bbsrds must be residents of of the region served by the community c,liege and representative of the commercial, industrial and professional activities in the region. but may not be a member of the General Assembly ar of a local governing body. Provision is nad, for four-year terms Of office on the local board and no person having served on a local board for two successive four-year terns shall be eligible for r,appointment for tug years thereafter, except that a person appointed ~.flll a vacancy may serve two additional successive terms. This limitation does not apply to any present or former member of the Local Board of Vir~lmla Western Community ColleGe since no such member has yet served n,re than a single four-year tern. I an advised that the terns of Mr. Henry E. Thomas and of Paul R. Thomson. each of whom is a n~resentative of the City of Roanoke on the Local Board. expire June 30..1970; and that it is in order that the City Council nuke appointments in order to fill the vacancies to be created by expiration of,their respective terms of office. As staed above, neither Gentlemen is. by reason of present membership on Local Bmod, disqualified fron reappointnent. I au farther advised that the other bo memberships on the Local Bm rd. representative of the City of Roanoke. are presently held by Mr. Barton W. Morris. Jr** whose term of office expires June 30, 1971. and by Hr. Richard H. Hahn whose tern of office likewise empires June 30, 1971. For the p~rpose of the Council exercising its au~ ortty of appointeent necessary to meet the situation of expiration of ~ e two tern~ of office on the Local Board to occur 6n June 30th. next, I have prepared and transmit to the Council a form of resolutbn by which such appointments may be mad~ after the names of the Council's appointees have been supplied in the blank spaces provided in the resolution. Respectfully, S/ J~ N. Kincanon J. N. Kincanon City Attorney" Mr. Wheeler mw ed that Council concur k the report of the City. Attorney nd offered the following Resolution opphfutfng Ir. ~earT g. Tbom!s and ~r. Paul R. Thomson ns members of the Local Board of Virginia Western CommaoityCollege rot four-year terms of office beginnieg July 1, 1970:, (n19242) A RESOLUTION appointing tug membera of the Local tim rd of YJrginJa Westorm Community College for four-year terms or office mo snfd Bm rd, commencing July 1. 1970. (For full text of Resolution. see Resolution Boob ~. 34, pure 365 .) · r. Wheeler mored the ndoptJoo Of the BesolntJon, The motion mas se~nded b! Mr. Lisk and adopted by the follom~ vote: AYES: #essra. Boswell, Link. Perkinson, Trout, Wheeler and mayor Webber .......................... 6. NAYS: None ...........O. (Hr. Thomas absent) NOTIONS A~D N1SCELLANEOUS BUSINESS: CENSUS: Mr. Wheeler moved that the question of morkin9 out a plan for obtaining a more accurate census of the population of the City of Roanoke h 1970 be referred ~o the Cit~ Manag~ for study, report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. There being no further busl~ss, Mayor Webber declared the meeting adJourned. APPROVED ATTEST: COUNCIL, REGULAR MEETING. Monday, Jute 29, 1970. The Council of the City of Roanoke met ia regular meeting in the Council Cheeber In the #uafclpal Building. Monday. Jane 29. 1970, et 2 p.m.. the regular meeting hour, with Mayor Mebber presiding. PRESENT: Councilmen John ~. Boswell, David R. Lash. Frank N. Pet inaon. Jr** Hampton M. Thomas, James O. Trout, ¥incent So Nheeler and Mayor Roy L. Mebber ............... ~ ........... ?, NAYS: None .... ........ O. OFFICERS PRESENT: Mr. Julian F. Hlrst. City Maturer. Mr. Byrot E. Bauer. Assistatt City Maturer, Mr. James N. Kinca~n. City Attortey. and Mr. J. Robert Thomas, City Auditor. INTONATION: The meeting was opened with a prayer by Dr. Denver Jo Davit, Pastor, Rosalind Bills Baptist Church. MINUTES: Copy of the matures of the regular meetitg held on Monday. Jute H, 1970, having been furnished each member of Council. on marion of Hr. Perkinson. seconded by Mr, Thomas and unanimously adopted, the reading thereof mas dispensed with md the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: Council having continued t public bearing on the request of Mrs. Margle S, Eater. that the northwest portion of a 12-foot alley running in a northmesterly*southeasterly divection from Templeton Avenue to East Gate Avetue, N, E.. be vacated,' discontitued and closed, pending a report from the City Attorney as.to the procedure to be followed, the City Attortey tad the City Manager submitted the following joint report advising that the petitioter has offered to tender a proper deed of conveyance to the city for a strip of lard containing approximately 900 square feet of lard on the southuest line Of 20th Street, N. E., ia exchange for the conveyance by the City of Roanoke of t triangular shaped sliver of landcoutaining approximately 775 square feet adjacent to her property and recommending that the of. far be accepted: "June 25. 1970 The Honorable Mayor and Members of Roanohe City Council Roanoke, Virginia At the meeting of the Council of June 22. 1970, a public hearing on the request of Mrs. Margin Smith Eater that the northwest portion of a 12=fGot alley running in t northNesterly-southeasterly direction from Templeton Avetue to East Gate Avenue, N. E., be vacated, dis- ramiftcatiots of the proposed transaction he made clear to the Council, the onderuJgned are mahlng this Joint report. 373 Tke,eppl~onqt~s reqaeJ).for the clesitg of the ebovedes~ribed portion o'f aa '~li~; i~d~6itenporaneoes coeval·nco of · contiguous strip of leed.,eli of~U~{¢h~ia shout it detail, oePleeXo. 5216-L, pr~per~d'by (he'Cl[~'F.~.~ieeer.'e·d · copy of which fs attached aereto, h·s bee· recoeae·ded~,b~lk· pl~··l·g Coewissio·, es aec earlier reported'to the Coe·eil~ The report or vlexers ·ad fora of ordiua·~e · re in proper order,%~Gd the eppllcent has te·de~ed e deed of co·vel- a·ce of aefd co·[~gowa 'strip of ie·d Mb·cb would be used for ·lie7 rids tTean~fe~ o's orlgl·ally~p~oposed wes clouded by the ··ct th·t · portiOntol:tko i··d ow·ed"bj~(kaepplfcent ·ed ·ended by the citl for'the 20th Straat"uldenlk6~pr'6J~ct~originelll 'approved by the Council bl O~dl·ae~e X6.'16858~%~id~ed'Au9·fl 18. 19~9~ has not let bee· conveyed to th~ City. the~i~on'beisg that this 8pplic·nt 'acquired her'property abdtti·g~O*h-St~t~ H. E.. in the hCervel of tfae elapsing between the-Director of-Public Work*a securi·g offers of convey·ace tod the actual constructi~· of the pro~ect. It is receemended, therefore, that prior to adopti·g the ordi·nnce which would close the ·lle~, the Cou·cll ·ppr6ve a proposal xhich has bee· · egotiated aith the applicnnt which would provide for the necensarl right-of-ual for the.2Oth Street 'rroJent. 'This proposal is also shown o'n ~h~uttuched Pla· No. 5216-L and consists of ·· exchange or properties betuee· the applicant and the Clay. The upplict·t hen offered, by tender of · ~roper deed of convelnnce, to convey to the City a strip of land containing uppruxiw~tell VO0 square reef; being on the southeast 'line of 20th Street, N. E** in exchange rot the CitI!c conveyance of · triangular- shaped sliver of land cuntalnJig app~oxiaatell ??S square feet ed- ~·cent to the applfcant*a present property, such sifter ~f loud being needed bl the applicant rot the reason t~ t her residence is reportedly situated belond the northerly boundary o! her propertl. The acquired all of Lot 14, ·lock 9, Cast Cate Addition for the 20th Street Project, and for future iwproveuent of the intersection cf ~essler Road and Teepieton Avenue; it ia sot felt bl the undersigned, however, that convelence to the applicant cf the sliver or land ad~acent to her present property ~culd in any manner Jeopardize the future intersection iuprovement. It ia the Joint recomuendaflon of the City #amuser and cat! Attorney that Council approve, by the adoption of the form of ordinance transmitted herewith, the exchange Of properties with Mrs. Margin swath Eater. and that this action be followed bl ~doption of~ the ordinance which would close a portion of a 12-foot alley conditional strip of land to be used for nlleI purposes. Respectfully. S! Julian F. Hirnt Julian F. Hirst. City Manager S! J. N. Kincanon J. ~. Kincanon, City Attorn.ey* Mr. Ro Po Rarnes, Attorney, repr~entlng the petitioner, nppeared before Council in support of the request of his client. After a discussion Of the matter. Mr. Trout moved that Council concur in the recommendation of the City Attorney and the City Mana~er and that the followin~ Ordinance vacating, discontinulnf and closing the alley be placed upon its first (31~243) AN ORDINANCE permauentll vacating, discontin~g and closing the northwesterly portion of an alley in the City of Roanoke running generall] in a northwesterly*southeasterly ~Jrection through Section 9 of the Cast Cate Addition, upon the delivery and recordation of a deed of conveyance of a contiguous strip land, 15 feet in width, for use as a. public alley. ,! WHEREAS. Msrgle Smith Etter hut heretofore filed bet petition before the Council or the Cia! of Roanoke. Virginia. In accordance ulth leu. requesting the Council to permsnentll vacate, disco~tieoe and close the northwesterly portion of au nile! running generally in e oorthwesterly-southeasterl! direction through Section 6 ut the East G~te Addftio, to lac City of Roanoke. Yfrgfala. end m~ purticularZy hereinafter described, of the filing or which petition doe notice nas given to the ubllc us required by Itu by posting a copy or the notice os the front door of the :ourthouse in the City of Roanoke. Virginia'(Campbell Avenue entrance), at the Market House (Salem Avenue entrance) and at 311 Second Street. S. E** ell of mhlch is verified by affidavit of the City Sergeant appended to the petition: and RHEREAS. more than ten daya having elapsed since the publication of the notice of said petition. In accordance with the prayers or said petition, and purnnont to the provisions of § 15.1-364 viewers were appointed by Council on the 2?th day'of April. 1970. to view the property and to report in mrlting whether In the opinion any inconvenience mould result from permanently ~ocuting. discontinuing end closing said portion of said alley: and #HEHEAS. it appears from the written report of the viewers filed with the ~ty Clerk that no inconvenience woald result either to any individual or to the 5blic from permanently vaca~iV, disoontinning and closing said portion of said alley rovlded that a strip of land. 15 feet in width, being~e southeasterly 15 feet of ut 2, Section H, East Gate Addition, is conveyed by the petitioner to the ~y for us in a public alley; and NHEREAS. Council heretofore refcrred the petition to the City Planning Zommission. which Commission by its report filed with Council on May 21, 1970. :ecommended that the petition to vacate, discontinue and close the hereinafter Jescrlbed alley be oppror ~ subject to the retention by the City of uny utility ~ssements~ and ~rovided that the petitioner dedicate and convey a contiguous 15-foot ~trip of laud to the Oty for use as a public alley; end MH~REAS. a public hoofing was held on the question befo~ the Couocllat its !egulur meeting on June 22, 1970, after doe and timely notice thereof published h the ~oanoke Morld-Wews, at which bearing all parties in interest end citizens were Ifforded an opportunity tube heard on the question; and MHEREAS. from all Of the foregoing. Council considers that no inconvenience ~ill result to any individual or to the public from permanently vacating, dlscontinu- ~no and closing the said portion of said alley, aa applied for by the petitioner, ~ubject to the retention by the City of any public utility eaieueuts, and provided .hat the petitioner dedicate and convey a contiguous 15-foot strip of lnn~ to the ;tty for use as s public alley, and that. accordingly, said alley should'be permunetl ~losed. THEREFORE. BE. IT ORDAINED b~ the ConncJl.or the City or Roanoke that thul ertufu portion of nn n~l~_ oltfiie in the East Gale Seetfoo of the ~lt~ of Roa~ke. Virginia, more pnrtJcular~ described us rolloms: . - BEING the uortkwesterlj portion of that certuie alley, 12 reel in mJdtk, rusulnb geuernllj~ in i u~huecterlT-sout&euslerl; dfrnctfou through Section 8 o! tke East Gate AdJtlon to the CltT of Roanoke, the portion of said nile! to be closed beginning ntn point on the northeast line or, Lot 2, Sec. 8o East Gate Addition, 15 reel from the southeu~t corn~thereof, mud ruuuJ~ in a northwest direction to Templetou Avaunt. X. E.,: und being that portbn of said 12 foot alley ubuttiag the rear o! Lot 1. Lots 14. 15, 16 and the northerly 25 reel or Lots 2 and IT of Sec. 8 of the aforesaid Ennt Gate Addition, be, and it hereby in. permnnentl7 vacated, discontinued · nd cloced: and lhnl right, title and interest of the City of Roanoke and of thc public in and to the same be. mud they hereby are, reimsed JnJofar un the Council or the City or Roanoke is empouered no to do, except till ua7 public utility easements located there in are hereby reserved by the City. DE IT FURTHER ORDAINED that the City Engineer be. nnd he hereby is, directe to math 'permanentk! vacated' gu said portion of said alley un all maps and plats on file In his office on uhich said portion of said nllel is sho,~ referring to the book und page of Ordinances and Resolutions of the Council of the City of Roanoke uherein this Ordinance shall be spread. DE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the ~nstings Court of the GiLl of Roanoke. Virgin. a certified cop~ of this ordinance in order that the Clerk of said court un~ make proper notation on all maps or plats recorded in his office upon which are shana said portion of said allel, as provided by law, and that. if so requested bl any patti in interest, he may recor~ the sase in the deed book in bls 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. SE IT FINALLy ORDAINED that none of the provisions of this ordinance shall become effective until a deed of convelance, approved as to fora bl the City Attornel and containing the 9rantor's General WnrrnntI of title, shall have been delivered to the CitI Clerh and. thereafter, spread of record in the Clerk's Office Hustings Court of the CitI of Roanoke, such deed to dedicate and couvel.to the CEil, the fee simple title to that certain strip of land. 15 feet in width and 125 feet. in length, bela9 the southeasterll 15 feet of Lot 2, Section 8. accordin9 to the nap of the East Gate Addition to the CitI of R Qano~e. The notion nas seconded bl Mr. ~heeler and adopted b~ the following vote: ALES: Messrs. B~ ~ell. Lisk, Perkinson. Thomas, Trout and Mheeler ..... NAYS: Halor Webber .................................................... 1. Hr. ~heeler then moved thatthe follouin9 Ordinance authoriz ~g the acquisi- tion of approzimatell 90~ square feet of land on the south line of 20th Street, in consideration of the conveyance b~ the Citl of Roanoke to ~e petitioner of (~I~2~i''~-~DINA~CE au~horiziug'th~ ucq~isitiou of approximately 900 square feet of la~d os the southwest line of 20~h Street. N. E.~ in ~on~deratiou of the Clty*s conveyance of approximately 7?5 square feet of ad~ace~t land situate ou the soutk line of Lot 14, Block Be Eust Guts Addition. NItER£AS. for the proper construCtiOn of the City's 20th Street ProJect~ it is necessary that the City acquire In fee simple the qO0 square foot parcel of lend hereinafter described and the owner thereof. RrSo Nargie Smith Etter bus offered to sell and convey the same to the City upon the terms and provisions hereinafter set forth and authorized. THEREFOR£t BE IT ORBAII~H ~y the Council of the City of Rounoke that the proper City officials be, and they are hereby a~thorized and directed to acquires for and on behalf of-the Gltyo from Mrs, Margie Smith Ettert owner thereofu'that certain 900 square foot parcel of land situate on the son~hwes~ line of 20th Streetf ~. E., and being an easterly part of Lots l~t 16 and 1~ Block 8taccordlng to the ma~ of the East Gate Addition to the City of Ro~ oke, la consideration of the Cltyts conveyance to said Margie Smith Etter of a certain 775 square foo~ parcel of land adjacent to ~aid 900 square foot parcel of land, above-mentioned, situa[e on the sou{ side of Lot 14, Block 8, East Gate ~ddltione and being a part of ~fficial No. 334101~ each of the aforesaid parcels of land being as shown on a cop{ of P~an No. 5216-L, pi pared in the office of the City Engineer under date of June 11, 1970, ned off file In sai~ office and in the office of'~he'Ci[y Clerk. ~ IT FURTHER ~DAI~D that, upon delivery to the City of a'good and suffi, cleat deed of conveyance conveying to the City the unencumbered fee slm~le title to 900 square foot parcel'of land aforesaid, approved as to for~ and execution by the City Attorney, the Mayor and the Cit~ Clerk are ~horized and directe~ to execute and acknowledge a deed of conveyance ~rawn and approved by the ~ity Attorney conveyt to Margie Smith Ztter, the abovedescribed 775 square foot parcel of land such deed to contain the City's Ceneral Warrant~ of title; and thereupon the City Attorney shall be and'is authorized and directed to make proper dellv~ry of the ~f~y's deed of conveyance in conformity with t~e offer of said owners hereina~ove mentioned. ~he*motion w~s seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Boswell, Link, Perkinson. Thomas, Trout, and Wheeler .....6, NAYS: Mayor Webber ........................... [ ................... ~--~, LIBR~IES: Mr. Evans B. Jessee, Chairman of the Gifts Commit[se of the Roanoke Public ~ibrary Boardt appeared bef6re C~uncil and requested authorization to transfer on a permanent basis the Francis W. Collins Collection ~f Mediterranean Artifacts to the Roanoke Fine ~ts Center at Cherry Hill for display. ' M~, Whee~er moved that Council concur In the request of the Roanoke Public Library Board and that the matter be referred to the City Attorney for preparation oi the proper measure providing for the the transfer o~ the Francis W. Collins Collectit of Mediterranean Artifacts to the Roanoke Fine Arts Center at Cherry Hill for displa] The motion was seconded by Mr. PerklnsOn and unanimously adopted. SIGMS-SPECIAL PERMITSt Mr. N. L. Reid, District Superviaorst.Constrection uad Male*asante, Texaco Incorporated, appeared before Council and ~equested that Texaco Incorporated,'~e ~er~itted to encroach on the ma]or arterial highway.setback line In order for them to erect a trademark sign and twoflood light pales at their st etlon inca*ed ut 1607 Millings on Reade N. E, Mr. lheeler moved that the-matter be referred to the Cit~ Manager for study, report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. ~RTITIONS ANO COMMUNICATIONS: JUVEMILE AMD DOMESTIC RELATIONS C~ET: A communicati~n from the Governnrt~ Office, advising that the Governor's Youth Advisory Council is n~w working in Rlchmon ¥ir~inia, that the Council is composed of lg high school an~ college students from the State'of Virginia, t~at the students wil~ work in ~heir respective areas of interest throughout the summer and that the ac~l working of the program will end in comprehensive repor~ to be p~esented to'Governor Bolton tho second week of before Council. Mr. Thomas moved that the communication be received and filed. The motion seconded by Mr,'Llsk and unanimously adopted. ZOdiaC: A communication from ~r, Milton Ed*Imam, ~equestin~ that Council authorize ~he Commissioner of Buildings to issue a building permit to rebuild a grocery store a~ 1035'Lafayette Boulevard, M. W., which was destroyed by fire, was before Council. Mr. Trout moved that the matter be r~ferred to the City Manager and the City Attorney for study, report and recommendatioe to Council. The motion was seconded by Mr, Wheeler and unanimously ado ~ted. COMPLAINTS: A communication from Mr. Cecil Simmons expressing his opinion as to why the population of the City of Roanoke is diminishing and complaining of tht conduct of police officers, was before Council. Mr, Thomas moved that the communication be received and filed. The m~tion was seconded by Mr. Trout and unanimously adopted. MATER DEPARTMENT: A communication from Mr. Clyde E, Buckner, requesting a ~etered connection for water service to hi~ property located ut 2031 Edgerton Avenu S. E., was before C~uncil,' Mr. Mheelermoved that the matter be referred to the City Manager for studl report and recommendation to Council. ~he°motion ~as seconded by Mr. Thomas and unanimously adopted. ° REPORTS OF OFFICERS: BUDGE~-CAPXTAL IMPROVEMENTS PDO~RA~-MUNICIPAL BUILDINGS: The City Manager submitted the following report recommending certain change orders in th~ contract for the Municipal Building Annex: "Roanohe, Virginia 'Jane 29, 1970 Honorable Rayor and Clty Consol! Roanoke, Virginia This is submitted as report au4 au~mar! or pending change orders for the Annex Building. 1. Some veehs ago ¢ity'Co~n~il:r~c~i~d a report advl$in~:~s ~o the need for fanda la.tbs amount of $$,500 to iustel] a number of addi- tional electricQl and telephone outlets.in the ney municipal annex building, City Council referred this matter back to the Cl~7 Manager for further information. The orchiqeet in preparing the plans rot in each l~dividnal office so thby provided in the plans a blnsket al]omanco of 250 electrical floor outlets and IOn telephone outlets. layout shoving the placement o! each individual and to lndlcate vhet electrical and telephone outlets vould be needed on thin plan. 1st Floor M~l fare Depot tmeat Data Processing Governor ts Office Administration Office Operations (CD) City and State Civil Defense Communications State Communications 2nd Floor Assessor commissioner of Revenue Treasurer Lobby 3r~ Floor 'Engineering Public ~orks Air Pol In. tics City Manager Pars curtal Building Commissioner Zoning Appeals Put chum, lng Planning Delinque .mt T. ax 4th Floor Auditor Attorney Conference Room School Superintendent School Business City Clerk City Council Executive Session Rayor Mayor ~s Assistant Committee Room zl #2 #3 Hall ~eraon$ Electrical Telephone Assioned Rgom~ ,Outl~ts Outlets 69 17 .48 38 4 3 3 1 2 city, 42 state, 3 4 4 4 0 0 - 1 0 0 7 4 18 7 18 5 21 11 15 7 28 9 - I 0 0 26 9 16 11 3 2 6 2 2 2 4 2 5 6 15 S 3 5 7 3 11 4 15 11 I 1 I 1 6 5 15 6 7 8 24 8 2 1 9 2 5 5 8 . 5 I 0 - 0 - 2 2 8 3 16 7 35 14 5 3 6 3 (7) ,1 4 0 I 3 0 I 1 4 1. I I 2 1 - I 4 0 -- I 3 0 I 4 0 ---= -- .--t o 22o i23 3s6 As may be seen from the tabulation 226 peraon~ (aside from City Council) will he assigned work space In this building or mill work out 6f this annex. Those working within the building mill occupy 123 different rooms and of necessity will need suffi- cient electrical ~nd telephone outlets that they might satisfactorily 3?9 mmmmmmmm perforh.their.ditles,~ 1he &bov~tubulotioa es shams does~uot provide outle~s*ln~the~0ufereaee room to be Utilized by the Auditor and the City At,greave ,the communication room on the first floor nor tho P~X office oR the first 'floor. Ssr~does-.it provide enough outlets in the Goveraor*s office, the Board of Zoning Appeuls~'of£ice or the City operatl~ui room. -An s result it mould be recommended that the electrical outlet authorization be expanded to 3&? eledtrical outlets and thetelephote anti'ets be expanded to 160. The cost of expending this authorization is 2, ProP0sai ~or Change orde~ Bo, lB provides for a credit o! SGlO, This credit-is a result of.lodifications to the Council bench combination mith:modf(icutions to the sea,fag plan In tho Council Chamber. A copy or the?eating piun is attached. 3. Change Order praponal No~ 19 covers the widening of'the deerma; in the masonry mail between-the computer room and the combination storage and air bundling room behind the eouputer roan. As designed, this door and the door entering into the coep~ter room from the hallway are 3~-ineh doors, Some coiputer equipment on the mrhet is in excess of 36 inches in width and mill not go through either or these doors. As submitted by the architect this change order proposal envisioned increasing the door widths to both the computer room and'~torage room-behind to 4201nch widths. The contractor's proposal Is $$26.76 to enlarge the door betmeen the corridor and the computer room and $259.B~ to widen the door be,mean the computer room and the storage room behind. Th~ totals $786.64 for proposa~ number 19. 4~ Change Order proposal ~u. 20 envisions the installation of an additional electrical aafet~ switch for the elevators. The plans indicate age (1) switch whereas tea (2) are rq9uired, This would he replacing the one 100 amp, three blade, 600 volt fusible safety switch to two 60 amp, three blade, 600 vat.sable safety switches to comply with the code. The cost of this modification 5, Change Order proposal ~o. 21 provides for the installation of a gas pressure regulator in the two-inch gas line which will terrace the existing municipal building. Installation of this gas pressure regulator,.whfch is proposed to cost necessitated by the requirement for continued gas service to this building for the use of the hot mater heater, etc., which supplies hot water to the Jail area on the top floors while the main gas line will service the new facility at a higher pressure as it wlll be used primarily for the boilers In the new building. 6. Change Order proposal No. 22 provides for extension of a telephone Omdult within the existing municipal building. This proposal to provide 2 1/2 inch conduit from the coal bin In the existing municipal building to the existing telephone eqafpueat room theFeby permitting a communication tie-in between the two buildings. There will be no way to connect the existing telephone room to the new equipment until this conduit Is las,ailed. It Js needed immediately. The chaoge~ order to provide this conduit to the existing telephone equipment room mill cost $571.73. 7. Change Order proposal NO. 23 to delete windom safety guards' designed for installation on the third and fourth floors of the nam building results ia an overall reduction of $75 to the basin contract. Due to the design of the new building with the duel wall glass and the installation of vertical windom shades, it is considered the installation of these guards would not only be aha,tractive but would be more of a hicdrance than an asset, ~here~ore they were de~ed. The savings is small as the guards had already been purchased, but will not be lnstalle~. 8. Change Order proposal No. 24 provides for the drilling,of holes for conduit, installation of these feudist and thorough waterproofing of the Installation to provide co~mnnleatioa connections between the new municipal annex and the recently acquired Rei~ and Cutshall Building. As a result of the proposal to move the Roanoke City Police Department to the Reid and Cutshall Building, it will be necessary to have direct communication between that building and the new communi- cations center. Change Order 24 would provide conduit from the curb line underground through the first floor walls into the telephone equipment rooms and auxiliary communications room. -It provides for several conduits to be extended above the ceilings between these roans and is proposed to cost an additional $3,395. The-total.coSt for the eight-Propotuls~ia.nn-overallicoaGract increase of $9,606.93. Tke Auditor. has Indicated that insufficient fonds exist fa this Capital Fund~proJect~accobnt to corer theme costa~ therefore, au appropriation would he required. Additional credits are ant~clpated;,however, t~ey hate eot been finalized at" this time and aa early decision is needed on the above chaegea. The Auditor further indicates that it may be anticipated that penalties as a result of the delay In completion of this facility will wore than cover the cost of these changes; therefore, the total cost of the new anoex should not increase. Nevertheless, to allow continued progress toward completion of the overall project it would bc suggested that City Council appropriate $9,686.93 to Capital Feud Account 10. Respectfully subuitted, · S! Julian F. Hirer Julian F. Mlrst City Manager" ffl u discussion of the proposed change orders, Jr, Lish mated that action on Change Order No. 19.eoverleg the widening of the door in the masonry wall between the computer room and ~he combination storage and air handling room behind the computer Foam be deferred. The motion was seconded by Mr. Perhinsoa and unanimously adopted. Mr. Llsh ~en mnved that Council concur in the balance of the proposed chart! orders and that the mat~r ~e ~eferred to the City Attorney for preparation of the proper ~asoreo The motion was s~coeded by Mr. ~homasand·un~r~nously adopted. Mr. Llsk then offered the following emergency OrdinanCe appropriating a total sun of ~0.900.~9 to cover those change orders approved bY ~ouncll: (#1~245) AN 0~DZ~ANCE to amend ned reordalfl Section m~, "~ransfera to Capital Improvement Fund ,# of the 1969-70 Appropriation 0rdina~ce, and providing for aa emergency.. (For full text of Ordinance~ see Ordinance Boob ~o. 34, page3~S .) Mr. Lisk moved the adoption of the Ordinance. The m~ lo~ was seconded by Jro Thomas and adopted b~ the following vote: AYe. S: Messrs. Lish, Perkins on, Thomas, Tn~t, ~heeler and Mayor ~ebbe~ ........................ NAYS: Mr. Boswell ........ 1° BUDGET-~AR~S A~D PLAYGROUNDS; The City Manager submitted a written report recommending that $S0,00 he ~ppro;t[ated to Operating Supplies andMaterlals under Section =7S~ #~ecreatioe~ Parks sod Recreat]mal Areas," of the lgC~-?O bndget~ to provide funds for the remainder of the fiscal year. Mr, Perkinson mored that Council concur in the recommendation of the City Manager and off~red the following emergency Ordinance:: (u1~24~) A~ ORDINANCE to amend and reordain Sectioe #75~ #Becreatloe~ Parks and Recreational Areas," of the lg~9-?O App~opriation Ordinance, and providing (For full text, see O~dinaece.Mooh No, 34, page3hS ,) Er, Pevkinsoo moved the adoption of the Ordinance. The motion mas seconded )y Mr. LOmb'fad adopted by the follemicg vote: AYES: Xessrs. Rotwell, Limb, Perklnson,, Thomas, Trout, W~eeier nad Mayor Eebber ........................ NAYS: ,None ................ O. HUHBRT-RRCREATXO~ DEPAE~REK~-PAIiKS AND PLAYGRO{]ND$; Conaoli having referred to the'Cit~ #~nager for study, report end.recommendation a communication fr'( Er. Alvin L. Nnsho Recreational Coordinator, "[unmka" Center for Hlnok Edanntion, requesting that Council appropriate $750.00 for labor and expertise to develop n basketball court on privately-owned propcrty to be leased by the "Kuamka" Center, the City Hanager submitted the following report recommending that the request be granted with certain provls]snn: "Roanote, Virginia June 29, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: At your meeting on June H representatives of the Kuamha . Center for Block Education. 601 llth Street. N. N.. appeared in the interest of basketball court facilities on property near the Southeast corner of the intersection of llth Street and Moormau Road, N.M.. You referred this to me for investigation and report. Mr. Mitchell, Director of Parka and Recreation, and X, on June 23, met with representatives of the organization,at the site. The property is privately owned and it is understood that the owner Is willing to lease · portion of the lot for recreational facilities. Yh~s portion is vacant and is approximately 42 feet by 70 feet in size abutting an alleyway in the rear of the lot** On the froot of the property is situated a vacant gasoline service .station. ,This building would not be,included In the proposal; however, the organization has expressed an interest ia possibly negotiating with the owner for this building and the frontage-on a separate basis for indoor recreation activities. It is the opinion of Mr. Mitchell and me that this immediate area would be an advantageous location for a,basketball court. Yhere are a large number of young people in this area and available public facilities are nome blocks away. This idea also'fits into the general objective as has been expressed by our planning Department and Parks and Recreation Department.in behalf of small-neighborhood play areas. It would be recommended that the City Council authorize the necessary arrangements co the following baslso The Kuamha Center would enter into a two-year lease mith the owner of the property, the City in*urn would eoter into o brief agreement with the Center whereby the Cmter would agree to make the area available for public recreation in exchange for which the City would construct a boohetbail court to the extent Of hard surface, backstops and nets. The Center mould be responsible for the day-to-day iaint'enance and cleanup on the property. It.would be recommended that after July I there be authorized the~pem~ltore of $750 from budgeted funds for recreation facilities toward this construction. Respectfully submitted, S/ Julian F. Hits*, Julian Fo Hirst City Manager~ l/ #r~ Thomas m?ved that CounciJ.~oonur in the recommendation of the City Manager and that the matter be referred to the City Asr.me7 fur preparation of the proper measure. Tho motion mas seconded by Hr, Trout and unaniuo~sly adopted. FIRE DEPART#RNT~ The City Homager'submitted the following report advising that he has appointed Assistant Chief Alfred.K. Hu~hson as Chief 5f the Roanoke Fire Oepartment ~ffentive Aagnst 4. 1970: Honorable Mayor and City Council Roanoke. Virginia Gentlemen: 'Roan.ret Virginia June 29o 1970 This is to advlsee pursuant to the provisions of the City Chartero'of ny appointment Of Assist~t Chief Alfred K, Hughson to be Chief of the Roanoke Fire Department effective August 4. 1970. Incumbent Chief Sidney ~. Vaughan mill retire on August 3. Chief Vaughan will have absented hiuself from the City on Jane 23f ~0. to commence the use of accumulated vacation time. Y_~n June 24 through August 3. Assistant Chief Luther C. Kingery'has been designated as Acting Fire Chief. His command in an acting capacity mould be subject to the recall at any time of Chief Vaaghan should necessity require. Assistant Chief Ki~ger~ will himielf retire in October after 40 years of service. It is interesting to note that these three men. Chief Yaoghan. Assistant Chief Haghson and Assistant Chief Klngery. represent au accumulated total of approximately 110 years of service in the Roanoke Fire Dopartme~t. It is felt fortunate to have a man of the experience and capa- bility as I believe is found in Chief Hughson to be available for service to head'the Fire De~art~eot and to have his acceptance of this appointment. A personal resume of Chief Ruohson is attached? Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager~ Mr. Lish moved that the report be received a~d flied, TAn motion mss seconded by Mr, Thomas and unanimously adopted. PARKS AND PLAYGROUNDS: The City Manager submitted a written report transmlttlo9 the following report of a committee recommending that the bid of Harold A. Francisco for concession privileges to be exercised at Nasena Park for tht sum of $35.00 for the period beginning July 1. 1970. and ending December 31. 1970. and the sum of $1~$~00 for the period beginning January 1. 1971. a~d ending December 31~ 1971. be accepted, the City Manager advising that he concurs in the recommendation of the committee: "Jun~ 29. 1970 Honorable Mayor and City Council Roanoke, Virginia Gent]omen: After due and proper advertisemeut had been made therefor, one bid mas recolved in the office ~f the Par~ha$ing Agent and opened before the undersigned committee at Il:DO a.m., June 24, 1970 for operating the concessions on the softball areas at Masena Park for the remainder. of the current caleodar year mith an option to renew for one additional year. 383 ~ i The bid was submitted by Harold A~'Froneisco. Salem, Vlrglolo~ in mhicb he propones to pay to the City for the rights tad privileges the foil..fag emoaota: $35.00 for the period beginning Jul7 it 1970 and ending December 31, 1970. : $12~.00 roy the period beginning Jnouory It 1971 and end/ag Denember 31, 19?l. It is pointed out that in December, 1960, one bid was received, and aecepted, that of Jlmmle L. #lnnlx, for operating the above mentioned concessions for the year 1969. The bidder elected not exercise the option to renew for the years 1970 and 1971. There- fore, it is the recommendation of the committee that a contract be awarded to Harold A. Francisco for operating the concessions on the softball areas at Kasena Park for the consideration stipulated above. The bid appears to be reasonable an compared to bids re- ceived in prior years. Respectfully submitted, Committee: S/ Byron E. Hamer Byron E. Honer Assistant City Manager S! Rex T. Mitchell, Jr. Rex T. Mitchell. Jr. Director of Parks and Recreation S/ B. B. Thompson Baeford'D. Thompson Purchasing Agent" After n discussion of the matter, Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that the following O~dinance be placec upon its first reading: (a19247) AN ORDINANCE accepting a bid for concession privileges to be exercised at ~asena Park and directing the execution of the requisite contract therefor. MHEREAS, on June 24~ 1970, and after due and proper advertisement had been made therefort one bid for the award of the concessioo privileges hereinafter mentioned was opened in the office of the Cltyts Purchasing Agent by three members of a committee appointed for the purpose, and thereafter was tabulated and stcdied by the committee which has made written report and recommendation to the Council through the City Manager; and ~HEREAS. the City Nonuser, concurring in the conmitteets report has trans- mitted the same to tie Council. recommending award of the contract as I~relnafter provided; and the Council, considering all of the same, has determined that the bid hereinafter accepted is the lowest, best and only bid made to the City for the award of the concession privileges hereinafter set outt and that said bid should be ACCEPTED. THEREFORE. HE ~ ORDAINED by the Council of the Cloy of Rom ok, that the bid of Harold A..Francisco, of Salem, Yirginia, for the privilege of operating the concession on the softball areas at'Was,no:Park for the remainder of the current calendar year with an option to renew for one additional calendar year, such con- cessionuire to pay to the City.for such privileges the sum of $35,00 for the period beginning July 1, 1970 and coding December 3lo 1970, and the sum of $125,00 for the period beginning January 1, 19?lo and ending December 31, 1971, be nnd said bid is hereby ACCEPTED; end the City Manager be, and is hereby authorized nnd directed, for end on behalf.of the City, to execute requisite contract mltb the aforesaid bidder respeotiog the concession privileges to be exercised by said bidder, such contract to be made upon'such form as is upprove.d by the City Attorney. The motion nas secSoded by Mr. Thomas and adopted by the follomfng rote: AYES: Messrs. Boswell, Lisk, Perkinsoo, Thomas, Trout, Mheeler and M~.~r ~ebber ................... ?. NAYS: None ......... O. After a further discussion of the matter, various members of Council questioning thesmall amount of revenue the City of Roanoke mill derive from the Maseua Park concession, Mr. Thomas moved that Ordinance No. 18503 providing that bid for concessions shall be publicly advertised be referred to tie City Manager for study, report and recommendation to Conncil as to future policy in regard thereto. The motion was seconded by Mr. Mheeler and unanimously adopted. AUDXTORIUM-COLISEUM: Council havin~ referred to the City Attorney for a legal opinion on the report of thc Roanoke Civic Center Advisory Commission in tion mith the request of American Motor lens, Incorporated, advising that the Com- pany is desirous of operating the catering and concession facilities at the Roanoke Civic Center 'on a flat lease or percentage lease basis, recommending certain policle and procedures.relating to the refreshment concession, vendng machines and.food service at the Roanoke Civic Centert the City Attorney submitted the following report advising that Council has broad powers with respect to the management and operation of the Civic Center and that it is his opinion that Council may follow the recommendations of the Roanoke Civic Center Advhory Commission: *June 26, 1970 Tho~Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia : Gentlemen: At the meeting:of Council held June 22, 1970t the Council's Roanoke Civic Center Advisory Commission in a written report made to the Council recommended, among other things: (a) That the City plan and:arrange to operate, with its own staff and materials, what are referred to as the Refreshment. Concession Stands at the Roanoke Civic Center; and (b) That, for the purpose of providing food service, catering and meals at the Roanoke Civic Center, the City establish an *Approved List of Caterers** promulgated for two-year periods, from which prospective permittees and tenants using the facilities of the Roanoke Civic Center would be required to make a choice and subsequent arrange- ments for the supply of food service, 385 Roth proposals were~rer~rr~d~to~the~uoderslgted~for~expresnfon or nn opinion es\to the Clhy!s~authority~should the/C~'uncilbe So lnclined~ to provide-t~e ~bove~services/ih~the~monoer re~mlended by the Advisory Commission. /~. - "' ~- · *~ ~ ~ ~ ~ It i~ ~Y'o~lnioa ~t ~the'C~n~ll m~y follow,the reoo~&endntlon of its Roanoke Cl~i~ Ceat'er~Advisgry Coui~sion~la~eaeh~above ia- . stance should*he Council no ooo~lude,~-~At~tbe lglO:sesnion~or the General Assembly o~ YJrgielw Section 2reft*he CIW~s~Ckartert enu- merating certain of the express powers ct the Clty6 uns. nuended by Chapter 207 or the Acts or that Assembly~so asr awongother things, to give to the City through its CIW Counoll:bro~d powers with respect.to the.management and operwtioa~or 'the Civic. Center . and explicitly authorized the City ~o do all things aecesssary and proper.to encourage the nse.!ib¢~ent · , u*; Even la the ab- sence of the broad power granted the City with respect.to lis Civic Cen~er by the legiqlature wy vphiou,mould be.the sawed inasmuch as I believe these details o! the operation of such a ~acllity to be necessary incidentals of the operation of *be whole facilities and such ns are within the power cf the local governing body in its sound discretion to employ. Little, if any distinction could be made, I believe, between the CitySs sale and that of Its sale of gasoline and oil at its Municipal Airport. The main question for determination is that of which method of operation furthers the best interest of the public and leads to the greater and.more Convenient use of the public fQclllty. As stated above, thc power of that determination lies In the City Council. Respectfully, S/ J. N. [incanon J. N. Elecanon City Attorney" Mr. Perkinson ~oved that Council concur in the recommendations of the Roanoke Civic Center Advisory COmmission as presented to Council at its regular meeting on Monday, June 22, 1~?0 and that the report of the City Attorney be receive and filed. Th*moron was seconded by Mr. LJsk and unari~ously adopted. Mr. Perkinson then moved that the Director of the Roanoke Civic Center be instructed to lmple;eflt thc recommendations made by the Roanoke Civic Center Advisory Commission. The motion was seconded by Mr. Ltsk and unanimously adopted. REPORZS.OF COMMITTEES: NONE. CONSIDERATION Of CLAIMS: NONE. INTRODUCTION AND CONSIDERATIO~ OF ORDINANCES AND RESOLI~XONS: STREETS AND ALLEYS: Ordinance No. 19229, vacating, discontinuing and closing a portion of the street located on the southwest corner of Walnut Avenue and Sylvan Roadt S. E., ~avlng,prev~usly bum before Council for Its first reading, read and laid over, was again before the body, Mr. ~heeler offering the following for its second reading,and final adoption: (~1922g) AN ORDINANCE permanently vacatingt discontinuing and closing ,a portion of a street in the City of Roanoke, Virginia, at the southwest corner of Ralnut Avenue, S~uthea?t, and Sylvan Road, Southeast, and m~re particularly shown on the plat of survey dated ~arch ~30, lg;O by David Uick and Harry A. Wall, Civil Engineers and Surveyors. (For full text of Ordinance, see Ordinance Book No. 34, page 36b.) #r, Wheeler moved the.adoption o! the Ordinance, The motion was seconded by Hr, Trout and adopted by the full.ming vote: AYES~ Messrs, Boswell. Lisk. Perkins.n, Thomas, Trout, Wheeler nod Mayor Webber ............ ~--?. . NAYS~ Noae~-~ .... O, · P£~$ION~-PO~ICE DEPArTmENT-FIRE DEPARTM~: Mr. ~ro~t offered the follow- lng emergency Ordinance amending and reordaining Section 1, Definltions~ Section Benefits; and Section 6e Hethod'of flaunting, in certain particulars. Chapter General provlsfonso.Title ~II, ~en~io~s and R~tiren~ntt of The Code of the City of Roanoke, 195~ as anended: (~19248) A~ ~DI~A~ anending and reordainlgg Sec. 1. Definition; Sec. 7. Benefits; and Sec. 8. Hethod of financingu la certain particularst of Chapter l, General pr.visionst of Title III, Pensions and Retirementt of the Code of the City of Roano~e~ 195~0 as anended; and proving for an emergency. (For.full text of Ordinance. see Ordinance Boo~ No. 34e page Hr. Trout uoved the adoption of the Or~ nonce. ~he motion Was seconded by Hr. Lisk and a~pted by the following vote: AVES: Hessrs. Lisk, ~erkinson, Th.nast Trout, ~heeler and Honor · ebber ...... 7 .................. NAYS: Hr. ~os~ell ..... I. Hr. Trout then offered the following Resolution requesting the Board of Trustees of the Virginia Supplementa~ Retirement S~stem to amend the Federal-State Social Security Agreement now In force so as to i~c~ude the ~mployees.of the City of Roanoke constituting the menbership of the Emplo~ees~ Retirenent System of the Agreement for Social Security coverage, effective as of July 1, (~19249) A RESOLU~IO~ relating to the ~mployees* Retirenent Sis,em of City of Roanoke a~ t~e ~olice and Fire Penslm S~ste~. ,(For full text of Resolution,,see Re~tion Boo~ No. 340 page 372.) Mr. Trout moved the adoption of the Resolut~on. The motion was seconded by Mr. Perklnson and adopted by the following vote: AYES: Messrs. Boswelle Llsk, Per~lnson~ Thomas, Trout~ ~heeler and Hayor ~ebber ....................... 7~. ,. , . NA~S: ~one~ ........ O, HEALTH DEPUTIES: Co~ncil having directed the Cltl Attorney. to prepare the proper ~easure a~ending Resolution No. 18535 approvin9 the establishment o~ a single community mental health services ~rogram and a single, com=unit~ =ental heal~ services board for the Counties of Botetourt and the Cities of Roanoke and Salem, by deleting the County of Botetourt, he presented same;.~hereupo~, Ir, ~ho~as offere~ the following l~solutioa: 387 (~19250) A RESOLUTION ratifying nnd approving the establishment of u sfsgle community meutnl health serylc~s pro~rsm and a s hgle community mental health services board for the Cities of Roanoke and Salem and Roanoke County~ ss provided In Chapter 10, Title 37,1e of tbs 1950 Code of Vlrgfnfa,'as emended; and ratifying and approving appointments of the City*a members on'said Board. (For full text of Resslntioa, see Resolution Book No, 34, page 372.) Mr~ Thomas moved the adoption Of tbs Resolution. The motion mas seconded by Hr, Llsk and'adopted by the following vote: ' AYES: Wessrao Boswellt Llskt Perkinson, Thomas, Trout,'Rheeler and Mayor Webber ............ 7. NAYS: None .....On BUDGET-RAHER FIELD: Council having directed the.City Attorney t o prepare the proper measure approving and ~recting the payment,of the cmt of night,lighting and for services of officials at baseball games at Maher Field between teams competit in the American Legion Baseball Program, he presented same; whereupon, Mr. Lisk offered the following Resolution: (u19251) A RESOLUTION approving and directing the Clty*s payme fit of'the cost of night lighting and for services of officials at baseball games at Maher Field between teams competing in the American Legion Baseball Program. (For full text of Resolution, see Resolution Book No. 34, page Mr. Link moved the adoption of the Resolution, The motion was seconded by Mr. Perkinson and adopted by the following vote: AYES: Messrs. Boswell, LUsh, Perkinsoa, Thomas, Trout, Wheeler and Mayor Mebber ............... NAYS: None .....O. ZONINC: Council having directed the City Attorney to prepare the proper measure authorizing the i~nuance of a permit for the continuance of a non-conforming use of a portion of the premises located at 311 16th Street, S. W., described as the northerly portion of Official TaxNo. 121241.6,,he presented same;'whereupon, Mr. Nheeler offered the following Resolution: (~19252) A B£SOLBTION ~uthoriziog the issuance of a permit to authorize continuance of a nonconforming use,of a portion of the premises located at 311 16th Street, $. ~., being a northerly portio~ of Official NO, (For full text of Resolution, see Resolution Book No, 34, page 374.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs, Boswell, Perklnson, Thomas, Trout, Wheeler and Mayor Webber .................. NAYS: Mr, Lisk--1, MOTIONS AND MISCELLANEOUS BUSINESS; MBNICIPAL BBILDING: Hr. Lisk called to the attention of Council that ther~ Is an nunllnb)o money la the 1970-71bud~etfornp~bllc~a ~s~em h~eCoun~llCh~a #unlelpol Building Annex and moved that the cost of having such a system Installed ia the Council Chambers be re~erred to the City Manager for s%udye report nad reComme~dgtion to Council. The motion nas seconded by Mr, Thomas, Hr. Trout then o~fered a.$ubstltute motlon that the matter be received and tiled. .The motion mas a~conded by Hr. #he~ler nad lost b~ the following vote: AYES: Messrs, Trout, ~heeler and #ayor. Mebber--~-~- .......... -~. .... 3, NAYS: M~ssrs. Bosuell~ Link, Perkinson and Thomas ............... Thc original motion was then adopted by the follouing vote: AYES:. Messrs. Bosmellt Llskt Perkinson and Thomas .................. 4. ~AYS: Messrs. Trout0 Mheeler nod Mayor Mebber ....... ~ ............. 3. There being no further business, Mayor Rebber declared the meeting adJonroed. APPROYEB ATTEST: City Clerk Mayor :389 COUNCIL, REGULAB MEKTINO, Monday, July 6, 1970. The Coencil of the City of Boenohe met la reguler meeting in the Lam end Chancery Couvtroom'fn the #unicipnl Baiidleo, Monday, July'6, 1970, mt 2 p,m** the regular meetin~ hoor,.mith Mayor ~ebher preaiding. PRESENT: Councilmen John W. Bosmell, David K. Link. Hampton W. Thomas. Vincent S. Wheeler and Mayor Roy L. Webber ..................................... $. ABSENT: Counclmen Frank N. Perhlnson, Jrt, and James O. Trout .......2. OFFICERS PRESENT: Mr. Jul lan F. Birst. City Manager, Mr. Byron E. Uanero Assistant City Manager, Mr. James N. Kincaeon~ City, Attorney~ and Mr..J. Robert Thomas, City Auditor. Ih~OCATION: The meeting mas opened with n prayer by the Reverend L. C. Hall. Interim Pastor, Hollinn Road Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, June IS, 1970, having been furnished each member of Council on motion of Mr. Lisk.'sea~d~l~ ~.l~asanJtman~ously ad~t~d, the r~in9 the/eof mas dispensedml~ the m~utes approved ~ reco~ed. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PE'/ITIONS AND COMMUNICATIONS: SIREET LIGHTS: A Communication from the Appalachian Po~er Company, trans- mitting a lint of street lights installed and/or removed during the mouth of Jane, tn?O, mas before Council. Mr. [heeler moved that the communication be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. TRAFFIC: A communication from Mr. ~alter fl. Basham, Oireetor. Roanoke Valley Region Antique Automobile Club Of America, re~uesting that consideration be given to collectors of antique and older model automobiles, incliding these no longer in production, who have these automol~es stored in garages, driveuays and the bach of private property in the city, when the proposed Ordinance in connection math the beeping of inoperable automobiles on private property is prepared end enacted, mas before Council. Mr. Link moved that the commun~ation be referred to the City Mmager for his information in connection sith his study of the matter. The motion mas seconded by Mr. ~heeler and unanimously a~bpted. HOUSING-SLUM CLEARANCE: A communication from Mr. Russell R. Henley. Executive Director, City of Roanoke Bedevelopment end Banning lu~ ority, advising thl the estimate Of the annual amount of payments in lieu Of taxes for the lo#*rent housing proJ eot located On gontrose Avenue. $. E.. between 13th Street mod 14th Street is $3,000.00 and the amount of taxes uhich mould be levied if the property mere privately,unwed is $19,000.00 and that.the property ut present, assuming all taxes paid, Is producing $754.00-per annum, mis before Council. · Mr. Link moved that the communication be received and filed. The motion mos seconded by Mr. Wheeler end unsnlmoual! adopted. BUDGET-STATE COMPENSATION HOARD~CONRONWEALTB°S ATTORNEY: A comeunl~loo from Mr, Samuel A, Garrison, III, Comeonuealth*c Attorney, adviniag that ceramic requested appropriations for Travel Expense, Education, Dans. WembernbJps and Subscriptions mere deleted from hic.1970-?l budget and reqnestiuO that said appropri Mr. Wheeler moved that the request be referred to the City Auditor for ,study, report and recommendation to Council. The motion mas seconded by Mr. Link and unanimously adopted. BUO6ET-CL£RK OF THE COOEYS: A communication rrna Hr. Ralker R. Carter, Jr. Clerk of the Courts. requeaticgthat $202.e0 be appropriated to Personal Services under Section m25, ~Clerh of Courts," of the 1970-71 budget, to provide additional funds for the salary of the Clerk of the Courts. mas before Council. Mc. Wheeler moved that Council concur in the request of'the ~.terk of Courts and offered the follou~ng emergency Ordinance: (m192~3) AN ORBINANCE to amend and reordaJn Section ~25, "Clerk of Courts of lhe 1970-71 Appropriation Ordloanoe, and proyidlog for an emergency. (For full text of Ordinance, see Ordinance Book No. ~4, page 378 .) Mr. Wheeler moved the adoption of the Ordimnce. The motion mas seconded by Mr, Thomas ~nd adopted by the following vote: AYES: Ressrs. Bosmell, Link, ~homus, Wheeler and #ayor Webber ......... S. NAYS: Hone ................................................. ~ .......... O. (Messrs. Perkinson and Trout absent) ZONING: A communication from Mr. C, Richard Cranuell. Attorney, represent, Jug ¥inton Fuel Oil Company and Mr. G. L. Cummings. requesting that the time for obtaining a certificate of occupancy for n non-conforming structure be extended until September 1, 1970. mos before Council. Mr. Thomas moved that the request be referred to the City Attorney for study, report and recommendation to Council. Yhe ~otion mas seconded by Mr. Link and unanimously adopted. At this point, Mr. Perkinson entered the meeting, WATER DEPARTRENT: A communication from Hr. James R. Young. Attorney, representing Or. Wyron E. Henderson, requesting a variance to the policy of the Cia: of Roanoke mhich prohibits a service connection for water to be made through private property to the property of the user. mas before Council. Mr. James M. Young, Attorney. and Dr. Myron E. Henderson, appeared before ConncJl and presented sketches Jn connection eith the request, ln, a discussion of, the'request, the City Hsaeger advised that this matter has been before Ms end that be-turned the request damn;because under the prorfafone of The Code of.the City of Roanoke, 1956, the connection must be throaoh · private connection frae the street. .. · . Mith reference to the matter, Hr,.Jack V, Ploce,.Attorney, representing the adjoining property owner, appeared before Cou~il end advised that hfs clients mill be glad to execute uhatever la needed for. Hr, Henderson to obtain an easement through their property for said mater connection, After further discussion of the request, Hr, Lisk moved that the matter be referred to the City Hanager end the City Attorney for study; report.and recou- uendatioo to Council, The.motion mas seconded by Hr, Thomas and unanimously adopted. SENERS AND STORH DRAINS: A petition from Hr, JackY, Place, Attorney, representing TemJ~ Hones, Incorporated, advising th at bis clients are desirous of developing lets on 6 1/2 Street and Horehead Avenue. S. E,, for the construction of single-really duelling units, that there is no sanitary eerier service to the lots in question and requesting that a sower project be established with Tempo Homes, Incorporated, to pay one-half of the cost thereof ned the City of Roanoke to bear the other one-half of the cost, mac before Council. Mr. Rheeler moved that the request be referred to the City Manager, the City Attorney.and the City Auditor for study, report and recommendat i~. to Council. The motion was seconded.by Mr. Thomas and manlmously adopted. PERSONNEL DEPARTM£~T: 'Mayer Rabbet welcomed Hr. Donald M. Graham, Person- nel Director, to the emplo)ment Of the City of Roanoke and advised Mr. Graham if there is anyway any member Of Council can be of assistance to him to feel free to call upon them. REPORTS OF OFFICERS: POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted the follow- ing report recommending that Council amend Title XXIII. Chapter 4, Section 13, of 7he Code of the City of Roanoke, 1955, as amended, making it unlawful for any person, firs or co~poration to install, seal lease or use, or cause OF allan to be installed sold, leased or used, within the corporate limits of the City Of Roanoke. any police or.fire telephone dial alarm device which is designed to automatically actuate or call any city police or fire department telephone or radio circuit: "Roanoke, Virginia July 6, 1970 Honorable Major and City Council Roanoke, Virgi~ Gentlemen; Recent innovations in the communication field have resulted in the development of automatic-telephonic alarm devices uhich, mhen activated, may be programmed.to ring emergency telephone numbers such as the fire or police departments. Some of these devices when activated will transmit a recorded message to the listener an~ repeat this action several times. Unfortunately, some of these devices can malfunction Dad tie ap the emergency libas, In od~itioo these devices mill.be octnsled om these Dune emer~eoc! lines If a power £afture is experienced. At best this type of system bis a low relia- bility factor and cnn be mail! compromised. When the first device or this nature uss introduced assimilation of_ihs equlpmeot mos contrary to tho Chesspaohe Dad Potomac Telephone Company,s pollo! end cu~ld b~ prohibited. Subsequent to thio ~lme, bouever, the Federal Communications Commission has held hearings sod in the FCC Cnrterfoae decisl6e It uus ruled that foreign equipeefl, l, e** devices other then those manufactured for or provided by AT~T o¥ ltd subsidiary compsaf~o, way be attached to telephone company facilities. With this change lo policy the first or these emergency devices it our area was installed, but ms only one emergency /Joe would he effected by thio oas festal/o- tiaa, it wes decided to tahe I waft and Dee attitude. 'As other devices were installed early this ~esr, the seriousness of the danger of possible point failures tying up all City ewergenc! lineJ became a usLter of concern. Accordingly, the organizations selling this equipment were contacted and asked to program their e~/ipleat to other then City euergeac! telephone numbers, They readily agreed and assured our representatives of their future cooper~on. Actosll! this is only I temporary respite. These devices are now beiwg adrertlsed in many periodicals and it is possible to cure t)e ~nits t)roig) mail prdev suppliers, program them to City emergency numbers and install them without our knowledge. Thus. without our even being aware that the units are installed, should a temporary peaer failure occur, all of our emergency telephone lines could be Jammed up bytbese devices. This problem bas been recogolzed by numerous other cities smd local ordinances panned to prohibit the programming of these devices to municipal emergency telephone numbers. A copy of the City of Philadelphia, Pconsylvaoia, ordinance was obtained and J~vlded to our City Attorney' for bis assistance in ~ sparing an ordinance for A proposed ordinance is submitted for your consideration with Respectfull~ submitted, S! Julian F. Hirst Julian F. Hirst City Manager" In a discussion of the matter. #r. Boswell expressed the opinion that the eatter should be given further study from the standpoint of protection for merchants After a rather lengthy discussion of the proposed amendment. Rt. Thomns offered the f~lleuing emergency Ordinance: (#19R$4) AN ORDINANCE auendino Chapter 4. Title XXXII. of the Code of Lhe Citj of Roanoke, 195~. enid Chspter relating to Offenses Against the Peace. by the addition of a nam section prohibiting the use of telephone disl slarm systems ~nder certain circumstances; providing a pennlty therefor; providing for the ubltcation of this crdinance; and providing for=an emergency. (For full text of Ordinance. see Ordinance Book No. 34, p~ge 3?9 .) Hr. Thomas moved the adopti.on or the Ordinance. The~tlon was seconded Hr. Perkinson and adopte~ b~ the folloMJno vote: AYES: Messrs. Lisk. Perkinson. Thomas. ~heeler and Ha~or Webber ......... NAYS: Hr. Boswell ....................................................... 1. {Hr. ~rout absent) 393 STR£BT$ AND ALCEYS: ..Council hylqg concurred in m ,report of the City tdrfelng that bo proposes to ~ro~e~ uith edverkisiag for bids for the blacktopping of streets under Lint ~A' costing approximately $145,000.00 which fun41 mould come from the 1969-70 budget, the. city reserving the right to extend the scope or the contract, based on the unit prices ~et out in the prGp~s~.lncor~orpted therein, by ordering additional quantities of lite mort and meterJ~l~ .not to exceed the sum of $100,000.00, upon approval ot Council' no~ later t~oh July 10, [9~O. the City Manager submitted the rolloming' report recommending thot Council authorize him to increase the present contrnct with Adams Construction Company and Virginia Asphalt Paving Cnupan~, Incorporated. by the inclusi6n, of List "B~ in an omoupt.not to exceed $100,000.00: #B~nnote, Virginia July 6, 1970 memorable Mayor nod City CoencJ~ " Roanoke, Vir~nin ** Gentlemen: On.ur agenda Of March 30, 1970. me submitted · recommended list of construction mort to be performed under the blacktop program during the current paving season. Because or the budget division difficulties, the list uaw divided into two groups: List A, co,ting apprnxtmately $145,0P0, nbich funds mere to coue from the budget and List B, costing appro~imately,$100,O00, which funds would have to cone from %h~ new 1970-71 budget. This mould be a total pvogram o~ approximately*$2SO,O00. Contract was adve~tined and let and the ~ort has hee~ completed, under Council authorizati~, of List A under the prior year's budget ~be original contract with the*coostruction conp~n~' mad~ allow- ance for th~s condition and provided that the City could enlarge upon the contract with a deadline for such action as of July 10. It is recommended that the Cit~ Council by ordinance authorize the increasing of a contract with Adams Construction Co.puny--Virginia Asphalt Paving Company, Incorporated. by the inclusion of List B with unit prices as established under the contract and with the additional cost not to excned $100.000. Respectfully submitted. S/ Julian F. B~st JulionF. Hfrst City ~anager# Hr. Rheeler moved that Council concur in the recommendation of the City Homager and offered the following emergency Ordincnce: (~19255) AN ORDINANCE exercising the Citytu right to extend or enlarge upon the amount and quantity of street paving to be done by the Clty*s contract Virginia Asphalt Paving Coxpany, Inc.. and Adams Construction Company. made pursuant to the provisions of Ordinance ~o. 1915~ adopted April 20, 1970; limiting the cost of such a~dittonal work ~o the sum of $100,000.00; and providing for on emergency. (For full text, see Ordinance Book ~o. 34. page 380 Hr. Mheeler moved the adoption of the Ordinance. The ~otion was seconded by Mr. Lisk and adopted by the follouing vote: .! AYES: #ea~rs. Bosuell, blah, Perkhaou. T~oean. Mheeler and Mayor Me~bor ...................... 6. MAYS: Moue .......O. (Hr, Trout absent) MUNICIPAL BUILDING: Council having referred to the Cltl Mnn·ger for atudy~ report nnd recommend·tion the coa~ of h·v~ng e public ·ddress aystem lust·lied in the Council Ch·ubers i· ~be n~u #u·lcipnl Building Anne·, the City Manager submitted · nritten report transmitting the f~lloul·g:'interdepnrtment ccueunic·tJon from Mr. Alfred Seckley, Chief of Couuu~fc~tiosa, math regard to said pnbiic ·ddress 'As yo· knou~ prior to n·bmftt~sg the coat eatimite for · sound system Installation in the neu council chamber severnl rectum mere considered i. e.. (1) Ia sound reinforcement seceasury in a room of this size: (2) Aesthetlc·ll7 deairnble? (3) Ceo ne obtain useful ·nd adequate loudness tbroughout the &ntire ··dience ·re· math the s~teu oper·ticg un·Steaded, nnd (4)~Should it prnvide multiple output connections for press, brondcnnt ridlo and Ulerision pickup. Generally. rooms 'or amnll auditoriums of this size ~(2o.4oo cubic feet) ere equipped uith sound reiafnrcisg nyste~s, consisting of · single microphone loc·ted ·t ~ speakera podium and · high level speaker distribution configur·tion, nhich delivers useful reinforcement of progr·m m·terinl to ·n audience. The arrangement is ·dequate and economical for its intended purpose. Oar situation is quite different in that several people se·ted at various locations must be heard mithoet moving to one centr·l microphone. It is also desir·ble to operate the system unattended and it must be ag designed ns to prefect acoestfc·l howl or feed back, ~herefore, microphones must be provided in froot of each Council Member and Mayor*a place (seven thus), in front of the City Mnnager*s place, in front of abe City Auditor's place, in front of the. City Attoreey*s place, and in froot of the City Clerkes pi·ce, ·ithn floor stand microphone located for others ·ho mould need to be heard, Conversely, when yon'hume this many microphones in the same are· uhicb the audience occupies, many speakers oper·ted et Iow level ·re required It should also be noted here that complex systems of thistype often require equalizing or tuning.. This in similar to voicing an organ, and can be quite costly if the room acoustics are bad. The final problem considered mas a system for feedhg the press, television and radio people to eliminate their drnogino microphones There are three approaches which should be considered: I, Do nothie9 us it in.c~ite Possible that tbe acoustics mill be . such that if · person manta to be heard he cnn. . II, Provide only for press, radio, and television coverage, Hum- preclude its expansion into · full system if necessary, III, A complete system math ell of the features previously discussed, CO~T BREAKDOM~ FOR ITEMS II AND IIX AS FOLLONS: · ii. A complete microphone system consistfn9 of pre-amplifiers, compressor and distribution amplifiers with independent out- put terminations at 13 locations for media pickup, including installation, $ 4,UO0.O0 Option I - Item II Recording equipment ~hich would provide the City Clerk uith an nndJble .transcript of each meeting. $ 1,400.00 III, A complete sound reinforcement system consisting of equipment liated in Item II including Option l=-Item II and additimally pomer amplifiers math n low lever speaker distribution system fully installed, tested, and equalized. $11,160.00" 395. la Chi· eonueGtio·o Me. Larry N·iuel, Nas Direotur, ~, D. B~ Jo Television sppeured before Cnn·cAI u·d uroed t~ut such a system be installed in the ueu Council Ch·mherao thut ik mas his understanding such a system ma· origin·Il! included iR the pruposal ·~ that it mould he as ·dvunt·geouu to 'the w~mbers of Council ·s to the newsmedia to bare such · s~stem at their disposal. MAth reference to the mutter, various members of the neu· uediu spoke iu favor of the instullmtion of the sound system. After m di·cuisJnn,of the m·ttero Hr. Link moved that Council appropriate $4,900.00 for lhe installation of m complete microphone ·]stem con·isling of pre- amplifiers, compressor and di·trJbutJoa amplifiers mtth independent output ternt- nations at 13 locations for mens medi· pickup and that the City Attorney be directed to prep·re the proper measure accordingly. The motion was seconded by Mr. #heeler and unanimously adopted. AIRPORT: The City #an·gee submitted the follomfug report recommending th·t Council authorize the exeation of n lease agreement, with Piedmont Airlines. Incorporated, for the air cargo building ut Roanoke Municip·l (#oodruu) Airport: 'Roanoke. Virginia July 6o 1970 Honorable May~r and City Council Ro·noke. Virginia Gentlemen: piedmont Airlines submitted to us a suggested lease agreement for their occupancy of the scheduled cargo building al the MOnlcJpal Airport. Their subniksiun nas reviewed by the City Attorney. revi- sions nude thereto and the City Attorney drew an ·greement. This lease, agreement was returned to Piedmont Airlines. it h·s received their acceptinR ·lgnatures and me now have it in hand and would request of City Council authorization for it to be executed by the City Manager and City Clerk. The agreement is eleven (11) pages in length and for that rea·on I have not hud it duplicated with copies to ell members of Council. Rouever if the Council gould MAsh to have topic· individuully, Chi· c·u gladly be done. The agreement includes the standard provisias that would be anticipated in au agreement of this type; it is ut the rental rates that I submitted to City Council: it is for a ten-year period and. provides conditions of cancel~tion or termination and public liability and property damage insurance as au obligation of the lessee. , It is recommended that the City Council authorize the execution Of thin lease a~reement. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager* Mr. Lisk moved that Council concur iu the recommendation Of the City Manager and tha~ the following Ordinance be placed ~mu i~s first reading: (~19256) AN ORDINANCE authorizing and providing for the Clty*s lease of the Air Cargo fluildin9 and certain adjacent outside space at Roanoke Muuicipa! Airpo; to Piedmont Aviation, Inc.., for a term of ten years, upon certain terns and condition: MREREA$, after negotiations conducted through the City Manager, Piedmont Aviation, inc,, has submitted to the Cry its proposal of the terms of its lease of the ~r Cargo Building under construction'at the Roanoke Municipal Airport und of ceramic adJace·t outside space, havino executed slid lease prior to submittal o! the form there'df~to the City Ma·agar; amd WHEREAS. · copy of the proposed lease, as hereinafter authoriaed to be e·tered icao. is on file in the ~fflce of the City Clerk and h·c bee· ambulated to the wewbera of the Con·cai for i·spectio·. ·nd the ~ouacil deems it to the best interest of the Clay'to ·utborlze that the City agree and enter i·to said lease, THEREFORE, HE IT ORDAINED by the Con·cai of the City of Rom·aka that said City of Roanoke do lease u·to Piedmont Aviatio·. lac.. approxiu·tely 493.25 square feet of mir co·ditloned Office ap·ce and ·pproxfmately 2635.22 aqu·re feet of ·on- air conditioned warehouse space in the City*s new Air CarGo Buildl·G non under co·structio· and, ~ddltJon·lly, ·pproximately 1548.75 square feet of outside paved c·nopy overha·G area adjace·t to sal~ buildinG, for a term of ten lears to commence witht· thirty days followl·g ·atica to Piedmo·t that the leased premises are ready for occupancy and for an an·ual re·tal~ the City of $9.437.16 during the first ~rlve (5} years of said term. payable Jn monthly I·stallments of $78b.43, in adva·ce. land for a· annual rental of $8,537.76 during the last or second five (5) yea~s of the ten-year term thereof, payable in monthly installments of $711.47, in advance, and subject to and upon all other terms, conditions and provisions of that ceramic lease submitted to the City In executed form by Piedmont Avhtlon, loc., and prepared for the purpose of this lettiaG; · copy of which said lease is on file in the office in the office of the City Clerk. BE IT FURYBER ORDAINED that the City ManaGer be, and is hereby authorized and directed to execute the aforesaid lease and requisite duplicate copies thereof on behalf of the City. and that the City Clerk be. and is directed to seul and attest the same; thereaiter a fully executed copy to be transmitted by;said Clerk to Piedmont l$~tlon, Inc., in Winston-Salem. North Carolina. The motion was seconded by Mr. Nheeler and adopted by the following vote: AYES: Messrs. Boswell, Lisk, Perklnsoa, Thomas, Wheeler andMayor ~ebher ..... : ........................ 6. NAYS: None ...............O. (Mr. Trout absent) STATE HIGhWAYS-STREETS AND ALLEYS: The City ManaGer submitted the followin report recommending that CounCil forward a proposal to the Roanoke Connty Board of Supervisors proposinG that they accept certain streets located ~n Roan eke County for laintenance by the VirGinia Department of HiGhways: "Roanoke. Vlrglni~ July 6, 1970 Honorable Rayor and City Co~ncil Roanoke. V~inia Gentlemen: As a result of conversations between Mr. gobertson. Resident Engineer for the State HiGhway Department,, and Mr. McGhee. Acting City EnGineer, it has been noted that there are several streets :397 located elthla Roanoke County sad associated mlth City property mhfch have not been accepted for State malnteaonce, 'The streets lsd vid are: FernclJf! Aveoue~la the vicinity of #illfau Fleming High School and Rurfner Judor High Schoolead befog the recently access road frou Virginia Route lis into the Nrport; sndo~ ~e extension of the Industrial Access Ro~d lesdiso off of flevshberger from the Associated Transport property ap to the intersection or the access to Hoate 118, There are grouched tug maps shouisg the locations, We are advised that the State plans to blacktop Ferncllff this coming year and that they uould extend the plant aim treatment for the entire length or Fernclif! Avenue if the Sate mere requested t~t this portion of rccdus! be accepted by the State for maintenance. Me can see ~o reason uhy these streets should not and mould hot be accepted by the. State at this time for maintenance, It is recommended that the City, by resolution of.the City Council directed to the Roanoke County Board of Supervisors, pro- pose the acceptance of these sections or rocdaay for uaintencnce by the ¥irgiuia Departuent of flighusys, Respectfully subultted, S/ Julian £, Hirst Julian F. Htrst city Manaoer' Mr, Perhinson 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. Wheeler and unanimously adopted, SCHOOLS-ACTS OF ACKNOWL£HCEHENT: The City aanager submitted the following report in connection math school safety, advising that during the last three consecutive school years only one accident has occurred involving a student walking to end from school: 'Roanoke, Virginia July b, 1970 Honorable Mayor and City Council Roanoke, VirgUle Gentlemen: On April i?, lqTO, a young boy on his uny hone from Melrose School had crossed the street at 16th and Orange Avenue mhere a school guard is stationed and then gone on. beyondthe school zone, to 17th and Melrose mhere in crossing the street was S~ck by a vehicle. Be was taken to the hospital uhere it was found his injury was only slight and he was released. This is to the best of our records the only accident or injury that has occurred in a period of three consecutive school years involving a school student walking to or fro= the schools. This is an enviable re- cord, The record may be enlarged to say that, to the best of records, within the three consecutive school ye~ period no injury or accident has occurred to a school student nalking within a designated school zone area, A good record in school safety is possibly the highest achieve- ment for uhlch a community can strive. When oil the factors that can affect school safety-*the rising numbers of vehicles and their increas- ing pouer and speed, the nsmhersof stndeitsof all ages that walk, and the hazards of mouther conditlsno--it is recognized that school safety records are always up against difficult and growing odds. The credit for this three year record is due to many, all of uh om must comb~e in their efforts. Such a list mould tncl nde the excellent elementary school patrols, the police ~hool crossin~ guards, parents, school officials, teachers, police officers, traffic engineer- ing and equipment maintenance personnel, our Valley Safety Council, t sad especJ'olly perhaps the motorists and tke'schoo~ atudeots and chfldrentheeseives aha hove the real decisions. A report or this record is collflered morthy of bringing to the attention of the City Council abuse actions and~cisions hove borne heavily on the success. · Respectfully submitted, $/ Julian F, Hirer Julian F. Hfrat · City Manager' Mr. Perkinson m~.ved that the matter be referred th the'City Attorney for preparation of the proper measure expressing the appreciation of Godncil to the Police Depsrtment. the school crossing guards, the school patrols and ~11 others involved who helped in attaining this good record. The ,otfoo Has seconded by Mr. Lisk and unanimously adopted. HUDGE~-~fREE~S AND ALLEYS: The City Manager submitted the follooing repot advising of the allocation by the Virginia Departlent of Highuays of certain arban funds from the urban construction account for the fiscal ye~ lq?O-?l: *Roanoke, V kginiu July 6, 1970 Honorable Mayor and City Roanoke, Virginia Gentlemen: We ore odrlae~ of the allocation by the VJrglnJo Departue'nt of Highmuys of the follouing urban funds out of the urban construction account for fiscal year 1970-71. 24 City of Roanoke JAMISON AND DALE AVENUES $ 30.000 llth Street-19th Street (Allocationsfor preliminary engineering) City of Roanoke HERSHBERGER ROAD 170.000 Route II-Route 117 (Allocation for channelizatioo and widening of intersections and traffic signals) City of Roanoke FRANK~IN ROAD 100.000 N ~ N Underpasc-S.C.L. (Supplemental Alloc~ ion) City of Roanoke FRANKLIN ROAD 250,0D0 McClonahan Carnet-Roanoke River ($upplemeotal Alight fan) City of Roanoke ORANGE AVENUE 200,000 Route 501-Tinker Creek (Supplemental' Allocation) 101 220 220 460 City of Roanoke City of Roanoke City of Salem Roanoke County 13TH 5-fREEr AND BENNINGTON STREET 60.000 Dale Avenue-Riverdale Road (Allocation for preliminary endineerlng) ROANOKE VALLEY PLANNING STUDY * 115.000 (Allocation for · study in the Cities of Roanoke and Salem and Roanoke County. designed to re- duce traffic congestion and improve street capacity and safety) Respectfully submitted, S] Julian F. Hirsh Julian F. Hirst City Manager" :399' Mr. Thomas moved that the report be received mad filed. The motion uss seconded b~ M~ Mheeler and aue~fmeoal~ edo'~d.' SALE OF ~OP£RTY: The City Manager submitted m uritten report trsnsmltting · communication tram Hr. end Hfs, John T. Booth, ~fferieg to purchase city-omued prepert! located on Grandviem Avenue. N, W.. betmenn Yestmon~ Street end 0sklmnd Boulevard, described mE Lot S, Bloch A, Seotion 2. Round Bill Park. official Tax No. 21SO401. for the sou ~f $S00.00. Mr. Rbeeler moved thmt the offer be referred to · committee composed of Messrs. David ~. LJsk, Chairman, Julian F. BJrst, James N. Kinca~n and J. R~bert Thomas rot study, report end reccmueedetion to Eouucil. The motion mas sec~mded b! Mr. Perkimson and nnunimousl! sqopted. FIRE DEPARTMENT: The City ManuRer baring .mdrised Council that he is appointing Br. Alfred K. Rughson ua Chief of the Fire Department and the City Attar- ne! having been directed to advise Council os to uu~ formal ucti~ that ma~ be required b! Council in accordance with the City Charter, theCity Attorne~ submitted u uritten report advising that under the provisions of Section 21 and Section 32 of the Ot~ Chatter the Cit~ Manager may appoint such cit~ officers as Council ua! deter- mine necessary and to report each appointment to Council at the next regular meeting thereof followln~ any such appointment and ad¥i~ng that Council may receive and or approve or disapprove the report of the Cit~ Manager. Hr. Wheeler moved that the report of the Ctt~ Attorne~ be received and filed and that Council concur in the appointment b~ tAe City ~anager of Mt. Al~ted K. Hugbson as Chief of the Fire Department ~ the Cit~ of Roanoke. The motion Mas seconded b~ Mt. LJsk and uaaniuousl~ adopted. ZOninG: Counoil having referred to the Cit~ At~ tne~ and the Cit~ Manager fat stud~, report and recommendation the request of Mr. M~on Edeluen. that he be issued a non-conforming permit to rebuild a grocet~ store at 103~ Lafayette Boulevard. N. W., which Mas destroyed b~ fife, the Ctt~ Attorne~ submitted the fo~loulng report advi~J~g.t~at in accordance uith Title XY, Chapter 4.~, Section 37 of The Code of the Ctt~ of Roanoke, 1956, as amended, Council may prescribe the date for the ho~ding of a public hearing on the question of granting a non-conforming ~etmit to rebuild said grocet~ store: "Jul~ 6. 1970 The Honorable Ma~or and Members Roanoke, Virginia Geatleeee: At the eeetia9 of the Council held oa June 29, I~TO. the Council considered a coaaae~catioe of ~r. ~tlton Edeleafl, eltb reference to the res~stion or reconsttectioe of a ~tore bgJldJag stated to ha~e been destroyed bI fire at 10~5 Lafayette Boulevard. N, W.. in an area pteseatl~ zoned RS-~ Slegle-faeil~ District~ I understood Council to direct that I advise on the procedure prescribed b~ ordinance for the situation set out in Mt. Edelaan~s co~mentcation, 9 sttuat~ II very aluller.to that of Hr, Joe the Council, Iodepeedee~ iaqulry coupled uitk oommuaJcatloa ulth represeotetives of the Zoolng Administrator iodioate that os Ray 12, 1970, the store building looeted ot 1035 Larafette Boulevard, N. W** curried ea the 19~0 Lead Book or the City at an assessed velue or $2,360.00, mas snbutxotJally completely destroyed by fire occurring during the nighttime bourn,- Prior to such destruction the building hod been used for purposes or a retail grocery store and barber shop under Permit No. 2735 ror,uooeeOafcrmlag use duly ins#ed on December 20, 1967. by the office of the Building Commissioner under the Zoning Ordinance or the Sec. 37. relating to Nonconforming Structureu, of Chapter 4.1, of Title X¥, of the Code of the City or Roanoke, os the section nos amended by the Council on Oeuember 15, 1969. provides In puff as lotions: b. Should such structure be daooged b! any means to an extent or more than 50~ of Its replacement cost at time of damage, it shall got be reconstructed except in conformity math the provluiono of this chapter unless pursuant to building permit ltsued mlthin 6 months after such donuge gad after approval of the City Council contained in resolution of the Council adopted after public hearing before the Council upon the pro- posal rot such reconstruction, .... Treating Mr. Edelman*a letter, an the Council did the request of Hr. Joe Rheby. as a proposal to the Conncil for reconstruction of a nonconforming structure at the location in question and as his request that the Council.conduct e public hearing on rue proposal. the Council may, if it be milling, prescribe a date for such public hearing, published notice of uhich made in conformity uith the require- ,eats of Sec. 71 Of the Zoning Regulations by the applicant or bin attorney should precede the public hearing. Thereafter and oath the approval of the Council expressed in a resolution, a building permit may. mithin six months from May 12. 1970. be issued for the recofl- stvuctJon or a store building on the property in question provided. or course, all other normal requirements Of ~ · City*s Building and other construction codes be met. Respectfully submitted. S/ J. N. Klnoanon - J. N. Kincaoun City Attorney" Rt. Wheeler moved that Council concur in the report of the City Attorney tad that a public hearing on the matter be held at 2 p.m.. Monday. July 27. 1970. the motion was seconded by Mr. Boseell and unanimously adopted. REPORTS OF COMMITTEES: IN'fEDRATION-SEGREGATION: The Community eel arians Subcommittee on police- :ommunJty matters submitted the follouiog report on police-community matters making several recommendations for the improvement of police-community relations: · July 6. 1970 Please find attached hereto the Community Relations Sub-Committee Report dealing with the matter of police-community relations in the City of Roanoke. The Committee has met mtth Superintendent or Police M. David Booper sod his associates on several occasions during the past four months. Xn addition the committee bas Interviewed uumeruun citizens of both the black and mhite communities in un effort to ascertain ~ the nature and validity of cJtisen complaints regarding police service. treatment and protection ag related to City Council approximately one year ago and referred to this committee for investigation and report. I believe the recomoendatJms of the Sub-committee. mhile general in nature, are specific gad self-explanatory conclusions It is the hope or lhe Como~ni'ty Relot~lOOS Commiktee~that this Sub*comoittee report cnn be referred to the City #snegw~or~resieu nad recomo~sdotfoo nad returned to Council ns soon as possible. 'Folloming tug meetings uitb Ro~ oke"a Superintendent of Police, gqyid N, Hooper. oad his aasooiatea, it mhich the entire Community Relotiona Commiktee"uns preaent~ plus tau additional meetings of the subcoomlktee on police-community relations, the following report and re~oomendatioss ore submitted. 1. The ~:Roanoke City Police Dcpsrtuent~la nus~e or.the need for lmp~ored police-community relations and il uorking ~emard this goal uith improved training programs ohich ~nphsuiae the issue. Romever, in none of the training to recommends that blacks participate in future police training programs in the area of police-cooounity relations. 2. imports from blach youth state that there appears to be some lmproveoent in Roanoke City Police-Community nade,'humeve:, particularly in terns of continuing contact betmeen the police and the community. This committee recom- mends that police representatives neet on a regular basis aith black civic sad church groups such ns the NAACP. clergy and youth at the Kusmks Center or Eureka Park to listen to grievances and cooperate on improving police-community 3. Noting the effectiveness or efforts in other cities for ~provJng police-community relolioos, this committee also recommends the appointment of n police officer math special responsibilities to tahe the initiative for n continuing prooram in improving pollce-counnolty relat i~s. 4. In the light of the lncreasino crime rate In the first quarter of 1970, the committee recommends increased surveillance by police in high crime areas of the city. available during the hours be~meen 11:00 p.m.. and 6:00 a.m., throughout the city. $. Finally, ~hi~ committee urges Roanoke City Council. in its policy making and appropriation of funds, to provide for the pollce.depnr~me~t sufficient manpower, training and equipment to effectively meet its responsibilities in In summary, this sub-committee is of the opinion that the function of the police department in 1970 mill expand beyond the rec~ghizably difficult Job of lam enforcement to include the positive role of building, along math other civic*inntitutions such as the schools, churches and other organizations, better community relations with all segments of the citizenry of Roan ohm.~ Respectfully submitted. S/ Hampton W. Thomas Hampton R. Thomas, Chairman Community Relations Committee" Mr. Thomas moved that the matter he referred to the City Manager for study, report and recomuendatJm to Council. The motion ~as seconded by Hr. Wheeler and unanimously a~opted. SFECIA~ PERMITS-b-FA~£ flI~HWAY$: Council having referred to.a committee =omposed,of Messrs. Vincent S. Wheeler, C~airman, John W. Boswell and Julian F. Hirst ittoreey, representing the Sun Oil Company. advising that the Eflginee~iog Department, ins refused to approve the plot plan submitted by his client in connection mith the mgm folloming report advising that.the design for oolstrnotioa of the proposed surlice station facilities should he such an to accommodate tke best available cslcslitions as to the ultimate rlnu or utter nntfcipeted tkougk the area during flood conditions and that to allan less than these specifications mould encumber the city ulth the future challenge of naderdesign, Jeopardize adjoining propertlet nad be inconsistent mith the adjacent drainnge structures under armadas Avenue: 'Roanoke, Virginia July 6, 1970 Honorable Mayor iud City Council Roanoke° Virginia Gentlemen: The City Council au June 1, lgTO, referred to the undersigned committee the mutter of ~ · request er Sun Oil Ccupnny mith regard to property they lease at the Southmest corner of the intersection of Franklin Road nod Braudoa Aveuue, S. ~, The project of the reconstruc- tion of Franklin Road and tb Intern~ction of Franklin Road and Rrnndoa Avenue has considerably affected the leased property, The service station has been closed for a period of true during construction, To reestablish or reopeoo several modifications to the esinting s~tion facilities mill kayo to he made, The City Council mill recall that in one instance, on April 27, 1970, the Council adopted au ordinance ~rantlng re;okable nunlraonferoble authorJt~ to tbs Sun Oil Coapuu~ to maintain a gasoline pump island, nt this location, encroaching over the established building setback line. The oil com~ani, ns a part of ts reestablishment, plans to build a new station building which would be situated further back on the lot in rehtious~ip to the Yraeklfa Road frontage, To accomplfah this the~ mould propose to realign the stream bed of Ore 8Finch uhich pnssea along the rear of the property, having emerged from under the ~orfolh and ~estern Railroad fill and, after crossing the rear of this lot, pusses under flrnndon Avenue, thence on to the Roanoke R~F. This relocation is proposed math the oil company having obtained the concurrence of ~o~folk and Western Ralluny abase sidetrack and right of uny extend along ~he.rear boundary line of the oil ceupnny*s leased lot. In reviewing the plans for the site and tho method of relocation of the stream, it has been the opinion of the City 'Eaginee~s;efrice that tbs establishment of the b~ding as planned b~ the company uith its rear bearing mall uould restrict the finn of water h the strenw during flood conditions. Thk restriction could have the result of forcing ~aler to overflnu the ~orfolk a~d Mesl~ tracksond also to finn into property owned and.occupied by Valley Lumber Company, The oil company, as a condition of its negotiations with the railroad company, is understood to have agreed to or havesubmitted to tbs ~ railroad company, an agreement uhereby should difficulties result in future lears, the oil company mill construct a protective mall or use =ight result that mould be detrimental to railroad ~ight of ma~. Your committee has met with local representatives of the oil company, Mr, Smeltzer, their attorney, and engineers of the cnmpanyOs principal offices in Philadelphia. la addition ~o~ committee has held a second meeting on June 30 uith local representatives of the oil company, their attorney, their officials from their Gv~nsboro district office and representatives of the railroad. The cnlcul'ations of the Citl Eno~i~eer's' office, as ~initi~lll adyJled to the oil compon~ on Febrnory 3, 1970. are that Jt Mould be necessarl to ~rovide 196 square feet of free-flow space for this streau in anticipation of flood conditions. Th h designed square footage cofncfdes ~ft~ the quadruple 8 fool by 6 foot box cultert Mhich th~ YirginJu Department of Highways Is now constructJno under Brnndon Avenue at this locution to handle the same stream. ~he State Hfghwn~ Department constructed this quadrnp~e box culvert and Ass closed off tuo of the culverts temporarJll to protect them from silt. et cetera, until such time as the SouthMest Freena~ is constructed to the Nest of this location which construction, alon~ with other de~elopuent, is area requirements. To ocoommodste the opproximotely~196'squore.fee~,'i~, u~uld~-be oecemr~ for the 011 oompoo7 to Ye~lse*it~ oppenr to the oommlttee~ubJect to~'ie~e~ide~o~thbt~mlbht~i;~e~ei~ed, that the osi~ rue mays this oilomoooe~oonld.be'~mode u6uld.be~to~.ufdeo the proposed neu~¢huhiel to'the eist'b~:~u~6rtie~ i'pirt~-6f~th& ~n~fce slntioe balding over ~he oreek or to construct the nest side of thecreeh sdJ*cent-to~the rollrood right'.or uo~ l~ lien or the proposed.riprnp slope, Either or these-ervongemento are sdmltted to repres6nt~ndditiuuol expense'to the~oll coe~nn~~ The compon~ repreoentotJveo hove rioted to the committee their concern that the neu design 6r the'intersection ut Brnndoo ned Frnn~if~ efZl-lfmit traffic rlom directions on uhich the flntioe could anticipate busins to two end possibl~ three, This limitation or traffic oooesdbllit~ the justJficotfon of the nddit~nl construction expenditure. The also because the design standards are probleeoticol insofar'ns ~utnre flood conditions and because the otresm design is bused in large port on the Southmest Empress~n! mhJch it perhaps some several years off. It is the opinion of the committee that the design for construction of the proposed service erotism facilities, and ie particular the balding, should be such es to accommodate th~ best ovoilsble calcu- lations as to the ~iuute flog or water anticipated through this area during Vised conditions~ Especi811l is It noted that to constrict or upstrenn, from much larger des~ culverts already installed under .8randoe Avenue. It Is felt that to Biles less than these specifications uould encumber the Citl Mtth the future challenge of uederdesi9n, gould Jeopardize adjoining properties and would be inconsistent uith the adjacent drainage structures under Brandon Av~e. eespectfulll s~buitted, S/ Vincent S. Mheeler Y~ncent S. Nheeler ' S/ John ~. Bosuell John W. Boswell S/ Julian F. ~irst Julian F. Hr. michael K. Sseltzer, Attorney, representing the Sun Oil Company, appeared before Council and requested that the matter be deferred until a later date pending nora information to be presented to Council on the request. . Mr. Lis~ moved that Council concur ia the request of ar. Smeltzer that the matter be deferred lndefinitel~ pending more information on the request. The AIRPORT: Council having referred to a committee for tabulation, report and recommendation the bids for operating under a lease frou the Cit~ of Roanoke the 3viation fuel service business and certain related services at Roanoke (Woodrum) Airport, the committee submitted the followin~ report ~ecommendin~ that the bid of Frantz Filing Service. Incorporated, be accepted: ~Roano~e, Virginia Jul~ 6, 1970 Bonorable~oyor and City Council Roanohe, Virginia ~entleuen: After proper advertisement, bids were received and opened before City Council on June B, 1970o for leasing from the City of Roanoke the aviation fuel service business and certain related services with respect to the Roanoke municipal (~oodrum) Airport. Three bids were received, tug trow local liras aad~one~frou.~dnon~Avlotlon~.-Incor~ -poroted.~,Your cOUwlttee~ic~op~olnted'b~'clt'~Coiacll'hes revi'ened~, the bids fa detail and &es,applied-the figures aebwftted lo the.fetal fuel end services~for'~he'poat~twb'~bays:bud fl~6:lobtha~-~A lictln~ of ~ose services as prepared by Ir~ Uoraheil Harris ia aebuitted with taft reporl~ Aa:.mey'be noted fromtbla ilstJng~ the bidet Fraetn Flying ServlCe/~lecorporated, la the smonnt of 2 O;lO cents per gallon for. aviation geheline nodturbime fuel plns'e~tea'perce~t'fee oh all gross monthl~ receipts-provides the high bid amount aa soy be noted from the dncunent~prepsred;by #r~'~Herria~ *A major lector in deter- mining nhnt income wight be received from this possible co etvaot is the 3/10 of~one cent eddltional Feveaub:to be received for each gallon o~ fuel under the bid o~ Frentz Flying Service, Zecorpornted. 1968 this contract mould have ne~ted lhe City $2,094 halle in 1969 it mould have n~tted mn additional Each bidding contractor mas requboted So provide with his bid n fienncialatntenentfor the previous ~enr~ TIh document was cpecificnl- l~ requested by 5hell Oil Company tbal they night haan the ~inaucial status or the organization with which they would he dealing. Copies of these documents were roruarded to the 5hell Oil Company for their review nad on July 1, 1970, Chey approved the financial standing of She high bidder, or Frantz Flying Service. Predicated upon Chair approval nad the ~nomledge available to your-committee from the bid tabulation and the summary prepared by Br. Harris, it ia your com~iCtee*t recommendation Shat City Council accept the bid ut Frantz Flying Service, Inc., and reject the other two bids. Respectfully submitted, 5/ Byron £. Bauer ayron £. Bauer, Chairman 5! Vincent 5. Mheeler Vincent 5. #heeler 5! Marshall L. Harris Marshall L. Harris 5! Sam H. McGhee Sum H. McGhee S! Janes N. Kincanon James N. Ktucanou' Mr. ~heeler moved that Council concur iu ~e recommendation of the conmitte, and that the folloming Ordi rmce be pieced upon its first reading: (~19257) AN ORDINANCE,accepting the proposal of Frantz Flying Service, Inc., for operating under a lease from the CJt~ of Roanoke the aviation fuel service buainess and certain related services at Roanoke Municipal (Wmdvuu) Airport until August 31, 1971, upon certain terns and conditions; authorizing the proper City officials to execute a requisite contract; and rejecting all other bids. WHEREAS, at the meeting of the Council held on June 8, 1970, and after due and proper publ-ic advertisement made therefor, theree (3) sealed bids or pro- posals for o~rating under a lease from the City of Roanoke the aviation fuel uervic~ business and certain related services at the City's Municipal Airport until Aeguut 31 1971, me~e received, opened and read befcce the.Council, whereupon all said bids mere referred to a committee composed of the Assistant City Manager, Chairman, the City Engineer, the Ot! Airport Manager, the City Attorney end Councilman Vincent 5. #heel~ for the purpose of tabulating and studying said bfds and making recommendation there- on to the Council; and '405, MDEBEAS. the oforesaid comolktee has tabulated and studied ill sold bids iud reported In urihing to the CoitcJ] ut its meeking held es July. 6. 1970. khot the bid o~ proposal of Fruakz Filing Service, Inc.. has bees determined to constJtutf the best bid nabsitked to the City pro,ant to fkc advertised lnvitction, thak said bid meets the ¢ity*s opecificotions for bids required of all bidders and should be accepted; and thor.the other rue ~ida ~ho~ld. accordingly, be rejected; and MREREAS. upon the CoaocJlta receipt of the aforesaid conoiktee report, representatives of all bidders and nil other interested parties were afforded un opportunity to be heard further ~n the matter before the Council. uhereupon, and at the conclusion of ohich further ~euring. the Council is of opinion to concur xith the report of the aforesaid committee. ~'TBER£FOR£.~HE ~T ~RB~IN~g by the Council of the City of Roanoke as fol~us: 'l. That'the'~r~tten propo~al'0f Fraetz Flying Serrice, Inc., made to the City under'~ate,of June 8, 19~0, f?r.opetating under a lease from the C{ty of Roanoke the aviation fuel service business and ceftin related ser41ces at Roanote Municipal (Moodrum) Airport until August 31. 1971. which said proposal guarantees the following in payments to the Cit~ namely: (l) amount per gailon for aviation gasoline - $0.02~; (2)amount p~r gallon for aviation turbine fuel - $0.028; and (3) 10~ of oross aonthly receipts for other sales involvJe9 products and labor such:an oil. methanol. glycol, fugl additives, oxygen, food catering for over six aircraft~cupants and collection of applicable 1 anding ~ees; which said proposal is on file in the office of the City Clerk be, and said proposal is hereby ACCEP]ED. 2. Th ~ the City ~ana2ur and the City Clerk be. and they are hereby authorized and directed, for nad on behalf of the City, to execute and ~o seal and attest, respectively, a requisite contract with the aforesaid successful bidder. the terms of which, including the aforesaid payment ~rovisicns. shall be approved by the City Manager, and the form of which shall be approved by the City Attorney, the term of said contract to end at ~idnight, August 31, 1971. BE IT FURTHER ORDAINED that the two other proposals made to the City in response to its aforesaid invitation to bid be. and said other proposals are hereby REJECTED. the City Clerk to so notify eac~ said other bidder and to express to each the City's uppreciation for said bids. The motion was seconded by Mr. Thomas ged ~dopted by the following vote: AYES: Messrs. Boswell. LOok. Perkinson. Thomas. #heeler and Mayor ~ebber .............................. b. NAYS: None ............... O. (fir. Trout absent) '407, TRAFFIC-STATE XIGXRAY5: The Roanoke Highusy Safeky Co'mmission sabmikted the follouing report trnnsmlktiag Dad recommending the City of Roanoke Safety Program ~r 1470: *~' · , 'June 4;'19T0 Honorable Hay L. Webber~ Mayor ,' Honorable John'W. Bosuell. Councilman ~onoroble David [. Lisk, Councilman Honorable Frank N. Perkirma. Councilman Honorable Hampton L.Theess, Counoilmkn floaoroble Junes O, Trout, Vice X~yor and Councilman' Honorable Vincent S. Wheeler, Councilman City o! Roanoke, Virginia Under the provisions of Resolution ~o. 16369. the Roanoke Righmay Safety Commission InS brought into being and charged with the renponsJbllity*for formulating · highuny surety program for the City, subsequently reviemiag the operatio~ and effect of such n pro- gram, and making such reports to Cnaacll os the functioning of the Roanoke UJghmay Safety Coumiksion entails. Specifically, the resolution states the program must include material on status of, need for Bed neons to provide eithin the City driver education and driver improveme~ courses for adults and out-of school youths nndldentifJcation of accident-prone'locations on streets or roads ~itbb the Clty*u J at'diction and in cooperation with State agencies. Tke.iei~al hfghuay safety program for Roanoke uaw prepared la December 1968 and submitted to Council. It mas subsequently approved and forwarded te the Governor where it mas received amd approved by the Virglnin.Higheny Safety Commission, Daring 1969 the major attention of the Roanoke HJghnay Safety Commission mas given to a study Of lmpentffng traffic safety legisla* tiaa and t~ collectJonof data mhich lead to the preparation nnd publication by the National Safety Council of:a High,ay 'Safety Pro- gram Analysis for Roanoke. Thin important document which was recieved in highway safety in'the City and mill provide the basis for out annual to the City, being absorbed by the Virginia Safety Division and received the full hearted support and cooperation of · large number of eunicip~&part~ents, civic and private agencies. Th~ report is the basis of the Highmay Safety Program which the Roanoke Hig~may Safety The Roanoke Highway Safety Commission baa sou§bt the advice and support of the various municipal agencies and departments with s traffic safety function in the preparation of this program and believes it will be or can be lmplemented~riag the next fiscal year within the normal resources of'the various departments and dividioa$ of the involved. · The Commission is not at this time recommending any increases or additions ia budgeted ~uuds for p~tpo~es of highway safety. However, it will direct its efforts toward the acquisition of additional state and federal funds for this important work. The annualtvagic toll in human life, lbjury and property damage from the motor vehicle continues high in Roanoke. The number of re- ported vehicle accidents went from 3043 in ]969 to 3197-in 1969. nn increase of S~. 'AII reasonable action must be taken to reverse this appalling trend. ' ' · The recommended program in Highway Safety for Roanoke which folloea ia baaed on the 1969 Highway Safety Program 'Analysis and primarily relates to those activities or safety standards associated with the Federal Highway Safety Act ofl96b. Activi- ties associated with those at&ndards implemented primarily at state level, such aa Vehicle Inspections. amd in which the/City included. * ORGANIZATION FOR YRAFFIC SAFETY IMpROvEMENT.. t. Roneote is unique ··d Strong i· orgkniaatf°n for tra~fl'c surety i· ti& it las the Roanoke Highway Safety Commission · nd the Roanoke Valley Safety CQ~cil each ·fth it~ sepa- rate a·d distinct function In %rnffJc safety ul~the bodies uorhing in full hnrmoey:and cooperation math each other. MOTORCYCLE. SAFETY 1. Roanoke supported legislation in .the General Assembly uhfch led te the pass·ge er · lam requiring the venting 2. The commission recommends that instruction in motorcycle driving be ~nducted in the public schools just ns soon ss practicable and that manuals, courses or instruction and , . othe~ aids to instruction be develqped on a state level. 3.'The Roanoke Valley Safety Council informs us.that in its public info,mutton programs it mill continue.to stress motorcycle safety. SCHOOL TRAFFIC SAFETY EDUCATION AND ADULT DRIVER EDUCATION 1. Up to the present time tho Ronooke Public Schools has not been able to implement au approved 1969 Federal Grant in Highway Safety applicable to driver education for drop- outs and adults. 2. The American Automobile Asnoc~atio~ through the Automobile Club of Virginia mom offers in Roanoke both Behind-The- fee and is cert~fied by tho State Hoard of Edcuntion for trainlog per,oas under iH yearn of age. CODES AND LAMS The Commission still recommends that the Roanoke Traffic Unde be brought up to date so ammo.parallel the Motor Vehicle Code of Vir~fa and more specifically to reflect changes adopted by tho State Legislature dar iv the past tmo sessions. To make this job easier, the ¥1rginin High~ way Safet~ Division ~as rural·ed the services of the Mashie Company to prepare a model truffle code applicable to nil the cities and towns in Virginia. The new code will be published iu loose leaf form so as to facilitate cban~e and can be ado~ ed by reference. It is understood this code will be made available sometime this summer. ~hen it becomes ~vailoble the UomulssiSn will bring it to your attention uith n further recommendation th~ it be referred to the City Attorney for study and report. TRAFFIC COURT 1. There'are a number of area~ ia ~hlch our municipal traffic courts and procedures do not conform uith the Federal standard. Many of these reforms requite implementation at state level through changes in exist hj law or neu lams. 2. The Commission recommends that greater use be made in Rom oke of tile traffic violators school (also kooun as safety School}. 3. The C~mmisston also recommends that advantage be taken of ~ = . . a Federal Highway Safety Grant available for the purpose of remodeling, furnishing, and equipping the municipal traffic court room in the immediate future. ALCOHOL IN RELATION TO HIGHWAY SAFETY I. The Commission recoumends supporting further chahges in the state statue concerning drunk dri~-ng to include lowering of the blood nlchhol .level from .1~ to .lO to coostitute drunk .driving arid that breath analyzer devices be permitted to teit drinking drivers without undue ~omplications in 2. ~he Roanoke Valley Safety Council mi'Il be requested in its public information programs to inform the I~blic about the nature and extent of alcohol involvement in traffic ecoa- applies to the use of drugs. 409 : 3. It ls grhtif~log to report tbot the Roanoke Police De~rt- moot In itc!rncrnit training progrsu is ~de~ustely present- ing lnfornotion ns recognition of alcohol or drug lapoir- -. - menu os ft affects driving nbllitl to iapr~re or better TRAFFIC RE~DBDS I. The Police ~eportibet reports coocideroble faproveoeot The Highucy. Sefetl Proofer Acnllsis Rut incomplete in aaiatoined nt the tire. The Virginia Hlghuc~ Sefetl ~ivi- uith the various localities. Regiunol workshops in the ns currentl! planned bl the Vir~Mia flighac~ Snfet~ Division. 2. The identification*cud surveillance of accident locutions Inciting. Additional tro//fc engineering personnel alii 1. The Hlghwa~ Safety Comuission finds the Rotor vehicle 2. A·other deflnle·cy im highuoy engine·flop applies to the reuov·l or replacement of traffic cbot~ole,~lighting fiB·- d·rdu ·od eJmfl·r.devices loc·ted in or odJscent to~he roa duay uhfch mill ·at bre·h ·u·y or yield ·pon fupoct from o vehicle.- This Is · p~oblem mhich mill require · leer tern sol·fig· due to coats fovolved. A related · problem involves protective device· mhereever fixed ob- Jects con ·of be moved or ~·lgued tO:jield. 3. Within the cfegory or traffic n·gineeri·g services Mooeohe meets many of the~requirements..,The major deficient iran i·solve· the prepsr~ Ion gad use of st·die· programs based on ·ccfdent.reports,.reloted.informetionu end other data usqf·l Ia the:accident red·etlon program. M~lle · coosldersbZe amoant of this infor-~ion end data Is collected and processe~ by consultants on · heed to knom and time to time basis, s·fficient personnel and o system of data collection, evaluation ·nd analysis needs be established on · ~ontfnuing bani· to neet,the requirement of this standard. PUBLIC INFORMATION 1, Tho Rounoke.ValleySafety.Co·ncil bas stated It will take full responsibility far,developing policy and objective· guiding its pulJJc Information program Jo traffic safety to coincide uitk the traffic safety program adopted by · Council and the initiative.to.implement same, PEDESTRIAN SAFETY ~ ..... Roanoke has no short comings In relation to the educational . aspects of pedestl~ai safety mhlch is taught in the public · schools and a.recurrent theme of public information. The Roanoke.Valley Safety Council ia very ounces·fsi in · obtaining the service· of the maas neus media available In the Roanoke Valley,. The Commission still feels any program of enforcement involving *Jay* ~alhing, pedestrl·ns crossin~ on red traffic signals, and drivers failing to yield to p~deutrianu in intersection· r~quires direction on a.regionai basis for the program to be effective. Thio leadership should be directed through.USe Virginia Highmay Safety Division, For tbls reason the C6mnJssion does not feel · local pedestrian ~afety.enforcement progrnu should uhore in this region ut the Same time. POLICE TRAFFIC SERVICES Tho Roanqke Police 5apartment Is amare of its deficiencies in traffic safety and proceeding with its training program uhich involves administrative and managerial ~ meal as oper= ational personnel, Deficiencies in the records system are expanded. DEBRIS, HAZARD CO~ROL AND CLEANUP First of all, Roanoke needs an ordinance placing responst- 51iity fur cleanap following on occident. Presently there is no lau on the b6oks applicable to occident cleanup. To comply math the Federal standard, Roanoke needs a formal debris, hazard control, and cleanup plan, This. plan should be kept correot and readily available for implementation by the dispatchers on duty in tbs communications center, Such · plan relates to theavailabtlity of certain equipment and. personnel. Trainingof involved personnel is · major need. The Virginia Division of Highmay Safety has stated it i.· In a position to lend assistance in the formulation and iuplementatLs~ of such a plan, The Commission has studied this pa~blem and believes the Director of Poblic Norks should be given the assignment of preparing and Your ~ommission looks to Council for the needed lead~rnhip, Respectfully submitted, ~/ James D~ Sink James D. Sink Chairman* Hr, Wheeler moved that the report be referred tot~* City #e·nger for study, tad report t~C~u~i~?'YiL~oti~a:k~k;lecoeded by M~. Li. sk. ·nd o~·nl.mousll adopted, M~. Llsk then m~ved that the city Clerk be.directed to trnnsuit o copy of the proposed City' of Ro.anoke Highway Safety Proemm rot lg?b to the Governor's Office for revleu. The motion mas seconded bl Mr. Tkhmes end unanimously ·dopted. TAXES-EOANO~E ~A$ CO#~A~q'~: Co~Jl havf~ referred t~ tb'e Clt~ ~ttornn~ and the City Au~it'or for study and report o ~eport or Fha Citl Manager advising that th~ diatribttcra ~f bottled ge· h·ve questioned beiog'required to Pal both the utility tax ·nd the ·ales. tax, the City Attar·ay and the City Audito;r. submitted ~e following report '·dvising th~ Council mel wish tn m·ke the provision that the loony utility service tax when ~pplied to the parch·se of bottled gas be imposed et the rate of 11~ tether than 15~os ne ell other utility services defined in the Retell Sales and Use Tax 'Ordinance: 'July 6, I~?0 ?be ~onoreble Meyer ·nd Members of Ronnoke City Council Roanoke, Virginia ~entlemeo: At the ~iug or.the Council held on June 8, 1970, the City Mnnager advised the Council of contacts made to him bl representatives of local firms engaged in the sole of bottled gus, mhich have pointed out the fact that purchasers of thel~ product are, in some instances, subject to p·yment of the local tax imposed on users of utility services and, also, to palment of the State Ret,~l Sales and Use ~ax, the former Uaw being imposed at the rnte of 15~ of the value paid for the service and the latter being fixed at the rate of 4~ of the retail sales price of the commoditl. The msU~r was referred to the ~oder~loned ~or stud~ and report to the Cou~il. At the outset, ue point out thate~cbof~chetaxes in q~estion is Imposed on th~ retail purch~r or consumer and not on the seller or supplier althouuh, in each case the seller or supplier of the service or couuoditl is required to collect and remit to the respective taxing · uthority the full amount of the tax so imposed. 8ouever, salem le~el, tan resultant effect is not, strlcil~ speakJo;, a case of double taxation, mince one tax is imposed b~ the State and the other'~ the localit7. YieMed tram the sttndpoint of the purchaser or c~nsumer of bottled transection, uhen the purchase of bottled ;as is made for the purpose; specified in Sec. 8, Ch·pier 3, T~e.YI or the Citl Code, nauell, to be used within the Cit~ Jar conking, heating, 'Oas refriger- ation and lighting. It Js ir=e, also, that the CltT~receives, under provisions,of the ;eneral la~, a portion o; the 4~ State Retail Sales amd ~se Tax uhJch is.imposed bi the State.. To that extent, some argument conceivubll mloht be advanced alamo the line or d~le taxation b~ the same taxing authority. Recentl7, and adhering to certain former assurances extended, the Council alloued to expire provisions of former ordinances which had, until June ~0, 1970. Juposed ~ e local utilit~ service tax at a 20~ 'rate. so that'the effective rate of that local taxbecame, on 3~1~ 1. 1970. and thereafter, !~ of the value paid for the utilit~ service. The total'of'Sta~e Sales Tax and of local utilitl tax non pal~ble b~ the purchaser of bottled gas, bought for the aforesaid uses, is 19~, rather than 24~ us uhen reported b~ the Cit7 Manager. It has been estimated that. without change of local provisions, opproximatell ~3,600.00 of revenueuould be derived b~ the Cit~ in the current fiscal lear from its utilitl service tax as ieposed on It ia sn0gested.b! the uaderaf~ied.th~, Ie order to aeke./full ellou- nece forLth~ftot that the 4~ Stat~ Retail Sale end Uae Tax In'lap,ned on the ps~ihnse oi b~ttged ga$.bot.not.~o She pure,ese of eleotrJe~ty, telephone, utter o~ Oas utility service, the C,buell sly nish ti nuke proviaieu~thnt the local utility service tax. uheu applied to the purchase of bottled Res. be Imposed at the rate of 11~, rather than IS~. us on eli other utility aervices defined in the local ordinance. Such night be done by aneideeut or sec. o. Chapter 3, Title ¥I, or the City Code, to provide us See. O. Settled Ret. The Virginia Reta~I Sales end ~se Tax bela, reposed.st the rnte of 4X on purchasers of bottled Rea, the tambpoaed in section 2 of this chapter ia hereby imposed end levied and shell apply to the purchase of bottled gun to be need dtbin the corporate limits for c,,kin0, heatinO. Res refriReratien ned llohtiao, but at the rote of eleven percent (11~) of the charon mede by the seller against :be purchaser uJth respect to such cousodlty, Respectfully. S/ J. N. Kincecon James N. Kiucaeon, City Attorney S/ J. Robert Thomas J. Robert Th,uae. City Auditor' Hr. Perkinson moved that Council COnCUr in the recommendation of the Attorney and the City Auditor and that the matter be referred to the City Attorney for preparation of the proper ueasure. The motion Nas seconded by Mr. Boswell end unanimously adopted. O~FINISHEfl BUSINESS: NONE. CONSIDERATION OF CLAINS; NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND BESOL~IONS: STREETS AND ALLE¥S~SALE OF PROPERTy: Ordinance No. lq243. discoctinuing and ¢losin~ the northuest portion of n 12-foot alley rnnning in a uorth~esterly-southeecterl! direction from ~empletoa Avenue to herin9 previously beet before Council for its first reading, read and laid over. mas again before the body. ~r, Wheeler offericg the follo~ing for itu second reading and final adoption: (~19243) AN ORDINANCE permanently vacating, discontinuing and closing t~ northuesterly potion of an alley in the City of Roanoke running generally in a north- westerly-southeasterly direction through Section O of the East Gate Addition, upon the delivery and recordation of a deed of conveyance of u contiguous strip of laud, 15 feet in width, for use as a public alley. ~ (For full text of Ordinance, see Ordinance Book No. 34, pare 375.) · Mr. Mheeler mSved the adoption of the Ordinance. The motion Was seconded by Mr. Link and adopted by the following vote: AYES: Messrs. Bosuell, Link. Perkinson, ~homas, and Nheeler .........5. NA~S: Mayor ~ebber ..................................................1. (Mr. Treat absent) . 4:1.3 Ia this connection, Ordinance No. 19244, authorizing the acquisition or approximately 900 squire feet or land on the southmost line of 20th Street. N. E** described os the easterly part of Lots 15, I&. and 17, Block O, East gate Addition, from #ri, Msrgie Smith 'Etter. ia consideration of the conveyance by the City of Roanoke to her of spproximnte l'y 775 square feet of adjacent land sitcst~ on the sout side of Lot 14, Block 9, East Gate Addition. hiving previously been before CouEil fo~ Its first reading, read lid laid over. uts again before ~ body, Mr, Thomas Offering the follomi-0 for its second reading and final adoption: ' (#19244) AN ORDINANCE authorizing the aeqilsitiOn of;oppxSximately 900 square feet of land on the southeast line of 20th Street, N. E., in consideration Of the Cityos conveyance of approximately ?~5 square feet of adjacent land situtte: on the south lJ~e of Lot 14, Block 8~ East Gate Addition. (For full text of Ordinance, se~ OrdinanCe Book No, 34, page 377.) Mr, Thomas moved the adoption of the Ordieonce. The motion was seconded by Mr, Mheeler and adopted by the following rote: AYES: Messrs. Boswell, Lick, Perkinson, Yhoms$ and Wheeler .......... NAYS: Mayor'Webber ..................................................]. (Mr. Y;out,ebsent) PARKS AND PLAYGROUNDS: Ordinance No. 1~247, accepting the bid of Harold A. Francisco for concession privileges to be exercised at Mas~na Park, having previ- on~ly been before the Council~ for its first reading, read and laid over, ~as again before the bod~, Mr. Thomas offering the following for its second reading and final adoption: (319247) AN ORDIZ~NCE accepting a bid for concession privileges to be 9xercised at Waseua Park and directing the execution of the requisite contract there- (For full text of Ordinance, see Ordinance Book No. 34, page ~70 .) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded ~y Mr, Wheeler and adopted by the following vote: AYES: Messrs. Boswell. Link. Perkinson, Thomm, Wheeler and Mayor Webber--~. ~AYS: N'one ............................................................... iMr. Trout absent) 'CAPITAL IMPROVEMENTS PRO~EAM~MUNICIPAL BUILDING: Council having directed he City Attorney to prepare'the proper measure authorizing and.empowering the City Innager to issue, for and on behalf of the City of Roanoke, a change order to the (#1925B} A RESOLUTION approving the City #eusgpr*s issuance of · Change Order In connection with the City's contr~ot for the conatructlon of the Municipal Building Annex. (For fwll text of Resolution, see Resolution Book No. 34, page 391 .) Hr. Link norad the udo~lon of the Resolution. The notion was seconded by Mr. Thomas nad adopted by the followlnR vote: AYES: Meusra. Link. Perklnson. Thomas. Nheeler and Mayor Rubber .......S. NAYS: Mr. Boswell .....................................................1. (Mr. Trout absent) LIBRARIES: Conrail having directed the City Attorney to prepare the proper weasure approving the per'anent transfer by the Roan~e Public Library Board t~ the Roanoke Fine Art· Center of the entire Francis N. Collins Collection of Medlterraeeam Artifacts. he presented saue~ uhereupon. Rt. Wheeler offered the following Resolution (~192S9} A RE~OLUTION approving the Library floer~s transfer of the Francis #. Collins Collectio~ of Mediterranean Artifacts to the Roanoke Fine Arts Center. (Fer fuji-text of Resolution. see Resolution Book No. 34. page 3B~) Mr. Rbeeler moved the adoption of the Resolu~on. The notion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Boswell. Lisk~ Pevkinson. Thoeus. Wheeler and Mayor Webber ........................................................................... 6. NAYS: None ............................................................O. (Rt. Trout absent) BUDGET~RECREATIO~ DEPARTMEnT-PARKS AND PLAYGROUNDS: Cottcil having divecte~ tau City Attorney to prepore the proper ~eaaure authorizing the construction by the City of Roanoke of a basketball court on a certain lot located on ~e south side of Moornon Road. N. W.. described as Official Tax No. 2110202° for the sum of $?BO.O~. upon certa'in ~onditions. 'he presented sane; whereupon. Rt. Thomas offered the follouin~ Resolution: (~19260) A RESO~UT~OH autborizin~ the City's construction of certoin neighborhood recreational facilities on property on Moorman Road. N. ~.. known os Official No. 2i10202o upon certain conditions. (For full text of Resolution. see Resolution Book No. 34. page 3B4.) Mr. Thomas moved the adoption of the Resolution. The wot~ was seconded by Rt. Wheeler and adopted b! the foliouinG vote: AYES: Messrs. Boswell° Link. Perkinson. Thomas. Wheeler and Mayor ~ehber-6 NAYS: ~one ............................................................... (~r. Trout absent) MOTIONS AND MISCELLANEOUS BUSXNESS: ACTS OF ACKNOWLEDGEBENT: Council having ad, ted a Resolution expressing apprecia~iou to Hr. Franklin Riles for the donation of a sonG uritten by him entitle 41§~ 'The Stir Upon Mill Moontsio# fo the City of Roanoke, Rr. Riles oppeared before the bhdy iud requested that funds be spproprlsted to orchestrate the song in order thlt it hly be ioitisted b! the Roonohe City Schools as a school song in the full of 1970~ Mr. List moved th t the mutter be referred to the City Sanager for study, report and recommendation to Council as to the cost involved. The motion nas second, ed by Ur. Per~inson lad unanimously adopted, flUDG£T-PARKS AND PLAYGROUNDS: Hr, Franhlio Riles appeared before Council and request that funds be appropriated for the cmstruction of a tennis court, m vollelball court, a basketball court and 8 mor~out shed in the Uurt Park area betneeo lhth Street and Salem Avenue. S. #. The City #anager advised Council ~that he has discussed this matter math Hr. Riles and that he has the pertinent information on file in his office. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST: Clerk ........ Mayor COUNCIL, REGULAR MEETING, Monday, July 13, 1970. The Conocil of the City of Roanoke met In regmlnr meeting ia the Conncil Chamber in the Municipal Building. Monday, July 13~ 1970o at 2 p.m** the regnlav meegng hour, ~lth Mayor Webber presiding. pRESENT: Councilmen John M. Boswell. David K. Lisk, Frank N. Perkinson, Jr.. Hampton M. Thomas. James O. Tront. Vincent S.. IFneeler and Mayor Roy L. Webber ...................... ?. ABSENT: None ..... O. OFFICERS PRESENT: Mr. Julian F. Hirst, City Manager. Mr. Byron E. Honer, Assistant City Manager, Mr. H. Ben Jones. Jr.. Assistant City Attorney. and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Noel C. Taylor. Councilman-Elect. MINUTES: Copy of the minutes of the regular meeting held on Monday, June 22, 1970, having been furnished each member of Council, on motion of Mr. Lisk, seconded by Mr. Perkinson aad~ unanimously adopted, the reading thereof was dispensed with end the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS~ CITY GOVERNMENT: Mr. William B. Pail, P~esident, The International Municipal Cooperation Committee of Roanoke, VirgJnia.'-lncorporated. appeared before Council and presented a communication from the Mayor o~ the City of Wonju. Morea, t( the Mayor of the City of Roanoke, Vivgini a, expressing oppreci arian for the visit Of Mr. and Mrs. Poff to Nonju under the Sister City Program. Mr. Poff also presented Mayor Webber with a hand painting and a vase with stand from the Mayor Of MonJu presented in commemoration of Roanoke Day which was celebrated in Mania on May 29, 1970. Mayor Webber expressed appreciation to the Mayor of Mouju for the gifts presented him in commemoration of Roanohe Day and also expressed appreciation to both Mr. Poff and the members of his Committee for the work done in connection with the Sister C~ y Program and expressed the opinion that the work done by the Committee bas helped further the relationship between the Ci}y of Roanoke and the City of Ionia. PERSONNEL DEPARTMENT: Mr. R. I. Akers, Business Manager, Public Service Employees Local Union No. 1251, appeared before Council and advised that two city employees in the Sanitation Department who were fired appealed to the Personnel Board, which has recommended that one of the men be reinstated to h~ previous position of Equipment Operator I and that the other employee be reinstated as a Laborer II, but'that the final decision ia in the hands of the City Manager and, in his opinion, usurps the function of the [~sonnel Board, Mr. Akers recommending that m the men be put back to mark immediately° that they be given the same Jobs they mere origin~lly assigned with the same rate of pay and that they be compensated for time lost from mork. mhich agues completely under the Jurisdiction of theClty Manager and that the City Manager is the final authority un matters of this natmre. Mr. Faeeler then moved that the matter be referred ~o the City Manager fur study, report and recommendation to Council. The motion was seconded by Hr. Boswell and unanimously adopted. In a further discussion of the setter, Mr. Link expressed the opinion that the Personnel Board is not serving a useful purpose if its recommendations are not being followed by the City Manager and that the Board should be Investigated as ~ ItS feasibility. in reply to the statement made by Mr. Lisk, the City Manager advised that it is his opinion the Personnel Board serves a very useful purpose and that he has a great deal of faith in the recommendations made by said Board, After a rather lengthy discussion of the matter, Mr. Link moved that the question Of whether any changes should be made in present personnel procedures be referred to the City Manager for study, report and recommendation to Council, The motion was seconded by Mr. Thomas and adopted, Mayor Webber voting no. PETITIONS AND COMMUNICATIONS: BUBGET-SCB00LS: A communication from the Roanoke City School Board, requeating certain reappropriations for balances as of Jute 30, 1970, for various federal and 9rant programs still in existence and requestin9 that $22,000.00 be appropriated ~o Personal Services under Sectioo m64000, '~he Civil Rights Act of 1964,* of the 1970-71 budget, to proride funds for the employment of a Coordinator of Buman Relations and a secretary, said amount to be 100% reimbursed from federal funds, was before Council. Mr. Link moved that Council concur in the requests of the Roanoke City School Board and offered the folloming emergency Ordil~ce: (m19261) AN ORDINANCE to amend and reord aim certain sections of the 1970=71 Appropriation Ordinacce, and providing for an emergency. (For full text of Ordinance,see Ordinance Book No. 34 Page 387 . Mr. Link moved the adoption of the Ordinance. The motion was seconded b; Mr. Perkiuson and adopted by the following vote: AYES: Messrs, Boswell, Link, Ferkinson, Thomas, Trout, Wheeler and Mayor Nebber .................... 7. NAYS: None ...........O. SCHOOl.S-STREETS AND ALLEYS: A communication from Mr. A. T. Loyd, Attorney, representing Maury L. Strauss and Sheila S. Strauss, c~ne rs of proper~ adjacent to the Millias Ruffner Junior Bi~ School in Roanoke County, requesting :417. that the City of Roosoke dedicate · 25-foot strip of land from the rear of the school ~roperty from ~erncliff Avenue. N. N., for a distance of approximately 795.08 feet In order that ir. sad Mrs. Strauss may build a 60-foot service road to ss apartment complex to be erected on their land, mos before ConncJl. Mr. Mheeler moved that the matter be referred to the City Planning Cnemission ~sd the City Manager for study, report and recommendation to Council, the City Attorney to prep'are the proper measure in accordance uith their recommendu. tiaa. The motion UBS seconded by Mr. Thomas and unanimously adopted. RUUGEToHUSTI~GS COURT: A communication from Mr. C. P. Miller, Jr., Assistant Comptroller for the Commonwealth of Virginia. advising that the part of the salary of the Judge of the'Hustings Court apportioned to the City of Roanoke for the fiscal year July 1, 1970, through June 30, 1971, is $11,000.00, was before Council. Mr. Thomas moved that the commneJcatJon be referred to the City Auditor for necessary action. The motion m~s seconded by #F. Trout and unanimously adopted. BUDGET-LAM AND CHANCELS' COURT: A communication from Mr. C. P. Miller. Jr., Assistant Comptroller for the Commonmealth of Yirginia. advising that the part of the salary of the Judge of the Law and Chancery Court apportioned to the City of Roanoke for the fiscal year Jnly 1, 1970, through June 30. lq?l, is $1i.000o00, was before Council. Mr. Thomas moved ~hat the commnnlcatlon be referred to the Clay Auditor for necessary action. The motion was seconded by Mr. Trout and unanimously adopted BUDGET-CIRCUIT COURT: A communication from Mr. C. P. Miller, Jr., Assistant Comptroller for the Commonwealth of Virginia, advising that the part of the shlaries of the two Judges o f the Circuit Court apportioned to the cia y of Roanoke for the fiscal year July 1, 1q70, through June 30, lgYl, is $13,453.28, was before Council. Mr. Thomas ~oved that the communication be referred to the City Auditor for necessary action. The motion was seconded by Mr.Troht and unanimously adopted. REPORTS OF OFFICERS: STREETS ANO ALLEYS-HOUSING-SLUM CLEARANCE-PLANNInG: The City Manager submitted a written report in connection with a petition signed by seven property owners in the first block of McDowell Avenue, N. M., requesting that the street be paved and that abandoned homes in the block be razed, advising that the street has been resurfaced and that the abandoned homes within the block are already listed in the records of the Building Commissioner and will be subject to razing after due process which has' already commen~ed and subject to the availability of funds. Mr. h~eeler moved that the re~rt be received and filed. The motion was seconded by Hr. Lisk and unanimously adopted. GARHAGEREBOVAL: The City Manager s~bmitted the folloming report in connection with future landfill operations: ii Roanoke. Ylrglelo, July 13, 19TO ~onorable~#~yor.isd City CsuociJ Roanoke, Virginia . Oestleue~: ' ' . As the Clty.Couscil ia aware, we have only very limited time reeainfig bef6relwe will bate completely used tbs landfill site on Tloker'Creek, south of Dale Avenne~ We ore now in the process of o secand.ls~er al this location aback is working out nstisfactorJiy bet,which ia limited.in volnwe. It hnd been- anticipated that we wigkT be~sble to go into'September 0r early October it this il~e bu~ ia'doss not appear that there will.be lbis much time. However, we have bees able To put wore refuse volume into the area than had be~s originally anticipated. is simply a maTTer of conspicuous continuing increase in the rmouut of refuse being disposed of from The City and hauled to the site both b7 City eqqfpmeut and private vhhlcles. The agreement with the private property owners aa the South side of Dale Avenue, west of The railroad wherein the City has been obtaining dirt for cover material, has been highly bene- ficial nad has greatly reduced the cost of the Tinker Creek operation in comparison with other long haul dirt arrangements that .ere previonsly involved. The dirt supply ut this loca- tion, however, is considered to representabout three to four remaioing .eeks. As the City Council instructed, we have meredith r~presenta- tires of the County nt the Dixie Caverns site used by the County for their disposal. It is believed, up to this point, that some generally reesonoble arrangements can be marked out for a Joint operation and we are continuing negotiations. Our concerns wJtb respect to Dixie Caverns continue Jn the ho~e that shoo]d the City participate In its use that the total area be operated under established landfill principles and with the. wish that Roanoke County would not limit the City to this ~s The only usable site outside of the City liml~ . The key problem, however, on Dixie Caverns, as it was ~ th Brushy Mountain and most other distant considered sites, was and is the motley of distance. This necessitates, as City Cound I is well aware, a transfer sta- tion. A great deal of study has been 9ivan to this and to the matter of adapting the incinerator to a transfer station. We have had two local engineering/architectural firms review this proposition, go over the Public Marks Departments ideas in de- tail and submit proposals to mr-on the conduct of studies and prepnretlon of'plans and specifications. ~e both Jnstnnces I have been somemhat disturbed as to the firms' projection of the cost of conversion and the engineering/architectural fees involved. These are in excess of what we had anticipated. A significant segment of the cost is assignable to the fact that tbisls a conversion of a structure rather than ihe building of a completely new facility. It is also suspected that o'share of the cost nny lie in what might be best termed ss a caution on the part of architects or engineers to become involved in a redesign of the City's incinerator. · e have already ~ommeoded reviewing with the firms their proposals to see if There Is any way in mhich their propositions can be broogbt down to ~Jgures closer to what we might anticipate should be spent on such a facility. Over all of this is the continued feeling that the incinerator site represents the most desirable location to the City for a main transfer station, all factors considered. The transfer station is though going to represent time and any reasonable shift of operations to Dixie Caverns or to any other distant location most, of necessity, be geared to such a facility. In the meantime four opportunities h~ developed within the last couple of months that it Is felt merit being followed up and given serious consideration. The first of these ]s that at the*south end of the Dele Avenue land fill site there is an embankment =long the Norfolk and Western property just north of the N G M bridge over Tinker Creek. This is ~'419 part of the prope~ly that the City ia acquiring f~om the & W, We'hhve,~homeWer~'beeu restricted from using dirt out of this e~ba~hn6nt~b~ause of the existence oa'lt~f communication lines of the N ~W, ~Tbe eubuukmeut conciliates approximately 14,361 cubic yards of~cave~ muteri~l which would be very desirable for finishing up both the Dale Avenue end the Wise Avea~ landfill sites us well as for use .in the second proposition which i~ later described. The use of this embankment bas been reviewed with Norfolk and Western Engineering Department'who ba~e submit- ted n /et:er Indicating'their ~illingness to'grant p~rmia- sion to the City to enter onto the~ property for the purple of this excavation. The conditions of their letter are fairly standard. There la, however, involved the necessity of the relocation or their pole line'facilities which they estimate the cost to be $4o150. ~lth this Agenda letter, I attach a map of the general area end the matters involved and on which there will be noted the general location of the embankment. It is felt that thin expenditure would be Justified and that it could he assigned for refuse disposal out of bond funds. It would be recommended the preparation by the City Attorney of appropriate agreement and authorization for its execution after it has been submitted to the City Council. The second matter relates to property of Wells Furniture Company. As mill be noted on the attached drawing the site of this company is generally southwest of the Dale Avenue landfill area. The officials of the company have been most cooperative in expressing an interest in working with the City in permitting the use of a large portion o~ their property for 13~dffll purposes. There Is considered to be approximately IS acres that would be available and usable to the east and south of their main plant and extending some 2,100 feet in length along the Norfolk and Western tracks. There could be an average fill depth of seven feet and an estimated operation time of one year. ~his is Iow level land. The advantage to the City is in a close by site. reasohobly usable. The advantage to the furniture company is in their recognition that landfill operation produces usable land and they would anticip~e expending their storage yards onto this area once it was filled. The company would ma~e no charge to the City for the use of the property. The main.problem is the handling of drainage which now runs across the property in several dinctions. Studies indi- cate that this con'be taken care of by installing adequate size drainage lines and sufficient catch basins that mould pick up drainage from their plant which now runs into the low areas in question. It is estimated that the cost of these drainage lines would approximate $10,000. These installations can be handled by our Ctty personnel. There is also some excellent fill material on the property which the cumpany is agreeable to be used. The area is considered to be sufficiently isolated that there would not be justification for objections from residential properties. It is, as stated, low in elevation and there is some, standing water on it but this can be accommodated by a slightly different method of operation end by drainage lines both of which should combine to produce a rea- sonable good landfill site plus producing usable property. A draft of an agreement has been prepared administratively which is generally agreed to by the management of the company. It would be recommended that the City Council generally pr~,e this idea and that the City Attorney be asked to review the agreemeot in joint consultation with the Attorney for lulls Furniture Company. The third aspect of this overall matter is a proposal of a ~ource for cover material. On t~ north side of Dale Avenue cent to the N ~ W tracks, there is some rugged land owned by the 4 2.11, City but of e* pr~c~lC'Sl:hse ·p to the present'time. The hill · aouree or'dirt and when leveled would provide expeoslon oreo for Fallon Pork hod mould considerably improve the. overall oppesrwnce of that lwuedlate area. For lo*drill purposes iud finiihlng out the Tinker Creek oreo as well os going to the and con be handled on a· economic·! basis. lt'woulh bi fee*amended that the City Coa~cil'a permission be extended to using this area for the stated porpose~ The fourth portion of tbJs matter is tk~ it would be in- tended that access for refuse equipment, as well'as toe more- meat of'dirt,-to the Mells Furniture property be by movement off e! Mine Avenue, ·long Tinter Creek, under Dale Avenue or orr of Dale Avenue ·nd tb~n both directions combined end move down the present. Dole Avenue landfill site to the soukh end of that property, thence under the trussel of the N & ~ over Tinter Creek and into the Rails Furniture property. Surveys of the roadmay under the trussel ore *ow io progress and dependent upon what uigh~ be deyeloped mJth the N & M it mould be anticipated that should they require · document that this ~articlpar point would be returned to City Cemcll ~or approval. Re mill ~e ~ ;d to supplement the'above proposal by COme meats and any additional information that the City Council night desire. Respectfully submitted, S/ Julian F. Hirst Julian F. HOrst City Manager" After a rather lengthy discussion of the Batter. Or. Link moved that Coanctl concur in the recommendations of the Ci~ Manager ~nd'thot the Batter be referred to the City ~toroey for preparation of the proper measure. The motto* was seconded by Mr. Trout and unanimously adopted. APPOINTMENTS AND RESIGNATIONS-CITY ENGINEER~ The City Ranager submitted a written report advising that #r. James D. Sink. Traffic Engineering end Communications Superintendent, has been designated ss Acting Director of Public Marks effective July 6, 1970, through July 30, 1970. Mr. Perkinsdn moved that the report he received and filed. The motion was seconded by Mr. Link and un~ni~ously adopted. WATER DEPARTMENT: The Cit~ Manager submitted a written report transmit- ting the final plans and specifications for the Catawba Creek Tunnel Project and advising that he mould like to,advertise for bids on the project to be received before Council on Aagust 24, 1970. Mr. Mbeeler moved that Council concur in the report of t~ City Manager. The notion was seconded by Mr. Trak and unanimously adopted. ZONING: Council havlrzj referred to the City Attorney f~r study, r~port and recommendation the request of Mr. C. Richard Cranmell, Attorney, that the time for obtaining a certificate of occupancy for o non-conforming use be extended until September 1, lg70~ In order that Mr. G. L. Ca=mings may continue to operate a coal yard on property owned by Yinton Fuel Company, Incorporated, at 1701 Roanoke Avenue. S, M., the Assistant City Attorney submitted the following re~rt of the City Attorney recommending that the mhole question of the issuance Of certificates of Occupancy for non-conforming uses be referred to the City Plannin9 Commission for study and recommendation: 'July 13, 1~70 The Honorable #oyor nnd eembers of Roanoke Git7 Cooncil Roanoke, Virginia At the Cocmcll meetieg Of July 6,-1970, ibe-'reqoest of-C/ Richard Cranmell, attorney ret ¥ieton Fuel Company, Inc** requesting ~n extension of time rHr Obthinlng~i'eertlficnte at occupancy under Se~tioe;'49'of th~ City's-Zoning Ordinance No procedure; is presently prescribed byordinnnce mhl~ permits or the cHntlnunnce of 8'pre~existJng nonconforming use of land for mhich no certificate of occup'nncy bas'here- tofore been Issued, either by CoJncJl, b7 tlc Board of Zoning Appeals or by the Building Commissioner. Council mill recall that the time for applying for certifi- cates of occupancy for nonconforming uses'has been extended by the Council some six times by eesolutfon No. 17283, which extended the time rot application from Hovember 20, 1966 to February 28, 1957; No. 17775. which exteadbd subh time from October 9, 1957, to January 1, 196H; Ho. 10304. wbJcb extended sncb time from August 26, 1960, to December 1, 1960; No, 18403, which extended such time from December 16. 1960, to Harcb 1, 1969; No. IHHYl, which extended such time from September 2, 1969. to September IS, 1969; and No. 19026, which extended such time from January 19, 1970, to February 3, 1970. Furthermore, on June 29, 1970. the Council. by Resolution NO. 19252, authorized the issuance of a single permit to authorize the continuance of nonconforming use of a portion of.the premises located at 311 16th Street, S. N., on the application of Mr. Job H. I~heby. The subject.property umned by Yinton Fuel Company, Inc.. and leased to Hr. G. L. Cummings, consists of a 1.70 acre parcel of land located on the north side of Hoannke'Arenue, southerly line of the Norfolk ~ ~estern Railway Company's belt line. it is presently zoned RG-I, General Residential District and a portion of said property has been utilized for a period of. reportedly, thirty to sixty years as a yard for the storage of coal. This property was the s'ubJect of aa application for a retorting from its present RG-I, General Residential District.status to HR, Heavy Manufacturing District, such application having been on the Council Agenda of July 2g, lg&H. The application was ~eferred to the Planning Commission, mhJch Commission recommended denial of such request and such*request' was formally' denied by the Council after a public hearing on September 9, 19~H. At the public hearings before Ll~Planning Commission and the Council, a petition mas presented by some twenty-nine property owners on Roanoke Avenue, S.. ~', mhicb petitinn opposed the *operation of a coal or fuel company on the said property in a residential area** The undersigned is advised that the type of nonconforming use presently carried on upon the subject property is an open-air use, which type of use must, under the provisions of Section 39 of the Zoning Ordinance, be discontinued On or before A~5~st 29/ 1971. In view of the above and in accordance with the Council's direc- tive, the undersigned recommends the folloming alternatives to the request of the applicatt: (n) Maintain the present procedure and deny the request for the extension of time within which an applicant might apply for a certificate of occupancy (b) Repeal that portion of Section 49 of the Zoning Ordinance which requires application'for a certificate~ be made within three months from the date of the adop- tion of the 1~66 Zoning Ordinance, as SUCh time has been extended by the Council; lc). Zxtcnd:geaerolir. the,tJlee~or ~ eddJtJouui stated period, within mhlch Persoms wniutaluleg nonconforming uses wight make application to the Building Cowmissinner for certificates of occupancy; nnd (d) Ameud the Zoning OFdlnnnce so. os to provide that the Board of Zoning Appeals wight direct the making application therefor, either with or with- on? 0 public hearing prior to such~euthoriastion. In view of the recurring nnture o! this problem, I would re- comuend that this whole matter be referred to the Plsnofng Commission ~r professional study nad reccmmendntioa~nu mut- ter what might be the Council's desires in the matter of the application of the Vlnton Fuel Company, loc. Eespectfelly, $/ H. Ben Japes rot J. N, Klncnuon" BF. Thomas moved that Council concur in the recommendation of the City Attorney and that the matter he referred to the City Planning Commission for stud! adopted. sppeored before the body and advised that the coal yard is presently being opernted illegally under the terms of the Zoning Ordinance. Mr. Trout then noted that the City Yunager be instructed to ascertuJn whether the present operation of the'coal yard nt 1701 Roanoke Avenue. S. N,, is legal under the existing Zoning ~rdfnance. The motion was seco~l ed by Hr. Llsk and unanimously adopted, ,, AXRPORT: Council having adopted un Ordinance accepting the proposal at Hodges Lumber Corporation for the reconstruction of the ramp at Hangars 11 and 1~ ut Roanoke Mnnicipal (Moodrum) Airport. for the sum of $3~,~0g.~2,' the City Auditor submitted a written report advising that the $30,309.22 was appropriated in the 19~g~70 fiscal year ~udget, that the contract was outstanding and no payments had been made ~reon ns of Suoe 30, 1~70, and reqL[~tfng that the $30,309.22 be reappro- prl~ed to the i970-?1 fiscal year budget. Mr. Mheeler moved that Conncil concur in the request of the City Auditor and offered the following emergency Ordinance: . (c19252) A~ ORDINANCE to amend and reorduin Sectio.n 309, *Transfers to Capital Improvement Fu~d,*'of the 1970-71 ~pproprintfon Ordiuance,.and providing (For full text of Ordinance. se~ Ordinance Book No. 34 , Page 3~B .) Mr. Mheeler moved the adoption Of the Ordinance. The motion Mas seconded by Mr. Llsk and adopted by the folluwing rote: Mayor Mebber .................. 7. NAYS: None .......... Oo BUDGET-STATE CORPENSATION BOARD-LEGZSLATIONt Coxacll bevisg referred to Samuel A. Garrison, III, Comm~nuealthOs Attorney, advising that certain requested appropriations for Travel Expense. Educetion. Dues, #embershJps end Subscriptions mere deleted from his 1970-71 budget sad requesting thee meld appropriations be restored, the City Auditor eubmitted the foil,ming report advising that the Stet, 'July 9. 1970 signed for analysis and report of a communication from the Travel Expense - Requested $200.00 Allowed by Council 120.00' Education - Requested $ 40.00 Dues, Remberships 6 Subscriptions -Requested $370.00 Allowed by S tare - 0 - Allowed by Council - O - of Revenue. 425: Respectfully submitted, S! J. Robert Thomas, City Auditor' Mr. P~rkiasoa moved that Council concur in the report Of the City Auditor and off'red the following emergency Ordinance appropriating $258.00 to Dues, #embershl~s u~d Subscriptions under Section m22, 'Commonwealth's Attorney,' to provide fund~ fo~ law boobs and periodicals: (m19263) ~ OBD1NANCE to stead and reorduJo Section* u22. 'Commoamealtb*s Attorney.' of th~ 1970-?1 Appropriation Ordinance, and provldl*ng for an (For full tekt of Ordinance. see Ordinance HOok ~o. 34 , Page 3 86.) Hr. Perkinsoo moved the adoption of t~e Ordin~ce. The motion was seconded by Hr. Thomas and adopted by the folloming vote: AYES: He~srs. Boswell, Llsk', Perkinson. Thomas,Trout, Wheeler and Mnyor Rebber ...... L ........... ?. NAYS: None .......... O. Mr. Perkinson then moved that the question ~f unending the Code of Virginia to require the State Compensation Hoard to share fo all necessary expenses for the operation of constitutional offices.be referred to a committee composed of Ressrs. James N. Kincanon, Chairman, David ~. Lisk and Vincent S. Rheeler for study, report and recommendation to Council. ~he motion nas seconded by Nv. Lisk and unanimously adopted. AUDITS: The City Auditor submitted a financial report of the City of Roanoke for the month of June, 1970. Hr. lrout moved that the report be received and filed. ~he motion uss seconded by RT. Perkinson and unanimously adopted. In thls connection, ~he City Manager submitted the following report advising that at the present time there is $1,175,000.0~ available tn General Capital Improvement Projects and listing ten Items ~hich shoul~ he given top priority: 'Roanoke, Virginia July 13, 1970 Honorable Mayor and City Council Roanoke. Virginia Gentlemen: I an advised by Mr. Thomas. Ci~ Auditor. that there is available at the present time within the general fund for appropriation the amount of $1,175,000.00. I refer to a de- tailed report dated April 22, 1970,-amd entitled ~General Capital Improvement Projects' which provided the City Council mJtb the status of funded Capital Improvement projects includ- ing those under the 1966 and 1967 bo~d referendums. ~his report projected a requirement of an estimated $2,R74.465 as needed to supplement the total program based on best determinations as of that date. Assignment of the advised $1.175.000.00 to the Capital Improvement program sould, in my Judgment, be best made on the follombg basis: 1. Airport Runmq and Tnxlmay 33 Second Slreet Drnin 3. Somero~ Street Drain 4. Civic Center S. Washington Park 6. Wunlcipal Facilities 7. Main Fire Station B. Northmest Fire Station 9. Route 460 (Orange Avenue) lO. loth Street Total explanation: $ 260.00 9.000.00 41.000.00 90.000.00 2.200,00 369.800.00 75°000.00 50.000,00 150.000.00 12BtO00.O0 $1~17S.000.00 Airport Runway and Taximay 33 is a new project involving the conatructlon of overlay on the rnnmoy. This is the south end of the north- south runmay which mas the matter of, several improvement repair Jobs in the past year. 2 ~ 3. Second Street drain and Somerset Street drain are both supplementary funds estimated to be seeded, 4. Civic Center funds will cover some items of equipment to be provided before opening the facility, These are not calculated to require the full $90,000.00 but what difference re- mains mill afford very minimum funds for ex- ploring of necessary additional parking and access routes. 5. Washington Park is supplementary money to acquire the lot in the southeast corner of the park. 6. Municipal Facilities. Inclusion would be avai- lable for several definite or possible purposes including work in the Reid and Cutshall building to enable Shifting operations to that structure; supplementary funds for remodeling'the court house, including the jail; and funds for any * projected major revisions in municipal facilities including, but not limited to, school administra- tion. 7.8.9 ~ 10. These are supplementary funds to available appro- priations for the main and northmest fire sta- tions aad the U. S. Ro~te 460 and Tenth Street projects. Needless to say there are many alternative desires for the allocation of funds as are advised to be available. Respectfully submitted. S/ Julian F. Hirst Julian F. Hirst City Wanager" .. Later during the meeting, Mr, Llsk moved that Council concur in the recommendations of the City Manager and offered the following emergency Ordinance amending and reordalning Section =or, *Transfers to Capital lmprovemen~ Fund** of the 1970-71 budget: il (s19264) AN ORDINANCE to amend and rebrdafn Section eR9, 'Transfers to Capital improvement Fund.' of tke 1970-71Ap~ro~rfitl~n O~dinence, and providing (For full' text of ordinance. ~s~e ~rdinance Book No. 34 , Page 369 Mr. Link norad the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the' following vote: "' ' ' AYES: Messrs. Boswell, Lisk, Perkins.n, Thomas, Trd~t,. Wheeler and Major Mebber-; ................ ?. NAYS: None ......... O. ' ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request Of the Ebenezer African Beth.dis. Episcopal Church that property l~cated on the east side of Lafiyette Boulevard, between Lafayette Boulevard and Cove Road, N. N., described as Lot 4, Block lB, Villa Height. Official Tax Nos.' 245~201 - 2450203; inclUSive, berezoned from RS-3. Single-Family Residential District. toC-l, Office and Institutional District the City Planning Commission submitted a written report recommending that the request be denied. In this connection, a petition signed by 39 residents in'the vicinity of Lafayette Boulevard and Cove Road. N. M.. objecting to the requested rezoni~ was al before the body. Council haydno been advised by Mr. Robert S. Allison. Chairman of the Board of Trustees of the Ebenezer African Methodist Episcopal Church. that a public hearing on the matter is desired. Mr. Link moved that a public hearing on the reques for fez.nih9 be held at 2:00 p.m.. Monday, August 10,,1970. The motion mas se- conded by Mr. Trout and u~nimously adopted. Mr. Thomas then moved that action On the petition be deferred until the public hearing. The motion mas seconded by Mr. Link and unanimously adopted. ZONING: Council having referred to the City Planning Commission for property located on the southmesterly side of Crystal Spring Avenue. S. at McClnnaban Street. described as Lots lg and.2,. Block 49. Map of Crystal ~ing Land Company. Official Tax Nos. 1050510 and 1050511. be Fez,ned from C-l. Office and Institutional District. to C-2. General Commercial District. the City Planning Commission submitted the following reportrecommending that the request be denied: "July 2, 1970. The Honorable Roy L. Mebber. Mayor and Members of City Council Roanoke. Virginia The above cited request was considered by the City Planning Commission at its regular meeting of July 1. 1970. '427 Br. pluahet~,,attorlelfor.the.petiti~er~e~peured.~e- fore the Planning C0~mJssioa'~nd stated that~the petitioner proposes to ooanert.hif existing eontractJng~fira (Eugleby Rlec'trlcYinto n fl~rlfl' shop (Dove Flomers.) He' noted that exterior or the existing structure end very little change is the interior layout. Also ,'he noted that the proposed use would be coup'attbl'e with the general area (75 to 65~ of the business' mould be by telephone.) . ', -.~ * ,, ~ · The Planning Director outed that the florist shop per se . would not be a detrlueat to the commusit~o but the C-2 zoning beneficial ~nd some det'riwentel to the surrounding-community. Consequently, he stated'that the special ~nception route NFo Ruby H. Patrick,.'Jro, omner ut Dove Florist eotedo that the proposed use would eot be · detriment to the comeunJty; did not certainly wont to offend anybody. Hr. C~ulter. a local resident, stated that he spoke for all the adjoining landowners in opposing this rezonlng requ~t. He stated that this rezooing'request constituted ·pot zoning and would open the door to a service station Ipcating here in the future and, in addition', the petitioned use was not in keeping with the spirit of the Zoning Ordinance. Also, he noted that it was requests of this natbre that were resulting tn shifts the population resulting In the depopulation of the City. Hr. #anon. a member of FIrst Presbyterian Church, ~tated that he uae opposed to the tenon!n! request because of the deleterious e~ects o~ a C-2 zoning des~gnation on the church Mr. Cearba~t, ~ member of th~ F~rst Presbyterian Church. noted that he was not objecting to the florist shop locating here, but rather the objection centered on the C-2 zoning de- signation and the wide variet~ of uses permitted within this Hr. 3amisooo a long-tine member of the First Presbyterian ChuTch~ also noted that be was opposed to this retorting request because ut its potentially adverse effect on the church. "Accordingly. notion ~ made, duly s~0nded and unanimously approved recommending to City Councilthat this request be denied. Sincerely. 5/ John H. Pnrrott' .. ~ by LM John H. Parrott Attorney, representing the petitioner, advising thut his client ntshes to the request for rezoning ~as ~lso before the body. Mr. Trout moved that Council concur in the request of the petitione~ nnd that the request for rezonlng be mftbdramn. The motion was seconded by Mr. Llsk and unanimously adopted. REPORTS OF COMMITTEES: NON£. CONSIDERATION OF CLAIMS: NONK. INTRODUCTION AND CONSXDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Ordinance No. 19256, authorizing and providing for the leasi~ by the City of Roanoke to Piedmont Aviation. Incorporated, of the air car9o buildin and adjacent outside space at Roanoke Municipal (~oodrnm) Airport for a term of ten 429' its first rending, reid sad laid over, us again b~fore the body, Mr. Wheeler offering the following for its second ~eodiog and final adoption: (e1925&) AN ORdINAnCE authorizing sad providing for the City's lease of the Air Cargo Building end certain adjacent outside space at Boonoke Municipal Airport to ~ednont Aviation, Inc.. for · term of ten years, upon certain terms end conditions. (For full text ar Ordinance, see Ordinance Boot No. 34. Page 365.) Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Lfsh end adopted by the following vote: AYES: Messrs. Boswell, List, Perkinsoh, Thomas. Trout. Wheeler and Hayer Webber .................. NAYS: None ...... ~--0~ AIRPORT: Ordinance No. 19257, accepting the proposal of Frnntz Flying Service. Incorporated, for operating under a lease from the City of Roanoke the aviation fuel service business and.related services'at Boanohe Municipal (Woodrnm) Airport until August 31. 1971. herin; pr~'viously been before Council for it s first reading, read and laid over, mos again before the body, Mr. h~eeler offering the following for frs second reading and final adoption: (~1925T) A~ OIfl]INANCE accepting the proposal of Frantz Flying Service, Inc., for operating under u lease from the Cit~ of Roanoke the aviation fuel service business and certain'related services et Noanohe #unicipol (Wo'odrum) Airport until August 31, 1971, upon c attain terms and c~itions; authorizing the proper Cit; officials to execute a requisite contract; and rejecting all c~er bids. (For full text of Ordinance. see Ordinance Book No. 34 . Page 395 .) fir. ~heeler moved the adoption a f the Ord induce. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Boswell. Li'st. Perkin$~n. ThomaS. Trout. Wheeler and Mayor Webber .................. 7. NAYS: None .......... O. BUDOET-COUNCXL~RUNICXPAL BU~LDIN~ *Council havin~directed the City Attorne~ to prepare the proper measure relating to the installation of a sound system in the Council Chamber in the new Municipal Building Annex, he presented same; whereupon. Mr. Lish offered the following Resolution: (~19265) A EESOLL~FION relating to the installation of a certain sound system in the Council Chamber of the Wnolcipal Building Annex. (For full text of Resolution, see Resolution Root No. 34 , Page 389 .) · Mr. Lish moved thc adoptioo of the Resolution. The motion ~as seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Boswell. Link. Perhinson, Thomas. Trout, Wheeler and Mayor Webber .................. 7. NAYS: None .......... In this connection, Hr. Link then offered the follomtng emergency OrdJnanm approprhting $4,800.00 to provide funds for said sound system: (x19266) AN ORDINANCE to amend and reordain Section sag, 'Transfers to capital Improvement Fund,' of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 34 o page .390 .) Hr. Lish moved the adoption of the Ordinance. The motion mas seco~ ed by Hr. Thomas and adopted by the following vote: AYES: Wessrs. Roswell, Link, Perhinson, Thomas, Trout, );heeler end Uayor Webber ..................... 7. NAYS: None ............ O. TAXES-ROA~0~E GAS CORPANY: CouncJ! having .directed the City Attorney to prepare the proper measure amending and reordaining Section 6, Bottled gas. Chapter 3, ~tflity Service Tax, Title ¥I, Taxation, of The Code of the City of Roanoke. 1956, imposing and fixing the rate of tax to be paid by purchasers of bottled gas furnished in the city on and after August 1, 1970, he presented same; whereupon, Mr. k~eeler moved that the following Ordinance be placed upon its first reading: (elg2$?) AN ORDINANCE to amend and reordain Sec. 8. Bottled gas, of Chapter 3. Utility Service Tax. Title VI. Taxation, of The Code of the City of Roanoke. 1956, imp~ lug and fixing the rate of tax to be paid by purchasers of bottled gas furnished in the City on and after August l. 1970; and providing for the publication of this ordinance and for the effective date thereof. h~E~EAS, the Council deems i~ advisable and equitable to decrease by four percent, (4~). the rate Of excise tax imposed upon pu%chase~s of bottled gas in the City as provided in Sec. 8., Chapte? 3,. Title VI of The Code of the City Of Roanoke. 19§6. thereafter and commencing on August 1, 1970, the rate Of such tax to be as now provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sec. O. Bottled gas, of Chapter 3. Utility Service Tax. Title VI. Taxation, of The Code of the City of Roanoke, 1956, be amended and reordained to read and provide as follows: Sec. 6. Battled gas. The Virginia Retail Sales and Use Tax.being imposed at the rate of 4~ on purchasers of bottled gas. the ~ax imposed in section 2 of this chapter is hereby imposed and levied and shall apply to the purchase of bottled 'g'as to b~ used within the corporate limits for cooking, heating, gas refrigeration and lighting, but at the rate of eleven percent (11%) of the' charge made by the seller against the purchaser with respect to such commodity. BE IT FURTHER ORDAINED that the City Clerh do cause this Ordinance to' be printed in full once in a newspaper of general cir~ulatibn in th~ City within ten (10) days after i~ final passage. BE IT FINALLY ORDAINED that this Ordinance shall be in force and effect on and after August 1, 1970. (I '43'1 The aotlon nas seconded by Mr. Lls~ and adopted by the following vote: AYES: Momars. Bosxell, Link, Perkloson, Thomas, Trout, Wheeler aid Mayor Webber ............ ~ ..... ?. NAYS: None ......... O, A~YS OF ACRNOMLEDGEMENTeSCFlOOLS: Council baying directed the *City Attorae; to prepare the proper measure taking note of the excellent safety record of student: traveling to and from schools in the City of Roanoke. during the past three consecutl school years, and commending them and others responsible for such record, he presented anne; whereupon, Mr. Perhioson offered the following Resolution: (e1926B) A RESOLL~ION taking note of the excellent safety record of students traveling to nad from schools in the city during the past three consecutive school years; and commending them and othen responsible for such record. (Faf full text of Resolution, see Resolution Book No. 3~ page 391 ,) Mr, Pefkinson moved the adoption of the Resolotion. The motion was seconded by Mr. Link and adopted by the following vote: AYBS: Messrs. Boswell, Lisk, Perklason,Thomas, Trout, Wheeler and Mayor Mebber ................... ~. NAYS: None .......... O. APPOINTRENTS-PERSONNEL DEPART#ENT-FIRE DEPARTMENT: Council having directed the City Attorney to prepare the proper measure confirming the appointment of Mr. Donald M. Graham as Director of Personnel, effective July 6, 1970, nad the appointment of Mr. Alfred K. Hughson as Chief of the Fire Department, effective August 4, 1970, he presented same; whereupon, Mr. Wheeler offered the following Resolution: (~19269) A RESOLUTION confirming the City Manager's appointment of Donald M. Graham as Director of Personnel, effective July 6, 1970; and confirming the City Manager*s appointment Of Alfred K. Hughson as Chief Of the Fire Department, effective August 4, 1970. (For full text of Resolution, see Resolution Book No. 34 , Page 39t .) Mr. Wheeler moved the adoption of the Resolution. The motion Was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Boswell, List, Perkiuson, Thomas, Trout, Wheeler and Mayor Webber ................. 7. WAYS: None ........ O. MOTIONS AND MISCELLANEDUS BUSINESS: SCHOOLS: Mayor Webber called attention to a vacancy on the Roanoke City School Board created by the resignation of the Reverend C. Andre Kearns and called for nominations to fill the vacancy. Mr. Thomas placed in nomination the name of Wendell H. Butler. Mayor Mebber relinquished the Ch,ir end placed in nomination the none of Edwin L. Phillips. Mr, Perklnsnn n~ed that the n,mia,t l,ns bo closed. The motion seconded by Mr. List and unanimously adopted. Dr. Mendell H. Butler mas elected as n member of. the Ronnole City School Board to fill~the unexpired term of the Reverend C. Andre K, ires, resigned, ending June 30. 1972, by the following vote: FOR DR. BUTLER: Messrs. Rosuell, List. Perhinson,Thomas, Fee,lev and Vice Mayor Trout .............................. FOR MR. PHILLIPS: Mayor Webber ......1. There being no further business. Mayor Webber declared the meeting adjourned. APPROVED ATTEST: City Clerk Mayor 433 COt~ICIL~ REGULAR MEETING, Monday, July 20', 1970. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building. Monday, July 20. 1970, ~t 2 p.m., the regular meeting hour. mitk Mayor Webber presiding. PRESENT: Coun~llmea J, bM M. Besnell. David ~. Llsk, Hampton W, Thomas, Vincent S. Mheeler and Mayor Roy L. Mebber .................................... 5. AHSENT: Councilmen Frank H. Perkins,ri. Jr.. and James O.Trout ...... 2. OFFICERS PBESENT: Mr. Julian F. Hlrst. City Manager. Mr. Byron E. Hamer, Assistant City HOMager, Mr. James N. Kincnuon, City Attorney, md Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting Was opened uith a prayer by Dr. Noel C. Tayloe, Councilman-Elect. MI~UYES: Copy of the minutes of the regular meeting held on Monday. June ~g. 1970. having been furnished each member of Council. on motion of Mr. Lisk, seconded by Mr. Thoma~ and unanimously adopted, the readfn9 thereof was dispensed with a~d the minutes approved as recorded. SCHOOLS: Mayor Webber welcomed students from Patrick Henry High School Who ace studying city government during the summer months. CITY GOVERNMENT: Mayor Webbe~ welcomed Miss Birglt Enander, a teacher from Kungalu, Sweden. who is visiting the United States of America through the HEARING OF CITIZENS UPON PUBLIC HATTERS: S~REETS AND ALLEYS: Council having set a public hearing for 2 p.m., Monday, July 20, 1970, on the request of Tempo Homes, Incorporated, that three alle] extending from the easterly side of Morrill Avenue, S. E.. to the westerly side of 6 1/2 Street and extending from the easterly side of 6 1/2 Street to the westerly side of. an alley which parallels Tth Street, S. E., be vacated, discontinued and closed, the matter mas before the body. In this connection, the City Planning Commission submitted the follo~ ag report recommending that the reqt~st be granted: "June Iff, 1970 The Honorable Roy L. Webber, Mayor and Members of City Counct 1 Roanoke, Virgi&ia Gentlemen: The above cited request was considered by the Planning Commission ~ its red,lac meeting of June 17, 1970. Mr. Jack V. Place. attorney for the petitioner, appear ed before the Planning Commission and stated that the question is predicated on both producing lots of standard of his subdivision, In addition, Mr. Place noted that the malaria7 of the lind !~ this general area man a~ued by the petitioner, and consequently the closure of these *paper' streets uould mt lufriage on other property namers. (the request to both Increase 6 1/2 Street, $. E.. n 'piper* street, to 8 standard fifty feet and chM ge the axis*aug 90° angle tarn for this same street is un administrative matter under the Subdlvlston Ordinance and does not require City Council action.) Accordingly, motion nas made. duly seconded and unani- eously approved recommending toClty Council that this re- S/ John H. Farrott Chairman' Mr. Jact V..Plahe..Attorney, representing the'petitioner, appeared before PETITIONS AI~O COMMUnICAtIONS: TRAFFIC: A communication fram Mr. E. F. Jamison, complaining of hazardous fram Hr. Andrew H. Thompson, Chairman of the Advisory B nard of the Roanoke Guidance Center. requesting that Council appoint a citizen of the City of Roanoke regular meeting of the body on Monday, July 27, 1970 . MUNICIPAL BUILDING-CAPITAL IMPROVEMENTS PROGRAM:. A communication from Mr. II 435 Reid and Cutsball Building should be nt~te~ and that ua expenditures should be wade on,that building until Council hnn received end studied thespian or plans for the renovation of the present Municipal Building arab flny~ Sony, #attern od Baitern, Architects end Englneru, which way possibly involve the Reid and Cutnhull Balldieg, wes before Council. Mr. Thomas moved abut the communication be referred to the City Menage: for his information in connection with his recommendation that the agreement between the City of Roanoke.and Hayes, Sony, Mattern adMattern be extended to include ua analysis of needs, program development, examination or existing facilities and feasibility studies. The motion was seconded by Mr. I~celer and unanimously adopted. RECREATIO~ DEPARTMENT: A communication from Br. Tommy Martin, Presidel of the Cave Spring Recreational Foundation, advising that the organization desires to continue entering County teams in the sandlot football program of the City of Roanoke rather than to begin playing in the program recently inaugurated by the County of Roanoke and requesting that the City of Roanoke waive the fee of $20.OO per team per game in order that the teams sponsored by the Cave Spring Recreational Foundation may stay in the city program, was before Council. Br. Lash moved that the request be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Boswel and unanimously adopted. ZONING-STATE HIGHWAYS: A comwunicatloo from Mr. Jack Embler, operator of Master Klean One Hour Dry Cleaners at 3148 Wlllia~ on Road, ~. W., requestln9 permission to continue the encroachment of three signs within the 2S=foot building setback line e~tablisbed for major arterial highways, was before Council. Mr. ~heeler moved that the request be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Thomas and unanimously adopted. REPORT5 OF OFFICERS: FIRE DEPARTMENT: The City Manag~ ~ubmJtted a written report advising that. Flrefigbter James. H. Turnb&ll was injured in the course of performance at o on April 9. 1970. that regular salary can be paid for o period of sixty days without special permission, that this sixty day period expired on June 9, lq?O, and recommending that Council authorize payment to Mr.'Turnbull'of his salary for the period beginning June 10, lq?O, to July 6. 1970. Mr. Link moved that Council conc~ in the recommendation of the'City Manager and offered the following Resolution: (#lq270) A RESOLUTION directing that James B. Turnbull, a member of the Fire Department, be paid his regular salary for the period of June 10. 1970, through July 6. 1970. (For full text of Resolution, see Resolution Boob No.34 . page393 .) Mr. Link moved the adoption Of the Resolution. The motion was seconded by Mr. t/heeler and adopted by the following vote: AYES: Messrs. H,swell, Llsk, Thomas, t~neeler and Mayor Webber ........ HAYS: K,ne ....................................................... (Hessrs. Perhluson iud Trout absent) -HUDGET-PAY PLAN-CITY EHGINRER-GARBA~ B~MOVA~: ~he ~Cit7 #calder submitted the following report recommending that the 1970-71 budget be amended to provide that the positions or three men classified ia the Pay Plan e~ Equipw~e'nt.Operator fi in the Sanitation Department be assigned to Binge IS, Step 4 in said Pay Plan: 'Roanoke. Virginia Jul7 20, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The Personnel Hoard approved the reclassification of three employees lu the Pattic Works ,apartment, Sanitation Division, from Equipment Operator l*l to Equipment Opera- tor lI's. This reclassification mas recommended and appro- ved because of the increased ~b requirements of the positions by virtue of larger and more costly equipment assignments, in- creased skill required In landfill operations and consistency of duty obligations in landfill work. The 1970-71 budget included the upgrading of these positions from Range 14 to Range 15. However the reduction in steps from Step 6 in Range 14 to Step 3 in Range 14, accompanied by the revision of anniversary dates to July I. did not general increase to city employees. It is felt this upgrading justifies a monetary increase and it is recommended the Budget be amended that these opera- tors be assigned in Range 15, Step 4, one step above that now assigned. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" Banager. and offered the following emergency Ordinance: (n19271) AN ORDINANCE to amend and reordnin Section #69, "Refuse Collection and Disposal." of the 1970-71 Appropriation Ordinance. and providing (For full text of Ordinance, see Ordinance Book No. 34 , Page 393 .) Br. Wheeler moved the adoption of the Ordinance. The motion was seconded by Br. Thomas and adopted by the following vote: AYES: Messrs. Boswell, Llsk, Thomas, I~heeler and Bayo~ Webber ........5. NAYS: None ............................................................O. (Messrs. Perkinson and Trout absent) BUDGET-AUDITORIUM-COLISEUM: The City Manager submitted a written report recommending that the 1970-71 budget be amended to provide that the position of Administrative Assistant at the Roanoke Civic Center be established for a period of ten months, six months at Step 1 and four months at Step 2, instead of the proposed oine months, which represents an increase of $904.00. Mr. Lisk moved that Council concur in the recommendation cf the City Manager and offered the following emergency Ordinance: (#19272) AN OSDINANCK to amend and reordafn Section s??, =Civic Center, of the 1970o71 Allrop~iation Ordi ....... nd prov;idin~ fo/ nn ~w'ergen~y. (For full tent or Ordinance, see Ordinance'Book No. 34 .'Page 394.) Sr. Link moved the ado~tJ0n of the Ordinance. The wotion was secGnded by Mr. Thomas and ~dopt~d by ~he following vote: AI~S: Messrs. Boswell, LJsk, Th,ben. Wheeler and Rny~Mehher ........ NAYS: None ..............- ........................................... O. (Messrs. Perkinson and Trout absent) PERSONNEL DEPARTRENT: Council having referred to the City Manager for study, report and recommendation a request frow Sr. R. ~. Akers. Business Man, er, Public Service Employees Local Union N0.'I261. that bo city employees la the Sanitation ~pnrtment nh, were fired be reinstated to their previous positions end Council having also referred to the City Runager for study and report the question of whether any changes should be made in present personnel procedures. the City Manager submitted the following report recommending that n,.change be made in present personnel procedures: "Roanoke. YirgJfliu . July 20, 1970 Honorable Mayor and City Council R, an,he, Virginia Gentlemen: At your meeting of July 13 the City Council referred to me for comment and report several matters relating to person* riel and personnel procedures. These comments and reports are as follows: 1. Appeal Procedure The appeal procedure is established in City Code, Title 2, Chapter ]3, Section 9 for classified personnel affec- ted by action of suspension for more than thirty days, reduction in ranh or pay or removal from employment. It is a good procedure. The purpose of the Persor/~l Board fo this procedure is ruinable. The City has been fortunate in having highly capable members on this board. They have give~ and ore giving knowledgeable service to the city and its personnel procedures. In ad~tion to the assiguoent of servl~ as an appeals body, the Board also establishes the Classification Plan and must approve r~vinions in the Plan and any reclassifi- cations of City personnel. They further in instances have served a's an advisory body to the Personnel DireCtor and this, both the Director and I have welcomed. I have not found the Board a rubber stamp body, in fact in instances they have disagreed with my recommendations. Their Judgment has been in these such instanxes respected. In matters of suspension, etc., the~employee Is afforded both the hearing before the Bo&rd and the review by the City Manager. This in a double review for the employee and it wou~d he felt that an ewployee facing the nft~a- tion would welcome the fact that his case or appeal has the benefit of two separate appeal studies. The Code provides that the City Mun~e~ has final disposi- tion. As such the Manager may vary from the conclusion of the Board. This, I think~ is understood by the Board and has not, in my opinion, in any regard curtailed the thorough* ness with which the Board approaches and conducts its appeals hearings. For the Manager to simply accept without research and determinations on his part, the recommendation of the Board both reduces his own attention to h~ personnel res- ponsibilites and removes from the employee the second of two opportunities the employee now has for review of his case. For the City Manager to come forth with a disposition different 437 from the recommeedsti0e or ~the Personnel,Board he.mesS be especially s*rohg'~ead:~thorou'gh~ia~hl~eM~6r*i~b r~aso~ning. In those'very few imstee'¢es~whereie ! personeell~ here presented e dJs~ositiob~dlrf*reit~fromth& Board e~recbm- meedetlon, ! hive attempted to d~ument in detail the basis of my conclusion"s,' ~All*psrties"lUv01~ed bare'been p~ovJded with copies of these doouaeithtJ6as~. revision is recowweeded iR the Code section mar&IF to clarify nnd better lupleweet e pert of the section wording and this recowweedetfob~f~'done by a separate A~enda itew. 2. Fair EmploTment Practices C~m,mit, tee~ by recent ordinnnce us*to the functioning of the Fear ~mploywent Practices Committee, This Cowmittee hen, to my knowledge, had ut least one na~ing. We hive been delayed in the.opportuelty~for the;Committee to get into full o[~ration because 9f the vacancies in the Personnel Department. This'has-limited our;being able to carry out the procedures of the ordinance but it should be now possible for that kobe Temedied. Perhaps over u period of time desirable revisions in ordained procedures for the Committee may become ippsrent for the best interest of the objective o[ the ordinance nad should they ~uelop con be brought to City Council. As to the inquirty with respect to recent appeals handling, I would advise that three employees in the Sanitation Divi- sion were given dismissal notices. Two of the employees appealed the action. The result of the appeals procedure ruled with that employee returning to duty. Nit~ regard to the accusation stated before the City Council that these employees wer~given dismissal notices because they mere union members, I can only reply by soyi~ that I neither had nor have the siJgh~st idea us to what organizations, union OF otherwise these employees belong to. Such u matter has not been relevant to either the review or the disposition in all appeal cases before both the PeF~ nnel Doard mud the City #muGger, the privacy of the employee has been respected. to any specific requests of the City Council. ' Respectfully s~bmitted, S/ Julian F. Djrst. JnlJsn F. Hirst City Hanager' After a discussion of the matter. Mr. Lisk moved that the report be In this connection, the CitF Hanoger submitted the followln9 report of the Personnel floa~d shall be closed except to legal representatJ6n and material the ch~man to be material to the appeal; unless the employee shall, net later than five days prior to the date of the hearing, request ~ writing to the Personnel Board that the h~arieg be public in which case the Personnel Board shall give publi notice of the hearing b7 a single advertisement in a newspaper of general circula- tion in the city: 439 -'Rounohe. Virginia July 20. lq70 Honorable H~r sad City Council Roanoke. Vi'fglnia ' Titlm 2. Chapter 13. Section 9 provides: *If within five ds~s tollowiug*'tke ~ervic'e or'such~ n~tlce sa employee' shall in writing addresaed to the personnel board requeat a hesriago ~e board Shall fix a flue a~d place for'such' hearing. which.may be public-ut the option of tke~ewployee, to be held not less thai five ~or'more- th'an ten days' art'er the receipt of such request ned notify the ewployee thereof; ~rovfded that ' in the ease of ewployeea'of the school board the requesl for such hearing shall be addressed to the school board and the hearing held bT that board.' It ia recommended thai the i~tent of t~ following addi- tion be provided by ordinance to this section for the purpose of clari- f~inb' and improving ~he'impleaentationof this section: 'Xt wlthin rive days following t~ service of such notice an employee shall in writing addre'ased to the personnel board request a hear- ing. the board shall fix a time and place for such hearing to be held not less than five nor more than ten days after the receipt of such request and notify the e~ployeethereof; provided that in the case of. an employee of the school board the request for such hearing shall be addressed to the school board sad the hearing held by that board. The hearing of the personnel board that the hearifl~ ~ pkblic tn which case the personnel board shall ~ive public notice of the hearinq by a single advertisement J, Respectfully submitted, S/'Julian F. Hirst Julian F. Hirst City Manager" Mr. Thomas.moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation o~ the SEWERS AND STORM DRAINS: The City Manager submitted the following report ia connection with 'additional ch'l'or/eaticn facilities , digesters and the air blower at tbs Semage Treatment Plant, advisit~ that the city has been granted a total of $220,360.00 as the share of the federal government toward these projects: 'Roanoke. Virginia July 20, 1970 Honorable Mayor and City Council' Roanohe, Virginia You may be interested, for summary purposes, in the pro- ject cost as have been assigned to the two most recent ~aJor projects at the Sewage Treatment Plant. These are the additional chlorluatio~ facilities aad the additional diges- plated. The cost of the chl6rJnatJon facilities and digesters and air blowers are the actual contract.cost. The other four items are estimates used in the Federal application grant: Chlorination Facilities $ 124,191.00 Digestors and Air Blower 493,762.00 Engineering. 27,000.00 Legal and Fiscal 2,000.00 Administrative : 6,000.00 Contingency 30,000.00 Total Cost $ 682,973.00 The City has been granted, through several grants, a total of $220,380.00 as the Federal government*s share of this work. This amount according to Federal calculations is 30 percent of the total cost though It works out to 32.3 percent of the total above figure. This is as information. Mespectrull7 submitted, S/ Julian F. tHirSt JulluO F. Hirst City.Manager" Mr. Thomas moved tbei the report be ~eceived and filed. The motion was seconded by Mr. lheeler and aua~imousl! adopted. · ATEE DRPART#ENT: . Council having referred to the City Rannger end the variance to the policy of the City of Roanoke which probibl~s · service connection "July 20, 1970 Honorbble #ayOF and Members of Roanoke City Council Roanoke. Virginia Gentlemen: ' At the Council meeting Of J~ly.6, 1970o the request Of Janes M. Yang, attorney for Dr. Myron E. Henderson of 934 Commander Drive, N. N.o for a variance to the policy of the city which prohibits a service connection for water to be made through ~tvate property to the property of the user was referred to the undersigned; It is the opinion of the undersigned that the existing policy should be waived in this instance provided that the applicant obtain a perpetual easement through and across Lot 9, Block 13, Section NO. 2. of Cnptainqs Grove Estates Subdivision for no less than a 10=foot wide right of way for providing the owner and occupaut:.of 934 Commundev Drive, N. W., a service connection for a water ltn~ from Charnwood Circle to the last mentioned address. Accordingly, a form of resolution has been prepared and is transmitted herewith for Counctl*s adoption which would grant to the npplic'ont the requested vari once. Respectfully,' S/ J. N. Kinc'anon J. N. Efncanon S/ Julian F. Hirst" Julian F. Hirst Mr. Mheeler moved that Council concur in the recommendation of the City Manager and the City Attorney and offered the f~llowing Resolution: (m19273) A RE$0LUTION approving the Clty*s supply of surplus water to Dr. Myron E. HenderSon, ownerand Occupant Of premises known ns 934 Commander Drive, N. M.. in.Roanoke Co uti. (For full text.of Resolution. ice Resolution Book No. 34 . Page 394 .) Mr. #heel= moved the adoption of the g~solution. The motion was seconded by Mr. Lisk and adopted by the following vote: 44i AYES: Nessrs. Boswell. Llsk~ Thomas, Mheeler and Mayor Webber ...... S. NAYS: None ...................................~ .......... . ........... 0. (Messrs. Perkinson nod Trout absent) REPORTS OF COMMITTEES: NONE, UNFINISHED BUSINESS: HONE. CONSIDERATION OF CLAIMS: NONE. INTRODOCTION AND CONSIDERATION OF ORDINANcEs AND RESOLUTIONS: TAXES~ROANOKE GAS COMPANY= Ordinance No. 19267+ amending and r,ordaining Section B, Bottled gas+ Chapter 3, Utility Service Tax. Title ¥I. Taxatioo. of Tke Code of the City of Roanoke+ 1956. lmposicg and fixing the rate of tax to be paid by purchasers of bottled g3 furnished Jn the City Of Roanoke on and niter August 1970. having previously been ~fore Council for its first reading, read and lad over. was again before the body, Mr. l~heeleF offering the following for its second rending and tinal adoption: (m19267) AN ORDINANCE to mend and r,ordain Sec. 8. Bottled gas. of Chapter 3. Utility Service Tax. Title ¥I. Taxation. of The Code of the City of Roanoke. 1956. imposing and fixing the rate of tax to be paid by purchasers of bottled gas furnished in the city on and after August 1, 1970: sad providing for t]~ publication of this Ore, nonce and for the effective date thereof. (For full text of Ordnance. see Ordinance Hook NO. 34 . Page 392.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the folloming vote: AYES: Messrs. Boswell. Link. Thomas. Nh,cleF and Mayor #ebber ....... NAYS: N,de .......................................... 0 (Messrs. Perkin$on and Trout absent) BUDUET-RUNIC1PAL COURT: Mr. Thomas offered the follo~ng emergency Ordinan, appropriating $798.00 to Office Far.tare and Equipment - New under Section xRO. "Municipal Court," of the 1970=?1 budget, to povide funds for t~ purchase of a dusk, chair and typewriter for said office: (mlg274} AN ORDINANCE to amend and reordain Section mRO, "Municipal Court," of the 1970-71 Appropriation Ordinance, and providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 34 . Page 395 .) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Mb,cleF and adopted by the fuji,ming vote: AYES: Messrs. Bosmell, Lisk, Thomas, J~neeler and Mayor Mebber .......5. NAYS: None ........................................................... (Messrs. Perkinson and Trout absent) MOTIONS A~D MISCELLANEOUS BUSINESS: SCHOOLS: Th, City Clerk reported that Dr. Wendell H. Butler has qualified as a member of the Roanoke City School Board to fill the unexpired term of the Reverend C. Andre Eearns, resigned, ending June 30, 1972. Mr. Lisk Bored thor the report be received end riled. The uotion Was s&conded by Mr. Wheeler iud unanimously odopted. There being no further business, U~yor Webber declared the eeetfng adjourned. A~PP ROVED ATTEST: City Clerk Mayor ~-443 COUNCIL,.REGULAR MEETING, The Council of the City of R,an,he met in m~aler meeting in the Council in the Municipal Building, Monday, July 27, 1970, at 2 p.m** the regular meeting hour, uith Mayor Webber presiding. PRESENT: Councilmen John W. fl,snell, David £. Limb, Frank H. Perkins,ri. Jr., Hampton M. Thomas, James O. Trout, Vincent S. Wheeler and Mayor Roy L. Mebber ......................... T. ABSENT: None ........ OFFICERS PRESENT: Mr. Julian ¥, Hirsh, City Manager, Mr. Byron E. Hamer, Assistant City Manager. Mr, James N. Mlncanon, City Attorney, end Mr. J. Robert 7h,mas, City Auditor. INVOCATION: The me,tin9 was opened uith u prayer by Dr. Noel C.Tsylor. Councilmen-Elect. MINUTES: Copy of the minutes or the regular Meting held on Monday, July ~, 1970, having been furnished each member of Council. on motion of Mr. Lisk. ;econded by Hr. Perkhson and unanimously adopted, the vending thereof was dispe~d tith and the minutes approved as recorded. STREETS AND ALLEYS: C,u,cMl having continued a public Ixaring ca the renu,al *f Tempo Homes, Incorporated, that three alleys extending from the easterly side of Avenue, S. E. to the masterly side of 6 1/2 Street and extending from the ~asterly side of b 1~2 Street to the westerly side of an alley mhich parallels ?th S. E** be vacated, discontinued and closed, pending discussions to be held lith Mr. Jack V. Place, Attorney, representing Tempo Homes, Incorporated, and epreseutatives of Tempo Homes~ Incorporated, the matter was again before the body. Jn this corm,cai,o, the committee appointed to study the question of onstracting sewer linen in portions of M,r,bead Avenue and 6 1/2 Street, S. ubmit~ed the following report: "July 27. 1970 The Honorable Mayor and Members of Roanoke City Council B,,nuke, Virginia Geetlemen: Subject petition was referred to the undersigned, as a committee, the Council at its meeti~g on July 6, 1970, fur study, report and recommendation to the Council, Subsequently. the undersigned have met as a committee on at least three occasions and, additionally, hare met with the petitioner t o the Council and its attorney. While the only matter referred to the committee was that of petttioaer*s request for the construction of sewer lines in portions of subject streets, lots on both sides of which are owned by the petitioner and upon it to consider, also, petitioner*s pending proposal before the .~: :,'- .,. ,::."-'~:' I portiou~f~6-1/2~SLrent~.-S.-E.~be.nlke,edby,lldeliug Iud rellign- init.. ~ T~e.propo~d ordlllcco~pe!dilo~before thi~Co~lJ lithe latter mutter-would,shy ItS terms, cffect~the mideulig end recligumect of 6-1~2 Street by.,thb~Conncll's.cpprcvclforrecordntfoa'ofa-neu tap of rescbdiviaion eat~lod 'RcpO! Beaubdlviaion or Portions of Blocks 1, 3 ccd 4, Christian HcJghtct, dried Ray 12, 1970, uhich map hca bees approved by the City Engineer eudthe agent of the City Planning Cousidercbl~'u~test~'ou, 'th~'iO[i~ucd"~ilC~ssl~h' kcs been d~voted'by the committee to th6_qoeatioo or uhether~the cboreaectioaed mup,~ proposed to be enplb~ed for the purpose or authorizing the midenfog and reuligcnent of~6-1/2 Street. is. and constitutes, for~cl~iieteuta und~pbrpoaes, 4 subdivision o~ icad such is ia regulated cud controlled b! tan City's ~cnd Sobdfrfcion Ordfnoacfmd,. if co, the ezten~ to nhi~h the owner of the lot~ effected'bl the map lc required, by u proper interpretation of the Lend Subdivision Ordioance,.to construct and instill the severcl phlaicul improvements generally required bT lind developers. It mas the cooseoaus or t~e committee that the proposed consolidation of numerous small nonconforming l c~s into u smaller number or lcrger conformfn~ lots, ts nell us the dedicctfon by the prope~t! caner of land to be utilized fo~ t~uulform midening of 6-1/2 Street, constituted a map ofresub~ivision under the provisions of the CIW'a Land Subdiricion Ordinance; however~ agreement cf understanding of the extent to nhich the londouner is r~quired hi the City's Land Subdivision Ordinance to provide ut his gun expense streets, sidewalks, curbs and gutters, street signs, seuer lines end other improvements mas not so readily reached. ¥iem nas expressed that, the Land Subdivision Ordinonee being applicable to the ibovementioned map, all phlsicul improvements required b! the ordinance should be installed in existing but unimproved streets on which the lots of the petitioning iandonner and others Ire located; opposite rfew being that the Land Subdivision Ordinance does not purport to require of the installation of public improvements'in existing public streets, opened or unopened, the grades and lines of which ore not proposed to be rodfcull! changed b~ the land developer. Reasonable argument con be made, it is thought, to support either view. In conference with the land developer and its attorney, there mere pointed out the general provisions of Section i2, Chapter T. Title 17 of the Cia! Code, wherein provision is made that. upnopplicntJon, for relativel! short extension of sanitary s~wer lines, the Cit~ mal bear one-bali of the cost of the first 300 feet of such extension, the applicant to pal the other one-half and the entire cost of all in excess of the first 30~ feet. Ensuing discussion along.thCs line resulted in c proposal of Tempo Hoses, loc** that it be authorized to cons~uct the seuer lines described in itc petition, estimated to c~st $fl,82~.2d, and to be reimbursed therefor bl the Cit7 three-tenths (3/I0) of the total actual cost, which portion, based on the abqveqeo~ tioned estimate, would amount to $2,6d?.nY. The lines so constructed mould be furnished and laid strietl! according to plums and specifications approved b~ the carl. The terms of the later proposal are incorporated in an ordinance nbich accompanies this report. The undersigned viii be present at the Council meeting, os doubtless will be the attornel or representative of Tempo ~omes, Inc., to suppll further detaiAed information to the Council and to assist the Council in arriving at o Just and proper conclusion in both aforesaid matters. Respectfully, S/ Julian F. Rirst Julian F. ~lrst S/ J. Robert Thomas J. Robert Thoma3 S/ J. N. Ktncunon J. ~. Kincanon~ Ippear~ed before Council in support of the request of his client. After a rather lengthl discussion of the request, Hr. Link moved that the o~louin9 Ordinance vacating, discontinuing and closing three allels extending 'rna the easterly aide of Horrlll'Aveone,'s. E., to'~ uea~rl~ eid~tof~6-1/2 Street and:extending rrc~ t~e easterly side of 6-1/2 Street, S~.o to the Uaterl! ~lde of ~olley which parallels 7lb Street'be placed upon Its first reading: ¢n19275) 'AH OR~NAHCE ~erScae~tly abandoning, ve~ethg, discontinuing end closing three (3) alleys end altering 6-1/2 Street la the Southeast section of the G~o~ Roenohe, nl~ c~pe~ria~'oa ~e #~p of Christian freights doled Hay 2, 192S, prepared 6y V, LoftoA Smith'and ~f record ia the offl&e of t~ R~mohe City Engineer under rile'n2391; and further shana on Shee~ ~414 of'the of(ic~ei Tax Appralael Hep of the City of Roanoke. WflE~EAS,~TenPo Homes. lac. has hereto~ere'flled application before the Council of the Cit~ of Roanoke in accordoac~ with Virginia Code § 15.1-364 request/no Counci! to permonen*tly obondou~ vacate, discontinue and'close three (3) certain alley fo said application described and to alter 6-1/2 Street, So E. in 8 manner also thereh described;' end ~ * ' ~ WHEREAS. notices of the intended application were posted in three (3) public places ia the City of Roanoke ten da'y*s prat to Counc'll'a consideration of said opplicatioo as' provided In'VirGinia Code § 15.1-364: and, WHEREAS. in accordance with the prayer contained ia acid application, No. l~lq~ sas adopted by the said City Council on the 25th day of ,lqTO. purn~o~t to ~hich viewers were appoin.ted ~o view the said property and to reporl in writing what inconvenience, if any. would'result from permanently abnndoolnG, vacatinG, discontinuing and closio9 the said alleys hereinafter described and by · !altering b-Ii2 Street. S. E. lp the maoner hereinofter dencribed, and further the said City Council referred the issues raised by said applicant to the Planning of the City of Roanohe for the Comuission's study of said request and o WHEREAS, it appears iron the report in writing filed by the viewers with ;he City Clerk dated July 2, 1970, together with the affidavit of said rinsers sub- ~cvibed to bn Moy 28, 1970, that no inconvenience would result either to s~y lndlvidu~ to'the public, from the peruonoat abandoning, vacating, discontinuing cad closing )f the three (3) alleys nor ~ould any hcocvenieoce result to cay individual or the )nblic by the altering of 6-1/2 Street. S. E.. end to uhich report no exceptions have filed; and. WHEREAS, the City Planning Commission by letter directed to the Hayor of th* :ity of Roanoke and the uembern of City Council dated June 18, 1970. recommended to ;ity Co=ucil that the request contained in the application aforesaid be granted; and, WHEREAS. after notification to the land proprietors along the alleys and ;treat hereinafter described and after newspaper publication as by statute provided, · ublic Hearing was held before Council on the 20th day of July, lqTO. ct nhich hearin ~11 interested parties and citizec$ were afforded an opportunity to be heard on the · BERBAS, upon consideration of the noster, the Cooncil is of the opfnlnn that no Inconvenience alii result to an7 owner.or to the public fron~he perusnent abandonment, VScsting, discontinuance end closing of the three (3) nlleys herqlnsrter described ond then the widening ond olterotlon or 6-1/2 Street. s. E, os hereinsfter rescribed Is desirnble for the orderly development of the urea. THEREFORe, BE IT ORDAINED by the Council or the City of Ronnohe. VirgJoio. hut the following alleys located ia the southeast section of the City ~f R~nohe,he. end the sa.e bernby ore, perneueotiy obsndened. Vncited. dJscon~ssed sod closed: Al,~ey nl BEING ten (10) feet hide, lying betneeo Morehesd Aveffue on the South and 6-1/2 Street on the north, extending from Morrill Avenue on the nest to 6-1/2 Street on the east for a distance of 254.Ti feet me · or less, and being bordered on the south by Lots 1 through 7, Bloch 3 'a~d on .the 'north by Lots 9 end 10. Bloch 3 as shonn on lhe Msp of Christian Heights. dated Nay 2, 1925, prepared b7 ~. Lofton Smith and of 'reco~d in the Office of the C]~y Engineer under File 32391. Alley 32 BEING ten (10) feet aide,lying between Buena Vista Boulevard on the south and Moreheud Avenue on the north, extending from Morrill Avenue on the nest to 6-1/2 Street on the east for · distance of 622.6 feet more or less, and being bordered on the south by Lots I through 16, Block 1o and on the north by Lots 17 through 29, Block 1, as shown on the Map c~ChrJstfan' Heights dated May 2, /925, prepared by M. Lcftco Smith and of record in the Office of the City Engineer under File u2391. Alley 33 bEING ten (10) feet side. lying immediately north of Buena Vista Boulevard, extending from 6-1/2 Street on the nest to · ten (D) foot alley on the east for a distance of bordered on the south by Lots I through 6. Block 4. and on the north by Lot 7, Block 4, as shown on the Map Of Christina Heights dated May 2, 1925. prepared by W. Lofton Smith end of record in the Office cf the City Engineer under File BE IT FCRTBER ORDAINED: that 6-1/2 Street. S. E. be altered so as to change ! presently existing 90° angle turn to one of approximately 49~ 51' and be increased in nJdth to fifty (50) feet over portions thereof; that said alteration and widening effected by Tempo Homes. inc., owner of all of the land abutting both sides of said street, recording in the Office of the Clerh of the Buntings Court of the City ~f Roanoke O certain msp Of resubdivisJon entitled oMap Of BesubdJvisioo of Portions ~f Block~ 1. 3 and 4. Christian Heights" dated May 12, 1970, prepared by T. P. Parker /a. S. C. E., which said map has been approved by the City Engineer and the Roonohe ~ity Planning Commission as by statute provided, the effect of the recordation of u hi tforesaid map of resubdJvision Shall be Such as to transfer to and vest in the City ~he fee simple title to the land of TempoHomes. Inc. necessary for the purpose of widening 6-1/2 Street. S. E. to a width of 50.0 feet and of altering and relocet/flg a ortion thereof, all to the extent shown on the aforesaid map of resubdivision; and -i/2 Street shall be, and the same hereby is, widened, altered and relocated as shown on said map, such portion of 6-1/2 Street. S. E. ss is not embraced in the shown on said new map being, and the same hereby is, permanently abandoned, scared, discontinued and closed as o public street of the City of Roanoke. I BE IT FURTHER ORDAINED tbnt the City Engineer of tb City of Roanoke.be, tad he hereby la, directed to mark #Pernnneatly Abandoned, Vacated, Discontinued and ~loae~* those three (3) certain alleys hereinabove described on all maps lad plats fa tbs Of Yice of the City Engineer of the City of Roenoke, ~ginia, on utica said maps nnd plats said alleys are shown, referring to the book nnd page of Ordinnnc~ Bad Resolutions of Council wkerein this Ordinance shall be spread; nad. that the said ~ity Engineer nike such nlterntioe on the mnpa end plats aforesaid as are needful and requisite to ahou the alteration of 6-1/2 Street, S, E.. ns berefnabove ordained, referring to tbe book and page of Ordinances and Resolutions of Council. wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that notwithstanding nnything to the coutrnry herein contained, the City reserves onto Itself nn easement for any water or sener or other ,ublfc utility line or ties a, If any, now existing in the three (3) alleys bereJesbho* !ascribed and in that portion of 5-1/2' Street. S. E.. which is herein abandoned end vacated, along with the right of ingress and egress for the maintenance and repair thereof. DE IT FURTHER ORDAIHED that the Clerk of this Council deliver to the Clerk nf tAe ~uattnga Court for tbs City of Roanoke. Virile, an attested copy of this Ordinance in order that the said Clerk may make proper notations on all maps or plata recorded in his said office upon which are shown'the said alleys herein per- nanently abandoned, vacated, discontinued end closed and the street herein altered. rand may record said ordinance contemporaneously with the "Map of Resnbdivfsfon of iPnrtions of Blocks 1. 3 and 4, Christian Heights*. dated May 12. 1970. aforesaid, at the cost of tbs applicant, indexing the same in the name of tbs City of Roanoke as rantor end grantee and, llkenise, in the name of Tempo Homes. Inc., as grantor and ramies. The motion wes seconded by Hr. Perkfnsoo and adopted by tbs following vote: AYES: Messrs. Boswell, Lisk, Perkinson, Trait, Rheeler and Mayor ebber .......................... 5. NAYS: None ........~--O. (#r. Thomas not voting) Mr. Trout then offered the following emergency Ordinance authorizing and Avenne. S. E., and on b-l/2 Street, S. E., in pursuance of an agreement to be entered intn betneen the City of Roanoke and Tempo Homes, Incorporated. the abutting landownel (a1~275) AN ORDXNAN~E authorizing and approving tbs construction Of certail public saner improvements on a portion of Morehead Avenue, S. Ea. and on 6-1/2 Street, ~4'47 Hr, Trouk moved the adoption of the Ordinance, The action ems seconded by r, Link end adopted by the folloulog vote: AYES: Messrs, Boamell, Lisk, Perkinson, Trout, end Hayer Kebber ........5, NAYS: Mr, Mheeler ......................................................I, (Mr, Thomas eot ~olJeg) ZOHIHG: Council buying set e.psbllc beefing on the request of Hr, Milton Edelman, tha~ Ccusoil authorize the Commissiooer of Buildings to issue s building permit to rebuild his grocery store at 1035 Lafayette Boolevmrd, N. M,, mb!cb Mss destroyed by fire, the matter u'as 'before the body. Mr, Kdosrd S. Kidd, Jr,, Attoroey, representing the petitioner, appeared before Council in support of the request of his client, Hr, a. a, Harden, a member of the ¥illn Heiohts Baptist Church, also ippesred before the body and advised that the Church is opposed to Hr. Edelmsn selling alcoholic beverages on Sundays during church hours, Hr, Edelmsn replied that h~ has reached aa agreement mitb the Reverend J, Lsndon Martex, Pastor of the ¥illa Heights Baptist Church, whereby he has aoreed not to sell alcoholic beverages during church hours, The City Attorney having advised~ndlth~ ~ ~e of stipulation can be incorporated into the proposed Ordinance, #r, Lisk moved that the salter be referred back to the City Attorney for preparation of the proper measure providing that no alcoholic beverages be sold or dispensed on the premises St 1035 Lafayette Boulevard N, ~.0 on a~y Sunday prior to the hour of I p.m. The motion was seconded by Mr. Perki~eon and unanimously adopted. ZO~IHG: Mr. ~. L. Cummings appeared before Council and requested that he he permitted to a~tinue operating · coal yard on p~operty omned by ¥inton Fuel Company, lncorporst'ed, at 1701 Roanoke Avenue, S. ~.. until April, lqTl, pointing out that the lot has been used for n coal yard for the last 35 to ~0 years and that he has already stored a great deal of coal on the premises. In a discussion of the matter, the City Manager pointed out that he has viewed the property, that there is a good deal Of coal alrm dy on the lot end suggest- ed that Council might make a condition whereby the request could be 9ranted if the debris on the premises is removed. Mr. H. J, Bradham, owner of Vinton Fuel Company, Incorporated, appeared before the body and advised that he will be milling to have the debris r~mo[ed. After s lengthy discussion of the request, R~ Thomas mBved that the matter be taken under advisement for a period of thirty days. The motion was secondnd by Mr. Lisk and unanimously 'adop[ed. IN~EGRATION-SEGREGATIOX-SCHOOLS: The Reverend Charles T, Green, President, ~oaonke Chapter NAACP, appeared be[ore the body nod requested that Conncil fill ~acancies as they occur 0n the Roanoke City School Board with members of the black community until there is a minimum of at least three blacks serving on the Roanoke City School Board. J '449. Mr, Link moved that the request be taken under advisement. The motioa mas seconded by Mr, Wheeler end unanimously adopted. ROUSING-SLUM CLEARANCE: Mr. Isaiah Brawn and Mr. Gordon Milllaus, appeared befpne CounCil and complained of conditfon~ In the Oeanuood sect ia and requested that the area behcluded in the Kimball Redevelopment ProJect, Approxluatel! ten residents in the area also appeared before the body in connection uith the mutter. After a dlecuesion of the request, Mr, Trout moved that the matter be refer red to the City #anqler for the purpose of conferrino mJth Mr. Brown and to report bach to Council. The motion mas seconded by Mr. Link and unanimously adopted. PERSONNEL OEPARTME~: Mr. John M. Levy. Attorney. representing e city employee recently fired in the Sanitation Department, appeared before the body end requested that said city employee be reinstated in his previous position au recom- mended by the Personnel Board and that the final decision in-appeal cases be left mit the Personnel Board rather than tbe City Manager. In a discussion of the matter, Mr, Thomas pointed out that under the provisions of the City Charter the City Manager is the chief administrator of the city* that the Personnel Board serves in an advisory capacity to the City Man~ er and that it was never intended that the Personnel B~rd mould be the final authority in such matters. Mr. Thomas then noted that the request be received and filed. The notion seconded by Mr. Mheele~ and adopted, Messrs. Lick and Perkinson voting no. Pk~flTIONS AND COMMUNICATIONS: STREETS A~D ALLEYS: A communication from Mr. C. H. Martin, 910 Fifth Street, S. W., request~g that the alley at the rear of his property be pared, mas before Council. Mr. Wheeler moved that the request be referred to the City Manager for stud report and recommendation to Council. The motion was seconded by Mr. Trout end unanimously adopted. REPORTS OF OFFICERS: BUDGET-FIRE DEPARTMENT-AIRPORT: The City Manager submitted the following report recommending that Council appropriate $5,000.00 to Section ~47, "Fire Depart- ment," of the 1970-71 budget, to provide funds for~e purchase of u 1959 Malters Crash Fire Truck from the City Of Danville to be used at the Roanoke Municipal (Woodrum) Airport: "Roanohe, Virginia July 27, 1970 Honorable Mayor and City Council Roanoke. Virginia Gentlemen: The City of Danville baa at its municipal airport · 1959 Walters Crash Truck. This is a eompan~n vehicle to the crash OF foam truch that have. et the_Ro~soke:fieldJ;~ The. Cft~ of-Onavflle~uouid/lihe, to dispose ~I this ·nit is'eider tq purchase u malt more suitable for the size of their m··lcipal a~port. Th~y~adviaed that the Federa;~g0verawe·t'h·n been co·tooted, et they'obtel·ed the ·nit ·row'the Feddkel !over·mesh, a·d that they bave-~erb·l agreemest*.to tell-thfs~firb(twackto.e mnsicipallty provided tbnt the fa·ds ~eceived from the'sale would be · ned toe·rd the purchase or.· more suitable unit for Du·vflle. Danville firut expressed ua interest nad personnel from the City have been down and inspected the unit. It ·auld OlDe ·a tun comp·robie tracks ubichue feel wo·ld be advantageous to the city ia capability and capacity of fire aid ezergencl response, in ability to sort n fire end in assurance of standby unit i· event of repairs or breakdosu. Danville ~ns non arrived at z sale pr·ce of $$,0~0. ! ·= jwut in receipt of · check from the Commowue·lth of Virginia thrpugh the Honorable Jesse W. Dillon, Commissioner of the State Corporation Commission, contributing $$,000 to the City to cover thin purchase. These funds are from the State Division'of Aeronautics. Our personnel estimate $1,500 to be required after the equipment is received here to adapt it to certain spar·ting equipment that we use end that is on the other truck and to make some operatknal repairs to the vehicle. Ir after definitely determining these changes, ee find we mould need transfer of funds, ue can return to Council. This, I would cooside~ to be a good acquisition f~r the City and would recommend that the City Council by budget ordinance amendment provide for the appropriation of $5.000 under the Fire Department for the purchase of this soil and on increase under the revenue of the City of a like amount. Respectfully submitted, S! Julinn F. Hirst Julian F. Hirst City Homager' Mr. List moved that Council.concur in the recommendation.of the City Runager and offered the foHowin9 emergency Ordinance: (~19277) AN ORDINANCE to amend and reordain Section ~47. "Fire Department. of the 1970-71 Appropriation Ordinance. and providing for ne emergency. (For full text of Ordinance. see Ordinance Book No. 34. page396.} ~r. List moved the adoption of the Ordinance. The motion was seconded by #r. Thomas nad adopted by the follouing vote: AYES: Messrs. BosMell. Link, Perkinson, Thomas, Trout. Wheeler and Mayor Rebber ........................ 7. NAYS: None ......... O. BUDGET-HEaLTH DEPARtMEnt: The City Maonger submitted the followino report advising that the State Health Department will reimburse the City of R~noke in the amount of $12.299.4B. representing 45 perce~ of the salaries included in. the 1969-70 budget for personnel in the Child Evaluation Clinic, recommending that the ~em of $5,400.00 for equipment of various classifications including laboratory equipment and the item of $3,800.00 for rent for a new area clinic in the Carlton T~ace Building be restored to the 1970-71 budget: "Roanoke, Virginia July 27. 1970 Houorable Mayor and City Council Hmnoke, Virginia Gentlemen: Director, advises that on or nbout.Jnnuarl.30,~lgTl,.tke,State.ulll reimburse the Cltl ia the amount ~f $12~99.48~Tkii saVant'repre- sents 45 percent o! the salaries thus uere included Ii-the Child Evaluation Clfmlc. The clhfc gored fete its.emu quarters sroend Deeember 1S, 1969. It mia discovered in October 1969. that personnel iu this clJelc mere being carried In.tic budgets, timely° the Bureau of Hsternel end CMId Health,end the ROunok~ Citl Health Bepsrtment: therefore, tbe.~S ~e~cent applied ~o the full amount of silnrJes for the budget lear. The'City mould thus be,entitled.to n reimbursement. thsL the cat! receives for unexpended funds pproprinted under the Health Department durinG~verioes periods o( : fiscal lear, Th~ Depertueat his requested that this reimbursemeit be used ofrset'tvo items of deletion that Gere nude in the 19T0-71 buc~t, t~ne itea uss for $5,400 rot equipment of various classifications including lubo£nto~y e~uipeeut, the nest of which:is geared to tbs tR'-lear * budget or the State. A second item is $3,§00 for rent rot a nam urea clinic mhich the department proposes on the first floor of the Carlton Terrace Building. IIBve hud sore qu~tien about this ns the locution for an urea or neighborhood clinic and hive reviened math Doctor FaGun Bud his associates. They feel thus this would Jn accessibility and relation to Comuunitl Hospital best serve for certain specialized services and us a satellite operation of the Bealth Department's main facilitl. The cost of these tug items totals $9,200 m~A the Citl*s share at 45 percent being $4,140. It is recomueuded that the Citl Council by budget ordinance amendment acknowledge the anticipation of the additional revenue of $1~,299.48 and provide for the appropriation of the two items For $9,200 with the City's 4S percent of $4,140. Respectfull~ submitted, $/ Julian F. flirst Julian F. HJrst C~y ManaGer' Dr. James Ho FoGun, Coumissioner of Health, appeared before the body and advised that the proposed clir~c would serve a ~egy useful purpose. After a discussion of the warier. Mr. Trout moved that the report be referred back to the City Hanover for the purpose of ascertainin9 whether or not spa~ Hospital. The motion was seconded by Mr. Wheeler and adopted. Mr. LJsk ~otinG no. ~BEET ~AMES: The City Made,er submitted a written rep~ adri~tn~ that A. F, and MarGaret Fisher and Dirk A. and Marl Ku~k have requested that the name of a section ~ ~llton Road. S. N., be changed to coincide ~ith intersecting Serpentin~ ~r. Perkinson moved that the request be referred to the Cit~ Planning Mr. Thomas and unanimously adopted. U~ALTH DEPAETME~-DEPAaTME~ OF PUBLIC ~ELFARE: The C~tl ~anaGer submitted following report recoaaendinG that he be authorized to sign the state-local ospitalJzation contracts for the fiscal year 1970-7] retroactive to July 1, ]970: *Roanoke, Virginia July 27, 1970 ~H6norable*#&yor'aad Clt~ CounCll* Gentlemen: zutlon by renolutlom or ordinance that the City #sumMer be permitted to sign State - Local Hospitalization ¢ootrocts ret the flscsl year 1970-71 commencing July'lo 1970. These hospltc] rates are based on data reported'b~ the Virginia Council-on Uniform Hospital Accounting and inelude~ depreciation on equipment. The maximum allnmsble rate for the coning fiucal year os determined by the State is $59.02 per day for inpatient services cad $$~50 per visit'for outpatient services.' These are all inclusive rates. I attach a copy of one of the contracts mud mould advise that all other contracts are identical mJth the exception of the variance The listing of rates proposed ere as follows mlth a second column indicating the 1969-70 rates previously authorized. 1969-70 Rates Community Hospital of Roanoke Valley $42.01S41.22 Louis-Gale Hospital 45.41 43.39 Medical College of Virginia 58.82 50.01 Roanoke Memorial Hospitals 44.04 38.03 Shenandoah Hospital 39.62 36.41 Gill Wemorial Hospital 47.96 flu previous contract University of Virginia 5B.82 50.01 Respectfully submitted'. S/ Julian F. Hirst Julian F. Hirst City Manager" Mr. Link moved that Council concur in the recommendation of the City Manage iud that the matter be referred to the City Attorney for preparation Of the proper The motion was seconded by Mr. Trout and unanimously adopted. MUNICIPAL BUILDING-CAPITAL IMPROVEMENTS PROGRAM: The City Manager sub- slated a written report transmitting copy of his reply to u communication from Mr. £arl A. Fitrpatrick. Chairman of the Committee on Planning Hem Court Facilities for the Roanoke Bar Association. expressing the opinion that no renovation of theReid and Cutshall Building should be started and that no expenditures should be made on th~ building until Council has received and studied the plan or plans for the renovation. of the present Municipal Building from Hayes, Sony, MatternadMattern, Architects,and Engineers. which may possibly in,dye the Reid and Cutshall Building. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Wheeler and unanimously adopted. TRAFFIC-STATE HIGRWAYS: Council having referred to the City Manager f~r ransmitting and recommending the City of Roanoke Highway Safety Program for 1970, he City Manager submitted the following report advish9 that the report of the :oanoke Highuay Safety Commission in very nell prepared and analyzing it us being ;air and complete as to the aspects of highway safety within the city and that with tbs exception or an evaluation of emergency nedicol services in Roanoke he does not feel there ore nay porlfnolnr items within Ihs pregrnm np~x nhlch specific notion ia currently euogested: 'Roanoke, ¥1rgioin July 27, 1970 Ronornble Rnlor nnd City CoUncil Ronnohe, Vfrginin The City Cou~il on July 6, 1970, referred to ne for study, report and recommendation the report of the Ronnohe Highmny Safety Commission consisting of the Qty of Roanoke Righxny Surety Progrnm for 1970. This is n very Mell-preparod report nad I mould analyze-it ns being fair nnd complete ns to thenspects of highway mrel! uithin the City. Rith one exception, I do not feel,that there are nay particular items nithia this progrou upon nhlcb specific action is currently suggested. That exception hms to do mith the Coamlsslon*a recommendation that n request be nude to the State Hlohwol Department for an evaluation of emergency medical servicea in R~oaoke. Re are non proceeding to initiate.thin request. Other than that item end unless City Council scald have suggestions points stated bI the Commission In its report because I feel they do it more adequately than could I and I do not believe t~t ne can do an/thing particular right at this point but mill continue to coordinate with the various general suggestions and recommendations end advise City Council from time to tine as implementation appears to be Respectfully submitted, S/ Julian F. Hirst Julian F. HJrst Clt~ Manager" Hr. Lisk moved that Council concur in the report of the City Rnnnger and that the matter be referred to the City Attorney for preparation of the proper measure approving the report of the City of Roanoke Highway Safety Commission and )rovidtng for the transmittal thereof to the Governor of Virginia. The notion was ;encoded by Mr. Trout and unanimously adopted. SE~ERS AND STORR DRAINS: Council having referred to the City Manager for a Resolution adopted by the Board of Supervisors of Roanoke County on ~e 10, 1970. requesting that Resolution No. 18689, amending the contract of September 2fl, 1954, between the City of Roanoke and the County of Roanoke, dealing nith the treatment of domestic and commercial wastes, by adding a 27.2R-acre tract of land and a lO.46- acre tract of land located et the intersection of State Route 117 and Interstate Rout~ $51, be amended to the extent of aligning and approving a s~nge lift station to be the Peters Creek Interceptor Seuer in order that the two areas nay be developed and furnished sanitary sewer service, the City Manager submitted the following report circumstances which include the immediacy or.the completion of the Holiday Inn already under construction, the prohibition by the Virginia Department of Health of a holding tank as necessary onder the original Resolution nnd for discharge into the Lick Run Interceptor Sewer: ;~53 'Roanoke, Virginia July 2T, 1970 Honorable Mayor nad City Council Roanote, Virginia Geotlemenz This letter perhaps mwe properly should come to City Council I· report or your county sener Committee~-_Houevero:is the iakerett tine. I sm writing this es · letter tram the City ann~er~ie:order to ester it upon this Agenda. The pembers of the County Sewer Cownitte hare been Rhpt generally b~lefed,on*hnt has taten place end from tine to time hare beeein on specific decisions. The members might sot fail! agree with tone of my madam is this but the course er events ere fairly nell at they have occur~ed. If. of course, the Ceuuittee members mould have any points or issue with the nunnery or the recennendntfos. Jt wouJd be quite Jo order for this item to be held over. #uch of this has been before City Council by venous appearances of persons and by Cm ncJl actions and repor~s~ I will try to hurrah it to the immediate essentials. The City Council on April 28, 1969. by Resolution Ho. 16699. at the request of the Hoard of Sspervfsorn of Roanote County, approved two additional areas to the County Semge Treatment Contract. These areas uere 10.46~ and 27.28~ acres situated between Interstate Route 561 and Route 117 ublch mere the properties of HiUy H. Branch and others. The Couecil*s approval, es set forth in the resolution, antici- pated the construction of a gravity line from this property generally southuRrd under Route 117 (Peters Creek Road) Jato main seuer lines being constTucted in and through the Arrow Hood Country Club. The resolution carried two conditions that there he the replacement of two short segments of existing lines and the installation of special holding tanks. This properiy was very shortly afterwards conveyed to Auerican Motor Inns for tbb construction of a new Holiday I~n. I believe it to he correct that et the tine that the resolution nas approved by C~y Council and the Board of Supervisors had requested the resolution that such a conveyance was being contemplated by the onners end others. The conditions of the resolution were, I believe, discussed by end betneen the var~s persons who were involved with the setter et tb~t time. In April of this year, 1970. American Motor Inns came to the City requesting an alternate routing of this seuer line. Their building wes well under construction and anticipated to be completed in August, 1970. Their proposal nos theinstallution of · pumping station and s force main westward along Peters Creek Road to go Jato the County's Peters Creek sewer line. He administratively to them and before Council expressed our obi ection to this routing in the opinion aha t transmission shad d be gravity flow for a number of reasons and that It uaw possible in this situation. A great deal of discussions, meetings, surveys, et cetera, then took place for · period of about two months, inclading the matter coming before City Council on et least two oceaslonno I believe that I am fair in saying that the end result up to shortly after the first of July nas a general acceptance by American Motor Inns to follow the gravity routing and they proceeded to work out property details, et cetera, on this. However, within about the first week of July. the VirE~nia Department of Health issued an instruction that it mould no longer permit the installation of holding tanks within sener systems. This ruling was questioned by representatives of Holiday Inns and the questioning included sever'al phone cells~y me to the Virginia Department of Bmlth. Howevers the State ~as immovable on this point. This prohibition has the effect of voiding nhat we would consider to be reasonable permission for the original arranguent that the City had included within its resolution. The holding tanks it considered by ns to be inportmt in t~ proper control of the flow of sewage into the Lick Run se~er line because of present limitations On Orange Avenue of line capacity. These limitations will be removed by aem sewer lines to be constructed in connection with the Orange Avenue midening and improv~ent project. He have accordingly advised American Motor I 455 It lu reC0muended t~ot the Citl c~u~eII bi resolution aoe~d'Resoln_ tiaa Ho, 18689 ns to the second grouping or subparagraphs (~) Old (b) to provide that these too areas be discharged into the Peters Cve~oeuer line, I think It would be vital that the nsoluklon contain the explnnu- lion that the grnnt~bg or permission to pump into o'droinsge basin other then that occupied bl the urea fs pero~tted fn tkfs instance because or emteouuking circuuutnnces which include: 1, The lumedisc~ of the completion of building construction olthout the provision of sewer eer~fce, 2,'The prohibition by the ¥1rgfnfn ~eportoent of ~enlth of a holding teak us necessur~ under the oviginnl resolution nndUr.discharge into Lick Run lnter~eptor, Renpectfull~ submitted, S/ Julian F, H[rst Julian F, Hirst City #una~r' Mr, TheBan uG~d that Council concur in the recommendation of the Citl gd that the matter be referred to Re City Attorney ~or preparation ~ the proper measure. The motion was seconded b~ Mr. Link nnd unoniuouull adopted. POLICE DEPARTMENT-JUVENILE AND DOMESTIC RELATIONS COURT: The Lit! Manager submitted the follouino report requesting that he be authorized to file initial applications on behalf of the Citl of Roanoke wJ~ the ¥irolnJn Law Enforcement tdminiutrotlon for action 9rants of ~ederaifunds aggregating the amount of ~o be e~pended bl the cJt~ pursuant to the Federal Crime Prevention Program: ~Roanokeo ¥iroinia July, 27. 1970 Honorable Mn~or and Cit~ Council Roanoke. ¥irginh Gentlemen: , There are herewith attached the significant sheets of prepared uaterial for applicnti~ to the ¥~rofnia Law Enforcement Ad~$tratlon for 9rants under the Federal Crime Prevention Program. It is believed that the attachments are generall! explunatorl of the programs without ~oy additional colgenta within thin letter. Me cnn elaborate upon them verball~ before the CUtI Council at ~our meeting. These nppllcatlon~, if acceptable to Cit~ Council, need to be submitted to Richmond by August 1. ~e feel there will be opportunit! to perhaps make other applications ~ust u little later and these we are The matter of a second ~eoionul trnining school has not let been conpletell marked out nnd if this is resolved and scheduled, we mould hope to make application In this connection. The one problem that we have In these law enforcement applications, · a we are harlng and will have under other Federal grant progrnma, Is the need to develop mn~ching local funds in accordance with the r equired provide the reserve of mone~ that can reasonnbl~ be adapted into ver~ ~hesa.are submitted with the mcoumen~ticn that the Cft~ Council bi resolution authorize application to the ¥irginin Law Enforcement Admhistration for Prevention and Control of Juvenile Delinquencl - $20,786. Improvement of detection and apprehension of criminals - $1T.192. Prevention and Control o~ Juvenile ~el~nquenc~ - $4,~00, and ~1.000 for Prevention of Crime (including public informat~). S/ Julian F. H~rst Julian F. Hlrst Hr. LIst moved that Council c,acer in the request of the City Masquer a~ ~ffered lb& foil,Ming ~neolutlou: (#19278) A?MESOLHTIO~ upprovlug the filing o! application fur grunts under the Feddrol Crime Preveution Program. (For fall text of Ems,lotion. see Resolutioo B,oh Ho. 34. page 396.) Mr. List mwed the adoption of the Resolution. The motion nas secouded by Mr. Trout end adopted by the~llouiug vote: AYES: Messrs. LUsh. Perhinson. Thomas. Trout. Mhee~r end Mayor Webber---6. WAYS: Mr. B,smell ....................................................... ! POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted the f,Il,nih report o, the status of personnel in the Police Department ,nd the Fire Department for the month of Ju~ 1970: "R,un,he. Vlrginh July 27. 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: Listed below are the personnel changes for the month of June, 1970, for the Police and the Fbe DeN rtment: *Police Department Hired Resigned Clerk-stem,-D,r,thy H. Fechter April 1, 1970 June 30, 1970 Ending June 30. 1970 (7) vacancies' 'Fire DeB rtment There mere no personnel changes in ~e Fire Department forthe month of June 1970. One vacancy exists.' Respectfully submitted, S! Julian F. Hlrst Julian F. Hirst City Man,gar' Mr. Trout moved that the report ~e received and filed. The motion was seconded by Mr. Wheeler and unanimously adopted. BONDS-CAPITAL IMPROVEMENTS PROORAM-AUDITORIUM-COLISEUM: The City Auditor submitted the following report t~ausmitting three Resolutions providng for the sale >f $10,500,000o00 of bonds authorized us being $7,000,000.00 Of civic center bonds {nd $3,500,0D0.00 of various public improvement bonds to be issued as fifteen year serial bonds on August 19, 1970: July 24, 1970 of Roanoke City Council, Roanoke, Virginia. Transmitted herewith are three resolutions uhlch have been prepared by the City Attorney. providJ~ for sale of $10.~00,000.00 of bonds heretofore aMah,riMed being $7,0DO.OOO.OD of CiViC center ,nd $3,$00,000.0C of v,ri,us public improvement bonds (schools, airport, street, etc.), to be issued as fifteen ye~3 serial bonds. Becnuoe of the present construction schedules it is necessary to provide oddltfonsl rands for payment of costs of the cspitul Jgprovement It Is therefor recommended t~t these resolutions prov,lding for sale of the bonds on August igth be adopted. Respectfully submitted, · S/ J. Robert Thomas J. Robert Thomas ' City Auditor' Mr. Wheeler moved that Council concur in the report of the City Auditor and offered the following Re~lutim providing for the sale, execution, form, odver~ ~se~nt of sale. delivery and tax levy to pay S7,OOO,OOO.O0 of bonds authorized at aa election held on the 14th day of June, 1966, to defray the cost of a needed permanent public improvement, to-wit: a civic center consisting of an auditorium and related public buildings, including land. parking facilities and landscaping in connection therewith: (=19279) A RESOLUTION provi~no for the sale, execution, form, ndvertisemen~ of sale, delivery and tax levy to pa! $?,000,000 of bonds authorixed at an election held on tb~ 14th day of June, 1966, to defray the cost of u needed permanent public improvement, to-mit: a Civic Center consist/no of an Auditorium and rein ted public buildings, including land. parkino facilities and landscaping iu connection therewith (For full text of Resolution. see Resolution Book No. 34, page 397.) Hr. Wheeler moved the adoption of she Resolution, The motion was seconded by Mr, Trout and adopted by the f olios/nO vote: AVES: Messrs. Boswell, Lisk, Perkinson. Thomas, Trout, Wheeler and Mayor Webber .......................... 7. WARS: None ........... O. Mr. Lish then offered the following Resolution providing for the sale, ~xecution, form, advertisement of sale. del Jmry and tax levy to pay $3,500,000.00 )f bonds, being a part of $1b,qO0,O00.O0 of bonds authorized at an election held on ~he 2nd day of May, 1967, to defray the cost of needed permanent public im~vements ~o-wit: additions, betterments, extensions and improvements of and to the municipal lirport, public buildings including the municipal building, fire stations, refuse tisposal facilities and service center, public streets, highways and bridoes, the ~stem of Storm sewer end storm drains, public schools and for projects au~ orized irsuant to Article 7, Chapter l, Title 35, of The Code ~ Virginia, as amended: (=19290) A RESOLUTION providhv for the sale, execution, form, advertisemen )f sale, delivery and tax levy to pay $3,$00,000 of bonds, being a part of $lh,qO0,O00 )f bonds authorized at an election held on the 2nd day of May, 1967, to defray the :gsa Of needed permanent public improvements, to-wit: additions, betterments, extensio tod improvements,of and to its municipal airport, its public buildings including its 2ueicipai airport, its public buildings including itu mgaicJpal building, fire statioo :efuse disposal facilities and service center, its public streets, highways and bridge 457 authorized purauant to Article T, Chapter '1, Title 36, of the Code of Virginia, us (For full text of Resolution, see ReaolutJm Book No. 34, page 401~ NAYS: None ..... O. lelolution providing for the udrertiseaent and sale as n ehole of the $7,000,000.~0 sf bonds authorized by Ordinance No. 16956 and of $3.500,000.00 bonds of the (~1925]) A RESOLUTION providing rot the advertisement end sale as u uhole ,f the ST,O00.O00 of bonds authorized by Ordinance No. 16956 and of $3.~00,000 bonds ~f the $16,900,000 bonds authorized by Ordinance No. 17413. (For full text or Resolution. see Resolut~n Book No. 34. page "Roanoke. Virginia July 27, 1970 Honorable Mayor and City Council Rm noke, Virginia Gentleuen: on Thursday even~g, July 23, lout committee met in Roanoke City Council Chamber with representatives of three of the other valley Rovern- manta; City of Salemr Toun of Vinton and Count~ of Roanoke. This was the third meeting of tb~es representatives in a mcent period of time, the gibers buying bent on July2, IB our COllCil Ckoebern nad June lO nt the County Cart Rouse."Prlor to thee ~our Committee hod met ulth represent- olives of Roanoke County January 21/'19TOr February 3'end April The purpose of these meetings have been the lnlkiation of interest treatment of sanitary oeeage marten la the valley.' No specitic f0vm. for such an agency uno offered by the County;Coulty-repr~henthtives bdd"c6oduet ed:research of enabling or related Stnte~leglslnkJon mhich they sugRested might offer, in their opinion, the methods of forms for such un eguecy. reported time to time on information obtained In thio research. These series of meetings hsd not determined any rift course action by the group or the extent of interest 10 the proposal of a single agency by the representatives present, other than Roanoke County. noted their recogniti6n or, the desirability of a regional approach to At the July 22 meeting the Roanoke County representatives pressed for opinions from the other government representatives as to their interest in proceeding mith the current series of meetings In behalf of formulating an ultimate recommendation bock to the Governing bodies for a single agency for handling and treatment of the sanitary mattes. The Roanoke City committee responded to this question noting that not necessarily the opinion of the Roanoke City Council nor the official position of.the City Council. of the COt! Committee was as follows: (1) The lon9 history of County--City seuer neootietioos was review= ed. For approximately four years--1965 to 19&9--there mere City treatment of County sanitary wastes. These negotiations 19~9 the County, the Town of Vintoo and Roanoke City entered a~reement. One of the objectives and reasons of prime connid- specifically provided for in the r~ aiming agreement, ms a in Noeember, 19~, this consolidation agreement was accepted by no o,eruhelm~qg majority of City rot~. but defeated by a (2) Roanoke City in 1969, filed with the Circuit Court of the County a petition for annexation of Roanoke County which, if snccessfol mould result in a combination of t~ governments of the County, Vinton and Roannke City. Again, in this instance a prime stipulation of the Clty*s request is that this would This annexation action by the City f~llowe Roanoke County citizen petitions, instituted in l~&& and since, for annexation in five separate and still pending actions--three to Roanoke City and tmo to Salem City, It is considered tim t public Roving unsuccessfully tried other routes, the City non tries the annexation method. Hopefully this mould resolve the The three judge court has tmice convened end dotes are set for hearing of the case. To take off in another direction one on the sewage subject would mly confuse*the situation for both the County end the City, would be in conflict uith the pre- paration of the annexation case ~nd. even if some plan might be developed in these negotiations, such plan undoubtedly mould have to he held in abeyance until the conclusion of and plan toward. 459 (3) The City Iud COunty hare i loio~te~l~seu~ge~treutme~t'-coltract which ie etill ettectlre ~ad.bef.apwe ieers'yet~$o rae,'~Yhe City, snd~r'th~ oontreet~'~u'~ been accepting aeu areas of the County under.the.contract..:Il Ia sense hll the City cut off County seunge treatment arrangements, il. fact under tk~ contract the City has cou&inlendlj.,wad eooperntivaly added to the contract mith gr~uth riquireweets iu the County. Ne mould propose &o continue ia do no, . . Your Coutcil com~ittee-sdvfs'ed the br~ap o~ re'pr~neututivea Jul~ 23, that it would report buck to the City Council the couwlttee*s response, above set torah and the reasons, therefor. One further point should be adrised City Council. Your ~oumfttee realm,al approach be taken to the planning of sewaruge s~stem programs and projects. This Is not neu to the City of Roanoke going back to the early l~50°a when the Cit~ entered into contracts with Salem end ROM oke County for regional treatment or mashes, la 1965 consulting engineers prepared for the .(]ay un extensive and costly stud~ of the sewer collector and outfall system. This study fully recognized that the Cft~ s~atem has and would carry wastes on hopefull! u regional basis. The multi- million dollar construction program which has followed and continues Is based, b~ line size and location, on the regional concept. Consultant studies and ,ajar construction ut lhe seuage trentuent plant has been based on regional treatment. Recently the City has folloued Federal guidelines on Federal Grant Projects ia submitting them for revieu by the Fifth Planning Uistrict and its predecessor, the Regional Planning Commission. Unless there should be other unforeseen developments, it is not seen that Federal grants on scheduled projects will be hampered by your (1) That further action renard establishing a Valley-wide pending determination o~ the annexation gutters presently pending in the Courts. (2) That amendmeQt areas still be accepted under the present (3) That Council re-affirm its interest in n regional approach to valle~*wide sewage matters and Its willingness to discuss suits uill permit it to do so. I move that £he Coumittee'i report be received and filed and that the City Attorney be Instructed to prepare u Resolution reflecting the Respectfully sub~itted, $/ Hampton ~. Thomas Hampton ~o Thomas S/ Vincent S. Wheeler S/ Julian F. Hirsh Julian F. Hirsh" Hr, Thomas moved that the report be r~eived and filed and that the City UNFiNISBEO BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF OEDINANCES AND RESOLUTIONS: * PAY PLAN-CITY EMPLOYEES:' COUBCil having'directed the City Attorney to pre- are the proper measure amendino Section 8. Classified service, Chapter 13, Personnel Title Il, of The Code of the City of Ronnohe, 195b. he presented sane: nherespon, Mr. Wheeler offered the following emergency Ordinance: (#19282) AN ORDINANCE nmendln~ Sec. B.~lassified service, of Chapter 13, P~ aonnel, of Title II of The Code of the City of Roanoke. 19SSi'end providing for an emergencyo (For full text of Ordinance. see Ordinance Book Ho. 34, page 405). Hr. Wheeler moved the adoption of the Ordinance. The motion mas seconded b Mr. Trout and adopted by the ~llowing vote: AYES: Messrs. Oosnell, Link, Perkin$on, Thomas. Trout. Mheel~ an d Mayor Webber .................. 7. NAYS: Hone ......... O. MOTIONS AND MISCELLANEOUS BUSINESS: INTEGRATION-SEGREGATION: Mayor Mebber called attention to a racancy on the Community Relations Committee created by the resignation of Mrs. Beatrice W. Burwell and called for nominations to fill the vacancy. Hr. Thomas placed in nomination the name Of Mrs. Otis Ogden. There being no further nominations, Mrs. Otis Ogden was elected as a member of the Community Relations Committee to fill a vacancy created by 'the resignation of Mrs. Beatrice Wa Uurmell by the folloulng vote: FOR MRS. OGDEN: Messrs. Bosmell, Lis~, P~kinson, Thomas, Trout, Mheel~ and Mayor Webber ............... FIRE PROYECTION: Mayor Webber called to abe attention of Council that the terms of Mr. William A. Gibbons, Jr** and Mr. Wilfred C. Tr~ynham as members of the Bm rd of Fire Appeals expired'on June 30. 1970. that Mr. Gibbons has declined to serve another tern and 'called for n~minations to fill the vacancies. Mr. Link placed Jn nomination the name of Mildred C. Traynbam. There being no further nominations, Mr. Wilfred C. Traynham was reelected is a member of the Board Of Fire Appeals for a term Of four years ending June 30, [974, by the following vote: FOR MR.TRAYNNAM: Messrs. Boswell. Link, Perkinsoa, Thomas. Trout. Rheeler tad Mayor Webber ............. ?. Mr. LJsk then moved that the vacancy on the Board of Fire Appeals created ;be resignation of Mr. Mitliam A. Gibbons. Jr., be deferred one meek. The motion nas ieconded by Mr. Wheeler and unanimously adopted. PLANNING: Mayor Nebber called to the attent~ of Councilthat the terms Of (essrn. Henry B. Boynton, Hampton W. Thomas. James O. Trout and Richard W. Hairier, Incensed, as members Of the Fifth Planning District Commission expired on June [970, and called for nominations to fill the vacancies. ~'461 Mr. Perkiaaon placed in nomination the niles of Henry D. Doyntoa, Haiptoa ?homos and James O. Trout. Mr. Llsh placed in aomiestiou the nome of David fid ioodburl to rill the vicincT created bl the death or Mr. Richard W, HofrZer. s lelber of the Fifth Planning District Cowllssion and Hr. David D. Wcodbarl los District Conuission for a tern of three leers ending June 30, 1973. bl the following - In thin,connection, th~Clty Manager again submitted i written report aeggectJog tilt ronr city ewAloynes be nppnJoted au members of the Bm rd of Trustees or the Employees* Retirement System of the City of R~noke, V~ginin, Instead of tug members cad that the Personnel Director aotenctlcnliy be u member of said D~ rd. ir. Uh~l~r moved'that ~hemportb~ received nnd filed. The motkn nns seconded by Mr. Trout a~ onnnfmously adopted. Mr. Wheeler ~hee placed in nominntion the name of S. M. Hudson. Mr. Lisk placed in cominntiou the name of Oonald W, Graham to fill the unexpired term of Mr. David S. Ferguson, resigned, ending June 30, l~?R. There being nc further noein~tions, Mr. S, H. Hudson mas reelected ns member of tM Board of Trustees of the Employees* Retirwent System for n term of roar ~ears ending June 30. 1974, and Mr. Donald M. Graham ubs elected as a member of the Bmrd of Trustees or the Employees* Retirement System to fill the unexpired term of Hr. David S. Ferguson, ending June 30. 1972, by the foll~dingvote: FOR MESSRS. HenSON AWD GRAHAM: Ressrn. Boswell, Lisko Perkinsono Thomas, Trout, Mheelor and Mayor Mebber ............. SCHOOLS: Mnyor Mehher cnHed to the attention of Council t~t the terms C~ty School Hoard expired on June 30', 1970, that Mr. Kennedy bas declined to serve Mr, Trout placed in nomination the names of T. T. Moore and C. E. Norris, Tier being no further nominations. Messrs. T. T. Moore and C. E. Norris, mas elected on a member of t~ Roanoke City School Hm rd for a term of three years each ending June 30, 1973, by the ~llowing vote: FOR MESSRS. MOORE, AND PEV£ER: Mennrs, floswell. Link, Perkinsofl, Thongs, FOR MR. NORRIS: Messrs. Boswell, P~inson. Thomas, Trout. Mheeler and Mayor Webh ....................... ~--~--~-~. IMr. Lint not There being no further business, Mayor Mebher declared the meeting adjourn- ATTEST: ? APPROVED Mayor 463 COUNCIL, REGULAR MEETING Monday, Angcst 3, 1970, The Council of the City of Roanoke wet in regular me'ting in the Council Chamber in the Municipal Buil~ng, Monday, August 3, 1970, at 2 p,moe the regular meeting hour, mith Mayor Webber presiding, PRESENT: Councilmen John W. Boswell, James O. Tract, Vlncen~ S. ~heeler and Hayer Roi L. Webber~ ................ ABSENT: Conec~lme~ David £. Lisk, Frank N. PerkinSon, Jr., an~ Hampton Thomas ................. ~ ............... 3. OFFICERS PRESENT: M~. ~ul~an F, BJrst, City Manager~ Mr. James N. Elncanon City Attorney, and Hr. J. Robert Thomas, City Auditor~. INVOCATION: The meeting mas o~ened wi*h'm prayer by Mr. Vincent S. #heeler Member o~ Roanoke City Council. MINDI~S: Copies of the minutes of the regular meetings held on Monday, July IS, 1970, and Monday, J~ly 20,*1970, having been furnished*each'member of Counci on motion of MF. TFOUt, seconded by Mr.'Boswell and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. EEARING OF CITIZENS UPON' PUBLIC MATI~RS: PETITIONS AND COMMUnICATiONS: ZONING: A petition of Mr. Leon R. ~ytchen, Attorney, representing Mr. Garrison N. ~berts, et uxb, requiting that a one acre tract of land lo~ated on Mas*side Boulevard and Wyoming 'Avenue, N. W., described as *a part of the* Gilbert Map, Official Tax No, 2670203, b~ r~a~ned ~r~m~S-3, Stegle-F~mily ~esi~ential District, to RG-2, C~neral ~es'ldential District, was~ before Council. Mr. Wheeler moved tha~ the request for rezoning be referred to the City Planning Commlssim for study, report and recommendation to Council. The motion was seconded by Mtn Trout and unaniuousl~ adopted. SPECIAL PERMITS-STREETS AND ALLEYS: A communication from Tidewater Supply Company, Incorporated, 105 Fourteenth Street, N, M.~ requesting permission to the west side of Fourteenth Stree~ ~or' the purpose o~ erecting Wire mesh gates in front of the windows an~ doors of its building and on the north side of Shenandoah Avenue for the purpose of erecting a chain llnk fence, mas before Council. Mr, ~heeler moved that the request he re(erred to the City Manager £or stud report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. REPORTS DF OFFICERS: BUDGET-PAT PLA~-CIT¥ EUGINEER-CIT¥ EHPLOyEES: The Cit~ Haaager submitted the following report advising that he has appointed Hr. ~illian F. Clark as Director of Public ~o~, effective August It 1970t at a rate of $16,~o2.oo per annum and that he has appointed Hr. Samuel H. McGhee, III, as City Engineer effective August 1, 465 at a rate or $14,$2o.oo per annum, recommending thor he be permitted to establish thc scm Fositicc of Operatfosn Msosger ia the Pay Plao to-be noder ibc direction cf the Director of Public Works sad rQquesting that ~e ~e permitted to request et a later date that the ope~e~s of the §ewige Treatment PianO'be pl~ced under the direction of the Department of Publ'ic Works: 'Reis*he, Virginia August 3~ 1970 Honorable Nay~r.,and City Council Rnsnoke, Virginia Gentlemen~ Pursuant to th~ provisions of Section 21 and.~eotion ~ of the City Charter, I do.respectively advise City Council of the appoint- meats and recommend to.City Council the confirmation of the appoint- meet of the fell*ming positions: 1. Hr. ~illiam'Fo Clerk to be designated as Public ~orks Director effective Aogost 1, 1970. Df brief biographical background, Mr. Clark has served an City Engineer since cowing with the C~ty of Roanoke January 11. 1965. Me is a grndnate of the University of #aryland in 1959, with a BS Degree in Civil Engineerlag,·hus attended Los Angeles State College. been employed in engineering and public works with theClty of Rockvllle, aary[and; City of Domney, California; the Los Angeles County Road Department and the D. S, Army Corps of Engineers, Me is Just coepleting a Rasteres Degree lo Public ~orks at the Oniversit7 of Pittsburg. 2. #r. Samuel M. #cCheet IIIt to be City Engineer effectiv[ August It 1970.~ Hr. McGhee came mlth the City of Roanoke as Assistant City Engineer garch i, 19690 and since · September-l, 19&Va has served a~ Acting City Engineer. A native of Washington, M. C., he graduated from high school Jn Fairfax County. ¥irglnlar completed Pre-Engineering at ~illiam and Mary College and graduated tn 1963 from VPI in Civil E~gineerl~g. Me mas Assistant Town Engineer in Front Royh[e Virginia, and Chief of Engineering for the City of #artinsvllle. It is felt that beth of thes~ men are particularly' qualified for these positions. Our service experience with them during their time 1~ Roanoke has been excellent and X feel that the City and beth Public Works and Engineering will benefit by their leadership in these positions. As City Council mill recall, no action mas t~ken on the salaries for these two positions with the nam budget of July 1, 1970, pending determination of appointments. It is recommended that the salary of the Director o{ Public Works beestabli~hed at $16,002 and the salary , of the City Engineer at $14,520. It is a~tlcipated that within a short time a recommendation mill be brought ~o CityCouncil for some realignment~of the operational relationships between these two deportments and such realignment will be consistent with discussions already held with the two appointees. There is considered to be a need for a secondlevel position within the Deportment of Public Works between the Director and the existing divisions, namely, gorage, snnitatJm and street cleaning, streets and masers, maintenance Of property .and traffic and communi- on*ions. TO meet this it is recommended that there be established by budget ordinance amendment the position of Operations Ranager. A Job specification for this position has been prepared and will be submitted to the Personnel Board for their.reviem and considerntlon prior to any appointment to this position and the City Council will be accordingly advised of the Board*s revlem. It is possible that a revision may be ma~e in the title for the position should a more applicable one be determined. The purpose of %he recommendation at this time is to enable the commenceqent of inquiries ,for the filling Of the position. It would be hoped that un appointee to the rp0Sitioe-w0uld heve~u.degree.preferebly~ie~eugiueeriug~ ,Another purpose lz the reeommeedetlee et thin tile is toeuuble'~ezticlpa- tfou of-certufm'o~geuf~etiiuul~er~eegemeutu.~lthll~tbe-depurtiett by the new personnel, This position is reconmeeded to be established under Pay Pile Range 26,' $9,360 ti $11~946;: ShBuld:wefltd toed to recommend eny revfsiou:uitb respect to this ucalee which iu pro+. poeed rot 1970-?1~ et StJps'l end 2, a recommendation would'be sade at the appropriate time, . _ As u final mutter is this report, It ls~:considere~ desirable from uu administrative standpoint to establish with some degree of certainty the relationship of the operation of the Semtge Treatment Plant within the City organization, lu pest year, it has been interpreted by City Council, and there may be'ordinances or other papers to bear this out, that the treatment plant is an,iadependent department within the City. I have endeavored to have it function for administrative supervision under the Department of Public Work3. It is believed that It properly should be under that depart- meat. This is perhaps not an l~medlately pressing matter but one on which I would like to return to Council at a later date with the objective of doing whatever may be necessary to designate the functioning of this department under Public ~orks. Your favorable consideration of the above specific.matters · is recommended. Respectfully submitted, S! Julian F.,Hirst Julian F. Hits* City Manager" #r. Trout moved that Council Concur in the report of the City Manager and that the matter be referred to the City Attorney for preparation of the proper mea- sures. Yhe motion was seconded by'Mr. ~heeler and unanimously adopted. PERSONNEL DEPARYMENT~ The City Manager submitted the following report in connection with the request of Mr. R. ~, Akers and Mr, John M, Levy that *mo city employees In the Sanitation Department who were fired be.reinstated to their previous positions as recommended by the Personnel Board and that the final decision lo appeal cases be left with the Personnel Board rather than the.City ~anager, advising that he would not mant the validity of a process of orderly personnel procedures and the rtgh' of government to administer its personnel to depend for support entirely and upon those brief and quickly prepared comments of his Contained In a report made on July 2~ 1970. concerning any change in present personnel procedures: "Roanoke, Virginia August 3, 1970 Honorable Mayor and City Council Roanoke, Virginia Centlemen: It is believed I should.say the.following for the record of the City Council. At your meeting of July 13. the City Council referred to me for comment and report several matters regarding personnel and personnel procedures. One of these referred matters evolved from the question or challenget by a representative of a labor union organization, of the City Csde provision providing for the Personnel Hoard as a personnel appeal body, On July 20. the following Monday, X returned with a reply to City Council*s referral, On July 27, the next Monday. an attorney from the Legal /Id Society came before City Council by letter and personal-appearance questioning the position of the Personnel Board. and the City Manager, in personnel appeals and questioning specific points in my written reply to City Council on July 20, The purposeiof this writing is not to reopen or~review~the issues of City personnel procedures whioh here ,bees the.subJeot of the appearances before City Couuellb,.tbe labor solon o.d Legal Rathero I have noted the emphasis placed by the Legal Aid Society attorney upoe n7 Jely 20 comments ua to whether er eot ! would recommend uny!changes in the:City procedure. Those comments more both hurriedly aid-briefly written within the tine available between City Coueollta~request on Rondey afternoon and the Closing on tho following Thursday of the next wee~*a agenda. The ob]eot of those comments mas not to prepare u lengthy treatise on the subject. Although the matter Is one that can be gone into in considerable detail end any severe chollenge would merit such a dissertation. I would not mant the validity of s process or orderl~ personnel procedures end the right of government to administer its personnel, both of which appear to be the subject of the chelleeges, directly and indireetlyt to depend for support entirely and only upon those brief and quichly prepared conueets of mine on Jul, RespeCtfully submitted. S/ Julian F, Julian F. Hlrat City Manager" Mr. Trout loved that the report be receired and filed., The motion was seconded by Mr, Nheeler and unanimously adopted. Mr. Trout then moved that the report of the City Manager under date of July 20, 1970, reconmendie~ that no chaeg~ be made in present personnel procedures also be received and filed. Th~ m~ ion ~as seconded by Mr, Mheeler and unanimously adopted. R£CREATIO~ DEPARTHENT: Council having rein;red to the City Manager for studye report and recommendation a communication from Mr. Tommy Martin. President of the Cave Spring Recreational Foundation. advising that the organization desires to continue entering County teams in the sandlot football program of the City of Roanoke rather than to begin playing in the prograu recently inaugurated by the County of Roanoke and requesting that the Cfty of R~nohe maire the fee of $20.00 per team per game iu order that the teams sponsored by the Caye Spring Recreational Foundation may stay ia the city program, the City Manager submitted the folloming report recommen~ng that the present policy of hauing the county pay one-half of the officiating costs each game ~layed by a county team in the city program and of having the city pay one- half of the officiating Costs for each city team participating in the county program be retained: "Roanoke. Virginia Aognst 3. 1970 Honorable Mayo~ and City Council Roanoke. Virginia Gentlemen: At your meeting of July 20s the Cave Spriog ~ecreation Foundation by letter and personal appearance of its President. Mr. Tommy Martin~ presented a request to the City CounCil that it be relieued of the cost per team per game of $20 for partici- pation in the City of Roanoke~s sandlot football prograa this fall. You referred this matter to me fo~ report and recommendation ~hich hereeith is done. 467 Flrat~lt;ahould'~Sett~ted;thst:the~C&V6~sPriog. tee~a~hiVt~ ~portiOipat~d~d~the~City*o~slndlot~f0otboll~prog~sm~for~e~n~ibor~ of ~eare.~*lt'hsa.bneo a.'pleasoat~oad ea$oyo~l~ess~elatiso~.Tbn~ hove added much to the Leag~e,-they ha~e.been~good~co~petftor~' sad they hove been cooperative ia the pronStion of this phase or i Tb~ b~ckgroaadte*the'situotiou;ls, os~followsb.~ For;a-nuwber of years County teams,particip&ted.ia~City~leaSue$i~ln, sasdlot~ football,as well es ether.sPorts,=~ithout~laoirring~ony~direet)~. cost thereforq.' .About!two years ago wa'administratively appro'a~hed Council for additional funds tosuStoin.the cost of_the conduct. of certain of the athletic programs psrtlcutarly/soadlot football. The problew-at the:tlme-wos~-that~the~oumbqr_of~tesms, both City_and County, that/were requesting to"be'in:the program had grown to m point that me had insufficient funds to.undermrite.the costs of the program. Some of the members of the City Council way recall that we hsd womentorlly cut_off additional teams coming into our League , because of insufficient funds and-this produced some direct urging by participants upon Cooncll for more appropriations. At that tine the City Council raised the questions as to the ex~ent or partici- pation by County teams and the extent to which they mere assuming officiating. It represented for each teaw per game $20, or four officials at $5 each. The City Council determined that it mould be acceptable if the Conntyts share he hawed on one-half of the $20 or $10. This goversment,.agreed to pay this one-half or $10 for each game a~d in nature that the City would pick up a ~lmilar share of officiating. paying directly to the officials their share. In other words this is Rot a matter of a fee charged by the City nor does the City and tbs City of fudds. As to the Cltyts participation in this agreement, ! believe that I am,correct in saying that there has not been,any payment by the City for officials for games of County activities wherein City teams have participated. The basis upon this Is that we have not agreed to pay officiating for City teams in the County because of the availability of leagues within the'City. Rhat now hhppens is that with what is understood to be the football, Roanoke County says that they will not be responsible for payment of officiating for their County teams In any City leagues. Under the policy, It is construed that the Cave Spring why they appear before Council on the basis that the funds would the City. This combined with the current yearns budget situation assume either the one-half or $10 or the full share or $20 and : still maintain the expe~ed in=City teams within the sandlot program. ~e would hav~ to have a direct appropriation from the City Council sharing in the cost of officiating as is directly attributable.to the O_ Respectfully submitted, S/ Jallae F. Hir~t Julian F. Hirst City Manager~ Mr. Mheeler moved that Council concur la the vecommeadatioe of the City Manager and that the veqaest of Mr. Martin be denied. The motion was seconded by Mr. Trent amd unanimously adopted. ALCOHOLIC REYERAGES: Council having referred to the City.Manager for stud report and recommendation a communication from Mr. Robert G. Jones. requesting that a detoxification center be established in the City of Roanoke. the Cit~ Manager sub- mitred a wvltten report suggesting that this be regarded as a matter which can be coosidered at Some later date when it is possible to better formulate a report. Mr. Nheeler moved that Council concur in the report e£ the City ManagerZ The notion was seconded by Mr. Trout and unanimously adopted. MUNICIPAL BUIL~XNGX The City Manager submitted a mritten report advising that moving to the hem Municipal Building Aanexwill commence on August 2. 1970. that the contractor Is not expected to complete all cf the details cf the construction until the latter part of August and recommending that Council meetings not be transferred to the new building for several weeks. : Mr. Trout moved that Council Concur in the recommendation of the City Manager. The motion was seconded by Mr. Wheeler and unanimously adopted. BUDGET-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: The City Manager .submitted the foil,ming report outlining park and playground improvements proposed by the Department of Parks and Recreation from the $200000,00 appropriated in tie 1970-71 budget for the upgrading.of recreation parks within the city: mR*an*kc. Virginia August 3..lgTO Honorable Mayor and City Council : Roanoke. Virgioia .Dentlemen~ . There isapProprlated within thehadget £or the Department of Parks and Recreation. $20.000 for upgrading of recreation parks~'withln the City. This sum in in addition to specific appropriations of $1.000 for.night light basketball court in Eureka Park; $6.000 for~llghtlng of the athletic field at Strauss Park; $2.000 for night lighting two basketball courts at Melrose ~ark and certain maintenance mork on buildings. It is proposed by the department that the $20.000 be ex- pended on the following park and playground improvements: l. llth and Moorman N. M. i. Basketball Court $750.00 2. Melrose Park a. 1.000 feet. of nice (g) gauge t~o (2u) inch mesh ten (10) feet high chain link fence $2.000.00 · 3. Stauotoo,Park. a. Outdoor water fountain 500.00 b. Outdoor night-lighted basketball court 1~00.00 c. Playground equipment 1,500.00 469 ,4, Hart Park n. Oatdoor water foantain $ SO0.O0 b, *aid*or night-lighted bashethall coat* 1,500,00 5. Preston Park n. Resarface three (3) tennis coarts 2,250.00 6. Flshburn Park ~,500.00 a, Resarfoce two (2) tennis coarts 7. Ear*ha Park a. Hight light present tennis qourtS 3,000.00 O, Hight light Little Leagae Baseball Field 5.000.00 at Eareka $20,000.00 This li~t was reviewed with the Community Relations Committee at their meeting July 28 in consideration of the stady that a sub- committee of the Community Relations Committee made Of the City's park system. The Community Relations Committee concurred In these items of improvements. Respectfully Submitted, S/ Julian F. Birst Julian ~. Hits* City Manageru Mr. Trout moved that Council concur in the report of the City Manager. Th motion was seconded by Mr. Wheeler and unanimously adopted. WATER DEPARTMENT: The City Manager submitted a written report concurring in the following report of a committee recommending that the low bids of Neptune Meter Compa0y, Rockwell Manufacturing Company, Hersey-Sparllng Meter Company, and Badger Meter Manufacturing Company, for the purpose of various types of water meters for use by the City of Roanoke Water Department during the period beginning Aagust 1970, and ending July 31, 19~1, be accepted: "July 27; 1970 Honorable,Mayor and City Council Roan*kef,Virginia Gentlemen: After due and proper advertisement, bids were received Il the office of the Purchasing Agent and publicly Opened at 11:00 June 16, 1970 for supplying mater meters to the Water Department for a period of twelve months beginning August 1, 1970 and ending July 31, 1971. As shown by the attached tabulation, bids ~qre received from four firms with the low bids being as follows: Neptune Mqter Cflmnanv. Saddle ~rook. New Jersey Approximate Type of Unit ~ , M~t~T Price 1,000 5/0" Cold Water Meters $34.50 Less trade allowance.for 1,000 Scrap Meters · 4,95 Net total after deducting trade allomance $2g.55 SO0 5/8" Cold Water Meters (no scrap,meters ~o be traded) $34.50 Herse¥-SDarlino Meter Company. Dedham. MasS. , IO 3/4" Cold Water Meters $51.?0 '25 1" Cold Water Meters 75.70 4 I 1/2" Cold Water Meters 141.75 4 2" Cold Water Meters 213,10 [/ Rockwell Manufacturina Camm nv. Pittsburoh. ~q, 4 3u Compound Mater;Meters $620,94 · 2 6~ Compound Water Meters, 2,071.68 .1 Manifold C~mpouod Unitt equivalent to 6" Compound Mater Meter 2,863.50 Baduer Meter Ufa. Co.: Milwaukee. Wisconsin 4 4" Compound Mater Meters 1,034,39 4 6" Detector TYpe Meters 456.46 4 B" Detector Type Meters 66%49 In the re~iewleg of the bids' by the undersigned committee and the Water Department Manager, it was determined that the low bids conform to all specifications and requkements of the City of Roanoke. The right is reseryed by, the City to make separate awards on the water meters, and, thereforet it is the recommendation of the committee that the low bids be accepted as outlined above. Respectfully submitted, S/ Byron E. Hamer Byron E. Hamer S/ Rex T. Mitchell, Jr. Rex T. Mitchell, Jr, ,S/ Bueford H. Thompson Hueford B, Thompsonu Mr, Wheeler moved that Council concur in the recommendation of the City IMan~ger and that the matter be referred to th~ City Attorney for preparation of the iproper measure. The motion w as seconded by Mr. Trout and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSIIfl/SS: CONSIDERATION OF CLAIMS: NONE. INTROOUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No, 19275, vacating, discontinuing and closing three alleys extending from,the easterly side of Morrlll Avenue, S. E., to the westerly side of 6 1/2 Street and extending £rom the easterly side of 6 1/2 Street, S. E., to the westerly,side of an,alley which parallels Tth Street, having previously been before Council for its first reading, re~d and laid over, was again before the body, ir. Wheeler offering the foll~wiag for its second reading and final adoption: (~19275) AN ORDXNANCE permanently abandoning, vacating, discontinuing and closing.three (3) alleys and altering 6 1/2 S~reet i~ the Southeast section of the City of.Roanoke, all appearing on the Map of Christian Heights dated May 2, 1925, prepared by #. Lofton Smith and of record in the Office of the Roanoke ~ity Engineer under File ~2391, and further shown on Sheet a414 of the Official Tax Appraisal Map of the City of Roanoke. (For full text, see Ordinance Book No~'34,'page 406.) 4.71 Mr. ~heeler.moved the odoption of the Ordinance, The motion wes seconded by Mr**Tromt and adopted by the follonlng votes AYES: Messrs. Boswell, Trout, ~heeler and Mayor ~ebber ......... NAYS: None 0 (Ressrs. L~sk, Perklnson and Thomas absent) SK[ERS AND STORM DRAINS: Cooncll having directed the City Attorney to pre. :are tie p~oper measure offering to delete the requirement of the City of Roanoke of lhe installation of certain parallel saner lines and the Installation of special holdin5 tanks node applicable to the offer of the city to accept for transmission and treatment ceftin wastes from two ovens of lond,I~ Roanoke County as heretofore provided in Resolution No. 16669, adopted April 29, 1969, he presented sane; wheveupol Mr. Mheeler offered the following Resolution: (~19293) A RESOLUTION offering to delete the Cltyts requirement of the installation of certain parallel sewer lines and the installation of special holding tanks made applicable to the Cltyts offer to accept for transmission and treatment certain wastes from,two (2) areas Of l~nd in Roanoke County as heretofore provided in Resolution No. 18669, adopted.April 29, 1969. (For full text of Resolutiont see Resolution Book No. 34, page 411,) Mr. ~heeler moved the adoption of the Resolution. Yhe notion was seco nded by Mr. Trout and adopted by the following vote: AYES: Messrs. Boswell, Zrout, Mheeler and Mayor Nebber NAYS: None 0 (Messrs. Lisk, Perkinson and Thomas absent) SEWERS AND STORM DRAINS: Council having directed the City Attorney to pre- pare the proper measure concurring, generally, with:the report of the Sewer Committee made to Council in writing under date of July 27t 1970, insofar as ~id report reflect~ the views and positions stated by said committee members,meeting with representatives of the,other governmental units of Roanoke Valley, he presented same; whereupon, Mr. trout offered the following Resolution: (~19264) A RESOLUTION concurring, ~enerally, in a report of the Conocll*s Sewer Committee made July 27, 1970. (For full text of Resolution, see Resolution Book No. 34, page 412.) Mr. Trout moved the adoption of the Resolution. Zhe motion w as seconded by Mr. Boswell and adopted by,the following vvte: AYES: Messrs. Boswell, ~rout, Wheeler and Mayor Webber .......... 4. NAYS: None ............................................... O. (Messrs. Lisk, Perkinson and Thomas absent) At this point, Mr. Perkinson entered the meeting. ZOninG: Council having directed the City Attorney to prepare the proper measure approving the restoration,or zeconstr~ction nod use of a certain nonoonfornls structure, 5pon premises located at 1035 Lafayette Boulevard, N. W** to be used for 473 retail grocery store and barber shop, but not to be used for the sale of alcoholic beverages on Sundays prior to the hour of I p.mo0 he presented same; whereupon, Hr, .Perkinsen offered the fell*ming Resolution: ~ (Ulg285) A RESOLUTION approving the restoration or reconstruction and use of a certain nonconforming structure, upon premises located at 1035 Lafayette Boule- vard, N, W., being Lot l, Block 30 according to the Map of Villa Heights and bearing Official No. 2431401, (For full text of Resolution, see Resolution Book No. 34, page 413.) Hr. Perklnson moved the adoption of the Resolution, The motion was sec,ndE by ~r. Trout and adopted by the following vote: AYES: Messrs. Boswell, Perkins,n, Trout and Rheeler ..................4. NAYS: Mayor Webber .................................................. 1. (Messrs. Llsk and Thomas absent) HEALTH DEPARTMENT-DEPARTMENT OF PUBLIC RELFARE: Council having directed the City Attorney to prepare the proper measure authorizing and directing the City Manager to agree and enter into contract with Community Hospital of R~noke Valley, Gill Memorial Hospital, Lewis-Gale Hospital, Medical College of Virginia, Roanoke Memorial Hospital, Shenandoah Hospital and the University of Virginia Hospital, pro- viding for hospitalization, treatment and inpatient care of indigent and medically indigent patients of the City of Roanoke retroactive to Jhly 1, 1970, he presented same; whereupon, Mr. Perkins*n, offered the following emergency Ordinance: (a19296) AN ORDINANCE authorizing c~rtaln contracts to be entered into with certain hospitals to provide hospitalization and treatment of indigent or medically indigent patients; fixing the rates to he paid each such hospital for such services during Fiscal Year 1970-1971; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 414.) Mr. Perkinson moved the adoption of the Ordinance. The motion was sec*nde( by Mr. Trout and adopted by the following vote: AYES: Messrs. Boswell, Perkins*n, Trout, Wheeler and Mayor Webber ......S. NAYS: None ........... ~ ......................................... O. (Messrs. Llsk and Thomas absent) TRAFFIC-STATE HXGHRAYS: Council having directed the City At*or*ay to pre- pare the proper measure generally concurring in a report dated June 4, 1970, of the City of Roanoke Highway Safety Commission made to the Council at its meeting on July 6t 1~70, and generally approving the 1970 Program for Highway Safety proposed b~ said Commlssiont be presented same; whereupon, Hr. Trout offered the following Resolution: (elg287) A RESOLUTION approving a report of the City of Roanoke Highway Safety Commission recommending a 1970 Program for Highway Safety mithln the City of Roanoke; and providing for the transmittal of a copy of such report to the Governor of Virginia, through the State Highway Safety Division. (For full text of Resolution, see Resolution Book No. 34, page 415.) Mr. Trout moved the adap*leu or the R~nolutlon. The motion ms seconded by Br. Wheeler end adopted by the following rate: AYES: Nessrs. Bosmell, Perklnson. Trout, Wheeler and Mayor Webber ....... 5. ~AYS: N~ne ........................................................ O. (Messrs. Link and Thomas absent) MOTIONS AND,MISC£LL~EOUS BUSINESS: ~ONE, There being no further business, Mayor Webber declared the meeting adjourned. APPROYKD ./City Clerk Mayor COUNCIL, REGULAR MEETING, Mosdsy, August lO, 1970o The Council of the City of Roanoke met tn regular meeting ia the Coascil ;humber in the Municipal Building. Monday. August 10. 1970. ot 2 p.m.. the regular meeting hour. utah Mayor Rabbet presidino. PRESENT: Conncilmen:John M. B,smell. David K. Llsk. Frank N** Perkissnn. Jr.. Hampton W. Thomas. James O. Trout. Vincent S. Wheeler nad Mayor Roy L. Webber ............................. 7. ABSENT: Hone ............ O. OFFICERS PRESENT: Mr. Julian F. Hlrst, City Manager sad Mr. J. Rd era Thomas, City Auditor. INVOCATION: The meetinG was opened math a prayer by the Reverend Halbert Dora, Pastor, Good Shepherd Lutheran Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council having set a public hearing for Monday. August 10. 1970. on the request of the Ebenezer African Methodist Episcopal Church, that property located on the east side of Lafayette Boulevard,:N; R.~betmeen.Lafayette Bonier,rd and Cove Road, described as Lot 4, Block ID, Villa HeiGhtst Official Tax Nos. 2450201 and 2450202, be fez,ned from RS-3, Single-Family Residential District, to C-I, Office and Institutional District, the matter was before the body. In this connection, the City Planning Commission submitted the f,Il,ming report recommending that the request for ~zonlnG be denied: "July 2, 1970 The Honorable Roy L. Webber. Mayor and Members of City Council Roanoke, Virginia The above cited request mas considered by the City PlanninG Commission st its regular meetings of both June 17 and July I 1970. Reverend Allison, appeared before the Planning Commission and stated that his rezoning petition is predicated on plans to rent space out in his parsonage for office and office-related uses (an insurance firm. a scholarship fund organization, and an oriSon'for Oabney*s Floor, Inc.); no structural chun,es of this building would be involved. (The church also located on this lot mould continue in its present use.} The Planning Director when questioned by the Planning Commission on the feasibility of thiz rezonkg request being handled rather aa a special exception noted that according to the Zoning Ordinance this course Of action could not be f,Il,ned. Mr. Joseph M,,tmon, an adjacent property owner, presented a petition to the PlanninG Commission signed by approximately 50 residents opposing this fez,ming request (or any rezooinG on the 1SOD block of Lafayette Blvd.) and categorically stated that he wast himself, opposed to any zoning changes in this area. Mr, David'Burch mbo plans to conduct an insurance business at the parsonage stated that it was certainly not his intent to down- Grade the area but rather on the contrary to improve it. He noted that ·l~h~*~ blo~h populotios ·eying t~'the Horthnefl there u~s · need for beslansseo to serve this BOm population. In addition, he nbted, that there Is · dire need for business opportunities in the ¢it7. purtloularll for the loueg people of Roanoke, #rs. Sicholes, a resident or this area, fluted that uhe urn opposed to tel badness locstieg fu ihlu arno. citing the importance o! melntsiling the renidemtlol character of the nrea essential to the uelfere'o~ her children, fid those of her neighbors. Mrs. Saeilmood. i resident or' the area, noted thus it ·es not · fear* for eeI businesses to locate in thin residential er~n; uhe crime ~rou s *slum* uYee ~riginell! end' these proposed business uses mould result In the deterlorotion of this ires eventunll7 turning it Lng into u alum, she stete~. Mr. Perdne, · resident of this are'a, stated that he hod ·orbed hard ill his life to find o decent place to lire, aU that these business uses mould eventunll! turn the' surrounding stem into · slum. Kr. Jordan, a resident of the' oree. que~stinned the Planning Commission on the uses permitted io C-I district: Mr. Pnrrott, Chairman of the Planning Commission read from the nosing ordinance the uses permitted in the C-I zoning designation. After due consideration of this petition, a notion was made and duly seconded that a recommendnt'Jon be made to the City Council that this request be approved, with · subsequent vote of 3 ayes and 2 males. Since the motion to approved failed to carry, it ia the recommendation of the C~y Planning Commission to City Council that this request be denied. Sincerely, S/ John B..Varrott by L. #. John H. Parrots Chairman' The Reverend Robert S. Allison. Chairman of the Board of Trustees of the £henezer African Methodist Episcopal Church, appeared before Council in support of the request for rezoning end stated that it is proposed to rent out space in the parsonage of the church for office andoffice related uses and that no structural changes ~ill he required. Math reference to the Batter, a petition signed by 39 residents in the vicinity Of Lafo~ette Boulevard and Cove Road, ~.M.. objecting to the requested rezoning. ·as also before the bod~. Mr. Joseph C. Moorman, 1610 Cove Road, N.M.. appeared before Council and advised that he is very much opposed to the rezonin~. Mr. David Batch appeared before Council in support of the request for rezonhg and advised that it is his plans to conduct au~surenee business at the location. After a discussion of the matter, Hr. Link ooved that the petition Signed by 39 residents in the area opposing.the request for reznning be received and filed. The ~otion mas seconded by Mr. Trout and unanimously adopted. Mr. ~iuk then moved that Council concur in the request for Eezouing and that the Sellouts· Ordinance be placed upon iti first reading: ¢=1~28~) ~ OiDINA~C£ to amend Title X¥. Chapter 4.1. Section 2. of The Code of the Cia! of Roanohe. 1956, as amended, and Sheet No. 245. Sectional igb6 II Zone Map, City of Roanoke, In relation to zoning. RHEREAS, application his been nude to the Council of the City of Roanoke to hove L~t 4, Block 10, Nap or Villi Heights, official Tax Has, 2450201-2450203 rezoned from RS-3, Single Family Residential District. to C;I, O~fic? amd Institution Districts amd NHEREASo the City Plnnnlbg Commission bus recommended that the hereinafter described land not be rezoned from RS-3, Single Family Residential Dlstr~ct, to C-I, Office nad Institutional District; and WHEREAS. the nritten notice and the posted sign required to be published nnd posted, respectively, by Section ?1o Chapter 4.1, Title IV, of The Code of the City of Roanoke, 19S6, us amended, relating to Zoning, have been published end posted as required and for the time pnovided by said section; end WHEREAS. the hearing as provided for in said notice mas held on the lOth day of August, 1970, at 2p.m., before the Council of the City of Roanoke, et mktch hearing nil 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 us herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title X¥, Chapter 4.1. Section 2, of The Code of the City of Roanoke, 19S6, as amended. relating to Zoning, and Sheet No. 245 of the Sectional 196S Zone Rap. City of Roanoke Property located on Lafayette Boulevard. H.N., described as Lot 4, Block 18, Hap of Villa Heights. designated on Sheet No. 24S of the Sectional 1966 Zone Hap, City of Roanoke. an Official Tax No, (s) 2450201-2450203. inclusive, be and is bern- by, changed from RS-3, Single-Family Residential District, to C-l, Office and Insti- tutional District, and that Sheet No. 245 of the aforesaid mop be changed in this respect. The motion wan seconded by Mr. Trout and ado~ ed by the follomin9 vote: AVES: Messrs, List, Perkinson, Thomas, Trout, Wheeler and Mayor Webber--6. NAYS: Mr. Boslell ....................................................... 1. PETITIONS AND COMgUNICATIONS: BUDGET-SCHOOLS: A communication from the Hounoke City School B~ rd. requesting that $9S,000.00 be appropriated to Section =66000. "Schools-E.P.I.C.." of the 1970-71 budget of the Roanoke City School Board, to provide funds for u project to improve educational opportunities in the inner city schools, said amount to be 100~ reimbursed from federal funds, mas before Council. Hr. List moved that Council concur lntbe request of the Rmnoke City School Board and offered the folloaing emergency Ordinnnce; 477, · (m19289) AN ORDINANCE to imend nod reordnia Section ~66000,#Sehools - P~I.Co** of the 1970-7I ApproprJntJom Ordinance, gad providinD for on emergency. (For full text of Ordinance, see Ordiaonce Eook~No; 34,ipnge 416.) Mr~ Lfa& .eyed the adoption of the Ordiennce. The motion moa seconded by Mr. Thomas nnd adopted by the folloning vote: AYES: Messrs. Lfsk, Perf~hson, Thomas, Trout, Wheel~ and Meyer #ebber~--6. NAYS: Mr. Bosuell .................. ~ ........... ~ ....................... 1. BBOGET-SCBOOLS: A communication from the Roanohe Cio! School tie. rd, requesting that $10,234.00 be appropriated to Section z65000, ~Schools-Adult Basic Education, ~ of the 1970-71 budget '~f the Rooooke City School Bard, was before C~ucil Mr. Wheeler moved that Council concur in the request of the Roanoke City School Board and offered the follouing emergency Ordioonce: (n19290) AN ORDINA~C£ tO amend and reordain Section :6§BO0, #Schools- Adult Basic Education,~ of the 19?O-?l Appropriation Ordinance, end provldhg for an emergency. (For full text of Ordinooce. see Ordinance Book No. 34. page 417.) Mr. Wheeler moved the adoption of the Ordinance. The motion nas seconded b~ Mc. TrouL and adopted by the following vote: AYES: Messrs. Lts~, Perkonson, Thomas, Tro~t, Wheeler and R~ or Webber-~6. NAYS: Mr. Bosuell ........................................... ~ .......... ~REET LIGHTS: A communJcotJon from the Appalachian Power Company, transmitting a~list of stre~ lights installed and/or removed during the uonth of July, i970, mas before CouacIl~ Hr. Perkinson moved that t~e communication be received and filed. The motion was seconded by Mr. Trout and unaninously ~dopted. STREET LICHTS: A communication iron Mr. R. R. Ewing, renewing a request for the installation of n street lioht on the no,th side of the 700 bloc~ of ~hite Oat Road, S.W., ~as before Council. Hr. Tbouas moved that the comuuni~ation be referred to the Citl Rane~r rot stud~, report and recomnendation to C~cil. The notion w~s seeded by Hr. Trout and unaniuousll adopted. RADIO-TELEVISIONoCO~CIL: A communication from NRRA-TV, Channel 15, requesting permission to record Council neetinos each week b~ ua~ of video tape be9lnnind go~da~, September 14. 1970, sas before Council. Mr. PerkinsBn moved (hat Council concur in the re,nest and that permission be oranted. ~he motion'was seconded'b~ Mr. LIsk and unanimousl~ ado~ ed. ~O~I~G: A petition of Mr. Leon R. Kitchen, Attorney, repr~ entino Mrs. Ruth C. Omen. requesting that propert~ located on ~illiamson Road, N. ~.~ between Hawthorne Road end Woodbur~ Street, described as Lots 3-~, inclusive, Block Official ~ex Was. 2190303 - 2190306, inclusive, be rezoned ~rom C-l. Office and Institutional District, to C-2, 6eaerm I Commercial District. ~as before Council. ,! Mr. Perkioson moved that the request for resorting be referred to the CJt7 ~lsssfng Commission for ~otudy. report and recommendation to Council. The motion sss seconded by Mr. Thomas sad unanJmousl! adopted. SALE OF PROPERTY: A communication from Old Dominion Homes. Incorporated. offering lo purchose city-o,ned property located on Linden Street. S. R..'described us Lot 23. Hellevieu Terrace Land Hip· official Tax Ho. 404180S. for the sue of $800.00. mss before Council. Mr. Thomas moved that the matter be referred to a committee composed of Messrs. David K. task. Chairman· Julian F. Hiram. James H. Kincnnon end J. Robert Thomas for study.report and recommendation to Council. The motioa mas seconded b7 Mr. Trout and ununimousl! adopted. HOUSING-SLUW CLEARANCE=SCHOOLS: A communication from Dr. Wendell fl. B.d]er. tendering his resionatlon au a Commissioner of the City of Roanoke Redevelop- meat and Housing Authority us a result of his appointment aa u member of the Roanoke City School Board. was before Council. Mr. Wheeler moved that,s resignation be accepted. The motion uaw seconded by Mr. Thomas and unanimously adopted. REPORTS OF OFFICERS: SALE OF PROPERTY-PARES AND PLAYGROUNDS: The City Manager submikted s written report requesting authorization to purchase property o,ned by Mrs. Pearl Jackson located at the southeast corner of Washington Park, described aa Lots IT and IH· Clyde Land Hap, Official Tax Nos. 2031909 and 2031910. as un addJtJbn to Washington Park. for the sum of $9.000.00. cash. Mr. Llsk moved that Council concur in the request of the City RnnuRer and offered the foiloming emergency Ordinance: (~19291) AM ORDIMA~CE providing for the purchane of Lots l? and IH. according to the Clyde Land Rap. being Official Numbers 2031909.and 2031910, as an addition to the CJty*e MashJnRton Park, upon certain terms and conditions; and pro- (For full text of Ordinance. see Ordinance Book 34. page 417.) Mr. Link moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler end adopted by the folloming vote: AYES: Wessrs. Boswell, Ltsk, Perkinson, Thomas · Trout, Whee~er nnd May or Webher~ .............................. 7. ~AYS: None ................O. BUDGET-PAY PLAN-CITT ERPLOYEES-DEPARTREN'f OF PL~LIC WORKS: The City Mahomet again submitted a written report advising that he has appointed Mr. William F. Clark as Director of Public Works effective August 1, 1970, at a rate of $16.002.C per annum and that he has appointed Mr. Samuel H. McGhee, III, as'City Engineer effective August 10 1970, at a rate of $14.520.00 per annu~, recommending that he be permitted to eatebllsh the usu positio· of Oper·tions aemager ia the Pay ~lon to be u·der the direction of the Director of Public Works and requesting that be be permitted to request at · liter dele that the operation of the Seus~ge Treutmemt Pla·t be placed u·der the directioo of the Deportment of Public Works. Mr. Porkinson moved that Cou·cil co·cur ic the report of the City Neo~r and offered the follouing Resolutio· confirming the 8ppoi·tme·t of Clark as Director of Public Works and WF. Samuel B. WcGhee. III. ne City Engineer effective Auoiat 1, 1970: (=19292) A RESOLOTION confirmi·g ~he Citf #aneger's appoi·tme·t of Millilu F. Clark os Director of Public Works. effective August 1, 1970; and confirmia the Ctlf Wannger*i appoialment of Samuel D. McObee, Ill, as CJt~ E·gloeer, effectiv~ August l, 1970. (For full text of Resolution, see Resolution Book No. 34, page 4lB.} WF. Perkinson moved the.adoption of the Resolutio·. The~tion Has seconded b~ Mr. Trout and adopted by the follouing vote: AYES: Messrs. Boswell. Link. Perkinson. Thomas. Trot, Wheeler and Malor Webber .................... NAYS: None ........... O. Hr. Link the· offered the following emergency Ordlennce amending and reordaining Section =$5, "Engineering," Sectio· =56, "Public Works," and Sectio· =13. "Retirenents." of the 1970-71 budget, to provide funds for an a·nual salary )f $16,002.00 for the Director of Public Works. an ··nual salary of $14.520.00 for ,he City Engineer end the establishment of a nam position in the Pay Pla· of Operation laeager to be under the directio· ~ the Director of Public Works: (=19293) AN ORDINANCE to ame·d and reordain Section =55. ~Engineering," ~ection =56, "Public Works." and Section =13, "Retirements." of the 1970~71 ~ppropriatJon Ordi·once, and providing for an emergency. (For full text of Ordioa~ce. see Ordinance Book No. 34, page 419.) Wt. Link moved the adoptio· of the Ordi·ince. The motio· was seconded fro Thomas and adopted by the follouing vote: AYES: ~essr~. Bosueil, Link, Perkfnson, Thomas. T~ut, Wheeler and Mayor ~ebber ........................... ?. NAYS: No·e ............ O. BONDS-CAPITAL IMPROYEMENTS:PRO~RAW-ADDI~ORIUM-COLISEDW: The City Attorne! ~ubmitted the following report transmitting · Resolution providing for O special nesting of the Council of the City Of Roanoke. Virginia, to be held on Wednesday. %ugust.190 1970, in the Council Chamber f6r the purpose of receiving, opening end :oestdering bids made to the city for the purchase;of $?.000.000.00 of civic center 3ands and $3,500,000.00 of the $16,900,000.00 bo·ds for public improvements: 'Auguat !0, 1970 The Honorable Msyo~aad Xenbers or Roanoke Cia/ Council Roanoke, Virginia Geullenea: Pnruuutt to the Couucll*u direction contained iB Resolution 19281 adopted.~alj;2?, 1970, advertisement or the Cit/*s sale of ;7,OQO,OOO Civic Center Beads, aetborfmed by Ordinance No. 16956, end sale of $3,$00,000 or the $16,900,000 bonds eutkorb~d by Ordinance No. 17413, hun been published, bids being invited to be made to the City at the Office or the City Clerk, to be publicly opened before the Mu/or uud the Members or the Council In the Council Chambers at 12:00 o'clock, Noon, on Mednesdsy, August 19, 1970. Accordingly, nad in ~rder that u Special Meeting o! the Council on the aboveueetfoaed date be authorized, I have prepared and there Is transmitted herewith a resolution by which a Special Meeting of the Conncil would be provided to be held at 12:00 otclock, Noon. on Mednesduy, August 19. 1970, In the present Council Chambers. Respectfull/, S/ J. N. Kincuuoe J. N. Ktncannn" Mc. Rheeler moved that Council concur Ja the report of the City Attorney and.offered the follouing Resolution: (n19294) A RESOLUTION proelding for a Special #eating of the Council to be held on Redneuda/, August 19. 1970. at 12:00 o'clock, Noon. (For full text.of Resolution, see Resolution Book No. 34, page 420.) Mr. Rheelermoved the adoption of the Resolution.' The mtion mas seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Hoswell, Link. Perklnson. Thomas. Trout. Rheeler and Mayor Rebber ............... 7. NAYS: Hone ...... O. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request of Mrs. Dorothy M. Stern that she be issued non-conforming permit to raze the existing store building on her property and to Destruct a nee building on said property for the same use. the City Plannin9 Commission submitted the following report recommendin9 that the r,equest be denied: "Angus? 6, 1970 The Honorable Mayor. Roy L. Rebber, and Members of City Cancil Roanoke, Virginia Gentlemen: The above cited request mas considered by the City Planning Commission at its regular meeting of August 5, 1970. Mr. N. F. Silver. attorney for the petitioner, appeared before the City Planning Commission end stated th~ the ownership of the parcel of land in question had changed, and that the new owner was E. J. Thoma. Jr. (Mrs. Dorothy M. Stern bud inadvertently failed to notify Mr. Silver about the sale of the property while this petition was still pen~mg). Hr. N. Fo Silver, al'so attorney f or the new petitioner, speci- fically requested that the Zoning Ordinance be amended to permit u property owner to raze an ~xistlng non-conforming s~cture and erect a nam structure in its place for the same use. '481 Some members o~*he City Planning Co~ulatioe Rem,rally eared that this request mss coetrery to Sec. 38 of the Zoelag Ordinance ebich staten fa pert lbet the femoral of · buildJeg or earner,re, or damage of · structure to su extent representing more then $0 percent of the replacement cost eliminates the non-conforming status of the building or atructure. Is edditton, the members of the City Pleenlng Commis- sion mere geeerelly adverse to the perpetuation of i nonconforming use. Accordingly, motion mst made, duly seconded end unanimously epproved recommending to City Council that this request be denied. Sincerely. S! John H. Pnrrott by L. #. JOhn H. ?errata Chairman? Mr. Thomas moved that Council concur in the recommendation of the Planning Commission ad that the request be denied. The motion mas seconded by Mr. Trout and unanimously adopted. ZONING: Council baring.referred bach to the City Planning Commission for a definite recommendation the request of Mr. Stanley C, Reinberg, et mx., that property located on the northeast corner of Brendon Avenue and £dgemood Street, S,W** described as a part of · five acre tract of land. Peringer Lands. Official Tax No. 1610204, be rezoned from RG-I, General Residential District, to C-2. Can,roi Commer- cial District, the City Planning'Commission submitted a mritten report recommending that the.request be denied. In this connection, a communication from Mr. Walter W. Wood, Attorney, representing the petitioner, advising that his clients desire a public hearing on the request for rezonin9, was also before the body. Mr. Trout moved that n public hearing on the request for rezoning be held at 2 p.m., Tuesday, September 8, 1970. The motion mas seconded by Mr. Lisk and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Planning Commis- sion for study, report and recummendatton an application of Interstate Equipment Corporation, requesting that all that portion of an alley or roaduay known as Jackson Avenue. S. W., between the east line of 9th Street and the east line Of 9 1/2 Street. S.W.. bounded off the north by the Norfolk and Western Railway Company right of way and on the south by Lots 6 and ?, Section .15, and Lot 9. Section 10, J. Webb Hap, and s portion of 9th Street, now closed, be vacated, discontinued and closed, the City Plsnr~flg Commission submitted a written report recommending that the request be granted. Mr. Trout moved that e public hearing on the request for vacating, discon- tinuing and closing the alley be held at 2 p.m., Tuesday, September B, 1970. The motion mas sec'onded by Mr. Wheeler and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AM)CONSIDERATION OF ORDINANCES AND RESOLUT~NS~ - COUNCIL: Mr. Wheeler offered the folloming Revolution chnnglng the date u regulur meekly meeting or the Council of the City of Roanoke from September 1970, nt 2 p.m** to September 8, 1970, at 2 p.o.; * (a19295) A RESOLUTION chungiu0 the date of u red,let oeekly meetbg of the Council of the City of Roanoke. (For full text,of Resolution. see Resolution Rook No. 34, page 420.} Mr. Wheeler moved the adoption of the Revolution. The motion was seconded by Mr. Trout nnd adopted by the ~follomlng vote: AYES: Messrs. Boswell, Llsk, Perkinson, Thomas, Trout. Wheeler und Mayor Mebber ............................... 7. NAYS: None ................O. PARES AND PLAYGROUNDS-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper measuremuking provision for a new sanitary landfill location, authorizing agreements to be entered into with Wells Furniture Company. Incorporated. and Norfolk and Western Railway Company relative thereto, and authoriz- ing the use of dirt on public property on the north side of Dale Avenue. S. E.. by grading, for cover material, he prev~ed yuma; whereupon, Mr. Wheeler offered the following emergency Ordinance: (x19296) AN ORDINANCE making provision for a certain neb sanitary landfill location; authorizing agreements to be entered into with Wells Furniture Coupany, Inc.. and with Norfolh nod Western B~ilway Company relative thereto; authorizing use of certain dirt on public property on the north side of Dale Avenue. $. E.. by gradln for cover material; and providisg for au emergency. (For full text of Ordinance. yen Ordinance Book No. 34. page 421.) Mr. Wheeler moved the adoption of the Ordinance. The motion may seconded by Mr. Link and adopted by the folloming vote: AYES: Messrs. BovNelI. Link. Perkinvon. Thomas. Trout. Wheeler and M~ or Webber ................... NAYS: None .... O. WATER DRPARTMENT: Council having directed the City Attorney to prepare the proper measure providing for the purchase of various types of water meters for use by the Mater Department during the period begtnninR August 1. 1970. and ending July 31. 1971. he presented same; whereupon. Mr. Thomas offered the following emergency Ordinance: (~1~297) AN ORDINANCE providing for the purchase of supplies of various types of water meters for use by the City*s Water Department during the period of time beginning August 1. 1970. and ending July 31. 1971. upon certain terms and provisions, by accepting certain bids made to the City; rejecting certain other bids and providing for an emergency. (For full text Of Ordinance. see Ordinance Boor No. 34. page 422.) 483' Nc. Thowss moved the adoption of the Ordinance. The motion uno seconded )7 Mr. Trout end edopied by the follouleg vote: AYES: #essre. Boswell. Link, Perkinsoo. Thouee, Trout, Wheeler Bud #syor Mebber .......................... T .... NAYS: Note ........... O, BUDGET-CITY ATTORNEY-mUNICIPAL COURT: Mr. T.homes offered the following emergency Ordinance s~ending end reordcinioo Section =4, "Attorney.' end Section =20, "Municipal Cocrt,' of the 1970-71, budget: (u19290) AN ORDINANCE to emend end reordain Section =4, "Attorney," sad Section =20, "Municipal Court,' of the 19TO-TI Appropriation .Ordinance, and providing (For full text.of Ordinance. see Ordinance Book No. 34, page 425.) Mr. Thomas moved the adoption of the Ordinance. The motion mas seconded by Mr. Trout sod adopted b~ the folleu~ vote: ,. AYES: Messre. Boswell, Link, Perkinson, Thomas. Trent. Wheeler and Mayor Webber .................... 7. NAYS: ~one ........... O. MOTIONS AND MI~CELLAN£OUS BUSINESS: FIRE PROTECTION: The City Clerk reported t~at Mr. Wilfred C. Troynham has qualified as a member of tbs Board of Fire Appeals for a term of four years ending June 30. 19T4. Mr. Boswell moved tm the report be received and filed. The mot~n was . seconded by Rr. Trout and uflani~ously adopted. There being no further business. Mayor Webber declared the meeting adjourn- ed. ATTEST: ~/ity Clerk APPROVED Mayor .4 5 COUNCILt REGULAI~ MEETING, Monday, AUgust 17, 1970, The Council of ~he City of Roanoke met in regular mae*iud ia the Council Chamber in the Menlcipal Building, Monday, August 17, 19700 at 2 p,m** the regular meeting hour, uith Mayer Yebber presiding, PRESENT~ Councilmen John M. Boswell, David E. Lisk, Frank N. Perkins,n, Jr Hampton M,'Thomas, James O. Trout, Vincent S. Wheeler and Mayor Roy L. ARSE~T: lo · OFFICERS PRESENT: Mr, Byron E. Hamer, Assistant City Manager, Mr. James ~ Elncanon, City Attorney, and Mr. J. Robqrt Thomas, City Auditor. iNVO~ATXON~ The meeting was Opened mith a prayer by the Reverend N. M. Crampacker, Pastor, Ninth Street Church cf the Brethren, MINUTES~ Copy 'of the minutes of the regular ~ee~ing held on Monday, July 270 1970, having been furnished each member of Council, on,motion of Mr. Perkins*n, seconded by Mr. Lisk and unanimQusly adopted, th~ reading thereof mas dispensed with and the minutes approved as recorded, HEARIND DF ~IT~ZENS UPON PUBLIC MATTERS: POi. ICE DEPARTMENt: Mr. Samuel A. Garris un, Ill, Commonwealth's Attorney, appeared be~ore Coqncil and advised that the Roanoke Valley Law Enforcement Council, an organization Consisting of the chiefs of police and Comnonwealth*s Attorneys and their assistants Of the City of Salem, the City o~ HoRn*ko, the Town of Yin*on and Roanoke County has requeste~ th~ Uommnawealthes Attorney of each of the political subdivisions iq the Roanoke Valley to submit to his resp~ctive gev*ruing body a proposal for the establishment of cooperative police services among'the valley governments, as authorized by. Sect~ons 15.1-131.3 and 15.*1-159.? of the 'Code of Virginia of 1950, a~ amende~, poietiflg out that this p~oposaI would grant to all dui appointed regular police officers, sheriffs or deput~ sberiff~ of each county, city or town whose governing body enters into this agreement the same pow*rand authority to make arrests,, execut~ sea'ch and arrest wqrrants, or otherwise perform police duties within the locality as said qfficer has within the county, city or town iwherefa he Was originally appointed, provided that said County, city or town has, by appr'opriate enactment, granted to duly .appointed office~s of the locality pomer and authority to act within the territory of said countyo city or town. After a di.scussioo of the proposal, Mr. Thomas~ moved that' the matter be referred t*o the CS,tv At*or'ney a~d the City Manager for study, repor't and recommendatJ to Council, The motion mas seconded by Mr. Trout and u~aei~ous'Jy adopted. JUVENILE AND DOMESTIC RELATIONS ~O~RT: Mrs. ~l~hard L. Hyltan, Community Improvement Chairman of the Junior Moman'sClub of Ro'anoke, Inc.orporated, and a memb~ of the Board of Directors of Youth Haven, Incorporated, appeared before Council and read the ~ollomiflg ~repa~ed statement requesfl ng that Council appropriate $9,~40,00 of a total budget of $41,B20,3C to be used for the operation of a home to be known as Youth Haven, advising that the purpose o! Youth Haven is to house seven boys uS*hi the age ronda of seven to twelve mbo most be removed from their natural home by the Juvenile Court due to unfavorable environmental situations, that this home alii give the alternative in piecing n child is an envirosweat oonduslve to rehabilitation rather than pl~i~g the c~lld il s detention facility and that it will allow the Cour an opportunity to worh with the family ut the same time the child is receiving counseling in an attempt to ~llfevfat~ a ecg*tire environmental si*aa*fen: UHayor Webber and Rombera of the Council, I aw Jeanalae Hyltee. a past president of the Junior Womna*a Club of Roanoke, I~c. and currently serving as Community Improvement Chiirmac of that ovganl~ · zatJon and a member of the Hoard of Directors of Youth Haven, Icc. Prior.to this council meeting, each of you have received data on the project lncludiug the proposed budget of youth Haven. In order to clarify some of the questions about Youth Haven-- 1. What is Youth Haven? Youth Haven is a home located at, 1325 3rd Street, S. W** a properly zoned locution, to house ? boys within the age range of 7 to 12. Yhe purpose of the bone situations, must be removed from their natural hone by the · Juvenile Court. This bone alii give the alternative in placing a child in a detention facility. It will also allom the Court , an opportunity to work with the family at the same time the child is receiving COunseling, in an attempt to allle~late a negative environmental situation. The hone will adequately be staffed and community resources will.be used to neet these needs. At the present time, the Court has no such alternative. YOUTH DAVE~ will be 'the FIRS~ such facllity of its kind in .the state geared to~ard a prevenitive program of Juvenile delenquency--facllities Of this kind have proved effective in other parts of the country. Yhe conception of this type of facility is not new and citizens of this community have been aware of the need for sane time. At the time the Junior Renames Club of Roanoke established the Home- maker Service in 1965 for the Roanoke area, Mr. David Herbert, then executive director of t~e Roanoke Valley Council of Community Service, noted that one of the most pressing needs for the Roanoke area was a facility such as Youth Haven. Later, when the Jr. Woman's Club instituted the addition of a classroom and shop at Coyner Stings and financed the equipment of this room. Hr. Giles Lambert, their Superintendent, noted that one of the pressing needs in ,the area,of Juvenile problems was a facility, such as Youth Haven. With these facts in mind, the Jr. Womants Club adopted the establishment of this home as its project in the fall of 1969. The Community Council of Services was approached about the project and did an intensive study and compiled data of other such homes of this type throughout the nation. Hr. James Ford was the chairman of th~ study. Yhe conclusion of the study, by the Hoanoke Valley of Community CounCil of Services strongly endorsed the establishment Youth Haven. With the need firmly established, the Junior Woman's Club realized that this project needed professional guidance. Therefore, Youth Haven lac, was established. · The Hoard of Directors of Youth Haven is composed of James Fltppin, president, local attorney and former Juvenile Court Judge and currently substitute Judge cf Juvenile Court. Dr. John Carlton, Director of the ROanoke Guidance Center, Dr. Hay Alcorn. Superintendent, of Roanoke City Schools, Dr. Wadder Crady. a local peditrician, ar. Richard Pence, former Municipal Court Judge and legal counsel for Youth Haven and several members of the Roanoke' Junior Womants Club. Judge L. L. EDOm*Z, Jr., Juvenile Court Judge, and William Relly, chief probation officer of the Court are not members of this board, but have be. em invaluable as advisors for the project. Youth Haven has, been a community action project. The project originated with the Junior Romants Club of Roanoke, Inc. and to this , date has financially supported the home with payments for rent, utilities and some materials for remora*lo.. The Junior Romania Club revenue was from The Red Stocking Revue a~d selling 10,000 hot dogs for the Festival in the Park. It must he noted, however, that ac greemeot uith the owner reduced reutu[c'ontc~ror e~chuUge or renovationS. Area companies have donated paint, paneling, hitcheo.cabibets~iad Hen Ri~er'EleGtric:Co,: rewired the~hoee (tree) at aa estimated cost or $840.00; Members.of the club, their hcnbandn, children hbd ntudebtn from Virginia Western have'provided the manpower to make the bone livable. The Senior Club or Roeboke~alnO adOpted V,otb HaVen as their Project'and donated proceeds from the Floyd Ward Dance revue rot equipment the Home. The Brembleton~ Jr. W.maneS' Club adopted it as a project- and provided books rot the Homes, The Circle £. Club of Virginia Western adopted it aa their project and their aponsoriag Klmnnis Club members have donated some of the materials for repairs. The Roanoke County W,maceS Club adopted it also. Other civic and professional groups have given their endorsement. Because of the wide 'publicity given the project, o~e lengthy hems article meat via the A. P. mire and cirCalated throughout the state. Letters of encouragement have come from throughout the state and cue woman In Richmond even sent, a cash donation for the home. During the past session of the Virginia Legislature a bill was introduced to finance such proJects~ Me did lobby for the p~ssage of the bill, and gentleman I am quite happy to report the bill did pass. The bill provides for 100~ reimbursement to a locality for the maintenance of such a home, and provides 2/3 of the salaries for. employees of such ~ home. The criteria for the funds, is as in n,st state reimbursement, It must be applied for by the City and run through the City budget. As State funds are being used for the home, certain criteria pertaining to personnel must be adhered to. This applies to the number of employees pay scale and hours worked. Therefore, to meet these Stale guide lines it has become eecessar~ ~or the Youth Hayed Board and tho Junior M,manes Club or Roanoke to ask for the Cityts help in providing the ne'cessary 1/3 salsry require- merit. This ia the amount of $9,940.00 of a total budget of $41,D2S.38, It ls my understanding that this total amount would have to be amended to the City budget, under tho Juvenile Court Budgeto with the State reimbursing the City 100% for budgeted Items and reimbursing 2/3 of salaries. It should bls, be noted that the Jurisdiction of this home mould be under the direct* administration of the Juvenile Court ~s'prhscrlb~d~by.the~State, The Youth Haven Board Would then become our adrlsory board to the court. Therefore, I do appeal to each of you for the adoption or this proposal--Let Roanoke be the first locality la the State o~ Virginia to take positive action la the establishment a preventative program la Juvenile problems. And farther, let the City of Roanoke dedicate this project to the Y,aah of Roanoke and all that they may be-- After a discussion of the matter, Mr, Trout moved that Con,oil- grant the re~uest Of. the Junior W,mamas Club cf Roanoke, *Incorporatedt and the Board of Direct of Youth Haven, Incorporated, and that the matter be referred to the City Attorney preparation of the proper measure. The motion was seconded by Mr. Link and unanimous adopted. PETITIONS AND COMMUNICATIONS: DEPARTMENT OF PUBLIC I~LFARE: A communication from Mr. Cecil Simmons, complaining that hfs welfare allotment is inadequate to provide for proper nourishmen was before Council. Mr, Hheeter moved that the communication be received e~d filed. The motion was seconded by Mr. Perklnson and unanimously adopted. '487 REPORTS OF OFFICERSz. PARKS AND PL~YGROUNDS~G~RBA~E REMOVAL: The City ~ttorney submitted the following report reo~maending that Council authorize the accepta~e and executioe of a Joint deed of easement from the No~folk and Western Railway Company to the City of northerly and southerly po~tioq of two tracts of land aggregatisg 26.12 acres iocate~ on the westerl~ side of Tinker~Creek: *August 17, 1~O TheBonorab~e Mayor a~d Members of the Roanoke City C~un~ll ROanoke, Virginia Gentlemen: Council mill recall that. by O~dinance No. 16~75, adopted December 8, 1~, the purchase of two tracts, of land lying on'the westerly side of Tinker Creek, aggregating approximately 25.12 acres, from the Virginia Holding C6rporation, for a total purchase price of ~Oe000. O0, was authorized. This purchase was expressly conditioned upon the obtaining of certaip easements from the Norfolk. and Western Railway Company for ingress and egress to the aforesaid tracts Of land. The details On this matter have been, settled administratively and all that remains to he do~e is the execution by the City of the deed of easement, ~hich has been prepared by and tendered to the City by Norfolk and M~ern. The proposed deed of easement contains three clauses mhich call for obligations on the part of the City mhich obligations are set out In full in the attached ordinance. It is felt that Council approva~ of. the obligations aforesaid would be required prier to the closi.g of this matter. It la respectfully submitted thatt i* order to obtai~ the m~asure, the form of ordinance tra~smitted herewith. RespeCtfully, S/ ~. N. Klncanon J. N. ~lncanon~ Mr. Wheeler moved that Council concur i~ the reco,mmendation of the ~lty Attorney and offered the following emergency Ordi~ance: (~lg2g~) AN ORDX~CE authorizing the acceptance and execution by the Mayor and City Clerk of a Joiqt deed of easement from the *Norfolk and Western Rallwa Company to the City of Boa~oke, upon certain terms a,d conditions; and providing for (For full text ,of Ordinance, ,see Ordinance Book No. 34, page 427.) Mr. Wheeler moved the adoption of the Ordinance. The motioq was seconded by Mr. Llsk a.d adopted by the foil*win9 vote: AYES: Messrs. Boswell, Lisk, Perkins.n, Thomas, Trout, Wheeler Mayor Webber ...................... 7. : NAYS: No~e .............O. BONDS-CAPITAL IMPROVEMENTS PROGRAM-AUDITORIUM-COLISEUM: The City Auditor submitted the following report recommending the adoption of an Ordinance authorizing execution of .a contract between the City of Roanoke, Chemical Ban~ of ~m York and ~he First National Exchange Ban~ of Virginia, providing paying agency and destructlot services for bonds previously authorized which will be sold in part on August lg, ~Auges~ 13, 1970 Honorable Meyer and City Councl~ Roaaokee Virginia G~ntlemen~ Attached hereto is au ordinance uhich has been prepared by the City Attorney authorizing execution ar a contract between the City of Roanohet Chemical Hank of New York end the First , Rational E~cbange Hank,. providing paying agency and destruotJo. services for bonds previo,~y authorized which mill be sold In part on August. 190 1970. It is recommended that the ordi.a.ce be adopted. · Respectfully submitted, S/ J. Robert Thomas City Auditorw Mr. Nheeler move~ that Cpuncll co~c~r in )he recom~e~datto~ of the City Auditor a.d offered the folloul~g emergency Ordinance: (n19300) Ag ORDINANCE providing for the execution of a certai~ Paying Age Agreement betmee~ the City pf Roa~ohet as prl~oipalt and The Fl;st ~atioaal Exchange Hank of Virginia and the Chemical Banh, of gem Yorke Rem Verb, as fiscal agents of the City, rela~ing, to the City~.s payment of the bo,ds heretofore authorized by O~dloan~e gas. 1695§t I7413t 17414 and I7415, and of the Interest coupons maturing on said b~nds; and providing for the periodical destruction of the aforesaid bonds and i~terest coupons and certlftcatipn o~ the facts of ~uch payment and des*fac*ia. in the manner and form provided in § 15.1-1~4.1 of the 1950 Code of Virginia, as amended; and providi.g for a~ emergency. (For full text, see O~di.a.ce as recorded in Ordina~ce Book No. 34, page 4: Rte ~heeler moved the, adoption of the Ordinance. The me, ia, was seco.dod by Rte. ~homas a.d, adopted by the following vote: AYES: Resets. ~oswello Linkt Perhtns o.j Thomast Tr out. Rheeler a.d Raver ~ebber ........................ ~~-T. gAYS: No~e .....T ...... -T .... O. AUDITS-SCHOOLS: The City Auditor submitted ~ written report on n~ examl.a- tlon of the Monroe Junior High School Activities Fu.d $or the School year e.ded June 30, 1970, made by the firm of Anderson and Reed, Certified Public Accountants, under the direction of his office,.advising that the funds ~ere properly ha.died and accounted for. Mr. Pe~kinSon ~oved that, the report be received and filed. The motio, nas seconded by Mr. gheeler and unanimously adpptedo REPORTS OF COMMXTZE£S: NONE. UNFINISHED HUSINESS: NONE. CONSIDERATXOg OF CLAIMS: N~NE. INTRODUCTION AND CONSIDERATION OF ORDIN~qCES AND ~ESOLUYXO~S: ZONING: Ordinance Ro. 19299, rezoning property located on the east side of Lafayette Boulevard between Lafayette Boulevard and Cove Road, go ~., despribed .) 489 es Lot 4. Black 160 Villa Heights. Official Tax Nos. 2450201 end 2450202. from RS-3, Sl.gle-Famil~ HesJdentlul District, to C-la Office and Institutional District, huvin, previously bee~ before Council for its firnt readi.ge read a.d lul~ over, wes agaiH before the bodye Hr. Wheeler offeri.g the followi.g for its second reedimg a.d final adoptfou: (m19288} AN ORDINANCE to amend Title XV..Chapter 4.1. Section 2. of The Code of the City of Rea,,he. 19560 an ame.ded, a.d. Sheet. Ho. 245. Sectional Zone Map. City of Roanoke. iH relutio~ to zo, f~g. (For full. text of Ordinsace. see OrdiHa.ce Book No. 34e page 426.) Hr. Hheeler moved thc ad,price of the Ordina,ce. The mo*its was seco,dad by Hr. Link and adopted by the following vote: AYES: Hessvs. Boswell. Linkt Perki~soue Th,mast Trout a.d Hheeler ...... HAYS: Hayer Hebber-~ ................................................. 1. BUDGET-FIRE B£PARTMENT-AIRPORT: Council having adopted a~ Ordi,a~ce upprnprieting $S.000.00 to Sectio, u4?t ~Flre Departmeatt# of the 1970-71 budgets to provide fu.ds for the purchase of a 1959 Halters Crash Fire Truck from the City of Da,villa to be used at the Rea,eke Municipal (Wood'Fun) Airport. Mr. Hheeler offer the following Besolutioa accepting the offer of the Conno,wealtb of ¥1rgl.ia. acting by a.d through its Divisio, of Aeronautics to gra~t to the City of Boa,,he. u,der certeS, terms amd co.ditio.s, the sum of $S.O00. O0 to I~ used for the purchase of said fire truck: (~19301) A R£SOLUTIO~ accepting a. grant of fu.ds from the Comae.wealth of VirgA.ia. for use i, payme,t of the cost of a fire truck for use at the Boa~oke Mu~icipal Airport. u.der certain terns a~d (For full text of Resolution. see ~esolutiefl Beo~ No. 34. page Mr. Whneler moved the adoption of the Resolution..The mo*lc, was seco.dad by MF. Th,nas a,d adopted by the followi~g vote: AYES: Hessrs. Boswell. Link. Perkiaso.. Thomas. Trout. Hhe~ler a.d Mayor #ebber .................... 7. - HAYS: Hone ....... O. MOTIONS ANB HISC£LLANEOUS SPECIAL PERMITS-STREETS AND ALLEYS: Mr..Nheeler called tn the attentio~ of Conacil that o, August 3~ 1970. ecu.ell referred to the City Ha.ager for study. report a~d recomme,dutlo~ a commu,icatio, from Hr. Claude M. Stutts. Vice Prenldnnt of Tidewater Supply Comps.y. I,corporat~d. requesting permissio, to e~croach on the west side of Fourtee,th Street for the purpose of erectl.g wire mesh gates iH fro~t of the wi,dews u~d doors of the building a,d ,..the ~orth side of Sbe~aBdoah Ave.ua for the purpose of erecti.g a chai~ link fence, that si,ce that time he bas received a telepho.e call from Hr. Stutts advising that ca two occasio.s over the past weekeB~ his store was broke~ l,to a,d requesting that.some ~n~ate actio~ be tahe~ by The Asslsta.t City #~nager ~dvised that be has viewed the premises lq ques- public street area of 14th Street, M, ~, After a discussion of the matter, Mr, [heeler moved that the request, be referred to the City Attorney for preparation of the proper measure provldl.g for the encroacheeet of the chain link fence, The motion mas aeco.ded by Hr. Trout and unanimously od*pt*d, HOrSING-SLUM CLEARANCE-PLANNING: Mr. Link poln. ted out that in May of 1970 he requested that more money be appropriated to allom for the removal of condem~ houses In the City of Rca,cie, that conoJderat]o, of the item was deferred u,tll the new budget mas adopted in Ju,e, that when the ,em budget was adopted this item mas reduced to the original amount of $5,000.00 and moved that the City Manager be directed to furnish Council with a report o~ the progress of the demolition of hoase~ which do not meet the specifications of the Housing and Hygfe.e Code for the period of July I - September It Ir?O, in order that Con.oil may determine what action needs to he take,. The mo*i*. mas seconded by Mr. Trout and u,a~lmously adopted. HOUSING-SLUM CLEARANCE J Mayor Webber called to the ottention of Council that the terms of Messrs. S. Lewis Lionberger and M. Courtney ~lng, Jr** as Commissioners of the City of Roanoke Redevelopment and Housing Auth~ity will expire on August 31, lgTO, and that there is alos a vacancy on the City of Roan*he Redevelo~ and Housing Authority created by the resignatio, of Dr. ~endell H. Butler ending August 31, Ir?2, and called for nomloatlons to fill the vacancies. Mr. Perkinso, placed in nomination the name of 5. Lewis Lionberger. Hr. Link placed in nomination the name of W. Court~ey King, Jr. Mr. Thomas placed l, ~omination the name of Edwin L. Phillips to fill the unexpired term of Dr. Wendell B. Butler. resigned, endi,g August 31. Ir?2. There being no further ,omlnatios, Mr. S. Lewis Lio.berger and Mr. ~. Coartney King were reelected as Commissioners of the City of Hca.ok* Redevelopment and Housing Authority for a term of four years beginni,g September It' 1~70, and Mr. Edwin L. Phillips mas elected as a Commissioner Of the City of Roanoke Red*vel,pm and Housing Authority to fill the u~expired term of Dr. Meqdell H. Butler. resigned, ending August 3It lgT2t by the following vote: FOR MESS~S. LIONflERGER, KZ~ AND P~ZLLIPS: Messrs. Soswell. Llsk, Per~lflsc Thomas. Trout. Wheeler a~d Mayor ~ebber ................... 7. PENSIONS: The City Clerk reported that Mr. S. M. Hudson has qualified as a member of the Board of Trustees of the Employees* Retirement System for a term of four years ending June 300 1~74, and that Mr. Donald M. Graham has qualified as a member of the Board of Trustees of the Employees* Retirement System to fill the u~- expired term of Mr. David S. Ferguso~. reslg,ed, ending June 30, 1~72o Mr. Wheeler moved that the report be received and filed. The moth,, mas seconded by Mr. Perkins,, and una.lmously adopted. 49:~: There bei.g no further busleescl Mayor Mebher declared the meetieg adJ ouraed. APPR O¥~D' ATTEST: Mayer COUNCIL. SPECIAL MEETING, qedsesday, August 19, 1970. Tho Council of tho City of Roanoke met in special we~ti.g In the Con*oil Chamber l~ t~e ~ew Nuelol~nl Building, M~da~sday, August 19, lg70, at twelve e'clock noon, pnrsusnt to Hesolutio. No. 192~4 of the Couucil providlno for said me*ti.g, for the 'p~rpos~ of receiving, npeni.g and coesideri.g bids made to the *city for the purchase of $7,000,000 oivl~ center bo.ds, authorized by OFdina.ce No. 16956, and for the purchase of $3,500,000 of the $16,900,000 bonds for ~bfic i~prnveme.ts, authorized by Ordinance No. 17413; and for the purpose of ta~ing such action l~ the premises as the Couecll may then be ad~lsed, with Mayor Mebb presidieg. PRESENT: Co~cl~me~ John M. Boswell, David ~. LINk, Frank N. Perkins.n, J Hampton M. Thomas, James O. Trout, Vincent S. Mheeler and Mayor Roy Lo Ndbber ..... 7. ABSENT: NoDe ...... ~---~ .......................... 0 OFFICERS PRESENT: 'Mr. Byron E. Ha.er. Assista~t ~ity Ma.age~, Mr. James N KS.canon. City AttOrney! Mr. J. Robert Thomas, Cit~ A~ditor a~d Miss Vlvgi*ia L. Sham, City Clerk. * BONDS-AUDXTOI~M-CI~ISEUM-CAPITAI. IMPROVEMENTS PROq;HAM: Mayor ~ebber state that the special meeting of Council is being held for the 'purpose of receiving, ope~i*g and considering bids made to the city for the purchase of $7,000,0D0 c~vic center bonds, authorized by Ordinance No. 1~955, and for the purchase ~f $3,500,000 of the $16.900,000 bo~ds £or public Improvements, authorized by Ordf.ance Ho. 17413; and for the purpose o~ tubing snc~ action l. th~ premises as the Con.cil may 'the~ be advis'ed. it appearing that under the provisions of Resslu(lon No. 19201, adopted on the 27th day of July. 1970, the City Clerk mas directed to advertise 'for the sale of $7.000,000 public improvement bonds, Series UA-l° and $3,500,000 public improvement bonds, Series' ~A~2n, 'of the City of Roanoke, ViruS.il, dated September 1, 1970t the said bids'to be pi*se.ted ti Cpu,cji at ts*lye o*cl~ck, noon, ~ed~esday, August 19, 1~70, pursuant to advertisiment and due 'notice of sale, the s aid aduertiseme'nt re*er the right to the city to reject any a.d all bids u~d providing that proposals mould be received for the purchase of all but .pt any part of all such bo.ds, eight bids mere presented to the body. In this connectio., Mayor ~ebber stated that before the bids mere opened Cpu.cji Would llhe' to k*ow if any bidder prege.t did not fully u.derstand the proposal, mb*thor a.yo.e~ present had not been given un opportu.ity to ~ubmit bids if there mere any questions on the part of those mbo had submitted proposals tire to term~ and co.dition:s upon w~lch the bi'ds ha'd been s~bmitted.' No one present raising any quo'**ion us to the advertisement a.d notice of sale, Mayor Webber requested the City Clerk to proceed mith the openi'*g a*d readi.g of the bids, ' After the opening und reading of the bids, Mr. Trout so*ed that u couwitt~ be uppointed by Wsyor Jebber to tubulute said bids and to report to Council ua ~rowptly us possibJe. The motion mas seconded by Mr. Lash and umanimoosly adopted. Mayor Webber appointed Messrs. J. Robert Thomas, Chairmant A. N. Gibson and Byron E. Hamer as members of the com~lttee. Mr. Th,was then moved that the meeting be recessed until 1:30 p.m. The wotio~ mss seconded by Mr. Llsh and unanimously adopted. At 1~30 p.moe Council fcc*hymned with all seven members present and with Mayor Webber presiding. The committee submitted a written report, transmitting a tabulation of the bids showing the proposal of The Chase Manhattan Bunk, N. A., and First National Ban! of Chicago, Joint Managers, and Associates, of $10,500,175 for the $1005000000 bonds with coupon rates of 6~ fete,est per a.num on $S,600,000 of bo.ds due i. the years 1971 to 1978, inclusive, 5.4~ i.tetest per annum o. $2,800,000 of bonds due in the rears 1979 to 1982, inclusive, 5.6~ i-terest per annum on $1,400, O00 of bo.ds due I. the years 1983 to 1984, inclusive, amd 3~ interest per ac.nm o. $700,000 of bo.ds due in the year 1985, plus accrued interest to the City to date of delivery, an effective rate of 5.3247~, as the lowest bid and In conformity with the notice of sale, and recommended that said low bid be accepted. committee and offered the following Resolution providing for the sale of the $7t000,000 public improvement bonds, Series "A-lm, end $3,500,000 public improvement bonds, Series "A-2u, of the City of Roanoke, ¥1rginia, dated September 1, 1970, to The Chase Manhattan Bank, N. A., and First National Bank of Chicago, Joint Managers, and Associates: ¢u19302) A RESOLUTION to sell to The Chase Manhattan Bank, N. Ac, and First National Bank of Chicago, Joint Managers. amd Associates, $7,000,000 of Public Improvement Bonds, Series "A-JUn of the City of Ro~ .kc, ¥1rglnia, and $3,800,000 of the $16.90ot'000 of Public Imp.**emmet Bo.ds. Series mA-2," of the City of Rca..kc, Vt.gl.la, at the bid submitted; rejecting all other bids therefor; directing that the cashier*s check accompanying the successful bid be deposited by the City Trea- surer and credit'therefor be allowed on the purchase price of said bonds; a.d direct that the certified or cashlerSs check of all other bidders be forthwith returned. (For full text of Res*In,ice, see Besol~ion Boo~ No. 34, page 432.) Mr. Perkinson moved the adoption of the Reso~ion. The notion was second by Mr. Link a,d adopted by the following yore: AYES: Moss.so Bosmell, Lie~ Perkins.n, Thomas, Trout, Wheeler and Mayor Webber ................................ 7. NAYS: None ....................O. ~g COUNCIL: Mr. Llsk uoved then since all of the aenberu of Council nra pre- sent the body tnke~ out or order the question of prescribing the place for holding its regular ueetlags, The notion uns seconded by Mr. Thoacs and unaniuonul! adopted, Mr, Nheeler then offered the folloulng eaergency Ordincnce providing that the usual meeting place of the Council or the City of Bosnohe shall be In the Council Chnobers ut the nest end of the fourth floor in the nee Municipal Building located. on the north side of Church Avenue. S.M** between Second Street nnd Third Street: (n19303) AN ORDINANCE prescribing the place for holding regular meetings of the Council of the City of Roanoke; nad providing for an emergency. (For rail text of Ordinance. see Ordinance Book No. 34, page 435.) Mr. Wheeler moved the adoption of the Ordinance. The motion wes seconded by Mr. Trout end adopted b! the follouing vote: AYES: Messrs. Bosuell, Llsk, Perhinson. Thom~ Trout. Mheeler nnd Mayor Webber ........................... 7. NAYS: None ............ O. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTE~: City Clerk ........ Mayor ¥1RGINIk ~TATE LIBRARY RICHMOND 2~;21 $ I~ICROFI~ CAI{E~ 0PE~TOR'S £ERTIFICATE , THIS IS TO CERTIFY ~T THE MICROPHOTOGRAPHS APPEARING ON THIS REEL ARE TRUE A~ACCURATE RRPRODUCTIONS OF THE RECO~S LISTED O, ~E TITLE SHEET PREC~ING EACH VOLU~E OR SERIES OF RECO~S NICROFJ~ED ~EREON~ ~T ~E RECORDS HERE REDUCTION ~TIO ]~DI~T~J ~D ~T ~EN HICROFI~ED ~E RECORDS ~ERE iH THE CUSTODY OF ~E DEP~TffE~a OFF{CEa OR LISTED ON ~E TITLE SHEET, CERTIFICATE OF AUTtlEIITICi1Y THIS IS TO CERTIFY THAT THE PEP,~[ANENTLY VALUABLE RECORDS OF THIS OFFICE AS LISTED ON THE TITLE SHEET /~ERE HADE AVAIL/~LE FOR HICROFILI~IHG BY TIlE LOCAL RECORDS RRANCH OF '[HE ~RCHIVES DIVISION OF THE VIRGINIA STATE LiI3RARY AS AUTHORIZED BY SECTIONS 15.1-8, q2.1-82, AND /12.1-8~ OF THE CODE OF VIROINIA, THE PURPOSE OF THE . HICROFiL~IHG IS TO PROVIDE SECURITY COPIES OF THE RECORDS. DATE1 /Y COUNCIL. sEeULAe ME~TI~G. Mondcy, August 24, 1970. The Council of the City of Roanoke met in regular meeting in tb~ Council Chamber In the neu Municipal Building, Monday, Auguat 24, 1970, ct 2 p.m,. the regular meeting hour. mith Mayor Webber presiding. PRESENT: Councilmen John R. B,snell, David'K.:Ush, Frnnh N. Perkins,u, Jr,. Hampton M. Th,mum, James O. Trout, Vincent S. Rheeler sad Mayor Roy L. Webber--? ABSENT: None ......................~ ................ ~ ..................... OFFICERS PRESENT: Mr. Julian F. BUrst, City Manager, Mr. Byron E. Baser, Assistant City Muuuger. Mr. James N. Xiaccaon. City Attorney. sad Mr. J. Robert Thomas, City Auditor. IN¥OCATXON: The meeting:waS opened with a prayer by the Reverend James A. Allison, Jr., Pastor. Raleigh Court Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on M~uday, August 3, 1970, having been furnished each member of Council, on motion of Mr. Perhinson, seconded by Mr. Link and unanimously adopted, the reading thereof was dispenaed slth and the minutes approved as recorded. HEA~INO OF CITIZENS UPON PUBLIC MAT~ERS: WATER DEPARTMENT: Pursuant to notic~ of advertisement for bids on Contract *0" - Catamba Creek Diversion Project. said proposals to be received by the City CJerk until 2 p.m., Monday. August 24, 1970, and to be opened at thus hour before Council. Mayor ~ebber asked if anyone had any questions about the advertisement, and no representative present rain'nD any question, the Mayor instructed the City Clerk to~oceed mith ~he openin~ of the bids; whereupon, ~he City Clerk opened and read the fol~oming bids: James McHugh Construction Co. $2,144,000.00 1,000 James L. Mcllvaino Co. ~. 2.235,?&7.00 600 DiMambro Contractors, Inc. 2,473,000.00 950 Traylor Brothers, Inc. · ~ 2,550,000.00 ?00 M. L. Bailey ~ Co., Inc. 2.594,972.00 950 Mountain Sta~e Construction Co., Inc.. 2,768,000.00 850 Square Construction Co., ~ LaFera Contracting Co. 2.904,000.00 60~ Lewis Construction Assgc.. Inc. . 2o972,865.00 900 C,NUn ~ Company, Inc., 2,980,000.00 625 Mr, Perkinsonmoved that the bids be referred to a committee to be appoint- ed by the Mayor for tabula.tion, report and recommendation to Council, the Ctty'Attor- ney to prepare the proper measure in accordance with the recommendation of the com- mittee. The {,tiao was'seconded by My. Link and unanimously adopted. Mayor Webber appointed Messrs. Byron E.Haner, Chairman, Thomas'M. Dunn and Nilliam F. Clark as members of the committee. ~TREET LIGHTSoSIDEMALI£ CURB AND GUTTER-STREETS AND ALLEYS: Mr, William R. Bill. Executive Director, Daumtoma Roanoke. Incarporstedo appeared before Council and meeting on August 13o 1970, recommended that immediate attention be givem to bringing the street llohtlnM system throughout the domatoua area up to modern standards, t~s~ the city participate mitt property owners in an organized program to improve sidemslhs mhJck have deteriorated to the point that they are unsightly end In some instances hazardous to pedestrians and that the City of Roanoke iai thte program to improve alleys and alley like streets Jn the downtown area which suffer severely from bud paving, inadequate drainage sad poor or non-existing lighting. Mr. Lash moved that the proposal with regard to bringing the street lighting system ~p to modern standards be referred to the street lighting committee for study, report and recommendation to Council. The motion was seconded by Mr. Thomas and unanimously adopted. Mr. Lash then moved that the proposals with regard to an organized program to improve deteriorating sidenalhs and the initiation of a program to improve alleys and all~y like streets ia the downtoln area and the btockage of alleys in the mather square be referred to the Cit~ Manager for study, report and recommendation to PETITIONS AND COMMUNICATIONS: INTEGRATION-SEGREGATION: A communication from Miss Pat Hairstcn tendering bar resignation as a member of the Community Relations Committee was before Council. Mr. Lisk moved that the resignation be accepted with regret. The motion seconded by Mr. Thomas and unanimously adopted. HEALTH DEPARTMENT: A communication from Mr. Joseph C. Brown, Administrstiv Assistant. Health Department, advising that the Health Department has made a deposit with the City Treasurer of $4.120.90 representing a refund for participation of the City of Roanoke Health Department in the General Medical Clinic. which also includes Pharmacy participation for the period of March, April and May..1970, was before Council. Mr. Thomas moved that the communication be received and filed. The motion seconded by Mr. Perkiflson and unanimously adopted. HDDGET-PLAH~ING: A communication from Mr. RobertM. ~hannon. Executive Director, Fifth Planning District Commission. reqnestJno an appropriation of $14,857.95 for the fiscal yeqr beginning July 10 1970. and ending June 30. 19TI. which is based on population estimates of the Bureau of Population and Economic Research on the basis of $0.15 per capita, was before Council. Mr. Nheeler moved that the communication be referred to the City Auditor to inform the members of the Fifth Planning District Commission that the money has already been appropriated in the 1~7~-71 budget of the City of Roanoke. The motion seconded by Mr. Trout and unanimously adopted. BEPORTS OF OFFICERS: BUDGET: The City Manager submitted n mritteu report recommending that $6,000.00 be appropriated to Horkmen's Compensation under Section zgl, *Noe- Oepnrtmentl~," of the 1970-71 budget, to provide funds for the remsinder of the finca Jeer. Mr, Perkinsoa moved that Council concur h the recommendation of the City Manager ned offered the rationing emergency Ordinance: (a19304) AN ORDINANCE to amend and reordain Section ~)1. *Non-Departmental of the 1970-71 Appropriation Ordinance, end providiig for an emergency. (For full text of Ordinance, see Ordinance Book No, 34, page 436.) Mr. Perkiison moved the adoption of the Ordinance. The motion wes seconded bj Hr. Thomas and adopted bJ the rol~owing vote: AYES: #essrs. 8osmell, task. Perkinson, Thomas, T~, Wheeler end Major Mebber NAYS: None---O. AIRPORT: The City Manager submitted the following report recommending that n change order to the contract with John A. Hall ~ Company, Incorporated. for overlays of:Runway 23 and Tnxiuajs R3, 15 and 33, at Roanoke Municipal (Woodrum) Airport be authorized to establish additional unit prices fSr excavation, aggregate base course, liquid bituminous materials and covering material needed iff connection with the paving of shoulders 61 the airport to eliminate a severe erosion prnhle~ created by jets: "Roanoke, Virginia August 24, 1970 Honorable Mayor and City Council Roanoke. Virginia The above project under contract to John A. Hall ~ Company. Incorporated, is partially csmpleted in that all pavement overlays and grading of the shoulders is complete. A portion of the seeding of the shoulders and raising of the ruemay and'taximay lighting is jet to be completed and the runways and taxtwayc ere marked and open to aircraft traffic. As a result Of this traffic. Where the taxiway$ join the ends of runwaj~ 23 and 15, we are experiencing severe shohlder erosion caused by jet blast ac the jet aircraft apply pomer to move out from the taxiways onto the rcnuays. This erosion problem is apparent both in areas disturbed during construction of the project, end in undisturbed areas north of the end of runway IS. The erosion has become more noti'ceabl e since ~he phasing out of non-jet commercial aircraft by Piedmont Airlines. Because of the engine configuration of the aircraft utilized by Eastern Airlines, their aircraft ute not affecting these areas. Possible ~olutions to the problem have been discussed with. the Federal Aviation Administration; and with their concurrence, we have designed paved shoulders to be constructed in the eroded areas. 1 em attaching plans of the areas affected maddening the proposed paring on the shoulders. John A.' Hell ~ Cowpnul,'lecorpornted,.'h~o~buit~edo.proposnl to the. Git! for coostrooklag-the paved 8boold~gn~br~ga~ ficotioos for to estimated $6,e49.60, lacrimal '~ost to bobaaed on nctunl'qun~tltl&o'.io~plsce? Tbe.'cOnt~icto~"hs~nl~6~re~ueoted un additional 26 working dnyu to'sccomplJFh thio work. Tko estimated final coantructigncosL br Skin project, without'including the above' propooal for additional work, lo $276,961.15. The contract, os approved by'carl Council and tho'FAA, lo $265o020o75. or $6,067,60 more thnn the eotimated actual coot. The coot uith the propooed additional work will grill be uithh the contract nmo~nt. The exlntiag cootract c~ntalao'salt p~lcos for exco~st]m ' (UaclsnoifJed) ($1o50 per cubic yard), aggregate base coarse. ($3.44 pet ton), nnd liquid bltnmiaooo nste~is]s ($0.20 pe~ all of which have lager unit priceo than those contained in the additional handwork will be required in the vicinity of llghto In order to construct the ohoulder s. nad that this type o! work with relatively small quantities is conoiderably different frog the sort Initially contracted for, The propooed bituminouo surrnce couroe alii be laurelled at the current price of SO.b4 per ton. The contractor is currently under s shutdown order until such time go lighting extension materialo arrive. At the tl~e work nas shut doan, the contractor hod exceeded b~ eight days the number of working days permitted for thio wort. It in conceivable the with the time extension, the additional work con be accompllohed within the 26 dayo and the contractor complete the job on time mit~ln that 28 dayo. Since the proposed pared shoulders mould eliminate · oevere erosion probleu canoed by the Jets (which would be · continuing maintenance probiem)o and since the proposed coot of the additional work would be within the present contract amount, and since the FAA agrees to participate in this work. it mould be recommended that City Council authorize the issuance of n change order to establish additional unit prices for: excarat~n (Onclassifed) ($4.00 per cubit lard); aggregate base course ($4.30 per ton); liquid bituminous uaterialo ($0.38 per gallon); end covering material - =70 aggregate per too). for the construction of the paved shoulders, and to add 28 days to the marking time for this contract. For City Coancil's information, it would be proposed that in future contracts at the Airport. ~et blast areas be installed in the original design and be included in the construction pro, eot. Respectfully submitted. S/ Julian F. Hirst Julian F. Hirst C~y ManaQer~ After u discussion of the matter. Mr. List moved that Couocil concur in the recommendation of the City Manager end Offered the following emergency Ordinance: (mi930S} AN ORDINANCE authorizing the issaance of a n unnumbered Change Order to the Clty*$ contract math John A. Hall ~ Co.. Inc., authorJaed by Ordinance ~o. 10043 for Roanoke Municipal Airport Project 10 for the construction of pared tmenty-eight (~O) days to the working time provided in the aforesaid contract; and providing for an emergency. (FaF full text Of Ordinance. see Ordinance Oook Xo. 34, page 436.) Mr. Lisk moved the adoption of the Ordinance. The motion Nas seconded by Hr. Perkinson and adopted by the following vote: AYES: MesSrs. 9ossell. Link. Perkinson, Thomas, Trout, ~heeler and [ayor Webber ..................... T. WAYS: None ............ O. SFECIAL PERM~iS-STREETS AND ALLEYS: Council having referred to the City Mnnager for atndYo ~eport eld recoomeodstfon n communication from Tfdee~ter Supply Company, Incorporated, lOS Fourteenth St'reeto N. M.o requesting pets'fusion to gates in front :or the uindowa and doors of itu building nnd on the north side of Shennndouh Avenue for the purpose of erecting n chain link fence." the City Manager submitted the folloming r~port recomuending that the request be grunted b~t that the 'Roanoke, Virginia ' August 24, 1970 Honorable Mayor nad City Counoil Roanoke, Virginia Gentlemen: On Monday. August 3. ,1970. City Council receiYed u comuuni~tion from Tidewater Supply Company, Incorporated. 105 14th Street. N. requesting permission to encruoch on City property on 14th Street for the purpose of erecting wire mesh fence and gates in front of the windows and doors of itu building on Shenandoah Avenue. City Council referred this matter to theCity Manugerts office for study, report and recommendation. On Monday, August 17, 1970, having incurred two additional robberies over the weekend, Tidewater Supply Company, Incorporated. requested taut the City Council immediately consider its request. The Acting City Manager suggested that City Cou~il cohld a~low this encroachment on 14th Street but felt that it should be restructed to e b-inch encroachment, thereby reducing the hazard to pedestrains walking on the sidewalk directly adjacent to the building, It is farther recommended that no swinging gaten be installed in this 'fence which could obstruct the flow of pedestrians up and damn this sidewalk, However, should a gate be required for the entrancewuy this gate should be completely removable and not of a swinoing type which would pose a hazard and block the sidewalk, Upon discussing this recommendation with Mr, Claude I, Stutts, Vice President of Tidewater Supply Company, and informing him of our recommendation to limit this encroachment to b inches, Mr, Starts requested that their position be reiterated to Council that the lO-inch encroachment is needed to prevent vandals from pushing this chain link fence into the glass. Although sympathizing with Tidewater Supply Compuny.~ this regards, it is felt with the expenditure of a few additional dollars a more stable barricade could he installed within a b-incA encroachment and reduce'the hazard to pedest rbn$ walking along the sidewalk, This report is submitted to City Council for their consideration in this matter, Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager* In a discussion of the matter, Mr, ~heeler voiced the opinion that ,if the six inch restriction ia adopted the fence would be against the window and moved that the proposed Ordinance be amended to allow for a ten inch encroachment rather than the six inch encroachment as recommended by the City Manager. The motion was seconded by Mr. Thomas and unanimously adopted. Hr. Link then Bored that the follouing emended Ordinunce be placed upon its first reading: · . (~19306) AN ORDINANCE per~ittiug on encrouchment of eot sore then tee (10) inches of e cheiu link fence over end into the east rioht-of-euy on 14th Street, N. W., for · distance of epproxJsetely 72 feet, raid fence to be erected on the nest ride of 8 building locoted on Offiolol No. 2212901, upon certein terms und conditions, WHEREAS, Tidewater Supply Company, Inc., ouner of the property hereinafter described, on which the building of said company is situate, located on the north- enst corner of Shenandoah Avenne end 14th Street, N. W.. requested that It be permitted to construct and maintain s new chain link fence on the public rloht-or- nay so that maid neu fence would extend upon but not more than ten (10) inches Into the east public street area of 14th Street, N, W., said new fence to be opproximatel 72 feet in length ainu9 said street line; and WHEREAS, the City Manager has recommended that the request of said owner be granted ar provided for herein, a sketch of the proposed construction having been mode and filed in the office of the City Clerk; and WHEREAS, pursuant to the authority vested in local 9overning bodies by ~ 15.1-376' of the 1950 Code of Virginia, os amended, and as provided in Sec. 4, Chapter ?, Title XV of the Code of the City of Roanoke, 1956, os amended, this Council is agreeable to said owner's proposal and is milling to permit the encroach- hereinafter mentioned over and into not more than ten (10) inches of the easterly right-of-soy area for the public street abutting~id owner~ property. upon the terms and conditions hereinafter contained. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that per- mission be. and is hereby granted Tideuater Supply Company, Inc.. ouner of the lots described as Official No. 2212901 on uhich~the building occupied by said compnuy at the northeast corner of Shenandoah Avenue and 14t~ Street, N..N., is located, on the side of said 14th Street, N. ~.. to construct and maintain a new chain link fence wltb appropriote gates odJocent to the sid~ of sued b~tlding, approximately 72 feet in length along reid 14th Street, N, W.. which seed new.fence may encroach westerly for n depth of not more than ten (10) inches end for the full height of sai~ line of 14th Street. N. W., ubutting the aforesaid lots. as the said fence is indicated on a certain sketch showing the location and height of the same, a copy of mhich sketch is on file in the office of ~he City Clerk. said new fence to be properl: Commissioner and in accordance with the provisions of Chapter ?, Title IV. of the Cod, of the City of Roanoke, 1956, as amended, and such of the City's building regulations ~ndrequirdwent~ an are zppl~cs~e thereto ied s~h]ect* z]~o, to '11 of the llwfts- algas contained in 8 15,1~376 or the 1950 ¢o~e of Virginia, aboveme~tione~; it to be agreed bi sa~d persittee that bI waking and waintzining sUc~ encr~echmeat, sold permlttee and its assigns or successors in interest agree tm icdeaeJfl and save harwless the City of Roanoke of and froa ell clzius for injuries ir dsueges to per- sons or propertl that wel zrise b! reason of the encrozchuent of said r~nce over szfd public street area. BE IT FURTHER GRUAINEO that the p~evisions of this ordiasnce shall~ not become fully effective until such tine ss e written permit shall have been issued bl the Citl*s Oull d~g Commissioner to the aforesaid saner, or its dull authorized contractor or representative, and until on attested cop! of this ordieanc~ shall have been dull signed, sealed aud ac~nomledged bl the said Tidewater Supply Company. /nc,. and shell ~ave been edmitted to r~cord, at the cost of said permittee, in the Clerk*s Office of the Hustings Court of the City of Roanoke. · EXECUTED and accepted bI the undersigned this __ day of , 1970: TIDEMATER SUPPLY COMPANY, lNG. ATTEST: President Secvetavl STATE OF VIRGINIA ~ J To-wit: CITY OF ROANOKE S a Notary Public in and for the City of Roanoke. State of Virginia, do hereby certify that and President and Secretary, respectively, of Tidewater Supply Company. Inc.. whose names are signed to th'e fo~egoin~ writing bearing date the -- day ~f 1970,' have this date personally appeared before me in my City and State aforesaid and acknowledged the ~ame. G'XVEN under my hand this -- day of 1970. My commission expires: Notary Public The motion was seconded by Mr. Thomas end adopted by the followiog vote: AYES: Messrs. Boswell, Lisk, Perkinson. Thomas, Trout, Wheeler end Mayor Webber ................... NAYS: None ..........O. SCHOOLS-STADIUM: The City ManuRer ·ubmitted · mritten report triesmittin copy of · communication from Mr. John A. Sebean, Executive Oirector of Op~ortunftfe· Industri·lizutio· Center, indicating the mish of OIC to hove'un early indiceS·on of the poofibllity of reueuilg its lense to the ground floor urea under the east stands ot Victory Stadium. Hr. Perhinson moved th·t the mutter be referred bach to the City Homager for further report nad recommend·tin· to Council, The motion utc seconded by Mr. Wheeler nad unanimously adopted. DEPARTMENT OF PUBLIC WORKS-AUDITORIUM-COLISEURo#UNICIPAL COURT: The City Manager submitted · mr·Stem report trnncmitthg specifications which have been approved by the Personnel Hoard for the positions of Operations Manager in the Department of Public Works. Civic Center Concessions Manager for the Roanoke Civic Center and Iorrant Issuing Officer for the MnnicJpol Court. Mr. Thomas moved that the matter be referred to the City Attorney for preparation of tb~ proper measure including these positions in the Pay Plan. The mot im Mos seconded by Mr. Lisk and unanimously adopted. SEWERSAND STORM DRAINS: The City Manager submitted a ,rOtten report transmitting · report from Hayes. Seay. Mattern a~ #attern. Architects and Engineer in conuq~tton mit~ sludge handling facilities at the Sewage Treatment Plant and recommending the adoption of Plan II as set forth in the report. Mr. James M. Strickland. Jr** Partner. Hayes. Seay. Mattern a~ Mattern. Architects and Engineers. appeared before the body nad verbally presented the report, advising it is the recommendation of Hayes. Seay. Ruttern and Mattern that the city proceed mtth final plans for the sludge handling facilities outlined in Plan III and concurrently there moth initiate u study for the overall expansion Of tb plant, In this connection, the Director of Public Works submitted the folloning report recommending that approval be given forthe consulting engineers to proceed with preparation of plans and specifications for facilities described as Plan IX in the preliminary report and at the same time it should be d~termtned as to mhether or not federal financial participa~ion for the proposed improvements can be obtained: August 14, 1970 To: ' Mr. Julian F. HOrst. City Manager From: Mr. William F. Clark. Director of Public Works Subject: Sludge Disposal Facilities - Water Pollution Control Plant ClP 65 By Ordinance 16707. adopted Ma~ 12. 1969. City' Council authorized an agreement mith Hayes. Seay. Mnttern and Mattern.. providing for an engineering study and subsequent dec·on for sludge handling facilities at the Roanoke sewage treatment plant. The agreement provided for the consultants* services to be performed in two (2) stages. Initially u Study was to be made to evaluate the extent of our sludge handling and disposal problem, and recommend means of solution. Following acceptance by the City of the method to be used. detailed plans and specifications mould be prepared by the consultant. A prellnllerf report his.been received covering the. stedy~phese or our agreenelt~ Three (3) pbsolb~l~ens~s~e described la the engineers' report,~dcted Hey 22, 19TO.., Pill I basically Involves de- uttering*the treated sla~ge~otvncuhn filters'it' eh' estimated cce~ struetios cost or ST64,500*r Ihile being the~leaot enpeesive plan frog the cteedpolnt of initial cost. high operating ¢oets from lbrgb chertS- cci requirements end dlsposcl or.residues take this plat the Bott expensive overall. Plan II provides fo~ dbuateriu~sludge· by;best' treatment ~llcued by centrifuging. The estlusted initial ;est is $098.?00.- although operating costa are greatly reduced due to elimination of chbnicel requlreneets and reduction of residue diapotal, Plea III only differs rrou Plan II by theaddikion of m* furnace to reduce the residue to an ash. mhlch further decreases the volume to be hauled auey for flail disposal. The initial cost roi this plan is estiunted to be $1,325.500. le have met with representatives or'noyes, Sear. MaCterm md Mattern to discuss their study eed recommendations. The preliminary report proposes proceeding mith Plan III. Although the scat expensive initial coat. the coatultenta' evaluation shows this alternative to be gust economical then considerations are included for plant operations. The rector thick really makes Plan III gore financially favorable than Plan fl is the hauling of residue material euey from the plant. However me have reconsidered the potential usefulness of this material to the City, rather than looking upon it ms a complete liability. As you knom we are continuously seeking coy'er material roi our sshltery landfill operations. Even if w long-range regional lendrill is et- tabllahed, it is anticipated that close-in snell fill areas gill continue for many years to ceme for the disposal of nonputrescrible material which cannot economically he hauled long distances. Cover materiel ut such sites is normally in short supply. This residue material having been heat-treated to 400~ gould be sterile and thus not objectionable for such purposes. It gould contain 45~ solids and thus be of a consistency which we believe could be useful. The residue produced Jo Plan I gould only be 25X solids, r~iativel~ fluid and thus unsuitable for this method of disposal. If it uere ultimately concluded that reduction of the residue to.aa ash was nora desirable, the furnace conponeot could he readily added st a later date. The 1967 bond referenduu project was an estimated sum of $500.000. It was stated then and frequently since that the figure nas based on no real information us to the extent Of needs, Now that the study has been made me feel that a more Intelligent decision can be made on how best to proceed. #labour doubt we have a sludge ha~lJcg and disposal problem at the treatment plant. The quantities of solids removed during daisy operations are unquestionably beyond the limited capacity of our open sand beds, During inclement weather, including the entire winter ~eason. me have no sludge hanling ability mhatsoever. Even if authorization were granted immediately to proceed with design, we anticipate two years could easily pass before facilities mould be complete and in use, Thus it is imp6rtaot that we move ahead rapidly, It is recommended that City Council appreval be sought for our consultant to proceed uith preparation of plans and specifications for facilities described*as Plan II in the preliminary report, At the same time ue should seek to obtain the maximum possible State and/or Federal financial participation in the proposed improvements, It should be pointed out that these improvements will in no way increase overall plant capacity, only relieve an existing operational problem, The subject of plant expansion to treat gigging seuage volumes is another problem about upon us, Since the availability of sludle heedliug facilities are still some . time off, and the need to remove solids from the process an immediate problem, interim measures should be considered. Oar consultant includes in his report an opinion that present solid removal efforts could be made more efficient by the introduction of certain chemicals into the treatment process, Your attention is directed to t he couclus'lons On page 9 of the report, The cost estimate given does eot include a stall structure to house the chemicals and feeding system,* For an estimated cost of $7,500, rather than the $4,500 stated in the report, a facility could be provided. This, plus the chemical cost quoted, should provide interim partial relief until permanent improvements nra d~sJgned and constructed, Consideration of the related proposal is Suggested" After o rather lesgthy discussion or the proposal, Rt. Trout moved that the matter be referred to · comuittae' composed of #essrs.' Hcmptoc ~. Thomas, ChaJrnns Vincent S, Wheeler and Julian F.' airst for study', report and recomuetdstloc to Council. The motion uaw seconded by ar. Lash and unonimo~sly adopted. L£GISLATION-CIYY GOVERNMEF~T-CORMONWEALTHtS ATTORNEY: The City Attorney submitted the follouicg report in connection u fth t he Conflict of Interests Act and transmitted for the consideration of the body o Resolution ia uhich Council mould concur in the designation of the Office of the City Clerk os the p~uce uhere such reports of disclosure might be sade end kept on file: "August 24. 1970 The Honorable #~yor and Members of Roanoke City Council Roanoke. Virginia Gentlemen: Mr. Sun Garrison. Commonuealth*a Attorney for the City of Roanoke, has previously discussed ulth the members of Council the aspects and requirements of subject Act nnd the udminintrltion and enforcement responsibilities placed on each commonuealth*s attorney under the Act. Be advised that he uaw in the process of preparing u form uhereby required disclosures'might be made and obtained the tentative approval of the Council of his deslgnatl6n of the Office of the City Clerk as the place mhere such reports of desclasure might be made and kept on file. Subsequently, he has referred to me for innp~ction the form of disclosure mhich he has now prepared god hun available for use by affected parties. A copy qf the same is attached hereto. Such form is, in my opinion, proper and sufficient under the Ac~. I transmit hereuith for the Council*s cou$iderntic· a resolctJon by mhich the Council mould concur in Mr. Garrlson*s designation of the Office of the City Clerk for the purposes aforesaid and mhich mould provide for the availability of such form at said office to persons reqtired &rider the Act to make disclosure. I have made provision that a copy of the resolution be published once. after its passage. I shall advise the members of the School Board of the requirements of the Act and ask that the provisions relating to.required disclosures and the form and place of report established by the Commonuealth*s Attorney be disseminated through the School System. Respectfully,. $! J. N. Kincanon J. ~. Kincnnon" Mr. Perkins on moved that Council concur in the report of the City Attorney and offered the following Resolut~n: (19307) A RE$OL~FION relating to the Conflict of Interest~ Act of th e General Assembly of V ~ 9iniao (For full text of Resolution, see Resolution Book No. 34, page 437.) Mr. Perkinsou moved the adoption of the Resolution. The motion was seconded by Mr. Lisk and adopted by the folleBin9 vote: AYES: Messrs. Eosuell. Llsk, Perkinson, Thomas. Trout. Wheeler and Muyor Webber ..................... T. NAYS: None--~ ......... O. SEWERS A~O STORM DRAInS-CLAIMS: TAu City Attorney submitted ~ written report advtsin~ of the filin9 of a Petition for Declaratory Judgment in the Circuit Court of the nit7 by. Hr, Joleph.~, 8erna.oGainst the City of Roanoke ollegiog demage lo certoio fool eotote from storm drainage focilitiea Je BeroleiGh Road, $, Hr, Lash moved,thor the report be received and tiled, The motion nas Seconded by ir, ~ertiusoa and uolaimonsly adopted, RUDG~T-~AX£S~ The City Auditor Submitted o uritten report trensuittho ~ report of the Yaluttious end Lev ks for taxation upon the property'of public utilities bused upon the volueu au established*by the Stste Corporation Cooeissioo, compared for the years 1969 nad 1970~ Hr, Thomas coved that the report be received and filed, The motion mas seconded by Mr. Trout and uuunlmou~l! adopted. AUDITS-SCROOLS: The City Auditor nnbmitte~ a uritteo report gu Un examin- ation of the Ioedrou illsoe Junior'High School Activities Fund for the school year ended June 30, 19TO, made by R, L, Peroinger ~ Company, Certified Public Accountants, under the direction of his office~ advising that the report stoles that it presents fairly the financ~ condition of the fund at the end of the audit period, Hr, Perkinson moved that the report be received and filed, The motion mas seconded by Mr, Link and unanimously adopted, AUDITS: The City Auditor submitted a financial report of the City of Roanoke for the month of July, i970, M~, ~heeler moved that the report be received and filed. The ~otiun was seconded by ~r. Treat and unaflfmo~sly =dopted. Mr. Thomas then moved that the City Auditor be directed to furnish Council with a ~onplet'e run *down'as'to*ho~ much aurplus money there is i~ the budget at the next regulur'meetin9 of the body on August 31. 1970. The motion was sec6nded by Hr. Link and unanimously adopted. ZONING: Council having r~ferred to the City Planning Commission for study, report and recommendation ~he request of Mr. C. Richard Cranwell. Attorney, that the time for obtaining a certificate of occupancy for a nonconforming use be extended until September 1o 1970, in order that Mr. G. L. Cummings may continue operating o coal yard on property owned by Vinton Fuel Company, the City PlanninG Co=~ission submitted the following.report recommending that the provisions of the Zoner Ordinance be enforced and that the Commissioner of Buildings be directed to inform the owners of the propert~ that such non-conformities as exist on this property be terminated b~ April 30. 1971. to allo= for relocation needs and that the general question of the isauunce of certificates df occupanc~ for non-conforming uses be tabled since the full Commission was not pre~ent at the meeting to discuss the item: 'August 20, 1970 ;he Eonorable Ro~ L. Webber. Mayor and Members of City Council Roanoke, ¥ ~9~ia The above cited request was considered in two-parts by the City Planning Commission at its regular meeting of August 19, 1970. ''Fait I~deait ~e~lfi~ail~ uith~the~laton'Fuel'Company'aad Part II .ith the geaerni qcestloa at the instance of Certificates of Occupant! for a6a~c'oaro~&Jnb'uses~ 'Hr. Richard Cr~amell.'sttorney for the petitfoner.'atatnd'that the coal yard has been is its present location for the past SO years and requested that the time for applylnu'for'a Certificate of Occupancy be extended onkll September 1. 1970 In order that Mr. G. L. Cummings uay'contiace'tn-opbrate a'coal yard on property omeed by Vlnton Fuel Company. He stated that ag more coal Is belno put into the coal yard. and he mould lite the operation to be continued through Aprill. 1971 (tbrouoh the heating period). Hr. G. L. Cummings. the owner of the property In question, stated that he did not knnu this parcel hud b~ea reigned mlth the enactment of the aem Zonle~ Ordlnnace. Accordingly. motion nas ma~e. duly seconded and unnnlmously approved recommeodfn~ to Clay'Council that th~ prorlnlons of the Zoning Ordinance be enforced and the Commissioner of Buildings be directed to inform the garters of'this property that such nonconformities ns exist on this property be terminated by April 30. 1971 to align for relocation ne~ds. In regard to Part Ii of this request'de,ling .ith the gonorel question of the issuance of Certificates of Occupant! for non-conform= lng uses. it nas duly seconded and unanimously approved that this Item be tabled, since the full Commission was not present at this meeting to'discuss this major item. Sincerely. S/ John H. Parrots. hy La ' John H. ParrotS. Chairman" Hr. Sosaell moved that Ceuocii concur tn the recommendation of the City Planning Commission. The notion mas seconded by Rv~ Lisk and unnnimousi! adopted. STREET ~AR£S: Council hating referred to ~e City Planning Commission for study, report and recommendation the request of A. F. Fisher and HarGaret Fisher and Dirk A. and Mary Koyh that the name of a section of #~ton Ruud. S. R.. be changed coincide mith intersecting Serpentine Rani. S. W.. the City Planning Commission submitted the follouing report recommending that the request be denied: "August 20, The Honorable Roy L. gebber, #alor and ~embera of City Council ~oaooke, ¥irgJnJa Gentlemen: The above cited request ~es considered bI the City Planning Commission at its regular meetino of August 19. 1970o The petitioner nas not present at this meetiaGo Two local resi- dents voiced opposition to this petition, however, noting hardship problems ~ith particolar respect to changes In address necessitated by any change in the street name. In addition, they noted that ~ilton Eoad bad been in existence for at least 33 years, and they cmld see no Justification for this change OOWo They did speculate that this petition was predicated on the difficulty people mere having in locating the petitioner% home. Accordingly, motion mas made, duly seconded, and uoanimonsly approved recom~endin~ to City Council that this request be denied. Sincerely,' S/ John H. Parrott by LM JoAo H. Parrott Chairman~ Br. Thomas moved that Council concur in the recommendation of the City Planning Commission. The motion mas seconded by Br. Trout and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report end recommendation the request of Hrs. Ruth C. Omen, that property located on Nillismnon Road, N. #.. betmeen Bauthorne Road end Moodbury Street, described as Lots 3 - 6, inclusive, ~ch 10, Official Tax Nos. 2190303. 2190304 nnd 2190306. be rezoned fro. C-l, Office nad Institutional Oistrict, to C-2, General Couuercinl Oistrict, the City Planning Commission submitted a mritten report recommending that the request be grnnted. Mr. Lick moved that s public hearing on the request for rezoning be held et 2 p.m., September 28. lq?O. The motion mas seconded by Hr. Thomas and unnnimonsly adopted. ~ ZONING: Council having referred to the City Planning Commission for study, report and recommendation the request of Mr. Cnrrison W. Roberts, et ur., that n one acre tract of land located on #estside Boulevard and Wyoming Avenue. N. ~.. described as a part of the Gilbert Map, Official Tax No. 2670203. be rezoned from RS-3, Single-Family Residential Oistrict, to BG-2, General Residential Oistrict, the City Planning Commission submitted a mr~ten report recommending that the request be granted for an RG-I zoning designation rather than the original request for on aG-2 zoning designation. Mr. Lash moved that a public hearing on the request for rezoning be held at 2 p.m.. Monday. September 28, 1970. The motion uss seconded by Mr. Perkinson and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCT ION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INTEGRATION-SEGREGATION-PARKS AND PLAYGROUNDS-TOTAL ACTION AGAI~T POVERTY IN ROANOKE VALLEY-RECREATION DEPARTMeNt: Mr. Tro3t called to the attention of Counci that a decision should be made before next summer in connection math the construction Of two new public s~imming pools in the City of Roanoke and moved that the City Manager be directed to prepare plans and specifications for fecal'iSles to be used by children in the Eureka Park area and that the Mayor be requested to appoint a committee of interested citimens to study recreation needs throughout the City of Roanoke. In a discu~on of the matter, Mr. Thomas expressed the opinion that to bring the matter up at this date is premature, that Council took the matter under advisement as a committee of the whole and that it mould be inappropriate for a back on the question. Ia s further discussion of the mat~er. Mr. Lick advised that e' solution to thb problem must be found before ~ext samuer sad urged that Council give coosideretic tomard appointing 8 citizen committee to study recreation needs throughout the city. Hr. Liah then moved that Council acting ua · committee of the ukole appoint citizens to serve under the direction or the City #snager'to study recreation in the City of Roanoke. The m~tion uaw seconded by Hr. T~t. Hr. Perkinson then offered a substitute motion that the matter be deferred until the neu Council is organized in September. The notion usa seconded by Mr. Thomas and unanimously adopted. MINUTES-SO,DS-CAPITAL IMPROVEMENTS PROGRAM-AUDITORIUM*COLISEUM: The City Clerk presented to eechmember of Council copies of excerpts of the minutes Or'its regular meeting held on Monday, August 10, 1970, its regular meetieg held on ~ugust I 1970, ad its special meeting held on Nednesday. August 19o 1970, relating to the sal~ of $10,500,000o00 Public Improvement Bond~. Series "A-l* and Mr. Thomas moved that Council approve this portion of the minutes Of the a foreaaid meetings. The motibn mas sounded by Mr. Trout and unanimously adopted. CITIZENS" ADVISORY COMMITTEE: Mayor Rebber called to the attention of Council that the terms of Mr. C. Louis Pitzer and Mr. Peyton R. Keller aa members Of the Cltizen*s Advisory Committee expired on April Id, 1970. that Mr. Pitzer and Mr. Relier have declined to serve another term and called for ~ominattons to fill the vacancies. Mr. P~rkinson placed in nomination th~ name of the Reverend CalvJn'B~ Fulton. Mr. Trout placed in nomination the n~me of James A. $tringfield. There being no further nominations, th~ Reverend Ca~vin B. F~lton and Mr. James A. Stringfield mere elected as ~emSers of the Citizens* Advisory Committee for ter~s of two years each ending April 14. 1972. by the following vote: FOR REVEREND FULTON AND MR. STRINGFIELD: Messrs. Boa~ell. Link, Perkinson, Thomas, Trout. Rheeler and Mayor Webber ........ FIRE PREVENTION: Mayor ~ebber'called to the attention of Council that the term of Mr. William A. Gibbons. Jr** as a member of the Board of Fire Appeals expired on April 30. 1970. that Mr. Gibbons has declined to serve another term and called for nominations to fill the vacancy. Mr. Rheeler placed in nomination the*name Of. Sidney ~o-Vuughan. Board ofF~e Al~d$ ~r alarm of four years end~9 June ~0, ~74, by the following vote: FOR MR. VAUGBAN: Messrs. Boswell. Llsk. Perkinson, Thomas. Trout. Mheel~ and Mayor Rebber ............................. There being no further business. Mayor Webber dec.ed the meeting adj ourne~ APPROVED A~TEST: /~ity Uler~ ........ Mayor COUNCIL, REGULAR MEETING, Monday, August 31, 1970. The Council of the'City of Roanoke met in regular meeting in the Council Chamber in the wes Municipal Building, Monday, August 31, 1970, et 2 p,m., the regular meeting hour, math Mayor Webber presiding. PRESENT: Councilmen John W. Boswell, David E, Link. Frank N. ~erhlnuon. Jr.. Hampton W. Thomas, James O. Trout. Vincent S. Wheeler end Nuyor Roy L. Webber ..................... ?. ABSENT: None .... O. OFFICERS PRESENT: Mr. Julian F. Hlrnt, City Ranaoer. Hr. Byron E. Dan,r, Assistant City Manager, Mr. James N. Kincanon. City Attorney, and Mr. J. Robert Thomas. City Auditor. IA~OCATION: The meeting mas opened math · prayer by Mr. Vincent S. Wheeler Member of Roanoke City Council. WINtrFES: Copy of the minutes of the regular meeting held on Monday. August 10. 1970. having been furnished each member of Council, on motion of Mr. Perkinson, seconded by Mr. Trout and unanimously adopted, the reading thereof mas dispensed with and the minutes approved an recorded. COUNCIL: Mayor Webber pointed out that the terms of Councilmen John W. Bosmell. and Frank N. Perktnson, Jr., expire on August 31, 1970, that on behalf of himself and the other members of Council he would like to express appreciation to the~ ~en for carrying Out the duties of Councilmen in such an excellent manner and winhing] ! best wishes for the two of them. Mayor Webber then relinquished the Chair. Hr. Wheeler presented Mr. Boswell with e waiver tray appropriately inscribed from bis colleagues. Mr. Trout offered the follouing Resolution recognizing and recording the Outstanding services rendered by Mr. John W. Boswell au a ~ember of the Council of the City of Roanoke: (g19309) A RESOLUTION relating to the HONORABLE JOHN W. BOSWELL, Member of the City Council. (For full text or Resolution. see Resolution Book No. 34. page 440.) Mr. Trout moved the adoption of the Resolution. The motion Was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Llak0 Perkinson. Thomas. Trout, Wheeler end Mayor Webber ................................. 6. NAYS: None ..................O. (Mr. Boswell not voting) Mr. Boswell advised that it has been a privilege to work uith the members of Council end wished for them the best of success. Mr. Link then offered the following Resolution recognizing and recording the outntandieg services rendered by Mr. Fraoh N, Perhinsono Jr., an n member of lhe Council of the City of Roanoke: (~19309) A R~SOLGrlON relating to the HONORABLE FRAM[ N. FER[I~SO~, JR., Rember o! the City Council. (For full text of Resolution, see Resolution Book Ho. 34, page 441.) Rt. Link moved the adoption of rte Resolution. The motion man seconded by Mr. Thomas'and od, pled by the follouin9 rote: AYES: Messrs. Boswell. Link, Th,mat. Trout, Mheeler and Mayor Nebber---6. NAYS: None ...................................~ ......................... O, (Mr. PerkJnson out voting) Hr. Thomas presented to Mr. Perkinson a silver tray appropriately inscribed [rom bis colleagues. Rt. Perhiflsoa then reed the f,Il,wig9 prepared statement summarizing his Four years ns a member of the Council of the City of Roanoke and expressing appreci- ation for the cooperation and understanding of bis fellow Councilmen, city officials and employees: "August'31. 1970 To the Honorable Roy L.'Webber, Mayor. and Members of City Council. Gentlemen: I would like to share a few thoughts with y.oo ns this term of Council ends. During the four years that I have served on Council, I here seen and uorked for voter approval of the 1966 Civic Center Bond Issue and the 1967 General Bond Issue. Frm'these me have seen the completion of the new Mnnicipal Building. two Junior High Schools. vast improvement on other schools, such es the Jefferson Gymnnsium, the Civic Center which mill soon be completed, the 10th Street Expressway and $81 extension nearing construction, widening of 'Franklin Road and Route 460. vast improvements in our storm drain system, improvements in our airport, even though it mffs necessary to do the work on a peacemeal basis, and has not progressed nearly as rap.idly as all of os would like to see, there is a comprehensive study report due ~lthin meeks. In addition to bond ~ojects, me have bought property across from the municipal facil'ities for itu future expansion and have improved the retirement program and added social security to our employee*$ retirement program, established a police academy and many other things too numerous to detail here. All of this has been accomplished without the necessity, of a reel estate tax increase. · I, of coarse, have had my disappointments, the major one being the fact that the Consolidation Referendum failed by a very small margin in the C,untO. Having worked as the City*s Chairman in this effort I realized the potential benefits to be derived for the whole valley through consolidation. I will continue to work for any practical form of unification Of the governments Of the valley, as I am con- vinced that unification of the governments 15 the on)y realistic approach to the growth and development Of the valley. I wish to express my appreciation for the cooperation and understanding of my fellow councilmen, City officials and employees during the last four years. I sould also like to express my appreciation to those that corked and voted for my re-election and to.the others I mouM like to say that I aluuys acted upon my convictions of abut ess best for the entire City of Roanoke. R~th mareest personal regards. I remain. Sincerely yours, S/ Frank R. Perkinson, Jr. Frank N. Perkinson. Jr.' Hr. Lluk moved that the statement be received end filed. The motion was seconded by Hr. Thomas sad unanim3usly adopted. HEARING OF CITIZENS UPON PUBLIC RATTERS: AUDITORIUM-COLISEUM: Pnrnuant to notice of advertisement for bids on portable folding chairs; telescopic sad demountsble platforms for chairs; carpets; and vinyl uall covering for the Roanoke Civic Center, said proposals to be received by the Clty Clerk until 2 p.m., Ronduy. August~31. 1970, and to he opened at that hour before ConncJl, Mayor #ebber asked if anyone had say questions about the advertisement, and no representative present raising any question, the Msyor instructed the City Clerk to proceed mith the opening of tbs bids; whereupon, the City Clerh opened and rend the following bids: Portable foldinq chairs Lump Sam ' Add Na~ Base Bid Alt, Not 1 Bela Sentimo Company. Incorporated $37.694.00 $2.625.00 Telescopic and,demountable platforms for chairs Name Lump Sum Add Alt. Add Alt. Add Alt. Bane Bid No, I NOv 2 No. 3 Safway Steel Froduots $43.265.00 $24.6~6.00 $2.890.00 $4.444.00 ~rounson Equipment CO., Inc.' 53o135.00 14.851.00 17.388.00 1,520.00 1. H. Pence Company 61,030.00 3.776.00 1,700.00 875.00 ;arpets Name Lump Sum Deduct Base Bid Alt. No, 1 rhe Carpet Shop of Roanoke. Inc. $40.700.00 Miller ~ Rhmds 41,927.10 ~cResson ~ Robbins Drug Co., Division of Foremost- McKesson. Inc. 44.695.00 Flowers School Equip- ment Co., Inc. 45,B96.93 Everett Raddey Co. 52,662.00 ~in¥1 wall coverinq same $3,787.3§ 3,650.00 4,198.72 4,170.00 Name Amount Hesse ~ Hurt. Incorporated $5,475.00 Shaw Paint ~ Rail Paper Company. Incorporated 7.631.00 Mr. Perkinson moved that the bids he referred to a committee to be appoint~ by the Mayor for tabulation, report and recommendation to Council. the City Attorney to prepare the proper measure, or measures, in accordance utth the recomee~dation of the Committee. .~he-motloa uusseconded by Mr. Lisk and unanimously adopted. #uyor Webber oppofnted Messrs. Ryrou E. Honer. Chairman. Houord E. Rudford John A. Kelley. John M. Chsppelenr, Jr,. end Hoeford H. Thompson us members of the committee, PETITIONS AND CORRUNICATIONS: SCHOOLS: A communication from the Roanoke C~y Schoolflourd. requesting thor a storm drain.be constructed-from Fifth Street. S. W.. along Luck Avenue by city forces to serve the neu Jefferson High School gynnasiom, was before'Council. Mr. Thomas moved that the mutter be referred to the City-Manager for study. report end recommendation to Council, The motion mos seconded by Mr. Mheeler and unanimously adopted. BUDGET-SCHOOLS: A communication from the Roanoke City School H~ rd, requesting that $12.O00.00 be transferred from Personal Services under Section · 2000, 'Schools-Instruction.' to Transportation by Contract under Sectio~ mS000. 'Schools - Pupil Transportotion,' of the 1970-71 budget, to provide funds for indi- gent Junior high school pupils living a mile or more from the school to which they have been assigned and for indigent senior high School students living a mile and a half or more from the school to ~hich they have been assigned by the recent Court decision. Mas before Council. Mr. Liskmoved that Council concur in the request of the Roanoke City Scbooi Beard and offered the following emergency Ordinance: (~19310) AN ORDINANCE to amend and reordain Section ~2000, 'Schools - Instruction** and Section uS000, *Schools - Pupil Transportation," of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 34. page 442.) Mr.' Lisk moved-the adoption of the Ordinance~ The motion was seconded'by' Mr. Trout and adopted by the follo~ing vote: AYES: Messrs. Boswell, Link, PerJ~son. Thomas, Trout. Wheeler and Mayor Webber ..................... 7. NAYS: None ............ ZONING: A communication from Mr. Harvey S. Lutins. Attorney, representing Mr. J. M~ Smith. requesting that property located at 126 A Campbell Avenue. S. described as Lots 6, 7 and 20. Block 10. Official Tax Nos. 1011509 and 1011521, Old Southwest Land Map. be rezoned from C-3, Central flakiness District. to C-I, Office and Institutional District, Has before Council. Mr. Thomas moved that tho request for rezoning be referred to the City Planning Commission for study, report and recommendation to Council. The motion seconded by Mr. Trout and unanimously adopted. ZONIHG: A common,cation from Mr. George M..Barris. Jr., Attorney, repre- senting Mr. Edgar Mart]n, requesting that property located in the ~600 block of ¥iFg!~io Avenue. N. M.o described ss Lot 1, Block 23, Map of Nushingtoo Heights, official Tax No. 2?61501. be rezooed from RS-3, Single-Family Residential District, to C02, General Comeercisl Blstrict. uno before Council. Nv. Trout moved that the request for resorting be referred to the City Planning Commission for study, report end recoeeeudution to Council, The motion aaa seconded by Mr. Thomas and unanimously u~opted. PARKS AND PLAYGRODND$: A coemuoicotion from Mr. Keyto A. Cooper, Vice President, McOonold°so advising that McHonuldts is interested in purchasing un elephant to ~eploce Frump-Frump uith the condition that the elephant he named RouSe McDonald if s female and Ronald McDonald if · mole and in addition, that a permanent ~luqoe be placed on the living quarters of the animal stating that it mas daunted by IcDonuld's, mss before Council. In this connection. Mr. Keyto A. Cooper. appeared before the body and presented an amended communication advising that the children of the Roa~ke Valley should have the opportunity of naming the elephant but that McDonald's mould like to have a suitable plaque placed on the living quartars of the animal stating it mas a donation of McDonald*s. Mayor Mebber presented a communication from American Motor Inns, Incor- porated, advis~9 that they mould like to donate an elephant to replace Frump-Frump and that the only condition impo~ed mould be that the city not change the name of the ~lephant. Mr. Guy L. Corr. President of the Civitan Club of Roanoke. appeared before ;ouncil and read a prepared statement advising that the Civitan Club of Roanoke would tike to go on record requesting the City 'of Roanoke to accept the offers received forthe elephants but only on the co~dition that the elephant or elephants not be ~amed for the donors since such a name mould be commercializ~ t~e Zoo, that consid- eration be given toward mounting a plaque in an ~ppropriate locatio~ designating the donor, or donors, that when the elephant or elephants are acquired the children ~f the Roanoke Valley have the opportunity of naming it and commending city officials [o£ consideration of the appointment of an Advisor~ Committee to study mays and means ~f improving the Mill Rountain Zoo, Mr. Paul N. Calduell appeared before the body and presented preliminary su9gestions for an elephant building and pen to be located at the Zoo. Mr. Everett E. Flippin representing the Roanoke Valley Hoard of Realtors. also appeared before the body and advised that the Roanoke Valley Hoard of Realtors ~ould like to go on record endorsing one Or two elephants to he placed On Mill dountain, recommending tba the children of Hoanoke'Valley be allowed to name the ~lephant and that a plaquebe placed in an appropriate ~ocation designating the donor Dr donova. Rlth further reference to the matter, Rayor Webber prhsehted i couuunicatis ~roa Rrs, John ¥, Spitz. Director or Humane Education Services, respehtrully request- ling that she be appointed to the Zoo Iuproveaent Committee, Ralor Webber then presented t couaunicetioa from Rt, Sauaders Ouerrent in oaaection with the conditions at the Zoo and requesting that Council vote against After a very lengthy discussion or the matter, Mr, Wheeler moved that a ;ubcoamJttee of the Rill Rountain Advisory Committee be appointed to studl conditions the Childreo°s Zoo atop Mill Roumania. The notion wes seconded by Rt, Trout and unanimously adopted, REPORTS OF OFFICERS: STREET LICRTS: Council having referred to the C~! Ranager for study. for the installation of · street light on the north aide of the 700 block or White Oak Road. S. W.. the City Ranager submitted the following report advislngthat he will request tbs Appalachian Power Compan! to shirt the street light that is within the block to exactly mid-block at the intersection of White Oak Road and Brightwood Place. S. w.. in an effort to equalize the distance betaeon street lights: August 31. 1970 Don~ able #ayor and C~y Council Roanoke, Virginia The City Council~on August IO, 1970, received a letter from B. R. EuinO, 730 White Oak Road, S, R,, requesting a street light in the 700 block of White Oak Road, This was referred to me for report and recommendation add I herenith reply, As Rt, Ruing mentioned in his letter, this is a matter of several years history, Four or five years ago follouing the initial request from Rt. Euino for a light, the City upgraded:the lights in the ~ea to the present arrangement, Rr. Ruin9 then renewed his request, according to our best recollection of the sequence of events, about two or three years ago for an additional light. We mrote to Rr. Ewing on several occasions endeavoring to explain t he situation, The gutter then comes up to the current request, There is attached a sketch as to the general situation, There are two lamps at the west intersection of Rhite Oak and Brightwood. There is a lamp at the east 'intersection of these two streets, There is a lamp uithin the block, Each of these lamps are of luuen power consistent with recoumended lighting int~nsit! for residential street lights, There is approximately 320 feet fro~ Rr, Ewing~ duelling to the light at the east intersect im of White Oah and Brightmood. The'lamp within the block is appro~iuatel! 240 feet from his house, The distance between the mithinothe-block lamp and the two lamps at the west intersection of White Oak and Drightwood is approximately .4h0 feet, This number and lumen pouer of the leap is satisfactory for residential street of this length and is well consistent with the number of lamps os placed within residential areas throughout other sections of the Cit~. The problem is not the number of leaps, · he problem is a combination of factors. This combination consists of the horizontal curvature of White Oak,. its grade variations and the extremely heavy overhang of streets throughout the block, These factors as such considerably legit the effective distance of the lights. lamp within the block Is=limited In erfe~ki~elesi to'l. very snail belleved~he is couslderla~ mould be:to pra~tfcwllT put a light Il front of his dwelling which'an to its relathlh~p to. duellJngs ulthll the block mould belefit Hr. ruing and ole other and perhops i third. The some sltuitJoi could oppll throogh~ut this block becouse of the above factors il tklt itsorlr ns direct benefit to iblttilo properties would Ilmont necessltlte , light Is front of each house. Even oithout going to this extent. It is not felt thot the Citl gould relsouobly Instill l, iddltolel number of street ~fghts uithin this one block · Ithln the City Jl fairness to the rem,hder of the Citl. Me will request the Pouer Company to shift the light tblt is within the block to exactly mid-block betueen the tmo Brightuood intersections. Mhile this will not bring Ill additional overill benefit to the street. ,e would then be in a position to equalize distances. Beyond this. no further recoEmendution could be made. Respectfully submitted. S/ Julian.F. HOrst Julian F. MOrse Cit7 manager" Mr. Thomas moved that Council concur in therecoooendl~ion of the City Manager. The ubtion was seconded by Dr. Lisk audunanfuously adopted. POLICE BEPART#EN~: The City Manager submitted the follouing report racom- monoLOg that Ordinance ~o. 17554 in connection with the rules and regulates for use and operation of the Civilian Police be amended to provide that members of the Civilian Police be allowed to Carry side arms and to take police action ~hile in a duty status only. that this agtivity be confined primarily to assistance of regular ~olice officers, that the City Manager be authorized to revoke these conditions at any time the need mai arise, that both recommendations be reviewed by Council at the end of a nix month's perbd and that after the initial slx month's revlon the matter be reviebed b~ Council every six uonth~: " 'Roanoke. Virginia August 31. Honorable Hayor and City Council Roanoke. ¥1~ginia The City Council bi Ordinance ~o. 17554 in 19~7 established certain rules and regulations for the use an~operation of the Civilian ~olice organization and by that ordinance provided for the first time officially the status and relationship of the Civilian Police orolnizatinn and its personnel to the regular Police Department and to Jaw enforcewent. .One of the lr orision$ under that ordinance, subsection 10.3. prohibits members of the Civilian Police from carrying firearms under any condi- tions. It further precludes the exercise of any pi ice polar when a Civilian Police officer ia in or on duel status. Since the enactment of that ordinance, and even before, members of the Civilian Police have pressed for authorization to cirri firearms. Prior to the ordinnnce some had carried firearms from time to time; boa ever. such procedure had been uithout official written authorization b~ the COOl. Both through a continuing analysis of the use and ,ork of the Civi~ai Police and because or the interest of its membership ue have continuousl~ oiven study to both the matter o~ firearms and to the exercising of police ~ower. It is felt that there would be reasonable Justification at this time to recommend to the citl Council the amendment of the ordinance bi uhich Civilian ~olice mould be able to carr~ side aras and to take police action, both ,hill in a duty This reuommendobloo Ii mode uith u kho~ongh uederflundlng end condition thst'ull-memberl'or khe Civilian Poll&6~uotld be~thoroiGhly versed fB'~he rulel~oud reguleblont or the Police De~srbm~ot*regbrdi~ the dllchbrge or'flreermi/thob bhey mould be/subject to~oll'exloking and amy future rules u~ud reguletiool e~.to the carrying; ule'ihd dic~hurge of rlreirml sad thom they mould-receive sufrlcJeub' firearms trulafug Is*order lo qoslJfy-lw the side lerel'or performlnce'thnk a regulus pbliee officer musk Ri. Ail or the. regulations~regsrdiwg the Civilian'.Police:would remain the same smd their'octiviby mould be cou~leed'prluirily ko nisiibluce of regulwr police officers. In fact ps,airily it'll prorided iud muuld be continued thlk u Civilian Police bould perform oily bodes super- vision or and in the company or n regulus offices or the depnrtmeit. A Civilian Police orricer*l exercise or police pones sad currying o! fJreorml would be strJetl~ limited to those periods or tioe uhen on duty iud under direct supervision or the regulus deportment. TbJs recommendation mould curry the additionnl condition thnt the City Rnnugnr could revohe ut uny time the SuthorJzukJon rnr the Clvllinn Police to carry firearms and/or to exercise police power end f~rther that eikher or both authorizations would he reviewed at the end or · six mouths' period Following such wuthorization by the City Council for n dekermination of whether such uuthorlantion should be continued and much authorizuklon i~ continued after the initial six Booths wo~ld be .automatically revteued at the end of each six months' period thereafter. Or course, uny revocation by the City #hunger would or necessity hare to be confirmed by the City Council ut the next convenient opportunity rot presentation to the City Council. This is offered tithe City Council for consideration and should the Council have no objection n drnft or an amendment to the ordinance mould then be submitted to the City Attorney for the matter to be formally brought back to City Council. Respectfully submitted, S/ Julian F. Rirst Julian F. Hlrst Mr, ~oswell moved that Council concur in the recommendations of the City ManaGer and that the matter be referred to t he City Attorney for preparation of the ~REETS AND ALLEYS: Council having referred to the City ManaGer for study, dedicate sufficient land to widen and improve Eddinoton Road, S, E.0 the City ManaGer submitted the following report recommending that the city advise the residents in the area to obtain a petition by ~hich all property owners between Bandy Road and the intersection of Denton Road would agree to n donation of right of nay sufficient to · rovJde for a 50-foot right of nay width uith their commitment bain9 subject to acceptance ifa survey by the city to determine the location of Such roadway and widt and that upon procurement of the city of this right of way the city mould improve £ddinGton Road to the Denton Road, S. E., lntersection~ · Roanoke, Virginia AuGust 31, 1~?0 Ronornblc Mayor and City Council Roanoke, Virfl/nia At your City Council meeting on May 18, !~70, a petition was received from four residents offering to dedicate land to widen Eddington Road in order that the City could widen and.improve ~2~3 Eddiogtoe.Roa4, S. B. This uos referred to me rot study, report smd re~endatioo tO the City.Council. ~T~is is u matter thcs his been under fiis~asiou and ¢Saaide~atloe for snag period of tine, goioo bach even before;the petition to the Council. Since the date of the petition ne have vevleued it 14 t unmeet'or instances to try to data.nine hob to advise the Council. There ii attached n copy of ~ mop of the area ahich copies have been slightly revised to indicate actual conditions and buildings. Perhaps l,'the c0u~se of the't~ading ~f this report reference to that map will.be of assistance... .-. ...... Eddingtoo Road la the designation given to a rosduaf that inter- sects with Bandy Road, S. £** a short distance east of Garden City Boulevard, then progresses generally northuord to the City*a corporate limits, thence out into the County on up to connect mith Jae Valley Road in Roanoke Cnunt~. The rnoduay is unpaved aithin t~City. The section in the Couatf has a narrow hard surface pavement or about S* or 9* uidth which apparently has been doan for some years but nhich does not appear to have frequent maintenance. It does net appear, nor have ae been able to find anything to support, that at least the section .ithin the City area nas a State road at the tine that this area became annexed to the City~ The State set some number of years ago e right of way uidth of 30 feet for public roads that hod no other designated right of way and these rcadnnys were assigned nnnber. This nas the situation that tooh place with respect to Garden C~y Boulevard and many others not only in this section but throughout the State. It does not appear that £ddington Road nas included ia this or that it was ever a designated State roadmay. As such it was not taken over by the City as a public road at the time of annexation. Nith one exception, that mill be later mentioned, me have not been able to find any indications of a dcdication as a public roadnoy of the entirety of Eddia9ton during the time that it has been in the City nor bas there been uny indication of any action on the part of the City, again with one except im, to accept it as a public roadway or to maintain or function over it as such* The one exception is a length of approximately 220 feet frae the intersection with Bandy Road northward, This appears to have been dedicated, however, the dedicated designation of the streetway was ably for about half of a normal street width or a distance mhich best Judgment indicates to be about 15 feet or 20 feet in width. The City has on several occasions performed light maintenance over this strip. Rithin this 2~0 feet, beyond, in width, the 15 or 20 feet wide dedication the land has been regarded as private, and in length, the rest of £ddington Road past the 220-foot line and northward to the coFporate limits has not been regarded as a public road. Ne cannot find at this time any justification, based on the best information available to us, to regard the rest of Eddiugton Road other than being nonpublic right of way. Connecting to Eddington Road is a roadway bearing the name of Denton Road. There is some q'uestion about the roadmay as it ia being actually used aa being in the correct location with respect to Such maps ns we have. ~eve~theless, Denton ~0ad appears to fall into the category 5f being a'private ~oadba~.' There are foot dnellih9$ on Rddtegton Em d.' One abuts fully and one in ~art the Section Shat'the City has performed some maintenance on. 'The other tnb duellings are beyond'the 220 feet. Of the igor addresses on ~he petition that came'to City Council, one property faces on Eddington Road. The secbnd property haaprinary access by another route[ namely'Kent Road which goes out into CraJg-Rohertson Road. The third dwelling is'on Dantob Read and the fourth dwelling mhich listsa Benton Bo.ad address is in Remake Co~nty.'Thus it would appear that of the four petitioners'onl~ tug'of the daellings, as within the City, would be directl~ benefited by improvements to Eddington Road. The City's subdivision ordinance requires, and properly so, a dedicated right ef way of 50 fees'for any new street taken into the City*s system. As a means of resolving this matter at this time, ~ would be our recommendation that the City take the position of being interested in working with the residents in the,area to help provide good street access along ~ddington Road from Bandy Road to Denton Road. For this purpose it maid be further recouteaded, thnt theCity invite the residents to obtain m petition bf uhlch oil property genera betueen Bandy Road nnd the intersection of Dnntoa Roaduould agree to a donation of rioht of uny sufficient to frouide a SO-foot rigkt of ua! uidth uith their commitment being subject to thelr-ooceptnnce of a survey by the City to determine the location or such roodony tad uidth, Upon the Cityts procurement of this right of may the City could, it mould be recomoended, improve Eddlagton to the HanSon Road intersection, It is · not felt that there would be Justification In making such n proposal beyond DamSon Road to the City*s corporate limits end this remaining section should be handled under the City*s s~bdlvision ordinance by anyone developing or building upon land through,this area. Respectfully nubeltted. S/ Julian F. ilirst Julian F. Hlrst City Manager# Mr. Nheeler moved that Council concur in the recommendation of the City The motion was seconded by Mr. Thomas and unanimously adopted. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager submitted the follouing report in connection with the operation of Youth Haven, Incorporated, recommending that the operaS in of the home be placed under the Jurisdiction of the Juvenile and Domestic Relations Court: "Roanoke, Virginia August 31. 1970 Honorable mayor and City Council Roanoke, Virginia The City Council, August 17, approved the proposal that was presented before it of the establishment of a Juvenile Probation House. The Council, 1 an,advised, directed the preparet kn of a budget based on funds that Mere advised mould be available. There is attached copies of the appropriate budget sheets as applicable to the House and the allocati~ of funds. This budget was prepared by the Juvenile Court in conjunction with the Andltor*s office and appehrs satisfactory as to the distribution of monies. Of these costs approxi- mately two-thirds mould be represented by State money and one-third local share. The specific appropriation of City funds to this ~ oject Mould be without the recommendstion to my~office because the monies would be over and above the 1970-71 budget; however, it is understood that the intent of the Council is to proceed with this ~ oject $o that that particular point perhaps is not of significance. Re. hare administratively reviewed the placement of the supervision end operation of the Probation HOT e eithin the structure of the City government. The two considered alternatives have been eithe~ under the Juvenile Conr~ Or under the Department Of Public Nelfare. Con- sideration of the Department of Public Welfare has been particularly because of any possible relationship of this Home with the. Juvenile Detention Home and the coordinator or Joint admihistration of.the two facilities by the same personnel. 'The opinion and recomnendatiopo honorer, ia that this House would be more properly assigned at this time with the Juvenile Court. The Court and its personnel have been considerably instrumental in the developmen~ of the project ah~ have done all of the initial mo~h up to this point. The purpose of the House is for the referral to it by.persons who have.been before the Court as an alternative to the.referral to State institutions, pro- bation or release. This is slightly different than*th~ intent Of the Juvenile Home which is a detention facility with the objective in most instances for the detaining Of persons prior ~o Court appearance. The objective of the Probation House is to conduct probationary and rehab- ilitation work oath the youngsters who are assigned there. The work of this nature is directly in the category as performed by ~ e probation- ary services of the Juvenile Cots% and the program Of the House ~Jll be tied to the Court. There u~ll ~e rive meekly aronp'Snss'~ ·l~h' th; child end.th· pere·ts conducted by probation mork~rs in tke Court, training rnnds mill co·e through the Court to the Rouse nad ~ere mill be con- ducted probntJonsry.treeiueat. In addition eny interchange or rill-in by personnel In the operetion ~f the'ROUse mill be from the p~obstien- ery personnel ·lthle the Juvenile Court. It ie considered that this relationship is such ~het the'placement of the Rouse in the City structure at otherthnn the Court ·enid be ieconsistent with fas intent end operation. Foruarded with the Agenda ia aa ordinnnce prepared by the City Attorney authorizing acceptance of the leese of premises for Youth Raven, Incorporated, end the operation of such · facility° Respectfully submitted. S/ Julian F. Rirat Julian F. Rirst City Reneger" Hr. Link moved that Council concur in,the recommendation of the City Reneger and offered the following emergency Ordinence: (219311) AN ORDINANCE authorizing the acceptance of n mritten assignment by Youth ~aven, lac** to the City of a l~uae of certain premises located at 1325 Street, S. W.. in the City of Noanoke~ upon certein terns and conditbtS; providing for~e establishment and temporary administration of a probation house for young (For full text or Ordinance. see Ordinance Hook No. 34. page 443.) Rt. Link moved the ackptien of the Ordinance. The motion mas seconded by Hr. Thomas and adopted by the folloming vote: AYES: Roasts. Link, Perki~son, Thomas. Trout. Sheeler and ~ayor Webber .......................... 6. NAYS: Mr. Boswell .... 1. Hr. Link then offered the following emergency Ordinance appropriating $33.86?°44 to Section =lS,'Juvenile Probation Rouse,~ of the 1970-71 budget: (g19312) AN ORDINANCE to amend and reordain Section #15, "Juvenile Proba- tion House," of the 1970-71 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 34. page 444.) Rt. Lisk moved the~adoption of the Ordinance. The mot im mas seconded by Hr. Thomas and adopted by the following vote: AYES: Hessrs. Link, Perkinaon, Thomas. Trout, Wheeler and Rayor Webber ............. =-££ ......... 6. NAYS: ~r. Bosmell .... 1. AIRPORT: The City Manager submitted a written report advising that the firm of Talbert. Cox and Associates has advised that they have completed theirwoFk on,the~Airport Layout Plan Study, that they are now awaiting comments from the Federal Aviation Administration and that a meeting hal been scheduled for the first meek in September with representatives of the State Division of Aeronautics. Hr. Nheeler moved that the report be received and f lied. The ootion was seconded'by Hr. Trout and unanimously adopted. . ;25 AIRPORT: The City HonoRer submitted the following report advising that the oily operated aircraft fuel business nos transferred to Froetn Flying Service, Incorporeted.'et midnight, August 6. 1970, and obit the Coupoey Officially started service under the eeu agreement aJth the City of Roanoke et 6 p,m.. Friday. August 7, 1970: *Roanoke. Virginia . August 31, 1970 Honorable #o~or end City Council Roanoke, Virginia Gentlemen: As a melter of informetion to the City CouscJl. thin fo to advise that the City operated aircraft feel business sas transferred effective midnight August 6. 1970, to Frantz Flying Service, Incor- porated, and this compao! officially started service under the neu agree- ment with the City at 6 p.w** Friday, August 7. An inventory'or products on hand with the City was made by representatives of oil involved and the company sill be billed for ~e Cityts total Inventory. Four servicemen and one Janitor terminated their employment with the City to go to work for Frantz. The remaining rive servicemen sill continue in their former Jobs of operating the airport'from 5 p.m. to 8 a.m., seven days a meek including Saturdays. Sundays and holidays. The Janitor position has been filled. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" Mr. Thomas moved that the report he received and filed. The motion sas seconded by Mr. Wheeler end unanimously adopted. JUVENILE DE~ENTION HOME-DEPARTMENT OF PUBLIC WELFARE: The City Manager s~mitted ~ written report transmitting the six months statistical report of the Juvenile Detention Home for the period beginning January 1, 1970, and endino June,30 1970. Mr. Perkinson moved that · e report be received and filed. The motion sas seconded by Mr. Lisk and unanimously adopted. TRAFFIC-STATE HIGHWAYS: The City Manager submitted the follosing report transmitting copy of a communication from the Honorable A. Linsood Holton, Governor of Virginia, acknowledging and approving the Highway Safety Program on submitted by the Roanoke Highsay Safety Commission. Mr. Thomas moved that the report be received and filed. The motion nos seconded by Mr. Wheeler end unanimously adopted. CXTIZEN*S ADVISORY COMMITTEE-INDUS'fRIES: The .City Manager submitted a station report trsnsmitting,a Resolution adopted by the Citizen's Advisory Committee at its meeting on August 12, 1970. requesting that'the City of Roanoke take positive steps to entice nas industry into the city. aid local businesses in expansion, proven plant closings and movements out of the city and thailand adjacent to the Roanoke Industrial Center be developed to provide tax revenue sorely needed at this time. : Mayor Webber pointed out that Council previously adopted s Resolution relmthg to neu businesses e~tcblishing in the City of Roanoke. POLICE DEPARTHE~T£FIRE DEPARTMENT: The City Manager submitted the follou- lag report in connection mith the status of personnel in the Police Department ccd the Fire Depsrtment for the month of July, 1970: "Roanoke, Virginia August 31, 1970 Honorable #~yor and City Council Roanoke, Virginia Gentlemen: Listed bclom in the status of the Police and the Fire Department as of July 31, 1970: *Police Department Hired William K, MesS, Police Officer July 1, 1970 Kathleen A, Elate, Clerk-Steuoo July 1, 1970 Carolyn R. Romlend, Clerk-Steno. July 16. 1970 Ending July 31. 1970 (4) vacancies. Fire Department There mere no personnel changes in the Fire Department for the month of July One vacancy exists.* Respectfully ~ubmitted, S/ Julian F. Hirst Julian F. Hirct City Manager* Mr. Trout moved that the report be received and filed. The motion Mas seconded by Mr. Lick and unanimousl~ adopted. BUDGET-CITY ATYORNEY: The City Attorney submitted the following report advising that he has made arrangements to fill tmo Assistant City Attorney positions in his office at the rate Of $9,000.00 per annum each, recommending the adoption Of an Ordinance which would reallncate the aggregate amount Of $1H,012.00 for the two *onitions and advising that inasmuch ac approximately one-fifth of the appropriated by Council in the 1970071 budget for the two positions has not been expended that $704.00 of said amount be transferred to the salary of Mr. H. Hen.Jones Jr., who has been his only assistant attorney and who has pro~en most capable in assisting in the affairs of the office: '~ugust 31, 1970 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Gentlemen: It in requested that the follouing described changes or transfer of appropriations be made between certain items heretofore appropri- ated for Personal Services, Object Code lot, of this office, which may be done #ithout additional approprJat~n. · Prior chaagea in such appropriations resulted ia there being appropri- ated for tva (2) thea~oarfll~ positiona in my office the follomfng: Assistant City Attorney, Vacant $10,000,00 AssiStant City Attorney, Vacant S 8,004,00 Since those provisions mere made, I hare made ~rrangemeatu to fill those tva vacancies, one by employment of a recent lan graduate from a Virginia lam school, licensed at the Jane, 19TO Virginia bur exam- ination to practice lam in Virginia, uho sill commence his duties ia my office im.Septeober after coopletinO certain military obligations. $9,000,00 per annum mlthongh, as you mill note, over tug months of that annual figure alii, for the time being, remain abased. The other employment is that of Hr, Robert Patriot teary, a member or the Neu Jersey bar mince November, 1969, and nam un applicant for the VirgUle bmr, rhone training and experience I feel certain I can use for legal research, investigative and routlnc lam office purposes until such time as he becomea qualified to practice in the courts this state, flouever, during the interim period, my agreement with him is for employment as a lmm cleft or assistant to~e City Attorney, at un annual salary rate or SB,soo,oo, to advance to the rate of $9.000.00 upon such liceasino. I ask, therefore, for approval of u routine budget transfer ordinance uhich is being submitted by the City Auditor, which mould re-allocate the aggregate amount of $10,012.00 for those tug positions as follows for the current year: City Attorney Tug Assistant City Attorneys @ $9.000.00 Inasmuch as approximately one-firth of the ab~vementioned sums heretofore appropriated for legal services of.this office for the current year have been unused, I would respectfully request the Council to consider at this time the transfer of $704.00 of that sum to the $13.296.00 present salary of Mr, H. Ben Jones, J~, who, since August, 1966, has been my only assistant attorney and ~ho has proven most capable in assisting in the affairs of this office. Respectfully, S! J. N. Rincanon J. N. Kincanon City Attorney" Mr. Perkinson moved that Council concur in the requests of the City Attorne and offered the following emergency Ordinance: (m19313) AN ORDINANCE to amend and reordain Section =4, "City Attorney," of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 445.) Mr. Perkinsoa moved the adoption of the Ordinance, The motion was seconded ~y Mr. Thomas-and adopted by the follo~inG rote: AYES: Messrs. Boswell, List, Perkinson, Thomas, Trout, Wheeler and dayor Webber .......................... 7. NAYS: None ................. O. REPORTS OF COMMITTEES: CXTY MARKE~: Council having appointed a committee to analyze and investi- gate the operation Of the City iartet the committee submitted the.following report recommending that either the City Rafter he placed On a reasonably self-sustainin9 basis or the City Marten Building be razed and proposing that the City Manager he luthorized to negotiate with present tenants in cocsection ~ith the proposed program lad revised rental rates, subject to the ~nal approval Of Council: II iii ._ August 31, 1970 Honorable Mayor mud City Council Roanohe, Virginia The operatfmo budget SS pa~aed by Cia! Cou·~il ~or th~ current fiscal year contains $87,356.O0.for. the operation or abe City Market, mhfle the anticipated revenue for.the Slue period la only $37,000. As · result of tkis nnticlpnte~ dirfereace,-City. Councll durl·g:ita budget deliberations appointed the undersigned committee to ·aalyse and reanimate the operation of the CitT Market end to obtain information upon which the City Council con make a decision ·c to shut action might be taken with reb·rd to the continued operation o! this regality. la analyzing the budget for this department, your committee is in · greement that the expenses attributed to the weights and measures are not a true.City Market cost and should not be considered In the above total of $B7,356. A list of the costs attributed to the mefghts ·nd me·safes ia attached ($13,010), This.leaves · Market operating cost of $74,346. In a revieu of the ~ersonnel assigned totke City Market, it determined that three persons, one uatchman ·nd tug equipment main- tenance men. are assigned duties ahlch directly relate to the ·ntiquated refrigeration system at present installed within th~structure; Their salaries plus a maintenance contract for oper·tion of this antiquated refrigeration system and contained in Hudnut Account 64, kaintenance of City Property ($6500), totals $24,716 this year. This refrigeration system supports eight occupied meat.market stalls, lO refrigerated coolers, three additional meat cases and three refrigerati]~ s~kteus installed in outside stores~ Replacement of refrigeration system as anticipated ln~e Somerso Bodes and Mhite- scarver report or 1960, at a total cost of $97,000, is urgently needed. Your committee, although recognizing the need for adequate refrigeration equipment, cannot in good conscience justify the expenditure of tbs · mount of money for a losing operation. Therefore, if the meat market portion of the City Market is to c~ntinue to operate, some ·rr·ngement mill be needed sbereby the City sill not find if necessary to continue operation of this refrigeration system. Several actions may be taken to reduce the operating deficit. It is possible to increase both building and curb market rentals (see attached list) while reducing operating cost through sever·l methods. Dy closing one of tug momen*s restrooms in the building, it mould be possible to elinin·te one mead. This would he an annual s·vings of $4,920 in sal·ry. By reductng~nitorial services in be meet m·rket and restricting the Janitor*s responsibilities to cleaning only public areas, it is possible to eliminate theneed for one Janitor with a resultant saving of another $4,200. This would mean that meat m·rket ten·nas Mould clea~ their gan areas and empty their own ~efuse and ar·ah. In addition meat m·rket operators and other shopkeepers aha use this facility and 'City refrigeration equipment should be notified that the City intends to discontinue the City operated refriger·tion system effective July 1, 1971; and if they are to continue to utilize the mather .facilities, it mill be necessary that they modify the existing equipment for ~eJr priv·te operation ·nd use. Hy this method it is possible to further reduce the annual operating budget by an · pproxinate $24.71b, ha~ed on the current budget. Tenants using the exls~ting refrigeration system who desire to continue operation uithin the m·rket building will have approximately eleven months to arrange their own refrigeration. They mill be allowed to modify and upgrade the existing equipment tn the neat merkur. The u·in compressor and line to the b·sement will be ·b·ndoned; hosever, the tenants may install new e~ulpment and electrical service to continue us·ge of existing cooling boxes and neet cases. Design of e·ch privately- owned refrigeration system is to be approved by the City Engineer prior to commencement of any sork. It is anticipated that it would cost e·ch of these merchants approximately $2,000 to modify, the refrigeration for one stall to provide themselves with cooler ·nd display c·se space. Because of the scope of this under~·king prior to making this com- mitment a merchant would need to be ·snared of some stabil~y of existence in that location. Xt wou~d he logic·l th·t the City determine the ~uuber'or tenants aba would tike this step prior to authorizing any tenant t6 proceed, Thus~khe Clky could ascertain if it mould still be economically feasible to operate the City Mcrhet under these ~ondltions, Your cuuuittee recognizes the stntfllzing affect the City #urhet hum on the doactouu essa area uud because of th Is recommends t hut the City Market building be given a chance to prove that it-con exist ga u feasible basis. It is recommended that City Council. consider tug nlkerautiven: .Either the City Murkek should-be placed on 8 reasonably self-sustaining basis or the building should be razed, ~e propose that the City Manc~er be authorized to negotiate ulth the present tenuous on the nforementioned program and the revised reutnl rates (shown on nttuchmect No, 2), subject to City Couacilts final npprornl. Should it becoue apparent that theMnantl are not willing to utilize this uethod and the unrh~t cannot be put on u rensonsbly self-sustaining basis, it mould be your coumittee*s recoumendation that on July 1, 1971o City Council consider sotifyino all tenants ia the City Mother building that the structure mlll'be vscnted and razed not later than July 1, 1972. This-one yenrts notice alii be required ns Bowles Bakery and Purher Seafood have ten year lenses which cnn only be teruinated after a yenr*s notice, All other tenants lense on a month-to-month basis, Every effort is to be mode to absorb city employees relieved from market duties as a result of either the reduction of activities at tbs wnrhet or the deuolition of the facility, Continued.operation of the City Market building should be predi- cated on the fact that the third floor would be abandoned for mass usage, Rashetball practice cess i~s would be permitted, but regular games attended by the public will not be permitted, Minimum maintenance mill be performed on the Market building durlno tbs current year; however, should City Council decide to continue operation of the City Mather buildin9, minimum capital improvements ere needed to eliuinate some existing deficiencies. Nith the eliminat~ of the.refrigeration system, the need for improve- ments bas been oreatly reduced. It should be emphasized that the actions contained in this report, otherthnn rental increases, apply to~e City Market building above. The curb market is self-sustaining and should City Council decide to remove the Market building this curb market would remain in use. Nith the demolition of the Market buildino,it might become necesnary to provide come additional source of toilet facilities within the m rhea area for the farmers and the partrons. ~espectfully submitted, S/ John ~. Boswell John N. Bosmell S/ James O. Trout James O. Trout S! J. Robert Thomas J. Robert Thomas S/ Byron E. Caner Byron E. Hanev" After a discussion of the mutter. Mr. Thomas moved that the report be referred to the City Manager 'for implementation insofar ns the rates are concerned and report back to Council. ~he motion was seconded by Mr. P~ kinson and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION'AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SPECIAL PrnMITS-STMEETS AND*ALLEYS: Or~innnce No. 19306, pe~mfttiBg an encroachment of not Bore than ten inches of i chain link fence over end Into the east right of may on 14th Street, N. W.. for n distnnce of npproximetel! 72 feet, having previously been before Council for ils rtrnt reading.reed end laid over. mas again before the body. Mr. Wheeler offering the follom'ing' for its second reading nnd final adoption: (=19306) AN ORDINANCE permitting en encroachment of not more than ten (10) inches of · chain link fence over end into the east right-of-say on 14th Street, N. W.. for · distance of approximately 72 feet, said fence to be erected on the meat side of a building located on Official No. 2212901. upon certain terms and conditions (For full text Of Ordinance. see Ordinance Book No. 34. page 438.) Mr. Wheeler moved the ~option of the Ordinance. The motion mas seconded by Mr. Trout and adopted by the folloming vote: AYES: Wessrn. Bosuell, Link, Perkinnon. Thomas. Trout. Wheeler and Ha/or Webber ................. 7. NAYS: None ........ O. BUDGET-COUNCIL: Mr. Link offered the folio, lng emergency Ordinance appro- priating $4,000.00 to Travel Expense and $1,OOO.O0 to Ou~. Memberships and Subscripti under Section =1, 'Council.* of the 1970-?1 budget: (=19314) AN ORDINANCE to amend and reordain Section =l, 'Council." Of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 34, page 445.) Mr. Link moved the adoption of the Ordinance. The motion was seconded by imf. Trout and adopted by the following vote: AYES: Messrs. Link. Perkinson. Yhomas, Trout, Wheeler and Mayor Webber ...................... ~ .... 6. NAYS: Br. Boswell ..... MOYIONS AND MISC£LLANEOUS BUSINESS: HEALTH DEPARTMENt: Mayor Webber advised that he has appointed Mr. W. M. #cAllister es a member of the Board of Directors of the Roanoke Guidance Center to nerve in a liaison capacity betmeen the Guidance Center and C]~y Council. Mr. Thomas moved that Council concur in the appointment made by Mayor Webber. Yhe motion man seconded by Mr. Wheeler and unanimously adopted. HOUSING-SLUM CLEARANCE: The City Cl~rk reported that Messrs. W. Courtney King. Jr,, and S. Lenin Lionberger have qualified as Commissioners of the City of Roanoke Redevelopment and Housing Authority for terms of four years each beginning September 1, 1970, and that Mr. Ed#in Lo Phillips has qualified ns n Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired tar of Dr. Wendell B. Butler. resigned, ending August 31. 1972. Mr. Lisk moved that the report he received and filed. The motion mas seconded by Mr. Mheeler and unanimously adopted, SCHOOLS: The city Clerk reported that Messrs. C. E. Norris, T. T. Moore and Herman H. Pevler have qualified os members of the Roanoke City School S~rd for terms of three years each ending Jnne 30, 1973. Mr. Perklnson moved that ~he report be received and filed. The motion was seconded by Mr. Trout a~ unanimously adopted. There being ~o further bualneas, Mayor Nebber declared the meeting adjourned. APPROVED ATTEST: COUNCIL, ORGANIZATION #EETIN~, Tuesday, September 1, 1970. The Council of the City of Roanoke wet ia thelCouacil Chamber in the aeu Municipal BuildinG. Tuesday. September 1. igTo, at 3 p.m., pursuant to Section 10 of the Cit~ Charter, for the purpose of erGanization, utah Mayor Webber presidinG. PRESENT: Councilmen Robert A, Garland. David K. Lisk. Noel C. Taylor, Hampton M. Thomas. Junes O. Trout,.¥iaceat S. Wheeler and Mayor Roy L. Wehber~ .......................... 7. AHSENT: None ..........O. OFFICERS PRESENT: Mr. Julian F. Nirst, City Manager, Wr~ Byron E. Hamer, Assistant City ManaGer, Mr. fl. Ben Jones, Jr.. Assistant City Attorney, and Mr. J. Robert Thomas, City Auditor. COUNCIL: Mayor Webber stated that the present meeting of Council is beinG held pursuant to Section 10 of the Charter of the City of Roanoke, at mhich time the mealy elected Councilmen shall assume the duties of their office. The City Clerk presented a certificate of election to office from Mr. Walker R. Carter, Jr., Clerk of the Hustings Court of the City of Roanoke, YJrGinia, certifying thaL aa election nas held on the 9th d~y of Juno, 1970, for the city pursuant to lan, that Messrs. Robert A, Garland. Noel C. Taylor and Hampton M. Thomas received the highest number of votes cast at maid election for the office of members of City Council and that they mere declared duly elected to said office according tO law. Mr. Wheeler moved that the certificate of election to office be received and filed with the City Clerk as required by Section 59 of the City Charter. The motion mas seconded by Mr. Trout and unanimously adopted. The C~y Clerk also presented oaths of office taken by Messrs. Robert A. Garland, Noel C. Taylor and Hampton N. Thomas and reported that they have qualified for the office of members of City C,un'cji for terms of four years each beginning September 1, 1970. Mr. Wheeler moved that the oaths of office be received and filed nith the City Clerk as required by Section 59 of the City Charter. The motion mas seconded by Mr. Trout and unanimously adopted. Mayor Webber welcomed the new membern of Council ~nd invited their comments Mr. Garland read the followinG statement advising that he is looking former, serving with ~ ch member of Council and urging that the body dedicate itself anew to seeking the best for the City of Roanoke: 'Mr. Mayor and Gentlemen of the Council: AS one of the new members of this body, I would like to say this as me begin this nam administration. I am looking foruard to serving mith each of you. I hnon that all of us assembled here are loyal and dedicated Roahokeri Vltilly interested lid concerted lith the grouth, iid pregreII of our city IS uel! IS the eitlre vIlleyo All of un here xoild agree thIt Roiooke is a wonderful pisceii mhich tolive. It hlI been richly blessed by God*c creation. One his ally to visit Plktsbirgh, Nea York, Neasrk or LusAngeles tm discover thIt RoIsbke has much to offer thlt other citleI donut, It is rot us t o live ip to the quality of eur nItural enviroaieot, it ii [or gl to build n city which will be heIutiful sad is eadsrlIg In the solid ioaotoins thit surroiad OS. Yes, ae Ire fortunate Indeed'to live in this beiutifol vIlley, Our sating should ever be oar Inspiration iud oar example. Then too, our City Government is free of corruption Iud graft. Ue hive basically good race relitloai,'ue hive rensonnble tixes Iud me have several thousand loycl eiployees. I think me hare inch going In our favor iud inch to be thlnhful for. ' This Co~ncll la nam coIposed of four DemocrIts and three Republicans. Aa ae begin today, I thioh it shoeld he itited tbit Partlslan Politics should nat enter into our deliberItiona mr our ippo~ments, thIt our decisions should be bised on thit which is ii the best interests of the City; I beliere that mith you fine gentlemen, that thIt will be the case. With this nan administration, Me should sate a renewed effort in promoting cooperation between the four valley governments. Me need a nan and fresh approach to breah this existing deadlock. I realize that the city is involved in an annexation suit with the County and effect that outcome. Unfortunately, for the entire valley, os Me mark time aIaiting this decision, plans that require valley wide participation and joint action and cooperation are left deteriorating, thus throning us luther behind in economic and cultural growth. Let us consider our neighbors is our friends iud not as our enemies. What effects one valley government, effects ua all admittingly, there is no eisy solution but it cia be done and it unit be done and ue should undertahe to do it. While campaigning for this office back in the spring and talking to · many of our citizens, they seemed concerned with basic city services, mainly police protection, street lighting, street repair, condemned houses, the things that effect there every day living. We should concentrate our efforts in these areas. Interestinoly enough, very few complaints concerning excess taxes Mere received. The fact that 3 out of 4 of the candidates running on a no tax increase platform lost the election is of some real aignificance. As long IS Me give ' fairly good service and some visible evidence of where their tax dollar is being spent, there will be very fei public ontcrys. 'I believe that the taxpayer realizes that for his municipal tax dollar they are getting their money's worth, particularly nhen you compare it with the Federal and State Taxation Program. Let me make myself perfectly clear on this Subject, that Me should resist any increases in taxes at this time, motivating our employees and deriving full benefit Of their energies but at the same time never allowing our city services to deteriorate or to become mediocre, or OUr educational system to become second rate or our equipment and facilities to become obsolete because Of the lick Of money. Political expediency and pressures should be avoided. This Council**has*much to look forierd With completion of this beautiful building, the Civic Center nearly finished and the tmo new Junior High Schools most ready for occupancy, Me must resolve to teep Roanoke moving forward. Let us dedicate ourselves anew to seeking the best for this young and still promising city for it deserves no less. It is our home, let us not stint in its service or its ~pport. It's great to be back. Thank you." Ur. Taylor made a verbal statement advising that he is looking fornard LO serving On Council and outlining his hopes for future accomplishments by that body Mr. Thomas read the folloming statement expressing the hope that the indi~ ridual Councilmen Mill continue to move Roanoke forward representing Ill of the citizens of the City of Roanoke and that Council Mill continue to mark for harmony, 'The 19rigor I stay on~Counoil the shorter thnt I rind speecbej become, As n mutter of Inca, I uns surprised thnt the Mnfor mill permit me ~o spenb ut nil todnlo · But seriously I uelcome both Mr, Gsrlnnd nnd Rev, Tnylor to Conncll, I pnrtfeulnrll mnnt to tbnnh Mr, Garland for hie aoupnrtinnn remarks uhich I listened to ultb great interest, · One ~ncosn~ers min~ nUt~tnnding ~xperlencen ~n'¢lty Council, Most pnrticulnrly I find that,, one; it is un honor to be a purr ~f · positive, rormnrd thinking Council--8 Council Uhich nots in n positive businesslike manner, Se.condingly, I have found thnt it is quite exciting to be n pnrt ut n Council thnt strives to beep the Cspitnl Improvements Proornm on course, It is a greatthrill to see these projects come to fruition, It has been difficult for those Councilmen mbo have preceded this administration to beep the Cnpttnl Improvements Program going, but they · members of this Council mill do no less ia Able regard, · I hope that me as individual Councilmen mill. continue to move Roanoke fnrmard representing all of the citizens of the City of Roanoke and tbnt the Council mill continue to murk for. hnrmony. economy nnd efficiency, Thank you Mr, Mayor,* There beino no further business, Mayor Webber declnred the meetin9 adj on'med, APPROVED ATTE~'_r: City Cleft _. ....... Mayor COUNCIL, REGULAR MEETING, . Tuesday, September 8, 19TO. The Council of the City of Roanoke mat io regular meeting ia the Coancil Chamber ia the new Municipal Building, Tuesday, September 8, 1970, at 2 pom., the regular meeting hoar, with Mayor Mebber presiding. PRESENT: Councilmen Robert A. Garland, ~avld £. Llsk, Hampton Mo Thomas, James O. Trout, Vincent So Mheeler and Mayor Roy L° Mebber ABSENT: Councilman Noel C. Taylor ...................... OFFICERS PRESENT: Mr° Julian F° Birst, Cit~ Manager, Mr. Byron £. Haoer, Assignat City Manager, Ur. James N. Eincanon, City Attorney and Mr. Jo Robert Thomas, City Auditor. INVOCATION: Thc meeting was opened with a' prayer by the Reverend Raymond IMoore, Retired Method/st Minister. MINUTES: Copies of the minutes of the regular meeting held on Monday, August 17, 1970, and the special meeting held on Wednesday, August 19, 1970, having been furnished each member of Council, on motion of Mr. Lisk, seconded by I~r. Trout and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MA~TERS: SIDEWALK-CURB AND CUTTER: Purauant to notice of advertisement for bids on the construction of concrete curb and gutter and concrete sidewalk at Various locatl¢ In the City of Roanoke, said proposals to be received by the City Clerk until 2 p.m** Tuesday, September 6, 1970, and to be opened at that hour before Council, Mayor Mebbe asked if anyone had any questions about the advertisement, and no representative pres 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 ~r. Wheeler 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 in accordance with the recommendation of the committee. The motion was seconded by Mr. Trout and unanimously adopted. Mayor Mebber appointed Messrs. Byron E. Haner, Chairman, William Fo Clark [and Samuel fl. MeChee, IIX, as members of the committee. STREETS AND ALLEY: Council havelng set a p. ublic hearing for 2 p.mo, Tuesday, September 8, 1970, on the request of Interstate Equipment Corporation, that that portion of an alley or roadway known as Jackson Avenue, S. #** between the east line of 9th Street and the east line of 9 1/2 Street, S. W°, bounded on the north by the Norfolk and Western Railway Company right of way and on the south by Lots 6 and Section 15, and Lot 9, Section 10, J. W. ~ebb Map, and a portion of 9th Street, be vacated, discontinued and closed, the matter was before the body. Il s Xn. this connectiont the City Planning Commission submitted report recommending that the request be gr.nnted: the folloulng UAugust 6, ,1970 The Honorable Roy L. Webber, Mayor and Members of City Council ~oanohe, Virginia Gentiemenz The above request was considered by the CityPlaaaing Commission at its regular meeting ~f August $, '1970, Mr. Leroy Moran, attorney for the petitioner,' appeared' before the Planning Commission and noted the following: that a portion of *this alley ~ad been closed since 1949; that *the Engineering Department maps show this entire alley closed, and that another alley on this blockt generally contiguous to the requested alley closure, had been closed on September 29, i969. Some members of the City Planning Commission voiced concer,n with the access p'roblems asnociate4~with the alley vacation, It wast however, noted by Mr. Moran that there would be no access problems associated with this alley closure. ~Accordingly, motion was made, duly seconded and unaa'lmously approved recommending to City Council that this request be granted. Sincrerely, S/ John H, Parr.t* by L.~. John Ho Parrott Chairman~ The viewers appointed to study the matter s'ubmitted n wri'tten report advisi 'tha't they have viewed the alley or roadway in question and the n~lghboring property and are ~naa'imo'usly of the opinion that no inconvenience would result either to any individual or *to the public from vacating, discontinuing and closing the alley or roadway. No one appearing in opposition to vac'ating, disco'n'tin'uin'g and closing the alley or roadway~ Mr. Link moved that the following Ordi'nance be placed upon its ifirs't reading: (=19315) ~Ji ~RDINANCE enacted pursuant to the p'rovision of Section 15,1-36 of the Code of Virginia (1950) as amended to date providing for ~ncatingt discon- tinuing and closing tha't* poltROon of an alley or roadway known as Jackson Avenue, S. between the east line of 9th S't'ree*t ~nd the east line of 9 1/2 Street, S. H,, bounded on' the north by the Norfolk ~ Hester~ Railway Compan~s right o£ wayt and on the tout by Lot~ ~ and 7, Section 15, and Lo't 9, SectiOn '10,' J. W. Webb ~ap, and a ~ortion of 9th Street, S. W** now closed, in the City of RoanOket Virginia, WNEREASt a petit'ion has been filed with the Council of the ~ity of Rmnok~ pursuant to the provisions of Section 15.1-3~ of the Code of Virgiai~ (lg50) as amended to date, wherein it is asked that that portion of an alley or roadway known Jackson Avenue, S, W., between the enStline of 9th Street and the east l'ina of 9 1/2 Street, S. W., bounded on the north by No~folk ~ Western Railway Companyes righ of way, and on the sou~h by Lots 6 and 7, SectiOn 15, and Lot 9, Section* 10t J. H. Hebb Map, and a portion' of 9th Street, S, ~** now closed, he vacated, discontinued and closed; and ~ ' WHEREAS, due legal notice mas posted as required by Section 15.1-364 of th Code of Virginia (1950) as amended t~ date, and in conformity with the law in such cases made and providedo ~he land proprietors affected thereby along that portion of said alley have been notified; and MREREAS, by Resolution Rd, 19230 adopted on the 22nd day ef June, 19700 the Council of the City of Roanoke, Virginia, appointed viewers tO report whether or not in their opinion any, and if any, mhat inconvenience mould result from per- m nently vacating said portion of said alley; and WREREAS, the viewers appo~ted reported, in writing, that after having been duly sworn, they viewed the said alley and the neighboring properties and are unanl- molly of th~ opinion that no Inconvenience mould result either to the public or to any person, firm or corporation from permanently vacating, discontinuing and closing said portion of said alley; and · #HEREAS, the petition was by the Council referred to the City Planning Commission for its report and recommendat f~ and the City Planning Commission ret*munn ed that said portion of said alley, be vacated; and WHEREAS,. the Council of the City of Roanoke caused a public hearing to be held on the question after publication of due notice thereof; and NREREAS, this Council, after considering the evidence submitte~, is of the opinion that vacating that portion of an alley or roadway known as Jackson Avenue, S. between the east line of 9th Street and the e~ t line of 9 1/2 Street, S. W,, bounde( on the north by the Norfolk and Western Railway Company*s right o£ way, and on the south by Lots 6 and 7, Section 15, and Lot ~, Section i0, J. N. Webb Map, and a por- tion of gth, Street, So N., now closed, will not abridge or destroy any of the rights and privileges of any person, firm or corporation and that no inconvenience would result to anyone therefrom, and Is further of the opinion that the request of said petition should be granted, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that portion of an alley or roudwoy known as Jackson Avenue, S. W., between the east line of 9t~ Street and the east line of g 1/2 Street, S. W** bounded on the north by the ~orfolk ~ Western Railway Company's right of way, and on the south by Lots 5 and ?, Section 15, and Lot ~t Section 10t J. W. Webb Mop, and a portion of 9th Street, S° W. now closed, be permanently vacated, discontinued and closed as provided by Section 15,1-364 of the Code of Virginia (1950) as amended to date, and in accordance with the law in such cases made and provided. BE l~ FCR~RER ORDAINED that notwithstanding anything to tie contrary herein contained, the City of Roanoke reserves unto itself an easement for any water or sewn or other public utility line or lines, if any, now existing in the abovedesc~lbed right of way, which is herein vacatedt discontinued and closed, along with the right of lngeress and egress for the maintenance and repair thereof. BE IT ~URTHER.ORDAINED by the Council of the ~ity o~ Roue*he ~het · certi- fied copy of this Ordinance be delivered by the City Clerk to the Clerk of the Hustle Court of the. City of Roanoke, Virginia, to the Clerk of the Circuit Court of the County of Roanoke, Virginia. and to the City Engineer of the City of Rom*kef Virgin il that the City Engineer. of Roanoke, Virginia, make appropriate notation of the vacstlo herein approved on ~he OSfleial Map of, the City of. Roanoke, Virginia. - The motion was seconded by. Mr. Wheeler and adopt~d by the follomipg vote: AYES: Messrs. Garland, Llsk, Thomas, Trout, Wheeler and, Mayor Webber ........................ 6, NAYS: None .........O, (Dr. Taylor absent) ZONING: Council having set a public hearing for 2 p.m., Tuesday, Sept..bet 1~70, on the request of'Rr, Stunley C, Meinberg, et ex., that property located on the northeast corner of Brandon Avenue and Edgemood, Street,.S. Mot described as a part of a five acre tract of land, Persinger Lands, Official Tax No. 161p204, be fez*ned from R~-I, General Residential District, to ~-2, General Commercial District, the matter was before the body. In this connection, the City Planning Commission submitted the following report recommending t~at the request for rez~ning be denied; "Augus~ 6, 1970 Yhe Honorable Mayor Roy L. Mebber, and Members of City Council Roanoke, virginia G~ntlemen: ,- . The above cited request was con, id.red by the City Planning Commission both at itu regular meeting of June 17 and August 5, 1970. Mr. ~alter ~. Mood, attorney for the petitioner, appeared before the Planning Commission and stated that thp petitioner p?oposes to erect a Texaco Service Station on a portion of this land in question. Mr. Meinberg, the petitioner, stated that the area is conducive to this type of development (service station, grocery ?tore and apartment uses are located in the general area) and, in addition, the p~opose~ service station would be beneficia~ to the City~as a tax resource. ~fter due consideration of this petition a motion ~as made and duly sepgnded that a recommendation be made to City Council that this request be approved, with a subsequent vote Of three ayes and three nay.s. This petition was then forwarded to the City Council with no recommendation, since a quorum vote could not be obtained by the Co,mission members. The City Council ut its regular meeting on June 22, 1970 referred · this petition b~ck to the City Planning Commission for a definite recommendatinn~ The petition wsa again considered by the City Planning Commiss{on at t~s regular meeting of August 5, 1970 where a motion wes made, duly seconded and unanimously.approved recommending to City, Council that this request be denied. (Paren~tlcally, it was agreed by all the Commission members present that in cases where a quorum vote could not be obtained on a recommendation, the matter would be carried over to the next regular meeting !or a rev*t.. This action is in keeping with the City Planning Commission By-Laws.) Sinc~el~, S) John'H. Parr*t, by L.M.' John H. Parr*it Chairman" 39 Hr. loiter lo ~ood, Attorney, representing the petitioner, appeared befor Council ia support of the request of his client. No one oppesring lnnl~ositinn to the request for reaoning. Hr. Wheeler moved that the following Ordinance be placed upon its first reading: (s19316) AN ORDINANCE to amend Title lVb Chapter 4.1, Section 2, of The Code of the City of Rounohe, 1956, us amended, and Sheet No. 161, Sectional 1966 Zone Rap, City of Rosnohe, ~relation to Zoning. WHEREAS, application,has been nude to the, Council of the City of Roanohe to have the property located on the northeast corner-of Brandon Avenue and Edgenood Street, extending 150 feet along the east side. of Edgemond Street and 200 feet alon~ the north,side of 8random Avenue, according to the Official City Rap a portion of a S.O acre tract that is designated as, Official Tax Number 1610204 rezoned from nC-l, General Residential Dlstrlct,,to C-2, General Commercial District; and WHEREAS, the. City Planning Commission has recommended that the hereinafter described land not be rezoned from RG-I, General Residential District, to C-2, Cea*r; Commercial District; and · RHEREAS, the Mritteo notice and the posted s lgn required to be publis had and posted, respectively~ by Section 71, Chapter 4.1, Title I¥6 of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have been published and post*, as required and for the time provided by, said section; and WHEREAS, the hearing as provided for in said notice was held on the 6th da of September, 1970, 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 herd, both ~or an~ against the proposed rezontng; and WHEREAS, th~s Council, after considering' the e;idence as'herein providedt is of ~he opinion that the he~elnafter described land should be rezoned. THEREFORE, DE IT ORDAINED by t~e Council of th~ City of ~oanohe that Title XV, Chapter 4.1, SectiOn 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. lSl of the Sectionallg~5 Zone Map, City of Roanoke, be amended in the follomlng particular and no other, via.: Property l~cated on the northeast corner of ~randon Avenue-and Edgewood Street described os a portion of a 5nO-acre tract that is d~signated as Official Tax Number 1610204 on Sheet 161 of the Sectional 19~5 Zone Map, City of Roanoke, be, and is hereby, changed from RG-I, General Residential District,.to C-2, General Commerci; District, and that Sheet No.'161 of the aforesaid map be changed in this respect. The motion'was seconded by M~. Trout and adopted by the follo~ing vote: AYES: Messrs. Garland, Link, Thomas, Trout. Wheeler and Mayor Webber ............ ~ ............. 6. NAYS: None ............ ~. (Dr. Taylor absent) PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A communication from the Appalachian Pomer Company, transmitting a list of street lights installed and/or removed during the month of August, 1970, mas before Council. Hr. Thomas moved that the report be received nnd filed, The motion mas seconded by Hr. Lisk nnd unanimously adopted. PARES AND PLAYGROUNDS: A communication from Mrs. Damn Veils, applauding the suggestion of Mayor Webber that a cnmmittee be appointed to evaluate the Mill Mountain ZOO and requesthg that she be considered ns a member to said committee, mas before Council. Hr. Wheeler moved that the ~muunication be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. ELECTIONS: A communication from Hr. Andrew H. Thompson, Chairman, Electoral Board, requesting that the London Precinct be changed to the Harrison Elementary School at 523 Harrison Avenue, N. W.. mas before Council. Mr. Trout moved that Council concur h the request of the Electoral B~ rd and that the matter be referred to the City Attorney for preparation of the proper measure. The motion uss seconded by Mr. Lish and unanimously adopted. REPORTS OF OFFICERS: S~REETS AND ALLEYS: Council having referred torte City Hannger for study. report and recommendation a communication from Mr. C. H. Martin, 910 Fifth Street. S. N., requesting~at the alley at the rear Of his property be paved, the City Manager submitted u mritten report advising that the repairs have been accomplished. Mr. Thomas moved that the report be received and flied. The motion nas seconded by Mr. LJak and unanimously adopted. HEALTH UEPARTMENT: The City Manager submitted a mritten report transmittin copy Of u release from the Governor*s Office announcing approval of the application for u grant of state funds nupporttug a program of the City of Eoanoke, the City of Salem and the County of Eoanoke ns represented by the Eoanoke Valley Community Mental Health and Mental Retardation Services Board. in the amount of $59.228.00. Mr. Thomas moved that the report be received and filed. The motion mas seconded by Mr. Wheeler nad uuaulmously adopted. JUVENILE DETENTION HOME: The City Manager submitted a written report transmitting copy Of the annual re~ort of the State Department of Welfare and Insti- totJonn on the inspection of the Juvenile Detention Home for the period beginning July 1, 19~9. and ending Jnne 30, 1970, advising that the report is n relatively good analysis of the Juvenile Detention Home. Mr. Thomas moved that the report be received and filed. The. motion mas seconded by Mr, Link~sndunnnimously adopted. Mt. Link;then mbved that,the, report he, referred bock'to the City Manager fo~ study~report and recommendation to Council in connection math inadequacies and overcromdin9 as outlined in the report. The motion was seconded by Mr. Garland and unanimously adopted. CAPITAL IBPROVEBENT PROGRAM-MUNICIPAL BUILDING: The City Manager submitted the follouJv report in connection utah renovations to the Municipal Building. sdviein~ that definite planning has been initiated touerd murk mJthln funds available for the relocation of the Police Department to a portion of te Reid and Cutshell Dullding. that Bnjee. many, Mnttern sad Mattern. Architects end Engineers. has bee~ requested to correlate and summarize all informntioe to date including several alternatives as to plans uith respect to court facilities and constitntimal officers quarters, said alternatives to be geared to different levels of funds and mhnt night be described as long and short,range approaches and proposing that the vacant space in the Municipal Bnildino be used b$ the offices non In the b~lding nith the ~nderstanding that they maj have to relinquish the space to permit nny renovation work that might Lake place mud aith the further un~erstmdiflg that there be no construction work ~fthin the building nt the present time: "Roanoke. Virginia September D. 1970 Honornbl'e Major and City Cou~ci~ Roanoke. Virginia Gentlemen: As the City Council is naars, a combination of circumstances have been t'aklng place with regard to th~ municipal building occupied bJ courts, the pblice, et cetera. In the 1967 bond program $3D0.000 was provided for renovation aork for its use bJ those functions not moving to the new annex. This sum ann increased in July this year to approximately $550.000, In tbs meantime between 1967 and now the Citj bought the parking lot et Third and Church mhich was not orloinally anticipated, purchased 'tb~ Bend and Cntsball Building mhJch mas not anticipated, has experienced some possible change in the original plan. for the school administrative facilities, which mas not anticipaMd, bas bad strong urging by the courts end the Bar Association to consider facilities beyond those originally anticipated and there has been con- sideration to jail changes which mere not or~]inally anticipate~. With the move of the offices on the second floor of the municipal building into the neu annex bui'lding, this floor has become v'acnnt and sitting without use. About a year and a half ago when ue commenced seriously considering how me mould work on and renovate the municipal building, we became involved In the discussions and consideration of major changes aS have been proposed to the Council by tbs courts, the Bar Assochtion and others. This has kept from proceeding aitb any degree of certainty in pi arming or scheduling renovation work mithia the bu~dino. Hayes. Seay, Mottern nad Mattero. the architects on tbs overall project, started initially working mith us on renovations bht since have expanded their work in consultation with the courts and the Bar Association to long- rnnge studies. Ne incidentally need and I hill come to you ver~ shortly a revision in their architectural services contract to adapt to this murk on their part. Very recently I have met on two occasions with that firm in an effort to develop some backgronnd to determine a course of procednre~ that might help us aa to tbs direction we should lahe at thin time. The summary Of nil Of this is the following which is made as a recommenda- tion or for such action or consideration as Council mould deem appropriate. 1. Definite planning has b~en initiated toward norh within'funds available for the relocation of the Police Department on the first floor of the municipal building to a portion of the Reid and Cutahnli Building. Ne will return to City Council as soon as available with a general outline of the plan for that building. This anticipates the vacating of a good portion of the first floor of the ~nntcipal building. 2, Hales, Seal, Mattera and Mattern b~c beea~asked,~o bring together and summarize ail of their ~atormation to'this da~e, including several alternatives as to plans uith respect to court fac.ilitlea, consti- tutional, officers' quarters and the such uith such. alternatives being geared to different levels of_funds end uhat might be described as long and short-range approaches, The heart or this is, of course, the extent and nature of renovation ml~ in the old municipal building, Approximately 30 dvlc, or the letter pert of September, is anticipated as i time requirement for them to~ this and ne uould hope that a presentation could be made to the City Council at that time, 3, The vector space nos existing ie the municipal building is of beth interest sad concern particularly to the occupants in the building, Until the presentation cia be made to Couneil and the Council can give some indication as to general direction with respect to renovation, etc., I mould propose, subject to yon mashes, to work out an srtangeeent oath the offices and units non in t~ building, that they caS d use this vacant space mlth the understanding that they may have to give it up to permit anl renovation work that might take place and with the further understanding that there would be no construction work within the building at the present such as partitions, new ~ightiag, et cetera. Your comments uonld be.very much welcomed to this approach. Respectfully submitted, S/ Julian F. Hirsh Julian F. Hirsh City Haunter' In this connection, Mr. Earl A, Fitzpatrick, Chairman of the Committee on Planning Nec Court Facilities for the Roanoke Bar Association, appeared before the body° end expressed the opinion that no money should be expended on t~e ~eid ged Cutshall Building until a long range plan is received from Hayes, Seal, Mattern and Rattern, Architects and Engineers, ~ the Hunicipal Building. After a discussion of the matter, Mr. Trout moved that the report of the ~ity Manager be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. MUNICIPAL BUILDING-CAPITAL IMPROVEMENTS PROGRAM: The City Manager Submitted the following repnrt in connection eith Outside groups and organizations using the new Council Chamber, pointing out that it does not seem sdvisable t hat outside groups and organizations hould have accessibility to the nee Municipal Building Annex or the use of its rooms until such time as the ~ity has f~rmally accepted the building from the contractor: "Roanoke, Virginia September 8, 1970 Honorable Mayor and City Council Roanoke, Virginia We are already receiving requests from outside groups and organi- zations for the use of the new City Council Chamber for meetings and the such. It is expected that as time 9oas on, these will increase and the requests will exceed those that came in for the former City Council Chamber. This type of thing would best be handled by policy guidelines approved by the City Council. I have already given consideration to several recommendations that might be made and Mould intend to bring these before you. For the pre~e~t, houever. I ~ould like to n~k~ the~follomiug suggestion. Tkis building has still ,ot;be~n compleked by the contractor. We mould expect that he hai oeBthe~ agate elthough this. under the present conditions, could not be definitely set. There is under the aitustb~ or the ocher occupying u building nod the contractor still not having completed his contract. · rather fine line or veopon- sfbillt! os to the condlti~ of the building and oaf damage ehether it be unusual dseage or normal or above normal near and tear. It would not seem to be advisable that outside groups, orgnnleotlons and the such be nude accessible generally to the'b~diug or the use of its rooms until such tine os the City how formally accepted it from the con- tractor gad then has full responsibility and. c~aership. I mould suggest thor ue neither provide the Council Chouber to outside parties nor that uny commitments be made to provide it at · later dote uotJl thin formal acceptance cones'about. In the mean- tine. ! cae brfog to Council suggestions am to polfcy'guideliaem for your consideration for the availability or the Council Chamber. Respectfully submitted. S/ Julian £. Hirst Julian F. Birst City Manager' ur. Rheeler moved-that Council concur in the report of the City Manager. [he motion nos seconded by Mr.-Trout and unanimously ad,ted. ZONINC: The City Attorney submitted the following report in connection with Ordinance No. 19288 rezoning property located at 1555 and 1553 Lafayette Boulevard. H. W.. advlsin9 that an additional lot which is not oened by the Ebenezer African Methodist Episcopal Church was inadvertently included in the legal de$cripti¢ of the property and recommendin9 the adoption of an emended Ordinance rezoning the northerly part of Lot 4. Block 18. Map of Yello Heights. Official Tax Nos. 2480201 end R450202 from R$-3. S~ngle-Family Residential District. to C-1. Office and Institutional District: "September B, 1970 The Honorable Mayor and the Members of the Roanoke City Council Roanoke. Yirginia In order to bring up to date the Official Zoning Raps of the City, Mr. William* C, Li9ht of the office of the Zoning Adn~istrator has called to my attention the fact that a clerical error has arisen in a recent rezoning Ordained by the Council. The subject rezoning involved property owned by the Ebenezer African Methodist Episcopal Church of Roanoke chick is located at 1555 and 1553 Lafayette Boulevard, Zbe application for the rezoning of this property from R$-3, Single Family Residential District to C-l, Office and Institutional District, made on behalf of said church by Mr. Robert $. Allison, described the property by address only, I an informed that no attorney was employed until preparation of the proposed rezoning ordinance was accomplished. Apparently someone unfamiliar nith the terminolo9y of leoal descriptions. in preparing certain of the necessary papers, attempted to translate the description by address, as given by the applicant, into a leoal description, and in so doing, lnodvertuntly included a lot located adjacent and to the southwest of the ckurch*s property in such legal description. This error ~as perpetuated throuobout the rezonino process and finally appeared in Ordinance Ho. 19289 which ~as adopted by the Council on August 17, 1970. There can be eD doubt that Councll*s l~tent and that of the applicant, mis to rezone the property o~oed by thochnrch, the other lot being in separate, individual omoership other than that of the church. In order that this matter be corrected, ! have prepared and transmit hereulth for Coancll°s recommended adopt~n nn ordinance uhich mould amend the ordaining provisions of Ordinance No, 19298, so. as to rezone only the property ouned by the applicant, Ebenezer African Methodist Episcopal Church of Roanoke. Respectfully, S/ J. N. Eiocanon J. N. Kincanon' Hr. L~sk moved that Council concur in the,recommendation or the City Attoro end offered the follomiog emergency Ordinance: (mI931T) AN ORDINANCE amending in certain particulars Ordinance Ho. 19289 by uhtch certain properties u~ut~ing Lafayette Boulevard, H. N.. mere rezoned from RS-3, Single Family Residential District. to C-1. Office and Institutional District: and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 34, page 445.) Mr. Link moved the adoption of the Ordinance. The motion mas seconded by Mr. Thomas and adopted by the folloming Vote: AYES: Messrs. C~laud, Llsk, Tho~;Tr~ Rheeler and Mayor Webber---~---~. NAYS: None .................................................... = .... O. (Dr. Taylor absent) TRAFFIC: The City Attorney submitted the folloming report recommending that certain sections of the Traffic Code of Title XVIII. Chapter 1. of Yhe Code of the City Of Roanoke, 1956, as amended, be amended by making unlamful the opera~lo of a motor vehicle at a speed in excess Of fifty miles per hour in any place in the city except upon any portion of the interstate highuay system within the city and by )rovi~ng for the arrest of the drivers of motor vehicles mhose speed has been recorded in excess of that alloned by lan. upon the furnishing of positive identi- fication os such vehicles ot~er than the license number: "September B, 1970 The Honorable Mayor and the Members of the Roanoke City Council Roanohe, V~ ginia Gentlemen: Certa~ City officials in the judiciary and the field of law enforcement have noted tmo areas mherein the Cityts Traffic Code could be amended and made more morkable. At present, under the City's Traffic Code, speed limits are prescribed for various areas in the City* including, by recent amendment to Section T2, subparagraph (f) of said Code, a speed li~it of 65 miles per hour on the interstate highuay system uithin the Cay. Romever, in' Sec. 70 relating to'specific instances of reckless driving subparagraph (10) of the last ment imed section provides that any person shall he guilty of reckless driving mbo shall operate a motor vehicle in any place in the City at a speed in excess of SO miles per hour. it is proposed that the aforesaid subparagraph (10) be amended so as to exclude from the ~0 miles per hour general cut-off point for reckless driving those portions of the interstate highway system located mitb~ the City. Se~ 75 of the Traffic Code provides for the checking of the speed of motor vehicle& by the nsc of rndlomlcr'o ~e~ek o~ other electrlcel or mechanical devices. 'The preseat'Code~provides thkt thb drlv~ of a motor vehicle me7 be arrested eJtboat e*,nrrent provided~snong other things, that the arrest tV officer hen received from the officer observ- ing and recording the speed of such vehicle aa innedinte radio message containing the license number of the vehicle'and the recorded speed thereof. It is proposed then this provision of the-City's Traffic Code be uuended la confornit{ with State lint aG ae to prowfdethut such radio message should contain the-license nuabcr of the speeding vehicle, or ether Rqsitive identification thereof. This would appear to be a prncLIcsl solution to the identification at extremely high speeders nba pass so quickly that identification by license number is impossible. This office has prepared a torn of ordinance nhJch would accomplish the tug ;aUgcsted amendaent; to the City Traffic Code and it mould be the recommendation of the undersigned that Council adopt such ordlesnce. Respectfully. S/ J. N. NJncanon J. N. Kincsnon# Mr. Thomas moved that Council concur ~ the recommeodatJou of the City attorney and offered the following emergency Ordinance: (=19318) AN ORDISAhC£ amending and reordalning separate sections of Chapter I of the Traffic Code of the City of Roanoke, 1956, being subsectkn (10) of Sec. 70. Reckless driving - specific instances, of Chapter 1, Traffic Code. of Title AVIII. Motor Vehicles sad Traffic, of the Code of the City of Roanoke, as heretofore amended, by making unlawful the operation of a motor vehicle at a speed in excess of fifty miles per hour in any place in the City except upon any portion of the interstate hiGhmay system within the City; and subparagraph (b) of Sec. 7~. Speed checks by mechanical devices, etc.. of said Chapter and T~tle. by providing for the arrest of the drivers of motor vehicles whose speed has been recorded in excess of that allowed by law, upon the furnishln9 of positive identi- fication of such vehicles, other than license number; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 447.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. ~orland, Lash, Thomas, Trout. Wheeler and Mayor Webber--~. NAYS: None ............................................................O. (Dr, Ta~lor ahseut) AUDITS-SCHOOLS: The City Auditor submitted a written report on an examin- ation of the William Fleming High School Activities Fund for the school year ended June 30. 1970, made by KenneCt and KenneCt, Certified Public Accountants, under the direction of his office, advising that the report states fairly the financial condi- tion of the fund st the end of the audit period. Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Wheeler and unanimously adopted. AUOITS-SCHOOLS: The Cltl Auditor submitted u uritten report on ss exouinu- ties or the Lucy Addison High School ActivitiesFund for the school lear ended June 30, 1970o made by the firs of Kennett end Kenuetto Certified Public Acceuntssts, unde the direction of his office, advising that the report states fairly the financial condition of the fund ut the end of the audit perbd. Mr. Trout moved that the report be received end filed. The motion UBS seconded by Mr. Mheeler nad unnnimously adopted. REPORTS OF COMMITTEES: SALE OF PROPERTY: Council having referred to a committee composed of Messrs. David K. Limb. Chairman, Jul tan F. lllrnt, James N. Klncnnon and J. R~bert Thomas for study, report and recommendation a communication from Mr. Samuel P. Nsckleyo offering to purchase city-omned property located on the north side of Salem Avenue, S. E., betmeen First Street and Second Street. described as Lots 4S - SI, inclusive, and part of Lot 39, Roaaohe Land and Improvement Company, Official Tax Nos. 4010205. 4010212 and 4010213, for the sum of $5,000,O0, the committee submitted the following report recommending that the offer be rejected: September 8. 1970 Honorable Mayor and City Council Roanoke, VirGinia Gentlemen: The City Council on May 11,' 1970, received and referred to the Real Estate Committee an offer from Mr. Samuel P. Nsckley to purchase certain City*owned property on the north side of Salem Avenue, S, betmeen First and Second Streets, These are official Tax Nos. 4010205, 4010212 and 4010213. The Real Estate Committee has discussed this offer to the Cky Council that this property nhich in used as public porting Respectfully submitted, S/ David K. Lisk David K. Lish. Chairman S/ Janes N. Klncanon James N. ~incanon S/ J. Robert Thomas J. Robert Thomas S/ Julian F. Hirst Julian F. Hirst" Rt. Trout moved that Council concur in the recommendation of the committee The motion sa~s seconded by Mr. Wheeler and unanimously adopted. SALE OF PROPERTy: Council b~ving referred to a committee composed of Messrs. David K. Llsk, Chairm~n, Julian F. Hirst, James N. Kiecanon and J. Robert Thomas for study, report and recommendation a communication from Mr. and Mrs. John Booth, offering to purchase city-omned property located on Grandview Avenue, N. ~.. betueeu Westmoet Street tad Osklaed Boalererd~ described es Lot $, Block A, Section 2, Round Bill Park, Offioiul Tax No. 2150401, for the sat of $$00.00, the committee submitted the following report advising that I list of olW-omned properties rmv salt is in the process of being prepared, that this property is included in the list und recommending thee lhe offer be held in abeyance pending receipt of said list: "Roanoke, ¥1rgieia September 6, 1970 Honorable Ruyor and City Council Roanoke, Virgin Gentlemen: On July 6. 1970. the Council received a letter f~ · Hr. amd Mm. John T. Booth. 2610 Qsklund Boulevard, N. W., making un offer for the purcbmae of n lot mused by the C~y on Brendriem Avenue, being City Tax No. 2150401. The Real Estate Committee, in a meethg ge September 3. 1970. considered this property end the offer. The lot bus been recognized us being one that the Committee ,uuld recommend be sold the (~y for some time. A list has been prepared by the Committee of property that anticipates recommending to the City Council et · liter date ,bach represent properties and lo~s ~ha~ the Oily should offer for sole. lng supplemeetel malarial thut it is felt b~ the City Attorney should be determined and provided in the gifting of these properLies. It is the opinion of the CiLy that this particular lot, mhich is on the overall llst for sale, should not be sold at this time but rather any action on it should be head in abeyance unti! t~.listing is brought to the Council and then offered for sele if such be the decision of the Codflcil. It would be the hope of the Committee that Mr. and Brs. Booth wm Id be advised and aware of the Cities offering of its list at that time and that they might renem their offer then. Respectfuli~ submitted, 5! J. Robert Thomas J. Robert .Thomas S/ Julian P. flirst Julian ¥. Bivst~ Mr. Lis~ moved that Council concur in the recommendation of the committee. SEWERS A~D ~O~R D~AIN$: Council baying referred to u committee composed of Messrs. Bampton W. ~homus, Chairman, Vincent S. Wheeler and Julian F. Birst for Mattern, Architects and Engineers. with regard to sludgehsndlin9 facilities at the the consulting engineers be instructed t~ proceed mith the preparation of detailed plans and specifications on Plan II in the estimated amount of ~Roano~e, Virginia September R, 1970 Booorable Rayor and Citl Council Roanoke, Virginia temher 2, ~nd reviemed the report of sludge handling facilities for Rattero and discussed the proposals in detail mith City staff. It is the recommeodatJ0n the Committee that the consulting engineers be instructed to proceed uitb preparation or detailed plans sad specifi- cations os Plan II or the three alternatives described by the consul- tants in their study report. When the consultants have completed these plans and speciflcatlost. the Committee asks that they be brou0ht to. the City Council for the City CouncJl°s further consideration o! the project at that time. The estimated construction cost of Plan 1I is $60H,700. The 1967 capital bond program providen $500.000 for sludge haadlia0 facilities and nhea the proper stage is reached In the preparation of the plans and specifications, the City Council mill then need'to'provide additional funds from the Seaage Treatment Reserve Account if the project is proceeded ulth. In makln0 the recommendation of Plan fl,'the Committee notes that the consultants had recommended their Plan III in the report. The difference betueen Plan II and Plan lll does ant involve any change in the capability of the treatment plant in properly handling aladge nor in capacity but rather PI'an' I! is the deletion of omb additional step, namely the reduction of sludge to an ash as proposed In Plan uhich the Committee does ~ot feel is necessary at this time particularly In consideration of the additional construction cost. Waking the overall recommendation to proceed math plans and specifi- cations, the Committee does so for the folloming reasons: I. Tbs need mas anticipated over three years ago by being included as a major item in the 1967 capital program. 2. The inability of the plant to properly handle sludge is producin9 serious operat~al difficulties in the plant that nave on occas- ions become critical and can become more seriously critical. 3. The requirement for sludge handling equipment is directly related to the increasing volume of wastes that have been imposed on the plant in recent years and are continuing to be required to be treated. The sludge drying beds that mere constructed with tbs original installation of the treatment plant are incapable of meeting the large capacity requirements on the plant, lt. is noted that the volume demands on the plant, as have been noted in other instances, is almost eat italy the result of the recei~ng of increasing volumes from additional and developing areas within Roanoke County. 4. The City*s plant is anticipated to have a great many yearn of service and if and when additional overall semage treatment facilities are required, the Committee mould suspect that they mould be provided in such a manner that there would be continuing use of this plant and addition such as the sludge facilities would not be lost or useless. Respectfully submitted, S/ Hampton W. Thomas Hampton ~. Thomas, Chairman S~ Vincent 5. Wheeler Vincent $. Wheeler $/ Julian F. Hirst Julian F. Hirst* After a discussion of the report, Mr. Thomas moved that the matter be referred to the City Auditor for report in connection mitb the financial status Of the Sewage Treatment Fund. The motion nas seconded by Mr. Wheeler and unanimously adopted. WATER DEPARTMENT: Council having referred to a committee for tabulation, report and recommendation bids received off Contract '0' - Catawba Creek Diversion Project, the committee submitted the following report recommending that the bid Of James McRugb Construction Company, in the amount of $2,144,000.00, be accepted: 'Roanoke. Yfrginfo Septeuber 8. 1970 flosorsbie Mayor ced City Council R0nnoke. Virginia Ceetlemen: After due end proper sdve~ti~eeent o~ Monday, August 24, 1970. bids oere received ned opened before City Council for Contrnct '0' - Cstoobn Creeh'Diveroion Project. Nine bids oere received uith the bid of Jason NcNugb Constrnotios Colpeny of Chicago, Illinois. in the amount of $~.144,000 ned oitha construction time or 1,000 days beleg low. Your coumittee referred copies of the bid docueent$ to the City's engineers for tm project, Alvord, Berdich iud Nowson. uith i request that they reviem the bide ned report buck to the CnoaJttee with regards to their evaluation of the bids eed the los bidder. Alvord, Buvdfnk end Nowoon. sere uell'plelsed-.vith~the~bido sod oere eq~elly platted uitb the quality*of the bidders. They advise.that the Ici bidder. James #cNegb Construction Company. is no old oronnization sell knomn throughout the country nad with n reputation for doing good uork. Hsving'recelved this recoomendeticn rrna Alvord. 8urdick and Nowson, end having reviewed the bids in detail, it is the recommenda- tion of your Committee that Cie! Council accept the low bid of James McHugh Construction Company in the auount of $2.144.000 and aoard to then the contract to construct the Catawba Creek Diversion Tunnel. At the same tine it would be recommended that City Council ~eject other bids, Respectfully submitted. $/ Byron £. Bauer B~ron E. Hamer S/ Thomas W. Dunn Thomas #. Dune S/ William F. Cia rk William F. Clark" Mr. Wheeler moved that Council concur ~ the recommendation of the commttte~ and offered the foilominR emergency Ordinance: (;1931~) AN ORDINANCE amarding Contract '0', for construction Of the City*s Mater Department Catamba Creek Di~ersion Project for the amount of $2,144,000; rejecting all other bids made ~or the per£oFmance of said work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 449.) Mr. Wheeler moved the adoption of the Ordinance. The oat in wes seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Carload, LOok, Thomas, Trout. Wheeler and Mayor Webber ......................... NAYS: done ..........0. (Dr. Taylor absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIOERATIO~ OF ORDINANCES AND BESOLUYIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: ACTS OF ACENONLEDGEMENT-COUNCIL: Mr. Garland presented a communication e~pressin9 the opininn that Council should adopt e Resolution praying for the quick end*complete recover~ or Lieutenant Governor J. Sergeant Reynolds and offered the fSilomi~R RefolotJon:' (o19320) A RESOLUTION aalutino J. SARGEANT REYNOLDS, LIEUTENANT GOVERNOR OF VIRGinia. (For full text of Resolu%ion, see Resolution Book Ho.,34, psoe 45~) Mr. Garland moved the adoption of ~he Resolution. The mqtfoa mas seconded ~! Hr. Liak and adopted by the follouin~ vote: AYES: Messrs. Garland, List. Thomas, Trent, Wheeler and ~ayor Yebher .................. 6. NAYS: None---O. (Dr. ~ylor ,absent) SCHOOLS: Mr. Garland presented a communication offer~n~ a word of praise and thanks to officials of the public school system of the City.of Ro~oke and the students and their parents for their c~olneas and acceptance Of the a~chool si,tuation this yea,r end moved that e copy of the communication be formarded to the Roanoke Git School Board for their .information. The motion mas seconded by Mr. ~isk an, d unanimously adopted. FIRE PROTECTION: The City Clerk ~eported that Mr. Sidney W. Vaughan has qualified as a member of the Board of Fire Appeals for a term of four years end,n9 June ~0, 1974. Mr. Wheeler moved that the report be, fecal.red and filed. The motion was seconded by Hr. Trout and unanimously adopted. Zhere bain9 no further business, Mayor Webber declared the meetin9 adjourned. APPROVED City Clerk Mayor COUNCIL, REGULAR ME~TIHG, Monday, September 14, 1970. The Council of the City of Roanoke met in regular meeting In the Council Chamber in the new Municipal Building, Monday, September 14, lg?O, at 2 p,m., the regular meeting honr~ with Mayor Webber presiding. PRESI~T: Councilmen Robert A. Garland, David M. Lisk, Noel C. Taylor, Hampton W. Thomas, James O. Troutt Vincent S. Wheeler and Mayor Roy L. ~ebber ARSKNT: Hone ................................................... 0. OFFICERS PRESF~JT: Mr. Julian F. Hits*, City Manager, Mr. Uy~n E. Hamer, Assistant City Manager, Mr. Janes H. Kincanon, City Attorney, and Mr. Jo Robert Thomas, City Auditor. IHVOCATION: The meeting was opened with a prayer by the Reverend ~tlllam A. Cole, Pastor, West End Presbyteriau Church, MINUTES: Copy of the minutes of the regular meetl~held on Monday, August 24, 19700 having been furnished each member of Council, on motion of Mr. Llsk seconded by Mr. Thomas and unanimously adopted, the reading thereof was dispensed with and the dnutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: PAY PLAN-CITY EMPLOYEES: Mr. Robert ~o Ak*rse Business Manager, Publ Service Employees Local Uoion No. 1261! appeared before Con*cfi and advised that *hi is the last time representatives of Local Union No. 1261 will appear before the body to request an election on city property to determine If the blue collar workers of ti City of Roanoke desire Local Union No. 1261 to represent them, pointing out that it has taken almost ten months and several appe~rances before Council to bring about a rote for this election, that today a definite decision must be reached and requesting that each Councilman set aside his egoism and think of the human needs of the blue collar workers who are asking to have a voice in their future. The City Manager submitted the follonlng report recommending that the request be denied and transmitting statements in connection with the matter: oR*an*k*, Virgtniu September, 140 1970. Honorable Mayor and City Council Roanoke, ¥trg~ ia Gentlemen: On the matter be~ re you today may X oIier the foil*wilt statements: 1. If there could be considered any benefit to the employees of the City, then perhaps there might be other thoughts. How- ever, I cannot find any gain that will come to our employees; in fact, being as fair as possible, I bail*Ye the employees will In the short and long run be less well off under the union proposal. 2, ZL is possible foz the unlon~to ¢6udOUt an'eleCtion off of City property without any action whatsoever by the City Council, If the ~leCtlOn/is:hbld'0n City property then there must be permission. But the question that hears thought is'ns to why there is such importance to voting on City property* Issue become endorsement. 3. This matter still refers back to't~6 original request before the City Council,by the AFL-CIO representatives. That pro- posal was that the employees vote on the qua~ion, end ! the City of Roanoke on nil matters pertaining to your employment.0 ! emphasize the word tall** All means without exception mud at all tl~es and places. 4. The granting of election privileges is the first step of recognition of union organization within the City government. 5, Would or will the sene privilege that is being proposed today with this AFL-CXO affiliate be granted to any other group or organization that might appear before the City Council? There are other polnt~ that hear upon this matter but ! feel these within themselves are of strong merit. I again recommend that the City Council decline this=proposal. Respectfully suh~itted, S/ Julign Fo Hlr~t Jullan F. H~ st City Manager", In n discussion of the requestt Dr. Taylor raised the question that if Council approves the holding of such an election on city property would it in any The City Attorney replied that if Council grants the holding of the electl~ such authorization would carry with it an implied agreement of endorsement. 'Mr. Ar'mold Schlossberg, Attorney, appeared before the bo~y in support of thc request of Local Union No. 1251t and advised that in agreeing to hold this electi on city property the city will not in any way b~ committing itself. Mr. Harry Laym~n also appeared before Council In support of the request and advised that if such an election is held it would give the City Manager an oppor- tunity to approach city employees and advise them why they should not vote for the union an~ It would give representatives of Local ~nion No. 12~1 an opportunity to approach city employees and advise them why they should vote ~or union representation '~n a discu~sio~ of the matteru Mr. Garland voiced the opinion that the question is whether Local U~lon No. 1261 can do more for city employees ~han the ~embers of Council working throughthe ~ity Manager, advising that be feels Council working with the City M~nager can do more for ~he ci~y employees than any Outside organization. Dr. Taylor voiced the opinion that Council would like to do what is right for its'city employeen and that he feels the blue collar workers should have the op~or~unity to hold such ~n election but in giving them this authority it should be known that the city is not assuming any further obligation insofar os the union is Ia a further discussion of the mattere Mr. Garland advised that this is most important issue Council will be called upon to face tn the next four yearst that he new Council should be gisen an opportunity to confer with the City Hanager is working out problems confronting the blue collar workers without nay outside assistance and eared that the wages of th~ blue collar workers of the City of Roanoke be increased by ten per cent per month. The motion was seconded by Mr. Wheeler. The Chair ruled the notion out of order, pointing out that' it is lsat ermnine to the s~bJect bela§ dfsnussed. Mr. Themas then,hayed that Local Union No. 1261 be permitted to hold an lection os city property to'determine whether or not the blue collar workers of the City of Roanoke desire Local Union No. 1261 to represent them, with ~he understandng that the ballot is not to go beyond il~or or against or yes or no rote and that the matter he referred to the City Attorney for preparation of the proper measure cantain safeguards to be incorporated into the agreemeot, The motion was seconded by Dr, Taylor and adopted by the following rote: AYES: Messrs. Links Tayloro Thomast and Mayor Webber .............4. NAYS: Wessrs, Garlandt Trout and Wheeler .........................3, At this point, the City manager pointed out that if there is a ballot it should come from Local Union No, 1261 and that it should not be written or approved in any may by the City of Roanoke. PETITIONS AND COMMUNXCATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City Schml Boardo request that ~79. g0S.00 be appropriated to Section a67000, "SChools - Emergency School Assistance'Program** of the 1970-71 budget of the Roanoke City School Board, to provi( funds to assist schools la adjusting ~a th~ problems'of desegregation, s~ld amount to ~e 100% reimbursed from federal funds, was before'Council. Mr. Whee~er moved that Council concur in the r~quest of the Roanoke City ~chool Board and offered the following emergency Ordinance: (~1~321) AN ORDINANCE to amend and reordaln Section ~67000. "Schools - ~mergency School Assistance Program,~ of the lg?O-?l Appropriation Ordinance, and pro- {iding for an emergency. (For full text of Ordinaece, see Ordinance Book No. 34, page 453o) Mr. Wheeler moved the ado~ion ;ft{e Ordinance. The motion was seconded by Mr. Link and adopted by the following vote: AYES: Messrs. Oarlandt'Liskt Taylor, Thomas, Trout, Wheeler and Mayor ~ebber ..........................?. NAYS: None ............O, BUDgET-SCHOOLS: A communication from the Roanoke City School ~oard. re- questing that $46?,325.00 be appropriated to Section #66000. "Schools - ~itle I, P. L 89-10," of the 1970-71 budget of the Roanoke City School Board, to provide funds for educationally deprived children, said amount to be 1005 reimbursed from federal funds before Council, Mr. Lis~ moved that Council concur in the request of the Roanoke City School. Hoard and offered the following, emergency Ordina~e~ . (m19322) .A~ ~RDXNANCE to amend and ~eordain Section mHHO00, USchools - Title I, P. Lo 89 .IO,# of. the 1970-71 AppropriatiOn Ordinance; and proyidlng for an (For full text of Or~inancet, see Ordlnunc~ Book No~ 34, page 454°) Mr. Lisk moved the adoption of the Ordinance. The motion mas seconded by Mr. Trout and adapted by the following rote: . . AYES: Messrs. Garland, Links Taylor, Thomas. Trout, Wheeler and Mayor Webber ........................ ?. NAYS: Hone ...... -;- .... O. HEALTH DEPARTMENT: A communication from Mr. R. Franklin Hough, Jr., Chair. man, Roanoke Valley Mental Health.- Mental Retardation Services Hoard, advising that the Mental Health - Mental Retardation Services Hoard has received notl$ication of the matching state funds gr,anted by the Department of Mental Hygiene and flospitals and ~xpres$ingappreciation,to the.members of the,Council of the City of Roan~e, the Council.of the ~ity of Salem and the. Hoard of Supervisor~ of Roanoke County for their cooperation, was before Council. Mr. Yhoma~ mo~ed that the communlcat,lon be received and'filed. The motion was seconded by Mr. Trout and unanimously adopted. STREETS A~D ALLEYS: A communication from Mr. Otis Heath, Pr.siderite. Mount Pleasant Civic Club, l~corpor~ted, expressing, appreciation f~r improvements to Mount Pleasant Boulevard and Handy Road, S. E., and. requesting that a hazardous condition be corrected on Bundy Road, was before Council. ,, : Mr. Wheeler moved that the matter be referred to the City Manager for stud report and recommendation to Council. Y~e motion was seconded by Mr. Trout and unanimously adopted. . ., ........... AUDXTORIUM-C~LXSEDM-PARKS A~D PLAYGROUNDS:. A communication frpm Mr~Charl Fox, IXX, Comm~nding Offtcer. USNRGC S.-13,:advising.thut th. Navy Ship is about to be scrapped and offering the shlpts bell to be placed in the Plaza at the Roanoke Civic C~nter and further offering to place various other suitable items Mr. Thomas moved that the natter be referred to the Roanoke Civic Center Committee and the Roanoke Transportation Museum. Commit~ee.for-study,~report and recommendation toCouncll. .Tha motion.was seconded by Dr. Taylor and unanimously adopted ................. REPORTS OF OFFICERS:... , .. ,. ,, .! . HUD~E~POLICE DEPARTMENT: The City Manager submitted'a written-report recommending.that$S4.BSO.O0 be.appropriated to Training of Law,Enforcement Personnel iunder Section m45, ~Police Department." of the 1970-?1 budget, said amount to be lO0~ reimbursed from ,federalfunds . - .. · Mr. Wheeler moved that Council concur in the mcommendation of the City Manager and offered [he followi~g emergency Ordinance: · (w19323) AN ORDINANCE tb amend and re~rdain Section x45,""Potice Depart- ment," of the 1970-71Apprbprlotlon Ordinance, and providing for aa emergency. (For, fall text of Ordinance, see OrdinanceSook No. 34, p~ge 454.) #Fo Wheeler, moved the adoption of the Ordinance. The motion' was seconded by Mr. Trout and adopted by the following vote: · AYES: #essra~ Garland, Llsk Taylor,, Thomas, Trout, Hheeler and Mayor Hebber .................... NAYS: None O. - BUDGET-PARKS. AND PLAYGROUNd: The City Manager submitted a' written repot! recommending that $42S.00 be appropriated to Operating Supplies and Materials under Section ~7S, "Recreatione Parks and Recreational Areas," of the 1970-71 budget, to provide, funds for the purchase, of trohles for runner-ups' in the softball and baseball programs of the Department of Parks and Recreation. Mr. Hheeler moved that Council concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (=19324) AN ORDINANCE to amend and reordain Section =75, "Recreation, Parks and Recreational Are~" of the 1970-71 Appropriation Ordinance, and providing (For. full text of Ordinance, see Ordinance Book No. 34, page 455) Hr. Hheeler moved the adoption of the Ordinance. The notion mas seconded by Mr.,Trout and adopted by the following vote: AYES: Messrs. Oarland, Lish, Taylor, Thomas, Trout, Rheeler and Mayor Hebber ................. ~ .... ?. .... NAYS: None ........ O. BUllET-PERSONNEL DEPARTmENT-BUILDING DEPARTMENT: The City Manager submit the following report recommending that$277~O0 be transferred from Fees for Professic Section ~46, ~Department of Ouildingst" of the 1970-?1 budget, to provide funds for the employment of a temporary employee in. the Department of Buildings: "Roanoke, Yirginia September 14, 1970 Honorable Mayor and City Council Roanokej Virginia A,clerlcal employee la the Department of Buildings has undergone hospitalization and is expected to be away from work for about five to six weeks. The'departmentts budget does not provide any supplemental funds for extra employees nor mas it able to include this year any overtime funds. It is anticipated that during this period of the absence there will be necessary, to maintain the work, some additional It is therefore recommended that the sam of $2?7, representing approximately two weeks of salary, be appropriated to the personnel account of the Department of BulldinRs with the appropriation by a transfer of that amount from the Personnel Department budget, Code 14, Object Code 21. Effort will be made to schedule the use of this two weeks'on a staggered basis durlhg the period hospital tm, ion to get the best benefit of the additional services. R~spectfolly s~bmitted, S/ Julian F. Hits, Jaliao F. Hirst City Manager" I ed mai I Mr. Trout moved that Council concur in the recommendntfon of the City Hans! end offered the following emergency Ordinance: (m!9225)~ AN ~t~DINANCR,to amend and reordalo Section mi4, mPersoenel,m and Section #400 UDepartmeot of Oulldin~o# of the 1970-71 Appropriation Ordinance, and providing for un emergency, (For full text ofOrdlnancet see Ordinance Hooh No,.34, page 455.) Mr~ Trou~ moved the adoption of the Ordinance. The motion mas seconded ~ Dr. Taylor and adopted by the following vote: #ebber ......................... NAYS: None ...........O, SCHOOLS-STH£E'FS AN, ALLEYS: Couhcll having referred to the City Manager from Hr. A. T. Loyd, Attorney, representing #aury L. Strauss and Shells S, Strauss. owners of property adjacent to the ~illiam Ruffner Junior High School in Roanoke Con, requesting that the City of Roanoke dedicate a 25-foot'strip of land from the rear of the school property from Ferncllff Avenue, N. ~.0 for a distance of approximately 795.09 feet in order that Hr. and Mrs. Strauss may build a 60~foot service road to the matter be placed on the files of Council until such time as the suggested URoanoke, Virginia September 14, 1970 , ,,Honorable Mayor'aod City Council Roanoke, Virginia On July 13, 1970, Mr. As To Loydo Attorney, representing perry adjacent to the Milliam Huffner Junior High School in Ferncliff Avenoe along the south side of the Mllliam Ruffner school,area for a distance of approximately 795.09 feet as a I attach a letter that I have written to Mr. Loyd:as to my letter to the City Council as a replying report to the Council t.$eptemher IO, Attorney at Law , 305 Campbell. Avenue, So W. Roanoke, Virginia As you will recall and us we have discussed, you appeared before the City Council July 13, 197Os.seeking the City strip of land adjacent to the south side of the #illiam . 57 u r r Ju IT Ugh School. es u part of a proposed 60-fda*.. street to~exteud~of.Feru~llff~Avenuet H,' R,,*lnto the~. property ut #Fo amd Jrf, Menr~ Lo Strauss, You advised ~hat this roadMayvouid be:for *hq purpose of e.servlce'.roqd, into aa apartment complex to be ~rected by ar, and Mrs, Strauss upon their land. This0 as you know, w~s referred.to .the City Planning Commission and to ne for report back to the Git7 X feel thut t~ealgnlficant factor:la-this Matter is us ~o the nature end extent of the development proposed upon the Strauss land and the roadway.access that mould be provided to the development, Ye would need assurance that this would not became the prime.access to the property a~d that u. reasonable and'satisfaCtory roadway ir roadways were available to the development throug~ other direotlons, would be felt at this time that a plan for the development of the property should be submitted.through the variou~ " Planning CoMmission procedures and in this course there would be ~e opportunity to asce~tain the significance of this roadway and If the dedication were deemed favorable it could be done with necessary commitments as to the 6recall access arrangement ~or the'property and project. · e would be glad ~o murk with you and tGe owners ~a thl~ matter at such time as you Mould be In a position to proceed on thist which it IS felt would be the best, basis for consideration,t .... Respectfully submitted, S~ Julian ~. ~lrst Julian r. BUrst City Manager# After a dlscu~sion of the request, Hr. Trout noted that the matter be referred back to the City Manager for further studyo report and recommendation to Council. The motion was seconded by Mr. Llsh and unanimously adopted. SCHOOLS-S£~ERS A~D STORM DRAINS: Council having re~erred to tb~ City Maaag for study, repor~ and'recommendation a communication from the Roanoke City School Boardt requesting that a s~rm drain be constructed from Fifth Street, S. ~** along Luck Avenue by citT forces to serve the new Je££erson Senior High ~chool gymna$1omt the City Manager submitted the following report recommending tha~ the matter be focmarded bac~ to the Roan~he City ~hool ~o~d ~lth'the s~ggestlo~ that the construction he.handled as a part of the contract for the g~mnasium construction: · ~Roanohe, Virginia September 14~ lg?O Hoflo~able Mayor and City Council Roanoket Virginia Gentlemen: The City Council on August 31 referred to me a letter request that had come to the City Council from the Roanoke School Board ashing that the City Council auth~riae the constlu~tio n of a needed storm drain with city forces. This proposed drain would extend along Lu~k Avenue from the front of the new glmnasium eastward to intersect with an existing storm drain on Fifth Streett S.M. There is at~ached a map showing the intended location. The bachground of this matter is that several*mo~th~ prior to the adr~tisement for bids for the hem gymnasium at Jefferson, the City £ngineerSs office was coatoc~ed'by'represeatatires of Sma*hey amd ~oyaton, architects and engineers, for the project, concerning passlb~e methods of providing storm drainage ~rom t~e new gymnasium. At that time the architects were advised that a storm drain should be included in t~e contract along Luck Avenae for the new building. Ii In late:.Juueury.of'thls'ye&rt~the'contrantsr for ~he~eeu gynmaniuat S, Lewis: Llonberger-end Sout~ lncj~, applied r6r: a building permit and a 'site plo 'apprOval,. ~he engineering department noted at'that time that no'ntorm'd~ale muu being provided but instead that fnsr Inch (4t) dlameter drains mere proposed to be lnitnlled s6 as to dfuchavge'dvalnage from the building and area Into the'gutter on:Luch Avenue,. Thb engineering department did not feel them this ma;'aa adequutn method of handling the storm, drainage and again it mas suggested that a storm drain be Installed in Luck Avenue, In mid-July me ~ere contacted asking that city forces install such a storm drain along Lack Avenae, I reviemed the matter with the Assistant City Engineer at that time.and advised hie, on July IS, in mrlting that 0! would be'of the opinion that this moth should be handled by"the building contractor and should bet if it bas not already been, included in the contractortu project,* The present arrangement of the small four-inch drains going into the gutter is not satisfactory and will present problems, Such a drain la Luck Avenue mould be recommended to be IS inches la dlaaeter with an approximate length of 37S feet and me mould estimate the cost to be about $10, O34,50o ! continue to not feel that this construction is an obligation of the Public Works Department and do not feel that the worh should have to be directed to City forces, It is recommended that the matter be forwarded buck to the School Hoard suggesting that the donstructlon be handled as a part of the contract for the high school toast,motion, Respectfully submitted, S! Julian F. Hirst Julian F. Hirst City Manager*' Mr, Thomas moved ~hut Council concur in the recommendation of the City Manager, The motion mas seconded by Mro Trout and adopted, Mr. Link voting no. GARBAGE R£MOVAL-THAFFXC: The Assistant City Manager submitted the follomJ report of the City Manager requesting that he be authorized to enter into lease agreement with Mr. Calvin A~derson on a month to month basis for the leasing of the parking let adjacent to the incinerator building: "Roanoke, Ylrgl~ September 14, lgYO Honorable Mayor and City Council Roanoke, Virginia Gentlemen: With the closing of the municipal incinoerator in September of lg~g, the area behind the incinerator was~ posted to preclude parking so as to control liability and to reduce the posslbllty of persons damaging the building. Theinstallation of the *No Parking* signs also were the result of complaint from a gentleman in the area who rents out property for parking and leases, parking spaces, The close proximity of the ~orfolk and Western East End Shops and the admini$trative bui~dinga to this site has resulted In a number of employees from the Norfolk and Western requesting permission to utilize a portion of this city property for. parking purposes. One individuals a Mr. Calvin Anderson, has contacted, the City Mnnuger*s office and expressed an interest on the part of several people for leasing the use of this unimproved area behind the incinerator (off Shenandoah Avenue) for use of parking, This lot cald park approximately 15 automobiles. Mr, Anderson indicates that he would act as the go-between and would be ~illing to lease this property on a month-to-month basis. He further indicates that they would be milling to pay approximately $~0 a month for this use, At th~ present time, this facility is standing idle and we can determine no objection to this property being utilized for this purpose; therefore, It would he sugg~ted that City Council give considermtlos to authorizing t~e City, Attorney to prepare a lease for use of this lnnd. behipd *he,incinerator 5uilding.apd adjacent to Sbeaaidoah Avenue, M. E** and to authorize:the'City Manager to negotiate this lease with Mr. Calvin Anderson om a month-to- month basis at a mon~ty rate of $600 said lease to include safe- gasrds to protect the City from damages which might 6ccur to an lndivldual*n automobile while parhed in this area, Respectfully submitted, S! JuliUs F, Hits* Julian F, Hits* ' ~ City Manager* Mr. T~omt moved that Council concur in tbe report of the City hanager and that the matter'be referred to the City Att*racy for ~rep~ atioe of the proper Tho motion was seconded by Mr, Wheeler and unanimously adopted, PLANNING-POLICE DEPARTMENT: The City Manager submitted the follGwlng repo] advising that the Criminal Justic~ ~dvls~ry Committee Of the'Fifth Planning District Commission has recommended consideration of a District Feasibility Study Pertaining to anginal Facil lties for Justice and Crime Control Feasibility, pointing out that' the proposal has merit, that the study would provide some basis for Short and long range projections for the. area and that the suggested share of the City of Roan*he is $10,258.20: "Roanoke, Virginia S~ptember 14t 1970 Honorable ]~yor, and City Council Roanoke, Virginia : Gentlemen: Me are advised by the Fifth Planning District Commission that the Criminal Justice Advisory Committee of the Commissiop has recommended consideration of a District Feasibility Study Pert~ing to Regional Facilities for Justice and Crime Control Activities, The Committee has made this recommendation ia recognition of its observation that. local government in the district are enm watering the prablem, of determining future needs for Justice and crime control facilities. The Commission states that is intent in that this r~port mould fit into the overall Comprehensive Facilities Plan, projected to 1995, however, this step #ould develop requi~eets ~or:criminal Justice facilities to serve the needs of local governments until 1960. Zhe Commission intends that the study would be handled by consultants associated with this type of , Zhe scope of the work woul~ be the foil*ming: a. Requirements fGr police and sheriffs, Requirements for court management and improvement, Requirements for corrections; b.Analysis of adequacy of present facilities to meet these 1960 requirements, and co Economies of ~hgle, Joint-use, combined or mai*loin-use facilities. ' Their estimate Is that a report and Investigation would cost · SDO,O00, Z~e Federal Law Enforcement Administration will participate in funding such ~ report on-a 60 percent basis under the Federal Discretionary G~ant program. The local contribution of 40 percent for such ~ report would amount to $32,000. Zhe actual local contribution is calculated at ~24,000 cash with $70400 ia assumed local *in-kind* services, that is man hours of employed officials'devoted to the project, 11 There Is attached with this report'e breakdowq of the Coenlssfonts distribution of costs,.~ If:the~looal governments e~ect to participate ia this P~oject'end to make ioCal matching Share:available, the Commission or · designated wewber~of governeeat could apply for Federal grunt~ There.ia a SePtember 3001970* deadline prior to which*any a~plicatioa would have to be made, ~ It is my feeling that there is merit in tgls prop,sa! and that the study mould provide some basis for'shorta~d4onO range project- Ions for the area. R~wever, ! do.h~ve to recognize that there ave no funds provided in the current 1970-71 budget that would enable the City of ~oaaoke.!.a suggested cash share of $1o, 250.2o. ! have also some questionA as to the o~st of the study being as high as SeO~O00 and if were to proceed ~t is believed this amount should be further studied. This is formavded that the'City Council n~jht be informed of this proJect and also if there are any suggestions as to procedure, such will be compiled mith. Respectfully submittedt S/ J,lian F. Hirst Julian F. Hirst City Manager, Mr. Dueward H. Scott. L~w Enforcement Planner of the Fifth Planning District Commission. appeared before Council and explained certain aspects of the study. After a discussion of the matter. Rr. Rheeler mo~ed that the mport be taken under advisement. The motion was seconded by Mr. Trout. After a further discussion of the matter. Mr. Trout offered a substitute motion that Council concur in the report of the City Manager and that the matter be referred to the City Attorney for prelim-etlon of the proper measure signifying the intent of the City of Roanoke to provide its proportionate share of the cost of the study. The motion was seconded by Mr. Tag mas and adopted. Mr. Garland voting no. Mr. Llsk then moved that Council acting as a committee of the whole meet with Hayes. Seay. Mattern ~ Matt*rna Architects and Engineers. and the committee appointed to study renovations to the Municipal Ruilding and Jail .before September 1970. to discuss proposed plans for expansion. The motion was !econded by Mr. Garland and unanimously adopted. GARBAGE R~MOVAL: The City Manager submitte~ the following report adiisln that the Department of Public ~orks has set up plans for a trial program of night time refuse collection in the domntown business district: · Roanoke. Virginia September 14. 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen:' After some considerable study, consultation ~Ith Downtown Public Nork~ has set up plans for a trial program of night time refuse collecffion in the downtown business district. Under this proposal, collections are made at night ~ather than during the day time. The intended advantage is the reduction o~ traffic congestion on the domntown streetst the speeding up of the Cltyts ability to collect in the downtown area and the aesthetic advan- tage from the absence of trash containers on the sidewalhs during As,mentioned~ lu:adV~c~e~0f thln.progruw DoWnkouU Roanoke Incorporated, ushort tim~ ego mul~ed a questioueUire~to all b°olaeice~ ~n~th6"d0vnt°we~ureouud the vast mnjority~ot those who responded indice~ed'ulvltlingnenc t0~try n eeUcnhdd~l· operations*' Th6 plan in proposed tor commence,On ThUrsdaY,, OctOber l, 1970, nod extend for · ninety-day period. A letter is going out to ~ll downturn businesses advising them of this and advising that under the Plan all refuse most bm placed at the point ut collection in the erealog, There viii be so additional day-tine pickup.s, . Included,In the program viii be the us~ aZ plastic begs or container line~s, A number o£ the bus hesnes indicated a willingness to convert to this method and it viii be voluntary during the trial period, We wish to try this system, anticipating that it viii point up advantages and through the trial period be able to gain experience and to thoroughly evaluate its worhabllity. This is forwarded to the members of the City Council aS information to you so that you might be informed of this p~ogram; Respectfully submitted, $/ Julian F. Rlrst Julian F, Hirst City Ranager~ Mr~ Link moved that Council concur in the report of the City Ranager, The motion was seconded by Mr, Trout and uoaoimously adopted, CI~ ERPLOYEES~ Council having taken under advisement a report o£ the City ~anager in connection with a grievance procedure to be established and made available to employees of the City of Roanoke, the City Manager submitted the following report renewing the matter and again recommending it to Councll~ advising that it Is e~p~anized the procedure is not intended to eliminate or reduce the existing day-to-day informal contacts between city personnel on all levels on matter! re~ating to work activities and procedures or other employee matters: "~oaaoke, Virginia · September 14~ 1970 Honorable Mayor and City Council Roanoke, Virginia ~entlemeo= On January 26~ 1970s I submitted a recommendation that a Grievance Procedure be established and mode available to em- ployees of the City, ~he matter was taken unde~ study. Suggestion for consideration was later made. ! wish to renew the matter mod again recommend it to the Clty Council. $~ch a procedure is consistent ~lth generally accepted personnel policies in organization of our size, ~here ls attached a draft of that which is proposed. is similar to the proposal drafted in January with only some minor revisions that may be beneficial for clarity and imple- It is again emphasized that this procedure is not: intended to eliminate or reduce the existing day-to-day informal contacts between City personnel on all, levels on matter relating to activities and procedures or other employee matters. RaSher the purpose of this is to have a formal procedure~ carrying obli- gations of r~sp~nse~ available to any employee mbo may ~lsh to After it has been in effect, It may be found that revisiocs should be mode to improve ltl usefulness or work ability, In a personnel procedure of this kind, there Is almeys the benefit of exp'e rience under it. Respectfully submitted, S! Julian F. Hits* Julian F. Hfrst City Meeegeru In,a discussion of the mottere #re Llsh voiced the opinion that there should be some provision in the City~Code mhereby when a dismissed employee Is awaiting I~ hearing before the Personnel Board he~uay draw frou his accumulated raca- Hr. Lick then moved that the matter be referred bock to the City Hanager for for*her ~tudy, report and recommendation to Coancllo The motion was seconded by Rt. Garland and oeanimously adopted. GARBAGE R£H0YAL: The City Hanager submitted the follomieg~report recommend that he ba authorized to proceed with. specifications and advertisement for bids on the purchase of a D-6 class bulldozer with rear mounted winch0 estimated to cost approximately $39,000.00; the purchase of a 2 1/2 cubic yard track typew 22 ton front end loader, at an estimated cost of $47,B00.00; and the purchase of two 12 cubic yard tenowheeled dump trucks, at an estimated cost of $15,000 each, to be ased ia conoecti with satisfactory refuse landfill operations: · "Roanoke, Virginia September 14, 1970 Roaorable Hayer and City Council Roanoke, Virginia Gentlemen: It Is hollered it bas;been geeorally understood that additional capital equipment is and would be required for satisfactory refuse landfill operations. Yhis has been under study for some number of mooths. Health there is submitted the listing of remaining eqoipment it is recommended the City ~lth the change ia City Council membership a vacancy occurs in the chairmanship of the two member Cooooil representation on the former Refuse Committee. , I do not~now the disposition of the Council in this situation so I note that condition to this report and make the following recommendations as have been developed and submitted to me by Hr. Clarkt Director of Public Worhso I. Recommend purchase of a D-~ class bulldozer with rear mounted · winch estimated to cost approximately ~39,000, ~his item will replace a 9 year old Allis Ghal~ers HB-II bulldozer which is now inoperative and would cost more than $20w000 to repair. Yhls unit is needed at our borrow site areas whm~ the Street Divis~on~18 dozer Is now serving ~ of necess ~t~, , Obviously street maintenance and construction suffers ~ro= the loss of this equipment. ~his ~6 unit would be transferable to an~ long range ,landfill operation and required there** , 2. Recommend purchase of a 2 ~/2 cubic yard track type, 22 ton ~ront end loader. This Mould be the principal p~ece of equipuent ~o~ loading dirt on~ trucks at our bo~,ow sites and within landfill areas. Presently a small Case front end loader belonging to the Street Cleaning ~tion Is being used ;or this purpose. In addition to being undersized for the task It Is per~ornlngs which will accelerate deterioration of the equipment, our street cleaning operations obvlousl~ suffer during the ~nteFi= period, ~e ~lll be especially hard-pressed without the use o~ this unit when leaf collection season arrives, ~be estimated ~cost of the proposed unit Is $47~000, ~his unit will be transferable to any long range landfill operation. ~63 eg 3. Reeowmended purchcse~of~two.(2)~i2 cublo~yard iO-wheoled duup tru~hs at~an;'entJi~t~d ~C~s~o~.$15~000. etch; ~-These wo~ld be~used~fo~ b~oll~g cover ,eterfal-from our borrow~ sites to the lundflll'ureu~. We are p~esently'~bsisg~sBeller truchs which should be used on street cleaning operations. Ia addition to affecting our ability to heap the City*s streets in proper ~onditione the truchs preseutly lu ese were not intended for such service and their useful life is un- doubtedly being shortened from the wear Incurred. The larger units wilt be able to haul double the volume of dirt. thus decreasing the n~mber of trips necessary. The.above recommended purchases total approximatelF $116t000 which would seem to be appropriately acquired from bond funds for solid wastes disposal. Ye do not recommend purchase of any unit not immediately useable and Deeded for landfill operations. Interim or long range situations. In our opinion this activity will bo with us for some years to come and we are limited in the Job we should he doing to the extent of equipment. In.tho #ells Furnlturo property location the organizatlo~ of truch requirements is better than previously but haulage is still required and.is limiting equipment availability to,other Me would lihe to proceed with ~pecificatfons and advertisement for bids on this equipment subject to any procedures Council may designate. Respectfully submitted, S/ Julian F. Hirsh Julian F. Hlrs~ ,City #auager~ Mr. Llsk moved that C~uncll concur in the report o~ the City Manager. . The motion was seconded by Mr~ Trout an~ unanimously adopted. SEMEHS AND ST,OHM DHAINS~ Council having referred a report of the Se~er Committee with reference to the preliminary report of Hayes. Seay, Rattern ~ Mattern ~rchitects and ~uglnoers, concerning sludge handling facilities at,the Sewage Treatm Plant, to the City Auditor for an a~ysls of the status of the Sewage Treatment Fund the City Auditor submitted the following report: *September 10, 1970 Honorable Mayor and City Council' Roanoke, Virginia Gentlemen: .. -. At your meetlng of September 0, .1970 you requested that I advise you of the flnunclal status of the Sewage Treatment Fund. Using the July balance sheet included in the financial report submitted to youe which is the [utest c~mpleted report available at this times there is available in the fund in cash and cash ~tems to cover appropriations heretofore made a total of $3,2S6,771.59 composed of cash $50~160.05~ unearned balance of estimated revenue · for .the year of $70~,411.84e federal contributions due on c~pital projects of ~'~gg,RO0.O0 and proceeds from sale of authorized bonds $1e7OOeO00. O0. Against these assets,there are unexpended balances of appr~prlations he~ofore made amounting to $2~32~761j0~, con- posed of the,following: Operating Expense $S~4e~28.35~ Debt Serrlce $17S,S95.93.and Cspi~l Improvements $2,·14~,63S.7~t which would leave a ne~ balunce of $424s010~83. From this amount would be subtracted the $312,918.74 deficit in the fund created by appro- priations' In excess of available surplus to .cover expenditures heretofore mode for capital Improvements° Upon completion of presently authorized projects there wlll he an avallabl~ surplus of $111~000.00 .for day to day operational costs. The fund also contains a reserve for retirement of debt amounting to $101e925.16 representing the presently uccrued amount necessary to meet retirement of bonds as they become due. And~ In addition, a reserve ~or r~placement occount amounting to $1.~3,119.65 which Is the net accumulated;from npprop~intionS~mnde during the 20.yeu~s of oparntiug the'plnut~ns'l~funded!depreointlQn~om which equipment nad the vnrioan eatagorldn of tbe~pbyff~el plant are replaced when they.are worn.out.or becowe obsolete, '.filth reference to the Replncemeat'Reservebiit.is being funded it the rate of 2~ of cost of plant and equipment~'nanually. The plant has a present value of 6.7 million dollars and the accrued replacement reserve based upoa~thnt value in 29~. This should be in'the vicinity of 35~ based upun the average life of the plant'in existence. The difference being a result of low appropriations d~rlng the early years of.the operation of the plant pending the buildup of revenues. Respectfully submitted. SJ J. Robert Thomas J. Robert Thomas City Auditoru After a discussion of the matter, theory in the report and recommendation of the Sewer Committee, that the City Homager be instructed to p~oceed with plans and sp~clflcat~fls for sludge handling facilities at the Sewage Treatment Pl~at a~d that the ~ity Auditor be directed~to explo~ all avenues for needed revenue. The motion was seconded by Hr. ThomaS.and.unanimously adopted, R~O~T~ ~F COMMITTEES: AUDIZORIUM-CDLISEUM: Council having referred to a committee for tabulation report and recommendation bids received for various items of equipment for the Rom ok. iCivic Center, the co'mi,tee submitted the following report recommending that the Jproposal o~ ~esse & ~nrt, Incorporated, for vinyl Mall catering ~or the Civic Center Auditorium, for the sum of $§t47~oO0; tbe~pr0posal of Miller ~ Rhonds for acrylic and nylon carpeting for the Civic ~enter Auditoriumt for the sum of $38.13g.TS; the pro- posal of ~ela Seating Company. Incorporated. for folding chairs for the Civic Center. for the sum of $37,~94.00; and, the propcml of Solway Ste~l Produc~s for telescopic iplatform risers plus Alternate No. 1 for the Civic Center Coliseum, for the sum of $67tg41.63, be accepted: URoanoke, Virginia September 14,~ 1970 ,U~.orablei"a~ ..... d citr Cou.c~l " .' Rom oke, Virginia Centlcmen: ~ - - .. A~e~ due and proper advertisement, bids were received a~d opened before City Council on August 31, 1970; far'the provision of carpetinge.portablefoldlng chairs, and~telescopie· and demountable platforms for use in the Civic Center. This report will endeavor to discuss each of these bid items separately. Rowevere in doing so yourcommittee would like to review the overall, funding program for equipment and furnishings for.the Civic Cegter. As some members of the City Council are aware, at thetime the Civic Center project was funded and contracted, provision was made for a funq of $800,000 to furnish and equip the facility. Estimated costs were placed against.a prepared list of needed equipment and furnishings; hnwever, t~e estimated cost of this list of 32 items totaled $841,700 or some $41~?00 In excess of the funds provided. ·his list.of needed equipment was divided Into two portions, one to be prepared ~or bidding by the Associated Architects and Eng~eers, while osecond list was to be prepared for bids by the City of ;65 ~ ~Atto~h~d~to~tbic. fepor~ou~wlli find'a~re~sp o£~pr~viously bid ltens~shnuing~hheir eS~lRnted ~0lt aed.a~tuall~ bld'~costc to dsted~-rZt~ahdold be'anted,*hat,each tiw~ the bid item exceeded the original estimated cost City:Council appropriated.additional fuads~to cover this excess so that as of this date sore $909,114 has~beea,ap~roprinted against the~originoi estimate of $841,700. which was needed. ~ Hid'- i~en Ho. l.-~The.fastallatIoo o~ vinyl'wall covering la the-Civic Center-Audi*urine received-two bids. The bid sub- mi*red,by Hesse &-Burt~lncorporated~ of;Roanoke in the amount of.$Se4?$-uns low.~.After~lnelxding.the cost of adverticbmeatt the total cost is $2t015.62 below the $7500 allotted. The bid of Hesse'& ~urt~Incorporated, complies with the~apecificatlons and appears acceptable. ~Bld - Item No. 2 - For installation of carpets in the Auditoriu¥ received five bids wl~hThe Carpet Shop, of Roanohe, Incorporated, submitting the low base bid in the amount of $40,700, The Carpet Shop did eot reduce their bid amount for alte~aate~Ho, 1. which envisioned the furnishing and'installing of carpets composed of acrylic and nylon 7ams in lieu of 100 percent nylvn carpet specifled~in *he'base bid~',At~the tire this project was originally designed, combination of acrylic and nylon than 100 percent nylon carpets, Therefore. they were bid as au alternate. Hiller aad'Rhnads~'mith their headquarters In Richmondt Virginia. submitted the second low base bid in the amount of $41.927.10; however, utilizing their alternate bid to provide acrylic and nylon carpets, their low bid is $38.1~9.75t or $2,560.75 below the low base bid submitted by The Carpet Shop. The carpeting bid by Hiller and Rhuads, meets all specifications but only $35.000 was earmarked for the purchase of carpets for the Auditorium. To purchase these carpets plus pay for the advertising cost an addi- tional $3150.38 will be needed. Bid - Item No, 3 - TO furnish portable folding chairs for the Coliseum and Auditorium as well as for dressing rooms, radio and television platforns, etc, received only one bid. The items bid under this category are contained in two different listings of equipment with a teal of $36,500 available for their purchase, The bid submitted by Bela Seating Company. Intorporated of Chicago. Illin,Is. fn the amount of $3?.694.00 for.proFldfog 260 metal chairs with upholstered seats for use of musicians, etc.; lB00 fully up- ;hnlste~ed interlocking chairs for the use in the Exhibit Ball and for banquets; and 1500 straight Interlocking chairs all with indepen- dently ~olding seats; all comply with the Cltyts specificat~ns. The bid. however, exceeds the funds available by $1194. ~hen you · Include the cost of advertising for bids, au additfonal,S1203~38 will be needed, Bi~ - Item ~o, 4 - To provide telescopic and demouutable chair riser platforms to be used in the Coliseum for additional seating at the ends and sides of the area received three bids. The bid of Snfmay Steal Products to provide telescopic risers on the sides of the Coliseum and demountuble risers at the ends of the arena for $43.2~5.00 was lom. Only $35,000.00 bus been set aside for this after reviewing the'blds.'would recommend that City Co~ucil not con- sider alternate bids ~o. 2 and ~n. 3; homever, even though expensive it is felt that alternate ~o. I is worthy of consideration. Alternate No. I envisions the use of telescopic risers for rows 2 through 12 at the ends of the'arena~ln lieu of the manually demountable platforms specified In the basic bld~ These end platforms'are specified to be IS rows high. Huuually installing these 15 rows of,platforms would .entail numerous man hours and lt'has been estimated that It would cost approximately $100more each time they ere erected'or removed. At an additional cost of~$200 for iustallation'hud~enoval'after approximately 124 such ins t~lutlons, enough'money wbuld h&v~ been spent'for labor to pay for the more expensive telescopic platforms. With the complex operation of this facility where it is often necessary to convert the arena from one.use to another several times a week. It is highly conceivable'that the expenditure of the additional $24,6~.00 could be amortized within two to three years. The total'cost of installing telescopic platforms would be $~?.941.63. as opposed%t~the total cost ~of $43.27S.~3 to provide demountable platforms at th~ end and telescopic platforms on the side. This includes advertising cost.';'Alteraate No. 1 would require an additional appropriation of $32.941,63 while funding Just the base bid mould necessitate an additidnal appropriation of $6,275.63. Your committee strongly recommends the approval and funding of either the demountnble or telescopic platforms. To disapprove'both put.hames mould result in a reduction of seating cupaoit~ in the'coliseum to 8301 and ~°Uld Je0Pardiz~ the'use'of the Coliseum by proppeetive ~enants for bashetballs boxing, con- certs, etc. These risers provide some of the best seats in the arena dud their Installation is needed to encourage greater use of the Coliseum. In summation'the f~nd situation for these fou~ bid ltem~ is es follows~ Surplus· Advertisement or · , B_~ Costs Tota! Cost Available (Deficit) Item mi $ S,475.00' $ 9.3S $ 5,484.38 $ 7,500~00 $2,OLS.62 Item u2 360139.75 ' 10.63 35,150.36 35,000.00 (3,156.38) (Alt* 1) Item u3 37.694.00 9.38 3T,703.38 36,500o00 (1,203.38) Item u4 43.~65.00 : 10.63~. 43~275.6~ 35.00~.00 (H,~75063 or Item u4 67.931.00 10.63 67.~41.63 35.000.00 (32,941.63) Your committee recognized that the bids fQr carpeting,.folding chairs, and platform risers all exceed the funds originally'ear- marked for equipping the Civic Center. Nevertheless to ellmiqate any one of these items would result in an incomplete facility. ~herefore, it is the recommendation of your Committee that City Council: A. 'Accept the bid of Hesse and Hurt, In~. of Roanoke in the amount of $5,475.00 to provide vinyl mall covering in the Civic Cente~ Auditorium. ' Ho Accept the alternate b~d ~f Miller and Rhoads in the amount of ~30,13~.~5 to provide acrylic and nylon carpeting for the Civic Center Auditorium and appropriate an additional $3,150.39 to the Civic Center,capital fund account to.provide adequate funds for this purchase. ' C. Accept the bid of Bela Seating Company, loc. of Chicago, Illinois, in the amount of ~37,~94.O0 to provide folding chuir~ fo~ use'throughout the CiVic Cent~ complex and appropriate $1,203.39 to the Civic Center capital fund account for thii purchase. D. Accept either the low bi~ (43,265) or lom bid plus Alternate 1 ($5~,g41.63), as submitted by Solway Steel Products to provide platform'risers'for use'in the ~olise~m** The use of telescopic risers would expedite erection a~d removalt your committee would recommend Council consider an appropriation of $32,g41.63 to provide these telescopic risers.. Should City Council reject this expenditure then your committee would recommend an' appropriation of $5,275.63 to pro?ide th? demountable platform risers. E. All other bids should be rejected. Respectfully submitted, S/ Byron Ko'Haoer, '' Byron E. Hamer, Chairman .... S/ John A, Kelley John A. Kelley ' ' S/ John ~ Chappelea~, Jr. John ~. Chappelear, Jr, S/ H~war~ E. Radford Howard E. Rad~ord S/ Bueford Bo Thompson Hr, Lick moved that Council'concur ia the recommendations of the committeet and offered the*following emergency Ordinance: (o19326) AN OI~DINANC£ providing for the purchase and acquisition of portable folding chairs0 telescopio platforms fov chairst cavpeting and vinyl wall covering for use in the Ronnohe Civic Centert upon certain terms and nonditions~ and providing for an emergency° (For full text of Ordinance, see ordinance Rook No, 34, page 456,) Mr, Llsk moved the adoption of tho Ordinance, The motion wan seconded by Or, Taylor and adopted by tho following vote: AYES:, M~ss~a, Garland, hisk~ Taylor; Thomas, Trout, ,Wheeler and Mayor Webber ........................ ?o .... NAYS:* None ............... O. ' Mr~ Lick then offered tbo f, Il.ming emergency Ordinance appropriating $37~295.39 to. Civic Center Equipment under Section usg, UTransfers to Capital Improve men* Fund,N of the lg?O-71 budget, to provide additional funds in connection with acquiring rlnyl wall covering, acrylic and nylon ,atp*ting, folding chairs, and telescopic platform risers plus Alternate No. (o19237) AN ORDINANCE to amend and reordain Section ugg, UTransfers to Capital Improvement Fund,~ of the 1970-71 Appropriation Ordinance, and providing for (For full text of Ordinance, sen Ordinance Book No.,34, page Mr. Lick moved the adoption of the Ordlnance.~ The motion was seconded by Rr. Garland and adopted by the following vote: AYES: Messrs, Garland, Lick, Taylor, Tbomas, Trout~ Wheeler and Mayor Webber ............................. NAYS: None ...............O, · UNFINISRED BUSINESS: C~NSIDERATION OF CLAIMS: XNTRODUCTID~I AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No° 19315, vacating, discontinuing and closing that portion of an alley or roadway known as Jackson Avenue, S, W,, betmeen the east line of 9th Street and the east line of 9 1/2 Street, S, Wot bounded on the north by the Norfolk and Western Railway Company right of way and on the south by Lot 6 and T, Section 15, and Lot 9, Section 10, Jo W° Webb Map, and a portion of 9th Street, having previously been before Council for its first reading, read and laid overt was again before the body, Mr. Wheeler offering the following for Its reading and final adoption: I (s19315) AN ORDINANCE enaoted pursuant to the provisions of See*ion 15.1-364 of the Cod*of'Virginia'(1950) ns amended to. date'providing for vacating, discontinuing and elosiag that portion of aa alley or roodmay koomn as JachJon Ay*mu S, #*0 betmeen the eastline'of 9th St,he*' and the east line of 9 1/2 Street, S, bounded on the north by the Norfolh ~ Western Railmay Gompany*a right of uny, and on the south by Lots 6 and 7, Section 15t and Lot 9, Section lO, J. W. Webb Map, and n portion of 9th Street, S.~ W.t n~u closed, in the City of Roanokeo Virginia. (For full text of Ordinance, see Ordinance Book No. 34, page 450.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: #ess~.G~:lhddt Lisk, Taylor,, Thomas, Trouto Wheeler and Mayor Webber .......................... ?. NAYS: None ........... O. ZONING: Ordinance No. 19316. ,*zoning property located on the northeast corner of Brandon Avenue and Edp*mood Street. ~. W.. described as a part of a five acre tract of land, Persinger Lands, Official Tax No. 1610204, from RG-I, General Residential District, to C-2, General Commercial District, having previously been before Council for its first readingb read and laid over, was again before the body, Mr. Trout offering the fei,lowing for its second reading and final adoption: (m19316) AN ORDINANCE to amend Title XY. Chapter 4.1. Section 2. of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 161, Sectional 1966 Zen Map. City of Roanoke. in relations to Zoning. (For full text of Ordinance, see Ordinaoce Book No. 34, page 452.). Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and ado~ ed by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ........................ NAYS: None .......... O. ELECTI(I~S: Council having directed the City Attorney to p~epare the prope measure amending and ,*ordaining Section 21, Chapter 2, Title IV, of The Code of the City of Roanoke, 1956, relating to the voting place In the Leaden Precinct, he pr*se same; whereupont Dr. Taylor offered the following emergency Ordinance: (S19326)* AN ORDINANCE amending and reordaining Sec. 21t Chapter 2. Title of the Codeof;th~City of Ro~nohnt 19$$,.relating to the voting place in Loudon Precinct; and providing for an emergency~ (For full text of Ordinance, see Ordinance Book No. 34, page Dr. Taylor mdvdd the adoption ~of the Ordinance. The motion was seconded by Mr. ~heeler and adopted by the folloulng vote: AYES: Messrs. Garland, Lisk, Taylor, Thomast Trout, Wheeler and Mayor Webber ......................... NAYS; None ............ O. ~69 ed V, MOTIONS AND MISCELLANEOUS BUSINESS: . AIRPORT: Mr..Mheeler presented.th~ following .communication advising tb~lt Eastern Airlines bas knnouoced its plans to discontinue one of its flights through ~Ae £it~ of Roanoke and au99catin9 that the City Attorney prepare a Resolutloo,~tttl the con,era of the city and any other groups mbo would work with the clty to pursue the ma~ter with Kastor~'Alrlines: , , ~ ,. · '~ · #Roanoke, V~rginia September 14, 19YO To the City Council ~ Roanoket,Virglnta,' · , Eastern Airlines, has ann,oanced l~ts plans.to dlJcontlnae.one of its flights through Roanoke, X feel we should do everything that we possibly can to prevent them fro~ stoplAng this -important i would nuggest that the Clt~ Attn~ne~ p~e~ ~eso~u~lo. that'could be brought, back to the City Council~ thnt~monld~st~te the concern of the City of Roanoke 'ln the discontinuance of this flight that would approve ~he, City government and ~ny other groups that would work with the CitT ~ pursue this matter with Eastern &irlines~ th,at would endorse the City ~ontncting the Federal agencies and that ~ou'ld Invite neighboring cities and c~mmualties that use our airport to support us in thls position. Respectfully submitted, S~ Vincent S. ~heeler Vincent S. ~heelern ~r. Nheuler .mo.red that the m~atter be referred ,to the City Attorney for ~reparation of the proper measure. The. motion was seconded b~ ~r. Trout and una,nimo ly adopted.. CITY CLER£: Hayor. Nobber pointed out that the term of Niss ~Irginia L. Shaw as City Cier~ expires on September 30~ 1970, and called for uominatlonu t~ fill the pending vacan,cy. Mr, Trout placed in nomination the name ~f Virgiota Lo Shaw. Thoro being no further nomiaations~ Riss..Virginla Lo Shaw ~as reelected as City Clerk for a term of two years beginning October I~ 1970. by the folloming · FOR ~ISS SRA~: Ressrs. Garland~ Lisk, Taylor, Thom~s, Tro.ut~ Nheeler and CITY AU~ITO~: Mayor ~ebbor palatod out ,that the term of as City Auditor ~pire~ ~n September 30~ 1~?O~ an, d culled for nominations to fill th~ pending vacancy · ~r° Trou~ pl~cod lnnomiuatioo tho~ ~ame of J, Eobert Thomas. There bain9 no f~rthnr.nominations,,Rr, Jo Robert ,Thomas was .reelected as City Auditor for a torm of tmo yea~s beginning October .1~ 1~?0~ by the follow~ng vot~ FOR ~Ro ~HO~S: ~.R~ssrs. G~rl~ad~ ~isk~ ~aylor~ ~omas~ Trout, ~he~ler and ~ayor N~bber .................. ~. . , CITY ATTOf~NZY: ,Mayor lebber pointed out that the term of Mr. James N. Kincanon es City Attorney expires on September 30, 1970, and celled for nominations to fill the pending vacancy. ,-Mr. Trout. placed in nomination the names of James No Klncaoon, There being no farther nominations, Mr. James N, Kincanon mas reelected as City Attorney for a term of two years beginning October 1, 1970, by:the folloming FOR MR. KINC~ON: Messrs. Garland, Limb, Taylort Thomaso Trout, Mheeler and Mayor ~ebber .................. ~---7° : MUNICIPAL COURT:' Mayor Mebber pointed out that the term of Mr. Beverly Fitzpatrick, as Chief Judge of the Municipal Court expires on Septehber 30, 1970, an* that the term of Mr. George B. Dillard as a Municipal Court Judge, expires on September 30, 1970, and called for nominations to fill the pending vacancies. Mr. Trout placed in nomination the names of Beverly T. Fitzpatrick and George B. Dillard. There being fig further nominations. Mr. Beverly T. Fitzpatrick mas reelect* as Chief Judge of the Municipal Court and Mr. George B. Dillard was reelected as a Judge of the Municipal Court for terms of four years each beginnin9 October 1, 1970, by the follomiog vote: FOR MESSRS. FITZPATRICK ~D DILL~D: Messrs. Garlandt Lisk, Taylor, Thomas, Trout, ~heeler and Mayor Mebber ............... BUILDING CODE: Mayor [ebber pointed out that the term of Mr. J. M. Yea*ts as a member of the Board of Appeal,, Building Code, expires on September 30, and called for nominations to fill the pending vacancy. Mr. Trout placed in nomination the name of J. M. Yeatts. There Mag no further nominations, Mr. J. M. Yea*ts was reelected as a member of the Board of Appeal, Building Code, for a term of five years beginning October 1. 1970, by the folioming vote: FOR MR. YEATTS: Messrs. Garland, Lisk, Taylor, Thomas, Troutt ~heeler and Mayor ~ebber ................... ?. LIBRARI~: The City Clerk reported that Mrs. Elisabeth M. Bremry, Mrs. John B. Morrow and Mr. Evans B. Jessee have qualified as members of the Roanoke Publ: Library Board for terms of three years each ending June 30, 1973. Mr° LJsk moved that the report be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. CITIZENS* ADVISORY COMMITTEE: The City Clerk reported that the Reverend Calvin B. Fulton and Mr. James A, Stringfleld have qualified as members of the Citizens' Advisory Committee for terms of *mo years each ending April 14, 1972. Mr. Thomas moved that the report be received and filed. The motion mas seconded by ~. Taylor and unanimously adopted. There being no further busine~ Mayor Webber declared the meeting adJoorne¢ APPROVED ATT~T: COUNCIL, REGULAR MEETINGs londay, September 21, 1970. The Council of the City of Roanoke met in regular,meeting in the Couecil :hauber In the ~em Municipal Building, Monday, September 21, 1970, at 2 p.m., the regular meeting hour, mith ~ayor Meb~er presidinG. PRESENT: Cpuncllpan David K. L~sk end Mayor Roy L. Mebber ............ 2. ABSENT: Councilmen Robert A. Garland, Noel C. Taylor, Hampton 6. Thou~s, James O. Trput and, Vincent, S. ~hee~er---~ ........ :---~--~ ......... : ............. $. OFFICERS PRESENT: Yr. Janes N. Kln~anon, Cfi! Attorney, Mr. J. Robert T~ouas, City. Auditor ned Miss Virginia L. Sham, City Clerk.~ ~O~NCIL: Mayor #ebber pointed out that fire members of Couacll,~re in Arlington, Virginia, attending the sixty-fifth annual cgnvention 9f the Virginia Municlpa~ League and declared the meeting adjourned due to the lac~ of a, quorum. APPROVED ATTEST~ COUNCIL, REGULAR MEETING, Monday, Septeiber 28, 1970, The Council of the City or Roanoke met in regular meeting in the Council Chamber in the new Municipal BuildinG, Monday, September 28, 1970, at 2 p,m., the regular meeting hour, with Wayor Webber presiding. PRESENT: Councilmen Robert A. Garland, David M. List, Noel C. Taylor, Nampton M. Thomas, James O. Trout, Vincent S. Wheeler and Rayor Boy L, Webber ..... ?. ABSENT: None 0 OFFICERS PRESENT: Mr. Julian F. Hirst, C~y ManaGer, ar. flyron E. Manet, Assistant City Manager, Ur. James N. Klnc~n, City Attorney, and Mr. Jo Robert Thomas Cry Auditor. INVOCATION: The meeting was opemed mith a prayer by Dr, Noel C. Taylor, Member of Roanoke City Council. MINUTES: Copies of the ~nutea of the regular meeting held ge Moodoy, AoGust 31, 1970, ire orgauination meeting held on Tuesday, September 1, 1970, and the regular meetinG held on Monday, September 6, 1970, having been furnished each member of Council, m motion of Mr. Thomas, seconded by Mr. Link and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for bids on the con. ruction of a storm drain on Somerset Avenue, S. W., northeasterly from Avenha Avenue to the termination of Somerset Avenue,, S. W., said proposals to be received by the C~ty Clerk until 2 p.m., Monday, September 2G, 1970, and ~ be opened at that hour before Council, Mayor Webber anted if an)me 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; Mhem]pon, the City Clerk opened'~nd read the following bids: Hudgins ~ Pace, Contractors - $75,379.00 $ -~- Draper Construction Company - 76,518.01 80,217.56 Incorporated - 77,313.16 81,647.96 Branch ~ Associates, l]~orporated - 68,613.50 93,290.50 Wiley N. Jackson Company - 93,367.00 96,416o00 Prillaman ~ Pace, Incorporated - 93,4HI.75 .... J. P. Turner ~ Brothers, Inc., - 135,705.50 135,761.05 Mr. link moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to C~I, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee. The m~ion was seconded by Mr. Wheeler and unanimously adopted. Mayor Webber appointed Messrs. Vincent S. Wheeler, Chairman, Byron E. Haoer William F. Clark and Samuel H. McGhee, III, as members of the committee. SEWERS AND STORM DRAINS: Pursuant to notice of advertisement £sr'bids as the construction of a storm drain in the Bluefleld Boulevard, S,W., area, said proposals to-be received by the City ClerR until 2 p,m** Monday, September.28, 1970, and to be opened at that bour before Ccuneil, Mayor Webber asked if anyone had any questions about the advertisement, and no representative present raising any qnestiol the Mayor instructed the City Clerk to proceed With the opening of the bids; mhereupol the City Cl/rk opened and read the foil*ming bids: Name ProD*ssi No. I Pr***scl No. Aaron J. Conner'General Contractor, Incorporated $ 69,032.12 $.72,465.01 Draper Construction Company - 82,512.35 SS,SBS.IS Prlllaman ~ Pace, Incorporated - 93,096°00 Wiley N. Jackson Company - 93,477.00 95,948.00 Hudgins ~ Pace, Contractors - Q6,769.4S Rranch ~ Associates, Incorporated - 110,367.00 113,060.50 J. P. Turner ~ Bra~l~rs, Incorporated - 123,413.55 124,005.60 Mr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulationq report and recommendation to Council, the City Attorney to prepare the proper measure in accordance with the recommendation of ~v~ committee. The motion mas seconded by Dr. Taylor and unanimously adopted. Mayor Webber appointed Messrs. Vincent S. Wheeler, Chairman, Byron E. Hamer William F. Clark and Samuel H. McGhee, III, as members of the committee. ZONING: Council having set a public hearing for 2 p.m., Monday, September 28, 1970, on the request of Mrs. Ruth C. Owen, that property located on Willianson Road, N.W., between Hamthorne Road and ioodbury Street, described as Lots 3 - 6, inclusive, Block 10, Official Tax Nos. 21g0303, 2190304 and 21g0306, be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District, the matte mas before the body. In this connection, the City Planning Commissim submitted the foil*ming report recommending that the request ~r rezoning be granted: "August 20, 1970 The Honorable Ray L. Webber. Mayor and Members of City Council Roanoke. Virginia Gentlemen: The above cited request mas considered by the City Planning Commission at its regular meeting.~ August 19, 1970. Mr. Leon R. Kytchen, atM~ney for ~o petitioner, stated that this request does not constitute spot zoning since the entire strip along Nilliamson Road is presently commercial, that there is no hardship involved, and finally, that there is no opposition to this request. In addition, he noted that the petitioner, Mrs. Omens, omned other property in the.general area. The Planning Director noted that the existing C-I zoning designation serves as a buffer zone betmeen the existing RS=3 zoning designation and the existing C-2 zoning deslola~ion and, thereby, protects the conti- .gmus residential uses. The Planning Commission members generally concurred that the general area in question is of a commercial nature. Mr. Weutmorth, Commission Member, inquired about the drainage situ- ation in the general area; it mas, homever, noted that no drainage problem existed in the area. Accordingly, motion was made, duly seconded nnd ununimously approved recommending to City Council that this request be spproved. Sincerely, S! John H. Parrott /by L,H. John N. Pnrrott Chairman' Mr. Le6n S. Eytchen, Attorney, representing the petitioner, appeared befo] Council in support of tan request of his client. No one appearing tn oppoxiZlou to the request for rezoaing, HF. Wheeler moved that the follouing Ordhance be placed upon its first reading: (u19329) AN ORDINANCE to amend Title X¥, Chapter '4.1, Section 2, of ~he Code of the C~y of Roanoke, 1956, as amended, and Sheet No. 219, Sectional 1966 Zone Map, City Of Roanoke, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have Lots 3, 4, $ and 6. Block 10, Airlee Court, Official Tax Nos. 2190303. 2190304 and 2190306, rezoned from C-l, Office and Institutional District, to C-2, 6eneral Commercial District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from C-l, office and Institutional District, to C-2, General Commercial District; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section ?1, Chapter 4.1, Title AY, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, have b~en published and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 28th day of September, 1970, at 2 p.m., before tan Council of the City of Roanoke, at whic! hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezonin9; and WHEREAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. TBEREFORE~ RE IT ORDAINED by the Council d the City of Roanoke that Title KY, Chapter 4.1, Section 2, of The Code of the City of Roanoke. 1956, as amended, relating to Zoning, and Sheet No. 219 of the Sectional 1966 Zone Map, City of Roanoke )e amended in the following particular and no other, viz.: Property located on Williamson Road, N.W., described as Lets 3, 4, 5, and ~, Bl~k 10, Map of Airlee Court, City of /~anoke, designated on Sheet 219 of the Secti I1 1966 7~ne Map, City of Roanoke, as Official Tax Nos. 2190303, 2190304 and 2190306, tad is hereby, changed from C-l, Office and Institutional District, to C-2, General ;ommercial District, and that Sheet No. 219 of the aforesaid map be changed in this ~espect. The motion was seconded by Mr. Thomas and ndol~d b7 the following vote: AYRS: Masaru. GsrinndoLf~.Tsyl~,l~ms, Trout. Mheeler and Mayor Webber--?. NAYS: None ........................................................... O. ZONING: Council having set a public hearing 0u the request of Hr. Gurrisot L Roberts, et ax., that ama acre tract of lnnd located on Westside Boulevard and [yoming Avenue, R. M., described as a part of the Gilbert Map, Official Tax No. 2670203. be rezoned from RS-3, Single-Family Residential District, to RG-2. General ~esidentlal District, the matter mas before the body. In this connection, the City Planning Commission submitted the roi bang report recommending that tun request for rezoning be ~nted for un RG-I zoning designatim, rather than the original request for an RG-2 designatim: "August 20, 1970 The Honorable Roy L. Webber, Rayor and Rembers Of City Council Roanoke, Virginia Gentlemen: The above cited request was considered by the City Planning Commissim at its regular meeting of August 19, 1970. Mr. Leon R. Kytchen, attorney for the petitioner, stated that the petit imer proposes the folloming type of development: a. One building containing six one-bedroom apartments facing #estaide Boulevard. b. Two buildings consisting of four tug-bedroom units on Gilbert Road. c. A maximum of 14 units for the entire tract. In addition, Mr. Le6n R. Kytcben stated that there is presently no market for single family homes, the proposed use represents the highest and best use, utilities are available to service the new uses, and tnnt there might, perhaps, exist a problem mi~ the additional school-age children generated by this proposed development. The Planning Director noted that the proposed development as enumerated above could be accomplished under the RG-I zoning designation. Accordingly, motion was made, duly seconded and unanimously approved recommending to City Council that this request be approved for a EG-I zoning designation, rather than the original request for a RG-2 zoning designatim. Sincerely, S/ John fl. Parrott /by L. M. John H. Parrott Chairman* Mr. Leon R. Kytchen, Attorney, representing the petit i met, appeared before :onncil in support of the request of his client. No one appearing in oppositkn to the request for rezoning, Hr. Mheeler move, that the following Ordinance be placed upon its first reading: (nlgaSO) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the C~y of Roanoke, 1956, as amended, and Sheet NO. 267, Sectional 1966 Zone Rap, City of Roanoke, in relation to Zoning. MHBRE~S, application has been made to the Council of t~Clty of Pmnoke to ka~6,e one acre tract of land located on Mestslde Boulevard and Wyoming Avenue, N.M. Official Tax No. 26?0205, rezoned from RS-3, Single Family Residential District, to RG-1, General Residential District; end WHEREAS, the City Planning Commission has recommended that the hereinafter described lend be rezoned from RS-3~ Single Family Residential District to RG-I, General Residential District; and WHEREAS, the uritten notice and tee posted sign required to be published and posted, respectively, bF Section 71, Chapter 4.1, Title X¥, of The Code of tee City of Roanoke, 19S6, ua an~nded~ relating tn Zoning, have been publiahed and posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice mas held on the 2Hth day of September, 1970, 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 rezonlug; and WHEREAS, this Council, after considering the evidence as herein provided, is Of the opinion that the~her~inafter described land should be rezoued. THEREFORE, HE IT ORDAINED by the Council of the (~ty of Roanoke, that Title XV, Chapter 4.1, Section 2,'of the Code of the City of Roanoke, 1956, as amended, velatilg to Zoning, and Sheet No. 267 of the Sectional 1966 Zone Map, City of Roanoke, . be amended in the folloming particular and no other, viz.: Pruperty .located au West~lde Boulevard and'Wyoming Avenue, N. W., described as a one acre trait, Official Tax No. 2670203, designated on Sheet 267 of the Section al 1966 Zone Map, City of Itanoke, as Official Tax No. 2670203, be, and is hereby, changed from RS-3, Single Family Residential District, to RG-I, General Residential District, and thatSheet No. 26? of the aforesaid map be changed in this respect. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Li~ Taylor, Thomas, Trout, Wheeler and Mayor Webber ......................... ?. NAYS: None ..........O. PETITIONS AND COMML~ICATIONS: STREETS AND ALLEYS-SALE OF PROPERTY: A communication from Mr. Warren S. watt, requesting to deed a parcel of land owned by him on 6 1/2 Street, S. E., to the City of Roanoke in exchange for the City deeding to him approximately 30 feet of city ouned street right of way adjacent and contiguous to another parcel of property owned by him on 6 1/2 Street in order to make his two tracts of land contiguous, and to provide for a 50-foot right of way instead of a 40-foot right of way in connection with the opening of 6 1/2 Street to connect with Morrill Avenue, SUE., was before Council. Mr. Wheeler moved that the communication be referred to the City Manager for study, report and recommendation lo Council. The matin was seconded by Hr. Lisk and unanimously adopted. BUDGET-SCHOOLS: A ~ommunl~o~lon from the Roanoke City School Board, requesting that $87,840.00 be appropriated to #olntensnce of Buildings under Section z?O00, 'Schools - #ointenunce of Flout ~ Equipment," of the 1970-?1 budget, to provid~ funds for the renovation of the Booker T. #ashbgton Jnnior High School tn order to convert this building into the Central School Admhistrutive Offices and other facil- ities, was before Council, #r. Samuel P. BcNell, Chairman of the Roanoke City School Bonrdo appeared before Council in support of the request of the School Bard and advised Cou~il as to bom the SBToB40~O0 will be expended. In ~ dis~sion,of_thc mat~r, various members of Council -expressed the opinion that ~ere are accounts mithin the budget of rue It~neke City School Bard mhere transfers can he mode to prtially cover said renovations and that the School Board should be requested to furnish Council with a list of these possible transfers. Hr. Lisk expressed the opinion that to do this mould cause the School Board to account for its monies to soon. Mr. Thomas moved that the matter be referred back to the Roanoke City School Bm:d to determine if there are any trampers that can be made between accounts in its 1970-71 budget and that t~e School [bard be requested to furnish Council with an itemized list of renovation to be made to the Booker T. Mashing,on Junior High School The mot lm was seconded by Hr. Mhee~r and adopted. Mr. Llsk voting no. In a further discussion of the matter. Mr. McNeil advised that the recrea- tional facilities in the vicinity of the Harrison Elementary School. the Lincoln retrace Elementary and the Helrose Elementary Sch~l*~are very limited and that the gymnasium at the Booker T. Mashington Junior High Schai will be used for children in this area. BUDG£T-SCBOOLS: A communication from the ~anoke City School Board. request. lug that SSS.O00.O0 be appropriated to Lucy Addison High School Field House under Sectio~Bg. ~Transfers to Capital Improvement Fund.# of the 1970-71 budget, to ~rovide funds to enable Lucy Addison ~igh School to expand its physical educnt~ and ithlettc programs to include intramural and other activities comparable to those bain! offered or proposed at other high schools in the City of Roanoke. was before Council. Dr. Taylor moved that Council concur in the request of the Roanoke City Scnml Board and o~ered the following emergency Ordinance: (=19331) AN ORDINANCE to amend and reordain Section '~ag. "Transfers to Capital Improvement Fond." of the lg~O-71 Appropriation Ordinance. and pToviding for ~n emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 45fl.) Dr.. ~eylor moved th~adoption of the Ordinance. The motion mas seconded by Mr. ~heeler and adopted by the follomin9 vote: AYES: Messrs. Garland, Llsk, Taylor, Thomas, Trout, Wheeler and Mayor ~hber ........................ 7. NAYS: None .......... O. BUDOET-SCHOOLS-SEHERS AND STORM DRAINS: Council having concurred in e recommendation or the r~! Manager in connection mi~the request of the Bnnoke City School Board that u storm drain be constructed from Fifth Street, S.M** along Luck Avenue by city forces to serve the new Jefferson High School gymnasium, that the matt be foruarded beck to the School Board with the suggestion thatthe construction be handled es e part Of the contract for the gymnesium construction, a communication from the R~noke City Schmi Board requesting that $10,034.50 be appropriated to Jefferson High School Gymnasium under Section n89o *Transfers to Capital Improvement Fund," of toe 1970-71 budget, to provide funds for said Moth, mas before Council. Mr. Thomas moved that Council concur in the request of the R(mohe City Schoul Board and offered the f, Il,ming emergency Ordinance: (a19332) AN ORDINANCE to amend and reordain Section #69, *Transfers to Cap"iai Improvement Fund," of the 1970-?1 Appropriation Ordinance, and providing (For full text of Ordinance, se Ordin~ce Book No. 34, page 459.) Mr. Thomas moved the MoptJon o! tun Ordinance. The motion Was seconded by Mr. Trout and adopted by the f,Il,wing vote: AYES: Messrs. Garland, Liflq Taylor, Thomas, Trout, Mheeler and Mayor Mebber ....................... 7. NAYS: None ....... O. BUDGET-CITY SERGEANT: Copy of an Order of the Hustings Court of the City Roanoke, Virginia, in connection wita the salaries and expenses o! the Office ot the City Sergeant, o~dering and adjudging that the salaries of the personnel in the Office of the City Sergeant be as fixed by the State Compensation B~rd for the fisca year 1970-71, except the salary of Deputy Sergeant E. E. Frye whose salary is estab- lished at $5,967.49 instead of $5,830.00, was before Council. Mr. Thomas moved that Council concur in the Order of the Hustings Court and offered the following emergency Ordinance appropriating $45.82 to Personal Services u,der Section u23, "Bergeant*" of the 1970-71 budget: (u19333) AN ORDINANCE to amend and reordain Section #23, "Sergeant," of the 1970-71 Appropriation Ordinance, and providing for an emergmcy. (For full text of Ordinance, see Ordinance Book No. 34, page 459.) Mr. Thomas moved the adoption of tan Ordinance. The motion mas seconded by Mr. Mheeler and adopted by the following vote: Mebber ........................ 7. NAYS: 'None ........O. BUDGET-COMMONWEALTH'S ATTORNEY: Copy of an Order of the Hustings Court of the City-of Roanoke, Virginia, in connection with t~ salaries and expenses of the Commonwealth's Attorney, ordering and adjudging that the salaries of the personnel in the Office of the Commonwealth*s Attorney be as fixed by the State Compensation Board for · e fiscal year 1970-71, except that a new position of Cbrk-Typist at on annual salary of $4,200.00 be established in said office, was before Council. ~79 Mr. Link moved that Council concur tn the Order of the Hustings Court and ~frered the following emergencyOrdinonceapproprletlng $2,100.00 to Personal Scrytcel snder Section a22, '¢ommouweulth*a Attorney," of the 19TO-TI budget: (a19334) AN ORDINANCE to amend and reordain Section n22, 'Commonmealth*a ~ttorney,~ of the 19TO-TI Appropriation Ordinance, and providing rna an emergency. (For full text.of Ordinance, see Ordinance Book No. 34. page 460.) Mr. Link moved the ~option of the Ordinance. The m~tJon was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Lisk. Taylor. Thomas, Trout, Nheeler and Nayor Rebber ...................... T. NAYS: None ........ O. In tats connection, a communication from Mr. Samuel A. Garrison, III, Comnonwenlthts Attorney, requesting that $1.652.5o be appropriated to office Purnitur and Equipment -Nem and that $40.00 be appropriated to Maintenance of Machinery and Equipment under Section #33° "Commonwealth's Attorney." of the IgTO-TI budget, to provide fund s for a secretarial desk, a chair, an IBM electric typewriter, an executive desk, a conference table and six chairs and a service contract for the IBM electric typewriter, was before Co~cll. After a discussion of the matter, Mr. Thomas moved that Council concur in the request of the Commonwealth's Attorney and that ~e matter be referred to the City Attorney for preparation of the proper measure. The mot in wos seconded by Mr. Mheeler and unanimously adopted. BUDGET-CITY TREASURER: Copy of an Order of the Hustings Court of the City of Roanoke, Virginia, in connection witu the salaries and expenses of the Office of the City Treasurer, ordering and adjudging that the salaries of the personnel in the Office of the City Treasurer be as fixed by the State Compensation Boafd for the ffiscal year1970-71, was beffore Council, Mr. Thomas moved that the Order of the Hustings Court be received and filed~ The motion was seconded by Mr. Llsk and unanimously adt~ted. pARES AND PLAYGROUNDS: A communication from Miss DorothyM. Gibboney, President, The Science Museum Association of Roanoke Valley, heartily concurring t.hat a study of the zoo atop Mill Mountain is needed and offering the services of the Board of Science Museum for long-range planning for developing zoological and botanicl gardens on Mill Mountain, was before Council. Mr. Link moved that the matter be referred to the Mill Mountain Oovelopment Committee for their information. The motim was seconded by Mr. Trout and unanimously ad~t ed. PARKS AND PLAYGROUNDS: A communication from Mrs. Robert L~onard, Presiden Mildmood Civic Eeague, advising that groups are gathering in Thrasher Park after 11:0, p.m., and remaining there until ~arly moming hours, t hat they are disturbing reaideut and damaging park property and reqmsting that the Ordinance pertaining to the closin Mr. ikeeler moved thot the matter be referred to the City Manager roe investigation end report to Council. The motion was seconded b7 Mr. Trout sod unanimously adopted. STREET LIGHTS: A communication from Mrs. Robert Leonard, President, Mild- wood Civic League, requesting that a street light situation be corrected at Vinton ~ill Hoed end Helle Avenue, N. E., was before Council. Hr. Lisk moved that the matter be referred to the City Manager for study and report to Council. TheRmion was seconded by Mr. Trout and unanimously adopted. ZONIHG: A communication from Mr. George J. Jacobs, Administrator for the Estate of George S. ~ Mike Jacobs, requesting a non-conforming permit to operate a rooming house at 1747 South Jefferson Street, was before Council. Mr. Trout moved that the communication be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Mr. ~heeler and unanimously adopted. ZONXN6: A comnunicatin from Mr. Clinton L. Pultz, requesting authorizatlc to convert a single family dwelling located at 603 Strand Road, N. E., into a duplex dwelthg, was before Council. Mr. Mheeler moved that the communication be referred to the City Planning Commission for study, report and recommendatim to Council. The m~ ion was Seconded by Dr. T~tor and unanimously adopted. CITy EMPLOYEES: A Resolution adopted by the Roanoke Valley Chamber of Commerce, respectfully requesting that the Council of the City of Roanoke not approve a Resdution authorizing the use of city=owned property for the purpose of conducting a union election and that the city proceed with all dispatch to resolve any dJfferenc mhich might exist between itself and its employees, was before Council. Mr. Nheeler moved that the Resolution be received and filed. The notion was seconded by Mr. Cqrland and unanimously adopted. REPORTS OF OFFICERS: BUDGET-MUNICIPAL COURT: The City Manager submitted the following report in connection with appropriating $2,040.00 to Personal Services Under Section *Municipal Court," of taei~70-71 budget, to provide futxl s for a Substitute Issuing Justice for the Municipal Court: "September 28, 1970 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia J~ge~ He~etlY~T~ ~Fltzpat~i~k~'~C~iefJSdg~:of~the MunicJpal.Court~ ha~re~om~ndedthat, t~re~b~snbmitted to the City Council his request for an additional Issuing Justice for duty on Friday and Saturday nights. The justification submitted Js that the volume of worh and problems peculiar to the office are such tltt there are times during these evenings when the single Issuing Justice on duty is unable to maintain an adequate rate of handling the work of t~e o~tce; therefore, ca=sing excessive detaining of police officers and prisoners. There were several instances during two weekends in August where prisonecs and officers w~re held up well in excess of an hour awaiting processing, 781 The Issuing Justices ore pnld$3,7$ per hour which ia $30 per night, or $60 per week, end Would require rot the remainder of the present fiscal year effective November 1, 1970, aa additional appropriatim of $2040. This is submitted to the City Council for consideration. RespectfullT submitted, $/ Julion F. Hirst Julian F. Hirnt City Managerw Mr. Lisk moved that Council concur in the report of tae City Manager and ~ffered the follouing emergency Ordinance: (e19335) AM ORDINANCE to amend and reordain Section u20, "Municipal Court, of the lg?O-Tl Appropriation Ordinance, end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 460.) Mr. Lash moved the adoption of the Ordinance. The motion uaw seconded by Dr. Taylor and adpted by the following vote: AYES: Messrs. Garland, Lisk, Taylr. Thomas, Trout, Wheeler and Mayor Webber ........................ NAYS: None .........O. MATER DEPARTMENT: The City Manager submitted the following report requestff authorization for the construction and installation of a new uater main extending between Bosworth Drive and RJdgewood Lane. S.M., that authorization be given for the acceptance of two easements required for the proposed Mater main and that the project be included out of appropriated funds: "September 28, 1970 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia This relates to a matter of iusufficiency of water pressure to serve several residences on Ridgewood Lane, S.M., and the immediately adjoining area. It is created by the combination of factors of ele- vation, small size water lines and the development of homes producing water requirements in*excess of the original design capacity of the system. There is attached a drawing prepared by the Mater Department illustrating the area. Eight honm on Ridgewood, Brambl~ and Canter- bury Lanes are affected. It is a continuous year-round problem and currently, as thin is prepared, two homes are unable for major periods of a da~ to obtain water into the second flc~r lerel. The situation became so critical this past winter that it sas necessary for the City to lay a temporary water line across the grmnd into this area to augment pressure. Me would propose that this would be remedied by the construction of a six-iuch line which would connect onto au existing six-inch water main in Doswmlh D~ive, come across two private properties and connect into the two-inch main on Ridgewood Lane. We have an offer of a donation of an easement from Mr. M. Hulling Inard for the water line to extend along his property line, this being one of the properties affected by low pressure. A.second easement has been offered for sale to the City for $300 across {he property of Dr. M. G. Martin, who is not affected by the ~ressure situation. The estimated cost of the project is as follows: A. Easement Appraisal $50.00 B. Easement (W. G. Martin) $ 300.00 C. 430' or 6-inch main installed $2,205.00 0. Two each 6-inch chech valves $ 100.00 $2,475.00 Installation of this line would result in the following pressure revisions nt the addresses us mould be affected: Present Proposed Approx. Approx. Static Static Address Pressure Pressure 415 Canterbury Lnne 43 psi 156 psi 3600 Ridgewood Lane 26 psi 139 psi 3625 Ridgenood Lane .3b psi 150 psi 408 BramMe Lane 36 psi 150 psi 3635 Ridgeuood Lane 24 psi 137 psi 3636 Rldgeuood Lane IT psi 130 psi 3654 Ridgemood Lane 20 psi 133 psi 3602 Ridgewood L~ne 26 psi 139 psi Wot.all those addresses listed maid have to be served; honever, if rot example, 3600 Ridgemood Lane wished to obtain more pressure then all of the houses between 3600 and the edge of Rf~euood Lane would hare to take the higher pressure. All houses served by the higher pressure wold have to have a pressure reducing valve installed in their line iudividuall The Water Department will propose to inform the residents of the consider- ation of installation, obtain their agreement, and their understanding tha they would have to install at their own expense individual pressure reduc- ing valves at a cost of approximately $35 to $40 per valve. City Code requires authorization by the City Council in any action that results in the increase of pressure to mater customers. It is felt that assumption of the cost of this conslruction by the City is justified on the basis that this is n connection of a high level system to another high level system having higher pressure because of a pumping system and because more properties involved have been water customers over a period of time. The authori2~tion of the City Council is requested to: 1. Increase the pressure in the immediate area by the proposed construction. 2. Acquire and accept the two easements required for private property. 3. Include this project for construction out of appropriated funds. Respectfully submitted, S/ Julian F. Wirst Julian F. Btrst City Manager" .Mr. Wheeler moved that Council concur in the requests of the City Manager and offered the following emergency Ordinance: (=19336) AW ORDInAnCE approving an increase of water pressure in a portion of the Edgehill, S.W., Section of the City; authorizing and prortd~ for the acquisi- tion of certain easements for the anstruction and operation of additional public natal mains; authorizing the construction and installation of a new water main extending betmeen Bosworth Bri~e and Sidgewood Lane, S.W., and 'provid~g for an emergency. (For full text of Ordinance, see Ordinance Book Wu. 34, page 461.) Br. Wheeler moved the adoption of the Ordi~nce. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thoma~ Trout, Nheeler and Mayor Webber ...................... 7. NAYS: None ....... O, :'/83 STREET LIGBTS~SID£MALK, CURB AIqD GUTTER: Council having referred to the ;it7 Reneger for study, report nad recommendation u request of Downtown Roanoke, Incurporuled, expressing concern os to several elements or inadequacies end deterior- ations h the dount~n business district, the City Ba~sger submitted the following report advising that he is Jn the process of scheduling a tour nnd a meeting with interested parties In connection with the matter: 'Roanoke, Virginia September 28. 1970 memorable Bayer and City Council " Roanoke, Virginia Gentlemen: At your meeting on August 24, 1970. you received e letter from Donald M. Huffmau. President of Domntomn Roanoke, Incorporated. express- ing concern as to several elements he cited of inadequacies and deter- iorations in the dountomn business area; This mas referred to me and also to n Czty Council committee for street lighting which was one of the elements. AS a follemup to you,! would advise City Council that'I have written to Mr. Huffmau suggesting that several of us meet with him and any of the members:of the Board of Directors to make a' tour of as to their request for new street lighting, a joint meeting bringing S/ Julian F. BUrst APPALACHIAN POMER COMPANY-SCHOOLS: The City Manager submitMd the follouie report recommending that the city enter into a license and permit agreement with Appalachian Power Company granting authority to the Appalachian Power Company to mahtain underground electrical facilities at the new James Madison Junior High Schoc 'Roa~okeo Virginia September 28, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: A proposed license andpermit igreement has been Submitted by the Appalachian Power Company for the purpose of t~Clty's granting the right tO the Company to maintain nndergroandelectrical facili- ties at the new James Madison Junior High School. This is similar to the arrangement approved a rem months ago for Ruffner Junk)r High School, There is no expense to the City. As stated ehen the Ruffner matter uss presented, this is perhaps the last such situation that the power company would be able to enter into of this type by virtue of new State Corporation Commission regulations. This license and pernJt Is the effect of an easement. The City Attorney has prepared an ordinance authorizing the · execution'of such an agreement and I submit this to the City Council with the recommendation of your adoption. This has the approval of the Roanoke City. School Board. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" Mr. Wheeler moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~lg337) AN ORDINANCE authorizing the City*s execution of a written licens and permit to Appalachian Power Company to construct, erect, operate and maintain certain underground electrical transmissJm lines and equipment to serve the CJty*s James Madison Junior Hig~ School property on the northerly side o! HcHeJl Ro~d, S. M., in the City of Roanoke. MHEREAS, the Roanoke City School Board and the Oty Manager have recommend- ed to the Council that license and permit be given Appalachian Pouer Company, as hereinafter provided, in order to provide underground electrical transmission ~acilities for the City's hem James Madison Junior High School buildings and property, THEREFORE, DE IT ORDAINED by the Council ot the City of Roanoke that the Mayor and the City Clerk be, and are hereby authorized and empowered to execute, for and on behalf of the City, and to seal and attest, respectively, a written license and permit to Appalachian Power Company upon such form as Js approved by the Attorn( granting to Appalachian Power Company license and permit to construct, erect. 0~ecate and mainta~ an underground electric line or lines, for the purpose of transmitting electric power underground from Appalachian Power Company*s switch cabinet on HcNetl load, S.M., onto the schoal property of the City, situate on the northerly side 2f said road, known as the James Madison Junior High School site, in the (~ty of ~m noke, the location of said underground electric power lines to he as are shomn :olored in red on print of Appalachian Power Compauy*s drawing No. DE-329, dated %ugust IH, 1970, entitled "Proposed Underground Service to James Madison Jr. High ~chool," a copy of which said plan is on file in the Office of the City Clerk, such Jlicease to provide, later olio, that said public service corporation shell remove all such wires and Cables on written order of the City expressed by ordinance or resolution of the Council of the City of Roanoke, whereupon all right, title and interest of said electric power company in the right-of-may end license provided therefor shall revert to the City; and said instrument to contain agreement on the port of said corporation to indemnify end save harmless the City and the School Hoard of the City of R~noke against any ned all loss or damage arising in any from the negligent construction, operation or management of such electrical' Jfacflities by said corporation. , The motion was seconded by Hr. Trout and adopted by the follomicg vote: AYES: Ressrs. Garland. Lisk, Taylor, Thoma~TrOut, F~eeJ~randW~yoF Hebber---?o NAYS: None ............................................................ O. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: The City Manager submitted the following report recommending that he be autaorized to enter into an agreement ~h Bowers and Hiller Development Corporation to obtain landfill cover material from their property immediately east of Vlnton on Route 24: 'Roanoke, Virginia September 28, 1970 Honorable Royor and City Council I~noke, ¥irginia Gentlemen: In the development of adequate areas fro m which cover material can be obtained for landfill work, we have located and been offered un excellent site mhich is property immediately east of Vintoo on Route 24 mhich property is in the process of being leveled for future development. This laud is owned by Bowers and Hiller Development, Incorporated, with Mr. Bowers having been one of the owners of pro- perty from which we obtained material at Dale Avenue and Vernon Street, S. i., up until recently. In summary of the cover material situation, the site at Dale and Vernon would have material available for approximately two weeks; City Council recently authorized agreement with the Norfolk and Western Railway Company fur the borrow of material on the present landfill site south of Dale Avenue which material would give cover for approximately a month and tJ~re is authorization to remove dirt from a hill on the north side of Dale Avenue and mhile this has some use, there are limits on its usability. The additional site will be a 15 tn 20 minute round trip from the Tinker Creek fill areas. An agreement has been prepared with Bowers and Hiller Development Corporation. owner, containing provisions felt applicable. The City is under no obligation to remove any material it cannot use, can cease operations whenever they so desire and the owner will furnish the City with a save-harmless insurance policy. It is recommended the Catv Council by appropriate action approve the City Manager*s authorization of the agreement. Respectfully submitted, S/ Julian F. Hirst Julian F. Hlrst City Manager~ Mr, Rheeler moved that Council concur in the recommendation of the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Trout and unanimously adopted. POLICE DEPARTMENT: The City Manager submitted the' rollo~in'g report requesting that h~ be authorized to make application to the State Oivlefoa of Justice and Law Enforcement for c grant of $50,000.00 for the development or on Electronic Information Retrieval System which mould allow the Police Department in cooperation with the computer center of the city to develop systems and programs necessary to utilize the city computer in con]unction with record keeping, report preparation ns mail as assist in the apprehension of criwinals or recovery of stolen proper~: 'Roanoke, Virginia September 20, 1970 Honorable Mayor and City Council Rnnohe, Virginia Gentlemen: Submitted herewith rot Your consideration is a proposed application to the State Hivision~of Justice and~Lam Enforcement requesting a grant of $50,000 for the deve~pnent of on Electronic information Retrieval System. This 9mat request would be to allow the Police Hepartment. in cooperation with the C~y's computer center, to develop systems and pro- grams necessary to utilize the City computer in conjunction with record heeplngo report preparation as nell as assist in the apprehension of criminals or recovery of stolen property. As developed the envisioned systems and programs would mot only directly assist our police agency but would also prepare the City to be In a position on first a State and then a National level to interchange information on criminals and wanted individuals both for purposes of apprehension and prosecution. Funds from this grant would be utilized in conJunct~m with Cit~ personnel and computer time to be devoted in this program as an in-kind matching share to develop the necessary systems and programs. The International Associatim of Chiefs of Police would be retained if this grant is approved as the primary contractor to perform this work, in cooperation with our police depurtmea~ a~d computer center, with some subcontracting as necessary in the development of programs. As the opportunity affords itself at this time to take advantage of utilizing federal funds to assist us in the development of t~is much in advance of when we had anticipated undertaking this ue mould recommend your concurrence in the submission of this application. Respectfully submitted, S/ Julian F. HJrst Julian F. Hirst City Manager* Mr. Mbeeler moved that Council concur h the report of the City Manager and offered the following Resoluth: (m19339) A RESOLUTION authorizing and directing that application be made )y the City for a certain grant of Federal funds under the Omnibus Crime Control lnd Safe Streets Act of 1968. '- (For full text of Resolution, see Resolution Book No. 54, page 462.) Mr. Mheeler moved the adoption of the Resolution. The motion was seconded 2y Mr. Trout and adopted iby the following vote: AYES: Messrs. Garland, Link, Taylor, Thomas, Trout, Wheeler and dayor Mebber ....................... 7. NAYS: None ............. O. ;8'7 HOUSING-SLUM CLEAEANCE-BEpARTRENT OF BUILDIngS: The City Manager subuitted .wrJtte~ report transmitting n report,from Mr. L. G. Leftuich. Commissioner ot Build ngs, on buildings uhich have been condemned by the Department et Buildings, advising that there are 159 remaining houses to be razed. After a discussion of the report, Dr. Teylor moved that the matter be referred to the City Attorney to prepare the proper measure appropriating $10,000.00 be used touard the removal of these condemned houses. The motion wan aeconded by Mr. Trout. After n further discussJm of the matter, Mr. Garland offered n substitute motion that the matter be referred to the City Attorney for preparation of the proper measure providing for the demolition of the 159 houses. The motion mas seconded by Dr. Taylor and lost by the following v~ee~ AYES: Messrs. Garland. Li~k and Taylor ...............3. NAYS: Messrs. Thomas, Trout, Mheeler and Mayor The original motion was then adopted by the following rote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout. Mheeler and Mawr ~ebber-~ ........................................................ NAYS: None .......................~ ................ .---0. Mr. Lisk then moved that the City Manager be requested to furnish Canncil mith a quarterly report in connection with the demolition of these houses. The motio seanded bI ar. Thomas and unanimously adopted. pOLICE DEPARTMENT-FIRE DEPARTRENT: The City Manager submitted the followin report on the status of personnel in the Police Department and the Fire Department for the month of August, 1970: "Roanoke, Virginia September 28, 1970 Honorable Mayor and City Council Roanoke, ¥~ginia Gentlemen: Listed below is the status of the Police and the Fire Department as of August 31, 190: 'Fire Department Retired Chief S. W. Yaughan August 1, 190. Fire Dispatcher II, M. C. Peters August 1, 1970. Re~jq~ed Firefighter C. E. Shell, employed May 16, 1969. Resigned August 16, There are four vacancies in the Fire Department at the present time. Police Department Hired Reslqned William Edward Penn (Police Officer) Aug. 3, 1970 Carolyn O. Smith (Clerk-Stenoo) Aug, 14, 1969 Aug. 7, 1970 Jerry R~ Chocklett (Police Officer) Sept. 3, 1968 Transferred Aug. 1970 Alfred Stanford Smith (Police Officer) Aug. 17. 1970 Ending August 31, 19TO (4) vacancies.' Respectfully submitted, S/ Julia n F. Hirst Julian F. Hirst City Manager" o_ Mr. #hecler moved that the report be received and filed, The motion was seconded by Dr. Taylor and unanimously adopted. INDDSTRIES-STAT£ HIGHYAYS: The C~y Attorney submitted the following repoz recommending that the City Of Rosnoke acquire tn* fee simple title to land wanted needed by thn city as e right of ney for un industrial access road or street from 9th Street, $.E., in the Roenokn Industrial Center Complex from Industrial Develop- ment ~ Investment Company, e partnership, Nolnn Jackson Realty Corporntiono Leonard G. Hume and Hereon Hen*imam, Trustees. to metre the Davis H. Elliot Company. Incorporated: 'September 26, 1970 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Gentlemen: The agreements and understanding heretofore entered into betmeen the City and the Commonwealth of Virginia, Department of Highways, relative to the latter*s coostrnction of a new street or road east of 9th Street, S.E., and extending to the new industrial facility of the Davis H. Elliot Company, Inc., es an industrial access road, provide for the City acquiring in its name the fee simple title to the land needed as a right-of-way for said new street, the right-of-way having been agreed to be no lbss than sixty feet in ddth. Property owners involved, namely, Industrial Development ~ Investment Co** a partnership, ~olan Jackson Realty Corporation and Leonard Muse and Morton Honeyman, Trustees, have severally offered in writing, by letters addressed to the undersigned, to grant and convey to the City f6r a~nominal consideration all of the land which is shown on the plunsof the above-numbered highway project to be needed as the riRht- of-way for said new street. Being now in the process of preparing proper deeds of conveyance to be used in the premises, which involve, also, the release of certain existing liens on certain of tn* land areas needed to be acquired, I have now prepared and transmit herewith to the Council, as a single measure, an ordinance which would expressly authorize the City*s acquisition, by appropriate deeds of conveyance, of the fee simple title to all such new street right-of-way. The extent of the conveyance to be made by each above-named land owner is more specifically set out in the prepared ordinance. As has heretofore been provided and agreed upon in other similar conveyances of street rights-of-way acquired by the City from Industrial Development ~ Investment Co., providing for the street connection between Riverland Road and the new 9th Street, industrial access bridge, it would be understood and agreed that said Company would reserve in its proposed conveyance to the City a perpetual easement for its existing railroad siding track which occupies and crosses an easterly portion of the r~ht-of-way for the new industrial access road from 9th Street, S.E.; and such reservation of easement would be contained in the proposed deed from Industrial Development ~ Investment Co. to the City. The width of the right-of-way for the railroad siding track would be eighteen feet, as in previous instances, with the obligation of proper maintenance and of indemnification for accident or injury placed on the owner of the easement. It is recommended th~ the above-mentioned ordinance which is trans- mitted to the CouncJl, wit~ this communication be considered and passed as an emergency measure by the City Council. Respectfully, S! J. N. Kincanon J. N. Kincanon' Mr. Trout moved that Council concur in the recommendntio~ of the Cit~ Attorney and offered the following emergency Ordinance: (n19339) AN ORHINA~cH providing for the Clty*s acquisition of the fee simple title to certain land wanted and needed by the City as a right-of-may for on industrial access road or street from 9th Street. S.E,. h the Roanoke Industrial Center Couplex, Highmny Project No. 9999-128-104, C-501, upon certain terms and ~rovisions; and providing for an emergenc7. (For full text of Ordinance. see Ordinance Hook No. 34. page 463.) Mr. Trout moved the adoption of the Ordinance. The notion was seconded by Hr, Wheeler and adopted by the following vote: AYES: Messrs. Garland. Link, Taylor, Thomas. Trout. #heeler and Mayor Mebber ............. ~ ............ T. NAYS: None ..........O. AUDITS: The City Auditor submitted a financial report of the City of Roanoke for the month of August, 1970. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted a written report in connection with an examination of the records of the London Elementary School for the school year ended June 30, 1970, ndrislng that the records were in order and the Statem~t of Receipts and DL~ursements reflects recorded transactions lot'.the period and the financial condition of the fund at the end of the audit period. Dr. T~ylor moved that the report be received and filed. The motion nas seconded by Mr. Nheeler and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation the question of issuing certificates of occupancy for non- conforming uses, the C~ty Plannin9 Commission submitted the ~ollonlflg report recommend Jag that the Zoning Ordinance generally be adhered to in this matter, that Section 4g of the Zoning Ordinance he amended to remove the time limit for applying for a certificate of occupancy in the specific instance of duplex residences located in the RS Districts and that each individual non-conforming use which is brought before Council, at the discretion of Council, be administratively reviemed to determine if such use can be accommodated within the zoning district in which it is located as a special exception with conditions attached to such use without adversely affecting adjoining property. "September 24. 1970 The Honorable Roy L. Yebber, Mayor and Members of City Council Roanoke, Virginia Re: Recommendation of the City Planning Commission that City Council undertake the fulloning specific actions to clarify the question of Certificates of Occupancy for Nonconforming ~ses: (1) that the Zoning Ordinance generally be adhered to in this. matter;i(2) thit S'~e. 49 Of the zonisg ~rdinunce be oibnded to reuO've the time limit rot applying for a Certfflcateu of Occupancy in thc apcclffc in'°nce or, duplex residences located in RS Districts; and (3);abut each individual nonconforming uses which isbrought to City Council, ut the discretion or CitY, Council, be aduiulstrntfvely reviewed to determine if such use cum be accommodated within the zoning district in which St is located us a special exception with ~oudltions attached to such use mithout adversely affecting adjoining property. Gentlemen: The above cited request was Consld~ed by the City Planning Canals. sion at its regular meetings of August lgth and September 16, 1970. The Planning Director initially traced the history at this petition. He noted the following facts pertaining to it: (a) this matter mas initially initiated by the re~uest of Richard Cranmell, attorney for Vinton Fuel Company, Inc,, request~g an extension of time for obtaining a Certificate of Occupancy for a Nonconforming Use unbr Section 49 of the Zoning Ordinance. (b) City Council then forwarded this request to the City Attorney for study and recommeidation. On July 13, 1970 the City Attorney reported on this matter ondrecommended four alter- native courses of action and a study of the entire question of Certificates of Occupancy for Nonconforming Uses (see en- closed letter) in view Of the recurring nature of this problem. (C) on July 22, 1970 this entire matter was referred by the City Council to the City Planning Commission for study and re= commendation. The City Planning Commission at its regular meeting on August 20, 1970 ~sidered this matter. It, however. considered only ~ Vinton 0il Company petition tabling the general study of Certificates of Occupancy for Nonconforming Uses, since the full Planning Commission was not present at this meeting. The City Council concurred with f~ recommendations of the Planning Commission on the Vinton Oil petition: that provisions of the Zoning Ordinance be enforced and that the Commissioner of Halldings be directed to inform the owners of this property that such nonconformities as exist on this property be terminated by April 30, 1971 to allow for relocation The Planning Director then presented a repTt deolin9 with the general matter of Certificates of Occupancy for Nonconforming Uses (see attachment) recommending the specific actions noted above in the subject caption. After doe consideration of t~is matter a motion was made, duly seconded and unanimously approved to: (a) adopt this report as a recommended policy for City Council. (b) recommend to City Council that Sec. 49 of the Zoning Ordinance pertaining to Certificates of Occupancy for Nonconforming Uses he amended as noted i& this report. Sincerely, S/ John R. Parrott /by L. M. John H. Parrott Chairman? Mr, Thomas moved that Council concur in the recommendations of the City Planning Commission and that the matter he refetxed to the City Attorney for prepara- tion of the proper measure carrying out the recommendations of the City Planning Commission. The motion was seconded by Mr. Trout and unanimously adopted. REPORTS OF COMMITTEES: SIDERALRS, CBRB AND GUTTER: Council having r~ferred to a committee for abuletion'o report and recommendation bids received for the construction of concrete· curb, gutter and sideualh ut various locations in the Q~y Of Roanoke. the committee submitted the following report recommending thbtthe proposal of H. ~ S. Constructi~ Company, in the'amount of $24,968.75, be'accepted:. 'September 16, lg?O To the C~y Council Roanoke. ¥irginfu . Gentlemen: Bids were received ~nd opened before City Council at its regular meeting on Tuesday, September G, rot the construction of concrete curb, gutter and sidewalk at various locations in the City of aoaaohe. As shown on the attached tabulation of bids only one (1) bid was received in tMamount of $28,155 from a ~ S Construction Company of Roanoke. The bid bas been checked and we find that it meets all requireuents of the project specifications. ~e believe iht only one (1) bid was received due to the relatively small quaniity of mbrk involved which limits the interest of potential bidders. The firm which did bid has ~equently per[ormed such construction [or the City of ~oanoke in asatisfactory manner. Their prices ~re only slightly higher than last yea~s contract which could be anticipated in light of rising labor and material costs. The current budget included the sum of $25,000 under Account 67-255 for the proposed work. We have obtained from the bidder his approval to reduce the quantities of work to be performed SO as to remain within the available funds.· The sum of $11.25 has already been encum- bered for related advertising cost. It is hereby recommended that the contract be awarded' to H ~ S Construction C~mpany in the amount of $24,988.7S. S/ Brron E. Honer Byron E. Hamer, Chairman S/ Rtlliam F. William F. Clark S/ Samuel H. McGhee. III Samuel H. RcGhee, Dr. Taylor moved that Council concur in the recommendation of the committe, and offered the folh~ing emergency Ordinance: (~19340) AN ORDINANCE accepting the proposal of H. ~ S. Construction Company for the c~nstruction of concrete curb, gutter and sidewalk at various locatiol in the City of Roanoke;'autha/zing the proper City officials to execute the requisite contract; and prorid~g for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 465.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler, and ~ayor Webber ............................ 7. NAYS: None ................ O. ~FINISHEO BUSINESS: HONE. · CONSIDERATION OF CLAINS: NONE, INTgODUCTION AND CONSIDERATION OF OgDINANCES AND RESOLUTIONS: GARBAGE RENOYAL-TgAFPIC: Coascil having directed the City Attorney to prepare the proper neasarc anthorizing end providing for ~he lessiag by the City of Roacohe to Hr. Calvin Anderson, on a month to mocth~ basis, the parhicg lot adjacent to the incinerator building, he presented same; whereupon, Mr. ~heeler moved that the following Ordinance be placed upon its first reading: (c19341) A~ O~DINANCE authorizing and providing far the ¢~y*s leasing to Calvin Anderson of an unused southuesterly portion of Official No. 3013406. upon certain terns and conditions. ~HEREAS. the City Man, er has advised the Council of an offer to lease from the City a certain southwesterly portion of the lot on which the forcer #anicipal Incinerator was located and operated, recomnen~ng that such lease be authorized; in which recommendation the Council concurs. THEREFORE, BE IT OHDAI~ED by the Council of the City of Roanohe that the City Manager be and he is hereby authorized upon the effective date of this ordinance to enter into written lease agreement oh behalf of the City with Calvin Anderson, lea~ng to the said Calvin Anderson for use for the purpose of automobile parking,cmly, the southwesterly portiou of Official No. 3013405, as such lot abuts the north side of Shenandoah Avenue, N. E** and as such portion abuts approximately 127.2 feet thereon and extends northerly to ac alleyway and to the side of the incinerator storage pit, to gether with the right to use as an accessway to the leased premises the existing driveway from Shenandoah Avenue into said lot, such lea! to be upon form drawn and approved by the City Attorney, but to ~ontain amongst its provisions the following, viz.: (a) That the term Of lease shall be from month to month, terminable by either party at the end of any. such month bu 30-day written notice given to the othe: prior to the date of such ternination; (b) That there shall be paid to the City as rental for said premises the sun of $§0,00 per month, payable in advance; (c) That such lease shall not be held to exempt the lessee from the payment of any general State or local license or privilege tax properly assessable upon the tenant of the leased premises by reason of any business or occupation conducted upon the leased premises; (d) That the lease shall not be assign~le by the lessee nor shall the premises be sublet, in whole or in part, other than to indaviduals for the purpose of parking privately-owned passenger vehicles, without the prior written consent of the Cityl -~93 (e) That the leJsee shall agree ia defend.hdemnlry and sa~e the City barnleaa from the claims of all parties for 'damage or loss by reason of personal . injury or property damage or loss in any manner arising as a result of or by reason of the Cl~y*s lease of said premises to the lessee; and ~f) Such other provisions protecting or insuring the City*s interest in the aforesaid premises as may be incorporated into said lease by the City manager ior the City Attorney. The notion was seconded by #r. Trout nad adapted by the folioming vote: AYES: Messrs. Garland. CAsk. Taylor. Thomas, Trout, Nbeeler and Mayor Nebber ........................... ?. NAYS: None ............ O. pLANNING-POLICE DEPARTMENT: Council having directed the City Attorney to prepare the proper measure signifying the tntent of the City of Roanoke to provide its proportionate share of the cost of providing a District Feasibility Study Pertaining to Regional Facilities for Justice and C~lme Qntrol Activities, he ~resented same, In a discussion of the matter, Mr. Ltsk moved that Council not participate tn the study as proposed by the Fi~th P'lannJng District Commission and that Mayor Nebber be requested to appoint a committee to meet mlth other governing bodies on future jail facilities. The notion mas seconded by Mr. Garland and lost by the following vote: AYES: Nessrs. Garland and Lisk ...................................... 2. NAYS: Nessrs. Thomas, Trout, Nheeler and Mayor Mebber ................4. (Dr. Taylor not voting) Mr. Thomas then offered the following Resolutim signifying the intent of the City of Roanoke to provide in its 1970-71 budget its proportionate share of the cost of a District Feasibility Study Pertaining to Regional Facilities for Justice and Crime Control Activities by'the ~itth Planning Bist{ictCumnission: (u19542) A RESOLUTION signifying the CitI's intent to provide in the CltI* lg?o-?l Budget, its proportionate share of the cost of a District Feasib{lity Study Pertaining to Regional Facilities for Justice and Crime Contr;1Activities by the Fifth Planning District Commission. (For full text 'of Resdution, see Resolution Book No. 34', page 466.) Nr. Thom s moved the adoption of the Resolution. The motion mas seconded by Rt. Trout and adopted by the folloming vote: AYES: Messrs. Taylor, Thomas. Trout, #heeler and Mayor Mebber ....... 5, NAYS: Messrs. Garland and Lisk ...................................... MOTIONS AND MISCELLANEOUS BUSINESS: PLAItNING: The City Manager pointed out that Mr. Nilliam G. Kuthy, Assistant Planning Director, will leave the employment of the City of Roanoke on · - .~9§ September 3p, 1970, to nccep~ n position in Iran with the Peace Corps and expressed ~ppreciatkn to #r.,Mutb! for p Job well done. Mayor Yebber expressed appreciation and best wishes to Hr. Kuthy on behalf or himself and the members of Council. R~I~IPAL COURT: hayor Uebbe~ pointe~ out that the two year terms of Messrs. Janes H. Fulgbam, Jr., sad Richard ~. PattJsall as Substitute Ra~Jclpal Cour~ Judges'will ex~ire o~ September 30, 19~0. and called for nom~nations to fill ~he vacancies. Mr. Thomas moved that the item be deleted from the agenda'. The motion was s~conded'by Mr. L~sk ~nd .... fmbusl~ adopt~d. ' ' ~ R~CI~AL B~ILblHG: Mayor Ue~ber advised that h~ is* in receipt of a communication from Judge Ernest M. Ballon inviting the Rayor and' members of th~ Council of the (~y of Roanohe to meet with city o~ficials, representatives from all the Courts of Record in the City of Roa~ohe, representatives of the R~anohe B~r Association. representatives from ~he City Sergeant's Office and the Clerk of Courts Office and representatives of the Department of ~elfare and Institutions on October 6, 19~0, at 7:30 p.m., in the Hustings Courtroom, to discuss a report made by Hayes, Seay, Ratter ~ Rattern,'Architects and Engineers, concerning the Runicipal Building, the Jail, the Clerk of Courts Office and related facilities. There being no further business, Mayor ~ebber declared the neetin9 adjourned. ~PPRbVED ATTEST: City Clerk Mayor COUNCIL! REGULAR MEETING. Monday, October S, 1970, The Council of the City of Roanoke met in regular meeting in the Council Chamber in the new #unlcipal Building. Monday, October 5, 1970t at 2 p,m,, the regul meeting houro mith Hayer Webber presiding. PRESENT: Councilmen Robert A, Garland, Davl~ K. Llsk, Noel C, Taylor. Hampton W, Thomas, James O. Trout, Vincent S. Mheeler and Hayer Roy L, Webber .....7. AHSENT: None ......................................................... O. OFFICERS PRESENT: Mr. Julian F. Hirst. City Manager, Mr. Byron E, Bauer. Assistant City Manager, Mr. James N. Klacanon, City Attorneyt and Mr, J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened with a prayer by the Reverend Robert Bradley, Pastore Wes,hampton Christian Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-SCBDOLS: Council having referred back to the Roanoke City School Board to determine whether or not any transfers can be made betmeen accounts In its 1970-71 budget to cover renovations to the Booker To Washington Junior High School in order to convert this buildlpg into the Central School Administrative Offices and other facilities of the Roanoke City School Board, and also for the purpose of furnishing Council with an itemized list of renovations to be made to the Booker T, Washington Junior High School, Mr. Samuel P. McNeil, Chairman of the Roanoke City School Board, appeared before the body and presented the following list of transfers which can be effectively made between accounts in the budget of the Roa~ke city School Board: "Roanoke City School Board Funds Available for Transfer .Account Amount 2100 Principal -Loudon Elementary School $13,?15.00 21OO Principal - Booker T. Washington Junior High School 947.92 2100 Assistant Principal - B. T. Washington Junior High School 12,501.94 6100 Custodian -Loudon Elementary School 5,712.00 6100 Janitor -Luudon Elementary School 4,460.09- 6300 Telephones ~Loudon Elementary School 209°05. 6400 Fuel and Power -Loudon Elementary School 2,915.66 6500 Gas -Loudoa Elementary School 120.B7 6600 Water -Loudon Elementary School 339,03 7400 Repair and Upkeep of Buildings - Park View 175.00 7400 Repair and Upkeep of Buildings - Tinker 150.00 7400 Repair and Upkeep of Buildings -Loudon Elementary School 350,00 7400 Repair and Upkeep of Buildings - Booker T. Washington 1,435,46 7400 Repair and Upkeep o~ Buildings --Contin- gent Repairs 5,000.O0 12-400 Improvements to Buildings - Park View 2,904.00 12-400 Improvements to Buildings - Booker T, Washington 1,1SO. O0 12-400 fmprorement$ to Buildings - Contingent Improvements ~,.OOO,O0 Total $60, IO5.93 Au estimated additional expenditure of $20,000 for Pupil Transportation has been occasioned by recent court orders,* Mr, McNeil then presented an itemized list of renovations to be wade to the Booker T, Mashington JnolorElgb School: #SOA~OKE CITY PUBLIC SCHOOLS Roanoke, Virginia Office of Superintendent September ISt 1970 TO: Or, H~Y A, AlcOrn, Superintendent FROM: Richard P, Vier Director of School Plants SUBJECT: Renovating.Booker T, ~ashington Junior High School Havin~ uorhed closely with Payne Architects an estlu~ed cost for various changes to the building has been made to convert the building to house the School Administration, 1. Hydraulic elevator $27,000,00 2, Electrical service - new panels for each floor to take care of the additional load Yor netessary electrical equipment 150000.00 3, Providing necessary conduit for t~lephone service t~rooghout the building 4. Removing existing non load bearing walls (40~ sq, ft,) (1§ walls) 7,000.00 5. Building new partitions of dry wall construction (20 partitions) esti- mated cost $500 per partition) 10,000,00 · 6. Cutting new doors through 16u walls (8 doors 9 200) 1,600,00 7. Cutting new doors through existing partitions (14 doors e 160) 2,240.00 H* Room air conditioners ~ 60 ~ 250 15,000.00 (Ke have some air conditioners in use many are very old and shald not be considered for use in this building) 9. Paint - floor tile - miscellaneous expense 6tO00.O0 Estimated total $97,840.00 It Is suggested that a local contractor be obtained to do the following: Elevator installation Electrical service panels Removing existing walls, cuttiog doors through existing walls Telephone service Buildin~ new partitions Our own maintenance men will b~ able to do the following: Install air caditioners Relocate light fixtures Paint Install floor tile and ceiling tile Rework many existing areas not included by contract* Mr. Thomas moved that Council concur in the request of the Roanoke City School Board and that the matter be referred to the City Attorney for prep~ation of the proper measure grontingthe request. The motion was seconded by Mr. Llsh and unanimously adopted. PETITIONS AND COMMUNICATIONS: BUDGET-PLANNING: Council having referred to the City AuditOr for his information a communication from Mr. Robert M. Shannon, Execullve' Director, Fifth Planning District Commission, requesting an a:pprop~lation of $14,957.95 for the fiscal year beginning J~ly 1, 1970, and ending June 30, 1971, which Is based on population estimates of the Bureau of Population and Economic Research on the basis '97' of $0,15 per enpli~t'u'~ommaulehtloa from Mr.~Shanno~ hdvlslng that O~flclal 1970 C, So Eareau of the Census figures m~r~ ao~ available ut the beginning of the fiscal year; consequently, district notices were based on the 1969 Bureau of Population and Economic R~seurch, Culversity of Virginia figures, was before Council. #r, Thomas moved that the communication be received and filed. The motion was seconded by Or. Taylor and unanimously adopted. SELECTIVE SERVICE: A communication from Captain Charles Lo Eesslert Navye State Director, State Headquarters for Selective Servicer advising that the members of Local Board No. lO~ have requested that their Board be Increased from three members to five members, was before Council. ' RFc Lisk' moved that the matter be taken u~der consideration until the next regular meeting of the body on October 12, lgY0. The motion mas seconded by Carland and un~tmo~sly' adopted. LIBRARIF~:' A communication from Dr, Noel C, Taylor, tendering his resigna- tion as a member of the Roanoke Public Library Board due to his ha¥in9 been elected as a menber of the Council of the City o~ Roannke~ was he£ore Council. Mr. Lisk' movhd that the communication be received and filed. The motion ~as seconded by Yr~ Thbmas and unanimously adopted. pL&NNING~POLICE DEPAE~NENT-JAIL: A communication from Hr. ~ermit E. Allmat City Sergeantt transmitting a request of the Roanoke County Jail Committee that the governing bodies of the City ~Solemt the City of Roanoket Cral~ County and the Town of Via,on appbint'a committee from each governing body to study the proposal of a regional jail in' the' Roanoke Valley, was bernie Council. In this connection, the City Hanager submitted a written report expressing the opinbn that there may be nome area of conflict er duplication of effort with the District Feasibility Study Pertaining to Regional Facilities for Justice and Crl Control Activities by the Fifth Planning District Commission. After a.dtscussJon of the matter, Nr. Thomas moved that the question of appointing a committee to study the proposal of a regional Jail in the Roanoke Vall~ be taken under consideration, The motion mas seconded by Nr. Carland and unanimous] adopted. BUDGE~STAT£ CORPENSATION BOARD-CI~¥ SERGEANT: Copy of a communication from the State Compensation Board addressed to Hr. ~ermit E. Allmant City Sergeantt stating that it ts the pollc~ of the Com~e~satiou Board not to participate in puymen of overtime because of the difficulties of administering and policing such payments was before Council. Nr, Thomas moved that the communication be received and filed. The motio~ was seconded by Mr° Trout and unanimously adopted. POLICE D£PARTHENT-CI~¥ JAIL: Copy of a communication from the State Depart- men, of ~elfare and Institutions addressed to Hr. ~ermit E. Allmano City Sergeantt advising ~f an inspection of the city Jail and lockup on September 10~ 1970, was before Council. ~ Dr. Taylor moved that the communication bo received nnd flledf The motion uns seconded by #r. Link and unanimously adopted. REPORTS OF OFFICL~RS: · . BUDGET-SIDEMALE, CURB AND GUTTER-ROANOKE POST OFFICEr Council having entered into contract with B. ~ S. Construction Company for the construction of concrete curb and gutter and ~ ,concrete sidewalk ut various 'locations in the City orR*an*k*e for the total sum of $240989,75* the City Manager submitted the foil*slog report advising that for some time the General Services Administration of the federal government has been interested in replacing the sidewalks along three sides O~ the Roanoke Post Office and federal courthouse building and recommending that he be authorized to approve a change order to the contract with H..~ S. Constrnc tmon Company to provide for this work at an additional cost of $13.137 °56, said amount to bo borne solely by,the General Services Admin~tration: "Roanoke, Virginia October 5, 1970 Honorable Mayor and City Council Roanoke, Virgin la : Gentlemen: For some time now the General Services Administration (GSA) of the Federal Government has been interested in replacement of the sldemalks along three sides of the Roanoke Post Office and Federal Courthouse, Only three sides need replacement as the fourth side was recently replaced by the Chesapeake and Potomac Telephone Company when they lnstalled~nem underground telephone conduits in that area, Representatives of GSA, ha*wing that the City performs such work by contract, has approached the City with regards to perfolming this work under our contract* In our discussions we indicated that the CityOs funds for sidemalk, curb and gutter are fairly-well committed and that replacement of this sidewalk would of necessity have to be at total goverument expense. Our estimate for accomplishment of this work under our contract prices recently approved by City Council would be ~130137.55o Upon relaying this information to GSA by letter dated September 29, lq]O, me mere requested to effect this replacement and submit our bill to the local GSA Buildings Manager, Hr. Joseph E. Guinn. Upon receipt,of this letter the City Engine*Fas office contacted the Clty*$ sldemnlk, curb and gutter contractor with regards to accomplishing this work as a change order to our pre. eat contract at those unit bid prices. The City has beeu informed that the contractor will accomplish thl~ work for the bid prices contained in this existing contract. It would be recommended that City Councilby budget ordim nc* app~ print* an additional $13,137,56 to Street Construction Department G?, Object Code 255, Maintenance of Buildings and Property, and authorize the City Manager to approve a change order for accomplishment of this work and to include a 30-day extension of time. Respectfully submittedt S/ Julian Fo Hlrst . Julian F, Hirst City Manager~ Mr. ~homan moved'that Council concur in the recoemesdatlo~ of.the City Msnager and tbs, the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Hr. Taylor:and unanimously adopted. SEMERS AND STORM BRAINS-DEPARTMENT OF PUBLIC IflLFA~: The City Manager submitted the following report transmitting communications received by the City of Roanoke from the Virginia State Water Control Board, directing the City Nursing Home to coe~ly with a detailed schedule for the completion of monte treatment systems compliance uith new quality stream standards and directing the City of Roanoke to comply mfth a schedule for the provision aY additional facilities at the Semage Treatment Plant for the removal of phosphorus from the effluent of the plant, respectively,.reconunm]ln9 that the State Water Control Board be advised that the City of Roanoke has the matter under study: "Roanoke, Virginia October $, 1970 Honorable M~y~r and City Council Roanohe, Virginia Gentlemen: There are herewith attached copies of two letters. recelved by the City from the Virginia State Water Control Board. Doe letter is dated September 2, 1970, mhich directs the. City Harming Home to coeply math a detailed schedule for the completion of waste treatment systems to comply with nam quality stream,standards. The second-letter directs the City to a schedule for the provision of additional facilities at the sewage treatment plant for the removal of phosphorus from the effluent of the plant. As to the first matter concerning the ~urslog Home, this is the firs~ advice or suggestion that we thattthe State Water Control Board has any concern with respect to the Sewage Treatment System for the City Nursing Howe, We have been and are in the process of investigating this matter as to the hat,ge of their concern and requirements. On the matter of the main t~eatme~t facilities, this relates to the very ~nvolved matter of th~ adoption by the State ~ater Control Board of quality standards for the waters in the Commonwealth of Virginia, To a large degree, these.standards adop~ed by the State Hoard are the result of new Federal stream standard requirments, The ~tandards, both Federal and State, have been a subject of considerable controversy and the Jmplement~tionof them on even a reasonable basis has presented a great many problems throughoat the country. I will not here go Into a great dealer detail on this particular matter bu~ Jus,t offer some brief comments, Some several mo~ths*ogo, the Sta~ held a public hearing for this area of Virginia at the Hatlonal Chard Armory at which time a number .of governments and industries raised questions as to the practicality of the standards and technicalities of their Implementation. Thus far I do n~t belierethat these questions have been resolved; however, the State proceeded ultb the adoption of the standards. We received aa September S, 1970, the first copy of the new adapted standard. The Statets letter directing our compliance followed, it will be noted, six days later on September 11o ! promptly sent the material to our consulting engineers, Alvord, Burdlck and Howson in Chicago, aching their review of this material in order to confer with us as to Just what might be involved and how best to approach the situation. Obviously they have not had time to aoalyze it because of the limited time that_they have had also. ,' *~ The Stete~in~their~lette~ dircctu~& cuupliaUce prni~am .~&ad~!aohudale duchy October~lS~"lq?O,~:This is,sot realistic because ! do not think that,a matter as involved as this ia aud with as fen guidelines~as are apparently available can be set up and prescribed within a 30-day period. The ~tate,indicates its determination that phosphorus is a prime eontrlbu~or to the overabundance of algae in Smith Mountain Reservoir, This Is logical as phosphorus Is one of several chemicals that contribute to the growth of these plants. The State then adrlses that on the basis of Its studies, Roanoke andVlnton are the prime contributors, Me do not hare nor have we had available any inforuatlon on the Statues ~udies to subs*anti.ate this findiugo~ I would be concerned as to the Intended action of the State mith regard to other ~lscharges ap and down the river if Rom eke and Vim*GU were able to completely reuo~ephosphorus from its effluent, Me have no ide~ at this p~nt as to how much money is involved or the nature .and extent of physical installations required. It should be added tha~ thi.s does not constitute a critical reflection on the plant as it is non operated but rather that this is a new and additional treatment that is being required. Unless Council would have a position to the contrary, I feel that the course Mould be to advise the Mater Control Board that we have this matter under study with our engineers and local persons. Until we can have benefit of additional . information as to their requirements and additional studies on our part, me do not feel we could satisfactorily produce a schedule as to what might be appropriate. Respectfully submitted, S/ Julian F. Hirst Julian F. Hlrst City Mauager~ Mr. Thomas moved that Council concur in the recoumenqutiou of the CI~ Manager and that he be ~lrected to inform the State Mater Control Board accordingly. The motion was seconded by Mr. Trout and un.measly adopted. AUDITORIUM-COLISEUM; The City Manager submitted the fol,.wing report suggesting that sealed proposals to establish a list of approved.caterers for supplying, preparing and catering meal~ at various functions tu the Romoke Civic Center for a tmq-year period from the date beginning with the opening of the Remake Civic Center ~e opened, but not read, before Council and that the Rayor be authorizet to appoint a commit*tee to take the bids after they are receive~ and retire to a committee room to rea~ and tabulate the bids, then return to Council with that tabulation to be read in public, after ~hich the same committee would,then be autho- rized to analyze said bids and report back to Council at a later date with a ~ecommendation as to the action to ~e taken .lth regard thereto: "Roanoke, Virglflia O~tober 5, 1970 Honorable Mayor nad City Council Roanoke, ¥irginia Gentlemen; It is. proposed to ~dvertise for sealed proposals to establish a list of approved caterers for supplying, pre- paring and catering meals ut various fa.eta.ns in the Roanoke Civic Center for a two-year period from the date beginning with.the opening date of the Civic Center. lt~is"antic,ated that-namer~nc-.letter bids u£11 be received, and it will take considernbte tla~ to read and analyze these bids. As this will he quite time consuming, It would be auggested that City Council authorize the Mayor to appoint'a committee to take the bids after tkey are received by City Council and retire to a committee room to rend and tabulate the bids, then return to City Council with that tabulation to be read in public. This would permit City Council to proceed with its regular meeting while the bids are being read and tabulated. It would be recommended thatthis same committee then be authorized to analyze the bids and report back to City Council at a inter meeting with a report and recommendation as to action to be taken with regard to these bids. Respectfully submitted, S/ Julian F. Hirst Juliln F. Hlrst City Ranageru After a discussion of the matter, Mr. Lisk meved that Council concur in that portion of the report of the City Manager dealing with the opening of the bids, but that the Mayor he requested to appoint a committee to tabulate the bids and to report back to CoUncil with their recommendation at a later date. The motion was seconded by Ry. Garland and unanimously adopted. HOUSING-SLUM CLEARA~C£= The City Manager submitted the follo~9 report recom~mdlng that several parcels o f land ,Hued by the City of Roanoke be conveyed to the City cf Roanoke Redevelopment and Housing Authority os a part of the Kimball Redevelopment Project, advising that the 'conveyances mould be by donation in order to extract the credit for the city in its obligation of particpation in the Kimball Redevelopment FroJect; "Roanoke, Virginia October 5, i970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The City Council in April, 19700 submitted a proposal for the acquisition by the Authority of certain properties owned by the City mithln the Kimball Redevelopment Project. There is attached a letter from the Authority dated April 23, 19700 as their formal expression of the offer to acquire these properties. Since that time we hw~ been involved math the Authority in a number of related discussions concerning these properties and other matters within the Kimball area, We bad initially some disagreement with them as to estimated fair market value for the properties but have reconciled that situa- tion. I au attaching a listing of the parcels with a compara- tive listing between the Authcrlty*s offering and the City*s property values based on its tax records. It is not believed that the difference is of significance. These conveyances would be by donation in order to extract the City*s credtt in its obligation of participation in the Redevelopment~Project. There has been a matter of property on the south side of Orange Avenue with regard to the State Highway Department and its proposed 'widening of D. S. Route 460. It is currently concluded that the better route would be for the conveyance of the property to the Authority and they in turn make arrangements with the Highway Department. We have also had discussions with the Authority in regard to the property occupied by the incinerator and perhaps adjoining or other lands in connection with refuse disposal. /103 The conclusion on thin in that this should be handled as a separate transaction as the Fedpral governwent.hss~advfded tha~ they would*sot be acceptable, to aey:typp of exchange ~rrangement involving credits of one party.to the other, , There is attached a map nh*ming the properties involved, It is recommended that procedures be lhstituted to make these conreyancea with the assumption that the Jbitinl step would be for the City Attorney to prepare the.proper ordinance, ~espectfU~ly submitted, $/ ~aliaa F, Hirst Julian F. Hirst City Hanager~ Mr, Link moved that Council concur in t~e rec?mmeedation of the City Manage: and that the matter be referred to the City Attorney for preparation of the proper measure, TAm motion was seconded by Mr. Thomas and unanimously adopted. SCHOOLS-STREETS AND ALLEYS: Council having referred back to the City Manager for further study, report and recommend~tion a communication fro~ Mr. A, T, Loyd, Attorney, representia9 Haury L, and Sheila S. Strauss, r~questieg the of Council in the dedication of a 25-foot s~rip of land from Ferncllff Avenue along the south side of' the llllinm Ruffner Junior High School area for a distance of approximately 795.0B feet. as ? part of a ~0-foot roadmay into a pro~osed apartment complex, the City Manager ~ubmitted the foil*wing report advising that he cannot conscientiously recommend that the dedication be made: **Roanoke, Virginia · October S, 1970 Honorable Mayor and City Council Ro~oke, Virginia Gentlemen: On Jul*y21,'lP?O, City Council received' a request, in the form of a letter ~f July H, 1970, from Mr. A. T. Loyd, Attorney, for th~ City Council to give its concurrence tQ the dedication of a strip of land RS feet wl~e by approximatey ?95 feet In length to be a part of a public str~. Mr'. Loyd represents Mr. and' Mrs. Maury L. S~rauas who own approximately 54 acres of land north of Hershber§er Road and east of the ~lliam Fleming High School a~d M~lliam Ruffner, Junlor High School. This acreage is undeveloped at the ~resent time. Zhere Is pots'naSal access to this acreage from Hershberger Road and the AFrom Wood. Development. Development plans for the Strauss lands are at present only-in.very preliminary form and indefinite.. Mr. Strauss has for some time been interested in an access to his land also from Fer'ncliff Avenue. ~o do this, homerer, has meant th~ crossing of properties of others. In the interest of this' access, Hr, Strauss approached representatives of the City schools in earl~' long. [illiam Ruffner Junior High School was then under cons tmction, The layout plan for this school included a strip of l~nd 25 feet w'ide along the south Side of the school property extending Ferncliff on the west to the Strauss propertyon the east, This strip wa{ intended as a buffer or protective strip against the adjoining property to the south of the school. The strip was ?95 feet in length, east to west. Included, however, in, or on, the strip wan a short rSadway, approximately.350 feet in length' leading off of Ferncllff to a small school parking lot and for ~ehicular ~ccess' to the buildings in the south · area of the Junior high complex. School construction plans called for, paving of this roadway. Mr. Straussts proposal to ~e school people was' that if th~ 25-foot buffer strip would be dedicated forpubllc use he would acquire an additional 35-foot strip from the. adjoining land, owned by others, and thereby provide a 60-foot right of way from Ferncliff to the Strauss land. Therb we~e~ipparently, c6oildern~ie negotl~tl6oe'-lnvolvlng #v. StrausS, tke~echool~offieihls~:tke oreklte~aod the--' coatrnctOr'foF~tbe~eeb~ol~-~Tbe eud~re~lt was thot~the-S~hool Board Hay 27e"lg69e npprovedtke dedlcatlon,o~'th~ 25-f~ot strip Subject to approval b~ the City Attorney. 'Correspondence shown Be lndioat~s the City Attorney*s .trice did not find question in the matter. · - - ," "~; ."" .... The surveyor for Hr~ Straais prepared a. plan'o~d-p~6flle drawing of the grade and pavement design of a roadway within this strip. 'This-grade and p&~ement design was-apb*.ged'by the State Bighuay. Depertwent, R0mke County and City Engineer. The plan is not a'-subdlvislon nap but rather a plan and profile and there Is some question with we as to its designation or not of a street for the full length and width of the 60 feet by feet. Howevert it recognizes that such in being proposed. On November 11, 1969t the School Bonrd*s minutes refleot that it mas noted to the Board that agreement had beennade to dedicate ibc 2S-foot buffer strip and that *The superintendent felt the Board*s attention should be called to the fgot that this right-of-may is within S$ feet, of the entrance to the gym.* In this process arrangements were:worked out between Hr. Strauss, the contractor, the architect and school personnel wBereby Hr. Strauss assumed the expense of constructing a paved roadway on the 2S-foot strip from Fern:life eastward to near his property. ~he spcci~lcatiQns for this pavement had to be higher than those for th~ 350 feet the School Board proposed to build in its shorter portion. Curb and gutter was also constructed along the north pr school side of the roadway. Mr. Stran$sts billed expense by the paving and concrete coatFactQr for this work was approximatel~ $?+200. This figure includes an allowance to him of approximately. S1,600 which was th~ amount of the School Boardts allowance under the school construction contract for the ~UFb and gutter and paving to the extent that had been originally scheduled. This constrnctlon by Mr. Strauss has been done. Further he advises he has purchased the additional 3S-foot strip along the south side for the ultime 60-foot right of way. The hitch in these proceedings ca~e when It was determined that the dedication of the 25 feet Mould have to be concurred in by City Council. This brought Mr. Loyd before Council and Court:nits referral of the matter to the Planning Commission and me. , On September 14, I. reported back to Council with two quest~ons on the mtterv these questions will be again later noted. This situatia~ may be a fact ecconpllsbed. The roadway has been bunt and Hr. Strauss has expended considerable money. Mr. Strauss apparently proceede~ along all avenues of contact, made known to him at tbettme.- The School Board made a commitment by staff and by Board action. These facts are unavoidable and have to be taken into account. · The Planning Commission has not~t acted as the staff of the Commission is somewhat awaiting these discussions tn order to determine how to advise the Commission as to the extent to which the~Connission can respond. The ~ssistaut Planning Director, Assistant City Engineer and I net with Br. Strauss and Mr._ Loyd this past week to go over this matter in detail. The contention ! submit to City Council is on three points: 1.. This will result in a 60-foot public roadway immediately adjacent to active ese areas of a new Junior high school facility and within ~3 feet at one point and 88 feet at another point of principal school, buildings with the former distance being related to the gynnasium. ~tth fullest respect to those involved, I :ann.tv with the greatest test of reasoning,~Justify in my mind the logic of a public thoroughfare'that close to a new public school. I recognize, as Mr. Strauss pointed out to met that It might have been possible for him or any, developer to have constructed the street immediately south of and ~arallel to'the school property if they had not obtained the RS-foot strip. That may have been and it may have brought on other I mums problems,-but ~is.would-hiwe;beeu:somethieg else-nad~tbe City wguld not'hive been vol~etlrlly;partioiputieg Ii going.into open country and pettfsg~apublio through street,.up aex~ to u 2. Uhen this~mat~er ~e~hai~i~e~m~s a may Bomever, it would.seem to~me.tbat~the~Cltyby,dedion~loa or, the 25 ~ee~,~with the k&omiedge'.that it is,to be:attached tO asother 3S feet and Lheu-made late,ri.street ii,participating In the sub- dividing or a street and as y~t there Is no.knomledge as to or development to mhieh it will relate. Such races would to its proximity,to.the sob?gl, . . Mr, Strauss l~ a highly regarded developer and ! in no way Intent those cements to reflect upon him, He does not know at this time hca he.plans to use this n~reage and this is underntandable. Again, he apparently proceeded with every advice given him down the line. Hy question Is not with Mr. Strauss,but with the City*s consent to the proceedings along the may. , This point may not directly related or affect*but is is of simultaneous concern. The addition of the Junior high school ~s changing traffic habits. Many more students now malk to and from the area. The pavement or Fernclifr is 26.5 feet aide for the distance of lt2SO feet from Hershberger to the first sidewalks at [illiam Ruffner, At some early date a s~eualk for t~is section is highly recommended. The proposed street, a~ is the matter or this letter, can conceivably add to type and volume or traffic on this section of Fernclirf. I cannot conscientiously recommend to the City Council this dedication be made. However, as stated,.ft nay ~ready be a fact accomplished. Respectfully submittede S/ Julian F. Hirst Julian F, Uirst Cit~ Maaager~. After a discussion of the matter, Mr. Trout moved that the request of Mr, and Mrs. Strauss be'granted and that the matter be referred t? the City Attorney for preparation o~ the proper measure. The motion mas seconded by Mr. Mheeler and unanimously adopted. CAPITAL IMPROVEMEN~PHOGRAH-MDNI~L BUILDING: The City Manager submitted the following report in connection with a report of Hayes, Seay, Mattera and Mattern~ Architects and Englneerst mitb refere~c~ to a study or the'provision or additional municipal facilities in the area of the Municipal Dulldiag compleX, expressiag the opinion that the alt~rnative to being able to immediately move into a nam bbtlding would seem to b~ to hare to wait and do nothing in ~ e courthouse building but allow it to deteriorat~ without any major upkeep or renovation and improvement: "~oauoke, Virginia October 5, 1970 Honorable Mayor and CltyCouscil Roanoke, Virginia , , At a meeting.on September 24, 1970, architectural representatires of the firm of N~yes, Seay, Matteru and Mattern presented a report to the City Council and others assembled as to their study of the provision or additional municipal facilities in the area of the municipal building complex. I am forwarding to the City Clerk a copy or the architectst report that it may be a part of the records of the City Clerk*s Office. · Tke Clty-Couacll-a cho~t~tlue~ago~requeited~my,~c6mteadntlons In the~ustter!cud~thli I~ulll~tem~t~o do,-in this.~letter~ The c~udyb~ Hnyes~eny~lattero~aod~lntte~& woo'tbe~6utg~outh~or u meeting or the #a~or'and~ya~.16us:persons with the~Judge~af the Hustings Court and we~bers~of the Hsr Cou~ittee In early suumer ut uhfe&~tfme it 'un~-cnnchded that~all aspects.of'the aJtuntion should be-analyzed&- He-will very shortly come to the Council to cle·r'up C6ntrnctncl~orrnngemeuts with Hayest Seny, Xattern ond'Hattera:to cover this Study which was not l·cluded fa their original.artifaCts ~'~ ' ' -Their-PleurA'which-projects s new courts a·d~nafety building and · new Joil~=i6~general'eontext Is a desirable goal toward which the City should work. There are, or courses.many details that the architect· did not go into which could only be developed ns a result of a more thorough study and thus their proposal-and cost estimates are on a.general.noture~ ! think that this proposalt as nntterS now ·tend, is well founded and should be the ultluate objective of the'City, The potential,changes. In'the boundary of the City la a factor tbnt bas to be taken into account in proJected'building plans and this may or may not, if it comes to accomplishment, have a bearing upon inclusions.within such a new facility. Howevert It would.seem to ne that a new facility of this type is · matter'of two to three to four years hence under the best of conditions, taking into account the possible requirement of a bond referendum ~or the provision e~ funds. Plan B is a questionable Justification as it represents major renovations of the municipal building with there ~tfll being the possibility of the desirability of completely new and enlarged facilities in a matter of a few years, Plan C proposes the use of ~unds now appropriated, $$$0,000, in Improvements and renovation In the existing municipal building., Quite' obvloasl~ major improvements caa not be brought about with th is auount of money and the omissions would be primarily related to plumbing, hedting~ and air sonditinlng systems. However, I do feel that signi- ficant improvement can be made in the building and that it can be adapted to the Cltye$ use ~or some period of time and certainly pending any firm accomplishment o( new or en- larged facilities elsehwere. It would seem that In any situation we have to do renavatfon work on the municipal building or courthouse even if the courts were to nova out in a few years and the building,turned over to other office use·. ~ith this in mind it is nos felt that the funds, as appropriated, would be lost or misused tod there is a distinct posslblity that the inside and outside appearance of this building.could bo enhanced somewhat beyond the anticipation of many at this time. I hope to have limited sketches available at the Council meeting as to possible arrangements In this courthouse building for the City Couocllt$ further consideration. I do not intend by this recommendation to draw any issue with the Judges, the Bar Committee, the attorneys or others mbo are iaterested In the coarth~usot court facllites and the Jail, I can understand their interest Jn urging In new facilities but the alternative to being able to Immediately move into a flew hufldfng would see~ to he to ha~e to Wait and do nothing the couFthou~ building but allow it to deteriorate without an~ major upkeep or renovation and improvuent ~ork, Respectfulll submitted, S/ Julian F. Hirst J~lian F. Hirst Cit~ Manager' ~r. Thomas ~oved that the report be taken under consideration. The motion was seconded b~ Mr. Trout and ueaninousll adopted. CAPIT~ IHPROVE~N~S PROC~AM-MU~ICIp~ BUILDINg: The Cit~ ganager submitte a written report advising or efforts to dedicate the December 1, 1970. Dr, Taylor moved that themport be received and filed, The motion was seconded by Mr. Lick and unanimously adopted. SALE OF PROPERTY-STATE HIGHI[AYS: The G'lty* Manager submitted the following report advising that the Virginia Department of Highmays has completed itl plans on the Teoth Street Impr~emeot ProJect mhich, in the first segmeots mill extend from Patternson Avenue to Gllmer Avenue sifficfeot for the acquisition of right of way, pointing out that the objective of the Virginia Department of Highways is that the parcels of land needed for the bridge and Its Immediate approaches end an agreement to be entered into mith the Norfolk and Western Rallmay .Company In connection there- Iwith be secured in time to advertise the structure in September, and that the rema~er be acquired in time to advertise the roadwaY. Roanoke,oct,herin September,5,Virginia1970 1972: Honorable Mayor and City Council Roan*he, Virginia For the information of the CityCouncil, we are advised that the Virginia Department of ~lghways has comlJeted Its ,, ,plans on the Tenth Street project w~icht, in the first segment, will extend from Patterson Avenue to Gilner Avenue sufficiently for the, acquisition of right of may. Copies of these plans are, being forwarded to the City. Th~ State has this project programmed for financing 65 percent with State ~rban funds and 15 percent City funds. . There will be no Federal monies used in amylase of the project. Consistent with the City Councll*s resolution, the right of may will be a~quired by the ~tate Departmept of Highways; They are concentrating their first acquisition efforts on those parcels that are needed for the construction of the bridge. There will also be involved an agreement with the Norfolk and lectern Rail- way Company which will b~ a rather extensive, matter. Xt is the objective of the Highway Department that the parcels related to the bridge and its im~diate, approaches and the agreement with the N ~ W he secured in time to advertise the structure only in September, 1971. They are hopeful that the remainder cm then he acquired in time to advertise the roadway in September, Respectfully submit*edt S/ Julian F. Hits* Julian F, Hits* City Manager" Mr. Lick moved that the report be received and filed. The motion,Mas seconded by Mrs' T~out and unanimously adopted. : STATE HIGHNAYS:, The City Manager submitted the following report recommendJ g that Council adopt a Relolutton l,ndicatlng to the Vi~la Department of Highways the willingness of the City of Roanoke to participate in widening a~d improving U. Route 460 (Orange Avenue) from Interstate Route 581 east to 12th Street, N. E.: "Roanoke, Virginia October 50 1970 honorable Mayor and City Council Roanoke, Virginia Gentlemen: There ~s submitted with this Agenda a resolution as prepared by the City Attorney indicating to the Virginia Department of Higbmalso the epproval~by the City of Roanoke and the City,s . willingness to participate in the project or widening nnd proving O, S, Route 460 (Orange Avenue) from'Interstate 581 . East to 12th Street; H, R, The plans on this project have ~rom time to time been before the City Council on various matters, A set of the plans will be available at this Council meeting for discussion and review, The Oighwal peparteent advises tba~ it anticipates witbln a very leu months being In a position to advertise for bids on thit work, This is, of courser one of the 1967 capital bond proJects end will be the completion of 460 from the project ~inished last lear from Tinker Creek enstmard with this project going on through to Itlltamson Road ~hd the connection with the i~rstate It is recommended that the City Council adopt this Respectfully submitted, S! Julian F, Oirst Julian F. Hirst City Ranager~ Mr, Lisk moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (m19343) A RESOLUTION approving the location and design of certain provements to. Route 460 (Orange Avenue), from Interstate 501 to 12th Streett No in the City, proposed as State Highway PorJect 04bO-128-lO2t PE-IO2t C-502o (For full text, see Resolution as recorded in Book No. 34, page 471.) Mr, Lash. moved the adoption of the Resolution. The motion was seconded by Mr. Garland'and adopted by the following vote: AYES: Mesnrs,'Garlaad, Lash, Tallert Thomas, Trout, Wheeler and Mayor Webber .................? .... ?. NAYS: None--~ .....Oo With further reference to the ~atter, the City ~anager submitted the foiler/ag report in connection with relocation and lowering a 12-inch water main wade: Orange Aven~e, re[ommending the adoption of a Resolution which would authorize his to inform the Virginia Department of Highways of the concurrence by the city of the inclusion of this water line w~thin the project and that the city agree to reimburse the State Department of Highways ~or the cost, the City of Roanoke to furnish the materials, including pipe, with the primary obligation of the contractor.being to provide labor: "Roanoke,:Yirghia October 5, 1970 Honorable Mayor and City Council Rom eke, Virginia You hare in the previous matter on the Agenda a resolution for the approval of the proceeding with the project of reconstruction and widening Orange Avenue from Interstate 591 tn 12th Street, H. E. Ia the construction of this project there.is necesdtated the reloca- tion and lowering of a 12-inch water main under the roadway. Initially it had been proposed that this work be done by the City by contract in conjunction ~b construction of the project. However in review Of this with the Hlghmay Department, the department has taken the position that because of the close involvement of this work with the construction of the highway and the difficulties of- coordination that the water main rel~ etlon should be incorporated in the overall contract for the J ob. Our opi~bn at this time is that their approach would be the co~ect way to handle this work. .s There is submitted with the Agenda a resolution which would authorize'~r ~n~o~m~ng the ~tate Hi,busy bePavtmen~ of the Cityts connurrence In the inclusion of this water line work wi*lin the project and that the City would a~ree to reimburse the Highway Department for the cost. The Clt~ of Roanoke mill furnish the material, including pipe, with the primary obligation of the' contractor being to provide ~abor. ~espectfully submitted, $~ Julian F. Hits* Julian F. Hirat City Manager~ Hr. Trout mbved that Council concur in the recommendation of the City Manager and offered the following Resolution: (~19344) A RESOLOTIO~ requesting the Commoewealth:of Virginia, Department of Highways, to Incorporate into the plans of the Route 460 Project 0460 128-102. C-502, R~-202, provlsionsfor the adjustment and relocation of water mains'in Route 460 (Orange Avenue), beginning at Interstate 591 and extending to 12th Street, N. the entire cost of which is*~o ~e ~eimbursed by the City to ~al~ Department of High- ways, (For full text'of Resolutiont see Resolution Hook No. 34, page Mr, Trout moved the adoption of the Resolution. The motion mas seconded by Mr, Mheeler and adopted by the following vote: AYES: Mess~s. Garland, Lisi~ Taylor, Thomas, Trout, Nhe'eler and Mayor Mebber ....................... NAYS: None ........ ~0o CITY ATTORNEY: The City Attorney submitted a written ~eport In connection mith amending Title II, Chapter ?e Section 5, of The Code of the City of Roanoke, 195 as amended, to provide for the. employment of three Assistant City Attorneys in M s office, Mr. TroUt ~ove~ that Cbuncil concur in the report of the'City Attorney and that the following Ordinance be placed upon its first reading: (mlg345) AN ORDINANCE to amend and reordafn, Sec. 5. Assistant City Attorney, Chapter 7, Title I! of the Code of the City of Roanoke, lgS6, as amended. WHEREAS, the Council has heretofore made provision in th~ City's lg?O-lgYl appropriation ordinance for compensatlonof the positions hereinafter provided. THEREFORE, DR IT ORDAXNED 'by the Council of the City of Roahoke that Sec, Assistant City Attorney* of Chapter ?,Title II of the Code of the City of Roanoke, 1956, as amended, be, and said section is, hereby amended and reordained to read and )rovide as follows: Sec. 5. Assistant City' Attorney. The City Attorney is au'tho~lzed and empowered to appoint not more than three assistant city attorneys, whose com- pensation shall be such as' ma~ from time to time be fixed by the Council, Any of the duties of the city attorney may be performed by a duly appointed assistant city attorney, who shall be charged with all of the responsibilities imposed upon the city attorney mhen acting in such official capacity. The motion mas seconded by Mr. Thomas and adopted by the following vote: AYRS: #essrs. Garland, Llsh, Taylor, Thomas, T~?, iheeier and Mayor ~ehher ............................ ?.~ HAYS: Hone ................. o. with £urther reference to lhe mattert* the City Attorney submitted a writtei report advising that he has employed Mr. Edmard A. Nntt ns on Assistant City Astorne in his office as of September 2Or lgYo, and IntrodUced Mr. Natt to the ma~ers of Mr. Trout moved that the report be received and file~. The motion was seconded by Rte Thomas and unanimously a~epted. STATE HIGHWAYS: Yhe City Attorney submitted the following report recoumeo and Chancery of the City of Roanoke to acquire for the city Parcel 037 needed in connection with the U. S. Route 220 (Franklin Road, S. V.,) ProJect for the total sun of $16,160,00: "October 5~ 1970 of the Roanoke· City Council Roanoke, Virginia acquire the snbJect parcel of land resulted in the of $6,767o00 in excess of the approved appraised value sought to be proved by Witnesses for the City and the value the Cityts appraisal having indicated $g,393°00 in value $23,100.00 in value~ The original offer to the owners by the City, which amount was paid into Court, was $6t625.00, so that the City owes a balance of $g,335.00 on the Commissioners'r the City Homager and setting forth in detail the factors involved in the case,: is attlched for you~ info~ntion, th'e City might rely for a'reversalof the report of the There remains'in the account approprimted for t~e project Respectfully, S/ J, N. Kincanon lng Mr~ Lick moVed'that Council concur in the recommendation of the City Attorney nad offered *be follomlog~Resolotloe:. (wi934&) A RESOLUTIOfq authorizing the acceptance of a certain award made by Commissioners in.condemnation proceedings brought for the acquisition of Parcel 0370 being acquired for the Cityl~ U. S, Route 220 (Franklin*Read, S. W,) Project, (For full text of Resolution, see Resolution Hook Ho. 34, page 473.) Mr. LIsk moved the adoption of the Resolution. The motion wes seconded by Hr. Taylor and a~pted by the following vote: AYES: Ressr's. ~arland, ~lsk, 'TeyloFo-T~Smas, Trout, ~heeler and Mayor Webber---~ .......................... HAYS: None ............... O, AUDITS-SCHOOLS: The.City Auditor submitted a written report on an exa&iea- tion of the records of the Do*keF T, Mashington Junior High School for the school year ended June 30, 1970, advising that all the records were.in order and the State- ment of Receipts and Disbursements reflects recorded transactions for the period and the financial condition of the fund. Mr. Trout moved that the rel~rt be received and filed. The motion mas seconded by Mr. ~heeler and unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted a written report on an examination of the records of the Jefferson Senior High School Activities Fund for the school year ended June 30, 1970~ made by Andrews. Burke* and Company, Certified Public Accountants. under the direction of his office..advising that it presents fairly the financial condition of the fund at the end of the audit period. Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Nhee~r and unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted a written report on an examination of the records of the Patrick Henry High School Activities Fund for the school year ended June 30, 1970, made by Andrews, Hurket and Company, Certified Public Accountants, under the direction of his office, adlvlsing that it presents felrlyl the financial condit ion of the fund at the end of the a~lt period.. Mr. Trout moved that the report, be received and filed. The motion was seconded by Mr. Mheeler and unanimously adopted. REPORTS OF COMMITTEES: SEHERS AND STORM DRA~ S: Council having referred to a committee for tabulation, report and recommendation bids bec*ired on the construction of a storm drain on Somerset Avenue, S. W., northeasterly from Ay*abas Avenue to the terminatim of Somerset Avenue, the committee submitted the foil*ming report recommending that the bid of Hudgins 6 Pace. Contractors. in the amount of $75,379.00, be accepted: "October 5, 1970 To The City Council Roanoke. Virginia Bidn!mere~recel~ed~q~opeaed~befo~e~Cfty~oun~il~at~ts regular: meeting on Noudsy,%S~ptembe~ ~O,-l~?Ot' for*he construction or t~o (2) storm drain proJects,:~These~proJeots,.on%Somerset Avenues S. ~oe-Snd ~luerleld Boulevard, S, ~** mill ooeplete the local storwdraiaage luproveBeats ianluded.la:the 1~67 bond refereuduu. Attached please find Tabulations or Bids summarizing the seven (?) bids received for both proJeots.~ A low bid o~ ~$?~,3T9.00 was submitted by Hudgins and Pace for the Somerset drain, and a lee bid.o~,$6~oO32.12~was submitted by Aaron J~ Coaner~for the'' nluefield project. YOUF committee has reviewed th~ bids~and f~andthe low bid proposals to be correot and mcatiug~mll.proJeet apeclfleatious~. The low.bid rot the Somerset Avenue drain is within the $80,000 available funds. The Ion bid for the Bluefleld Boulevard drain is somewhat in excens of tbs $~4,3~0 currently available. ~evertheless, the seven (T) bids recelve~ would,indicate,reasonably go~d competition for:this worko and mith the Iow bid some $13eOgO less than the next bidder, it is considered appropriate to accept this proposal. Gnexpended funds f~om already completed storm drain projects are available to their bid amount of $75,3?9.00 for the Somerset Avenue Storm Drain and to Aaron J. Conners General Constra~tion, lno., in their bid amount of $69,032.12 for t~e Bluefield Boulevard Storm Drain. The sum of $14t682.12 can be transferred from CIP 32, ~he alTeady completed Sauford - Draudon storm drain to cover the difference between the low bid and available funds on the Dluefield project. APPROVED: S! ¥1ncent St #heeler V~ncent $. ~beeler, Chairman Councilman $~ Byron E Byron E. Darter Assistant City Manager S~ ~illi~m F. Clark · illium ¥.,Clark Director of Public ~orks SI James ~ for ~am H. McGhee~ III City Engineer# Mr. ~heeler moved that Council concur ia the recommendation of the committe and that the matter be referred to the City Attorney for preparation of the proper meagre. ~he motion mas seconded by ~ro Trout and unanimously adapted. SE~ERS AND S~ORM DRAI~NS: Council having re~erred to a cgmmittee for tabulation..report and recommendation bids received on the constructtonof a storm drain in the Bluefiel~ Doulevard~ S. ~.~ area~ the committee submitted a~written · report recommending that the bid of A~roa J. Coueer~ General Contractor! Incorporated in the amount of ~69~05~.12, be acceptede Dud that $14.6~2.1~ be transferred fFOm tbs Sanford-Brandon Avenue storm drain project to the Bluefleld Boulevard storm draio proJect~ , ~ro ~heeler moved that Council concur in thc.re¢om~udations of the committee and that the matter be referred to the City Attorney for,preparation of the proper measures. ,The motion was seconded by Mr. Trout and unanimously adopted, U. S. S. ROANOKETAUDXTORXUM-COLXSEUM-PARKS AND PLAYGROUNDS: Council having referred to the Roanoke Tramportation Museum Committee and the Roanoke Civic Center Advisory Commission for study, report and recommendation a communlo~tioa from Mr, Charles D, Foxe III, Commanding Officer USNRCC S-13t advising t~at the. Navy ship WROANOEEu is about to ~e scrapped and offering the shipte bell to be placed in the Plaza at the Roanoke Civic Center and further offering to place various other suitab items in the Roanoke Transportation Museum, th~ Roanoke Tranportation Museum Committee submitted a written report recommending, that Council accept these Items of bistorica~ interes~t. Mr. Trout moved that Council concur In th? recommendation of the Rommke Tra~sp?ttatlon Huseum Committee and that the matter be referred to the C~y ~tt?rney for p~eparation of the pro,er measure. The motion nas seconded by ~r. Lisk and un?imously adopted. TRAFFIC-STATE HIGHMAYS: The Roauke Highway Safety Commission submitted the folloming report advising that the Commission rec?mme~des the adoption of the short form of the Rodel Traffic Ordinances for Virobla #uniclpal~ties - 1970 as the official traffic code of the City of Roanoke: "S~ptenb~r 30, 1970 Honorable Rayor and City. Council Roanoke~ Virginia Gentlemen: One of the'stated objectives of Roanoke*s current Highmay Safety Program is to update the City Traffic Code. Recently the Rom oke'Highmay Safety Commission received from the Virginia Hiphmay Safet~ Division copies of Model Trhffic 0~dinanceA for Virginia Municipaklties 1970. Copies of this model code have be~n distributed to City Manager Julian F, Hirer, City Attorney James N. Kincanon~ . Superintendent of Police M. David Hoop~r and Municipal Judge Beverly T. Fitzpatrick. This-model traffic code is the recommended standard for Virginia cities. It was ~ep~re~ by the Hlchie City Publica- tions Company and is modeled after the Virginia Motor Vel~le Code to include 1970 amendments.' It is arranged in Jong form as nell as short form which can be adopted by reference. Adoption of this model code will promote unifirom traffic rules and regulations within the Commonwealth of Virginia and correct one of thl major deficiencies in our hlShmoy safety program~ The Roanoke Highway Safety Commission accordingly recommends to City Council that appropriate action be initiated ' to have the*Model Traffic Ordin~es for Virginia MuniciPalities 1970 adopted as the official traffic code of the City of Roanoke,'Further, that faroiable consideratiol be given the short form of this code which can be adopted by,reference. This recommendation nas unanimously adopted by the Roanoke · Highway Safety Commission at it*s r~gular meeting ga September 3, 1970, mitb the chairman being instructed to notify City Coan~ilo Respectfully submitted, SI James D. S~nk James D~ Sink, Chairman~ Mrt'Trou~ moved that tb~ report be'referred to the City Attorney and the City Manager for study, report and recommendation to Council. The motion was seconded by Hr~ Lfsk and unanimously adopted. UNFINISHED RUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIOEHATION OF ORDINANCES AND RESOLUTIONS: ZONINH: Ordinance Ho. 19329, fez*ming property located on Wllliam$on Road, N. Wot be*meet Hamtborce Road and Woodbury Street, described as Lots 3, 4, 5 nod 6, Hloek 10, Airlee Court, Official Tax Nos. 2190303, 2190304 and 2190306, from C-1t Office end Institutional District, to C-2, General Commercial District, baying previously been before Council for its first reading, read and laid over, mas again before the body, Hr. Wheeler offering the following for Its second readin and final adoption~ (~19329) AN ORDINANCE to amend Title XV, Chapter 4.1, Section 2, or The Code of the City of Roanoke, 1956, os amended, and Sheet No, 219, Sectional 1966 ~one Map, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 34, page 46?.) Hr. Wheeler moved ~be adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs, Garland, Ltsk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ...................7. HAYS: ,~one ....- ..... O, ZONING: Ordinaoce No. 19330, fez**lng a'one acre tra~t of land located on Wes*side Boulevard and Wyoming Avenue, No W., described as a part of the Gilbert Map, Official Tax Ho, 26?0203, from RS-3, Single-Family Residential Ors*riot, to EG-I, Ceneral Residential District, having previously been before Council for its first tending, read and laid over, was agln before the body, Dr. Taylor offering the following for its second reading and final adoption: (g19330) A~ ORDINANCE to amend Title lye Chapter 4,1, Section 2, of The Cbde of the City of Roanoke, 1956, as amended, and Sheet No. 267~ Sectional 1966 Zone Map, City mi Roanoke, in relation to Zoning, (For full text of Ordinance, se~ Ordinance Rook No. 34, page -Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr° Trow* and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylort Thomas, Trout, Wheeler and Mayor Webber ............. 7; NAYS: None ......O. APPALACHIAN POWER COMPANY-SCHOOLS: Ordinance No. 19337, authoriziog the execution by the City of Roanoke of a Written license and permit to Appalachian Pomer Company to construct, erect, operate and maintain certain underground electrical transmission lines and equipment to serve the James Halson Junior High Sch00iprSPer~ 0ri,he;nOrtherly sid~ 6r #cN~liRood~S,'U;~in~the tit7 or Roanoke having previously been before Council for Its first reading, read and laid over, again before the bodyt Mr. Nheekr offering the rollo.la~ for'Its se¢~d reading, read and laid over,:mas o~n'before'the body,'Rr. Mheeier offering tie f011obtng for its second reading a~d ~inal'adop~io~: ~ ........ (a1~337) ~W ORDINANCE authorizing the Oity's execution of a written license amd permit'to Appalachian Power C~mpasy~to~co&stru~,'ere~t, ~perate and maintain certain u~dergrCund eledzical t'r~smissloo lines and equipmedt td serve the City'a J~mea,Madison'Js~ or N~gh School property on the northerly aide of McNeil Road, S. M., fo the'City ~f Roanoke. · (For full text of Ordinance, see Ordinance Book NC. 34, page 46%) Mr. Mheele~ moved the adoption'of the Ordinance. The motion'mas seconded by Mr. LIsk and adopted by the followin~ vote: AYES: Messrs. Garland, Lick, Taylor, Thomas~, Tr'o~t, W~eeler and Mayor Webber ............................. 7. NAYS: None ................O. 6ARBAGK REMDYAL-YRAFFIC: :OrdinanceNo. 19341s autherixing and providing for the leasing by the Clty of Roanoke to Mr. Galvin Anderson on a month to n0nth baeis the parking lot adjacent to the inelne~or btildings b~Ing previously been bef~ Council for Its first readings read and laid o~e~, ~as again before the body, Dr. Taylor offering the following,for its second reading and final'~doption: .(e19341) A~ ORDIN~CE authorizing and providing for'the City~a leasing to Calvin Anderson of an unused southmeaterly per, lea'of Offloial No. 3013406, upon certain ter~ and conditions. (F~r fall text, see Ordinance Book No. 34, page Dr. ~aylor moved the adoption of the Ordinance. ~he motion wa~ s'econded by Mr.-Trout.and,adopted by.the~foll0wing ~ote: ' AYES: Messrs.*Garl~dd, Lisk,' ~aylor,~ Tb0mas, Tro'uttRheeler'and Mayor Webber ........................ ~-?.' ' ' ' NAYS: None .............. O.' BUDGKT-COMRONNEALTHtS ATTORNEY: Co.nc*il* havtn~ directed the City Attorney to prepare the proper measure appropriating $~,652.50 to Office Furniture Equipment - New; $40.00 to Maintenance:of Machinery ~ Equipment; and $388.00 to Communications undek Section'a22, "Common~ealth*s Att'orn~y~~ ~f the '1970-?1 budget, subject to the approval of the State Compen~ation Board, Mr. Lisk offered the folloming ~mergency Ordinance:' (~19S47) A~ ORDINANCE to amend and reordain Section ~22, "Commonwealth's Attorney," of t~e 1970-71 Appropriation Ordinance, ~d p~o~ld~ng for an emergency. (For fall text of Ordinance, see Ordinance Book No. 34, page 474.) Mr. LIsk moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: 'Messrs, Garland, Lisk, Taylor, Thomas0 Trout. Wheeler and Yayor- ~ehber ............... NAYS: None ..........O. BUDGST-HOUSING-SLBM CLEA~ANCE-I~pARTM£NT OF BUILDINGS: Council hw lng directed the City Attoroey to prepare;the proper measure appropriating [10,000,00 to Fees for Professional ~ Special Services under Section #48, 'Department of Bulldit of the 1970-71 ~udget,,to provide funds for the demolition of certain condemned buildings, Mr. Garland offered the following emergency Ordinance: (z19348) AN ORDINANCE to amend and reordain Section u4o, "Department of Buildings," of the 1970-71 Appropriation .Ordinance, and providln~ .fo~ a~ emergeu~yo (For full text of Ordinance, see Ordinance Book No. 34t page 474.) Mr. Garland moved the adoption of the Ordinance. The motion .was secmded by Dr. Taylor and adopted by the roll,ming vote: AYES: Messrso Garland, Ll~k, Taylor, Trout, Thom~s, Wheeler and Mayor Webber .......................... 7. NAYS: None .................O. PARKS AND PLAYGROUNDS-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper measure .approving the termS of a letter agreement of Bowers ~ Miller Development Corporation made under date of Septembe~ 10, 19~0, concernin0 excavation and use of fill material by the City of Roanoke for certain city landfill operatians, he pres o ted same; whereupon, Mr. Wheeler offered the following Resolution; (u19349) A RESOLUTION approving the terms, of a letter agreement of Bowes 6 Miller Development Corporation made under date of September 10, 1970, concerning the City's excavation and use of fill material for certain of the City*s landfill (For full text of Resolution, see Resolution Rook No. 34, page 475.~ Mr. Wheeler moved the adop%ion of the Res,olution.. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Lit, Taylor, Thomaso Trout, Wheeler.and Mayor Webber .......................... 7. ,' NAYS: None ............ O, MOTIONS AND MISCELLANEOUS BUSINESS: LEGISLATION: Mr. Garland,presented the ~ollowing communication recommendi{ that the City Attorney be'instructed to prepare a Resolution requesting that the General Assembly of Virginia exempt insulin from any sales tax provision; ~1 October 1970 Mayor Roy L. Webber and Members of Roanoke City Council Although this is a 'matter that this legislative body cannot our citizens in the Roanoke Valley, not to mention the other untold thousand within the Commonwealth. .....Provisioos;usdG~;thG-preseet:s~leuti~bw'doiot~prollde~rorthe exemption of Insulin unless it be by · prescription, Although, ' lt~ls~prescvlbed initially by~a physician hMd administered under. his instructions, it is normally purchased from the drug store on an *Over the countere basis and got by a prescription, If it in purchased la'this manner end most nil of it Ist the present lam does require that the Pharmacist charge the Sour per cent sales tax. ....... ' I seriously do~b~ that this' was t~e intent of the General Assembly inasmuch as Insulin is a life saving drug given most always on a doily basis and ·any diabetics cannot live without it partlcnsrly those that do not tolerate or fihd effective the oral hypoglycemlc agents. It thereforet make the motion to instruct the city attorney to prepare a resolution requesting that the General Assembly exempt insulin fro· any sales tax provision and'that ~opies o! this resolution as well as this communication be sent to Governor Linuood Holton, Senator ~illiam B, Hopkins, Delegates M. Calduell flutlero Willis Anderson, and Ray'L. Garland for their careful perusal and consideration, ~han~you, X aa, Most Cordially Yours, S/ Robert A, Garland Robert A. Garland" Mr. Garland then moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Llsk, Mr. Thomas offerdd a substitute motion that the matter be referred to the Advisory Legislative Committee for study, report and recommendation to Council. The motion was seconded by Mr, Wheeler and unanimously adopted, VIRGINIA MUNICIPAL LEAGUE-~ITY MAqAGER: Mr. Garland presented the - following communication commending and coogratulatiog Mr. Julian F. Hirst, City Manager, for the important role he played as President of the Virginia Municipal League: ul October 1~?0 Mayor Roy L. Webber and Members of Roanoke City Council Gentlemen: I was very proud Indeed to be a member of the Roanoke delegation at the recent Virginia Municipal League convention which was held in Arlington, I found the event both eaJ~able, informative and beneficial. However, the fact that our esteemed city manager was the outgoing president and host for the convention, added impetus as well as pride to our presence, Mr. Rirst*s expert handling of the meeting both social and business made the convention a t~rrific success, Obviously our manager commands the respect and admiration of all the elected and appointed officials of the Commonwealth. Xn my opinion, we are ~ery fortunate to have'the services of such a talented city manager and he should be commended and congratulated for the important role he played as the president of the Virginia Municipal League. X am, Most cordially yours, $/ Robert A. Garland Robert A. Garland" Dr,-Tayior.moved. tbot ~he_~emmanlcation be received and filed end that a cop~ be transmitted tb th~ City Manager, The motion mas seconded by Mr. ~heeler and unnnimously adopted. CITY cLERK-CITY ATTORNEY-CITY ADDITOR-MUNICIPAL COURT~ The City Clerk reported that Miss Virginia L. Shaw bas qnulified ns City Clerk. for a term of tmo years beginning October 1, 1970; that James N. Kincanon has qualified ds City Attorney for a term of two years beginning October 1, 1970; that J. Robert Thomas hud/ qualified as City Auditor for a term of two years beginning October 1, 1970; that George B'. Dillard has qualified as a Judge of the Municipal Court for a term of fourl years beginning October 1, 1970; and that Beverly T. Fitzpatrick has qualified as i Chief Judge of the Municipal Court for a term of four years beginning October l, 197( Dr. Taylor moved*that the qhalifications be ~eceived and flleb. The motion was seconded by Mr, Wheeler and unanimously adopte~. There being no further businesl, Mayor Web,er declared the meeting adjourned. APPROVED A~TEST: / City Clerk Mayor II , .. COUNCIL, REGULAR MEETING, ,, Monday, October 12, 1970, The Conncil of the City of Rosnoke me~ i~ reSular meeting in the Council Chamber 1~ the new R~nicipaI RallYing, Monday, October 12, lgYO, at 2 p,m** the regular meeting hour, mlth Mayor Me~ber presiding, PRESENT: Councilmen Robert A. Garland, David M. Llsk, Noel C. Taylor, Hampton M. Thoma~, James O. Trout, V~ncent S.~Mheeler and Mayor Roy L. Mebber ..... ?. Afl~EMT~ None .............. ~ ......................... ~ ........... O. OFFICERS PRESENT: Mr~ Byron E. Hamer, Assistant City ~anager, Mr. H. Ben Jones, Jr., ~ssistaa~ City Attorney, and Mr. J. Robert T~ouas, City Auditor. I~VOCATIO~: Th~ meeting'mas opened mith a prayer by Dr. Noel C. Taylor, Member of Roanoke City ~ouncil. MINUTES: Copy of the minutes of the regular meeting held on*Monday, September'14. 1970. bavi.5 been fu;aishedeach me.bJr of CounJil, o~motion of Mr. Llsk, seconded by Mr. Trout ~nd unanimously adopted, the r~ding t~ereof mas dispensed mith and the minutes approved as recorded. HEARING OF ClfIZENS UPON PUBLIC MATTERS: FAMILY SERVICE-TRAVELERS AID: Mr. Albe~t L. HarrJett, Executive Director Family Service - Travelers Aid of Roanoke Valley, appeared before the body and re- quested that Council adopt a Resolution endorsing a proposal for a demonstration project anti*ladY'Protective SerVice for the Aged,' advising that Family Service - Travelers Aid of Roanoke Valley has made application for Urban Assistance Incentive Funds to partly support the three year project, that the Organization is not asking for local funds, but that the Division of State Planning and Community Affairsis requiring that a lo,al'governmental body endorse the project. Mr. Trout moved that the matter be referred to the City Attorney for pre- paration of the proper measure endorsing the project. The motion *mas seconded by Dr. Taylor and unanimously adopted. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: A commanidation from the Appalachian Power Company, trans- mitting a list of street lights installed and/or removed during the month of September. 1~70, was ~efore Council. Mr. Ltsk moved that the communication be received and filed. The motion mas seconded by Mr. Thomas and un.animously adopted. SCHOOLS: A communication from the Roanoke City School Board, releasing the London ~lementary School to the City of Roanoke and proposing to remove lighting fi~tnres, maker fountains and other equipment currently in said school for future us* in other schools share needed, ~as before Council. Mr. Llsk moved that the communication be taken under consideration. The motion ma~ seconded by Mr. Trout and unanimously, adopted. I19 REAl. TM DEPA~TBENT: Copy of a communication from Dr. Rilllam S. Allertont Commissioner, Department of Mental Rygie~: and Hospitals, transmitting ~orrant No. 0011836 ia the amoant of $14,807.00, representing the first quarter payment of the State Grant to the City of Salem under Chapter 10, Sections 37.1-194 - 37.1-202 of the Stat~e~ of ¥1r~ioie ~nd funded bi Item 4~4.2 of the Appropriations Act to'he used by the Roaooke Yalley Commnoi&y Rental Bealth and Rental Retardation Services Board is accordance mith its approved programs, was before Council. Hr.'Trout moved that the communication be rmcefyed and ~lled. The motion was seconded by Hr. Garland and unanimously adopted, S~LE OF p£OP£RT¥: A communication from irs. iamle fl. Badsoo, offering to purchas~ city-omned p~opert! descflb ~d is Lot 1~, Block 1, Tompkins iap,'Official TJx No. 4~23016, ~or the sum of $300,00, mas before Council. Hr. Trout moved that the offer be referred to a committee composed of MessrS. David K. Lisk, Chairman! Julian F. Hirst, James N. Kincauon and J, Robert T~omas for study, ~eport and recommendation to Council. The motion was seconded by Hr. Garland and unanimou~ly adopted. REPORTS OF OFFICERS: PAY PLA~-CITY ERPLOYEE$~ Council having directed the City Attorney to pre *pare the proper measure providing for t~e holding of an election by Public Service Employees Local Union No. 1261 on ~lty property to determine ~hether or not city employees wish to be represented by Local Union No. 1261, the Assist a~ City Raoager submitted the following report of'the City Homager transmitting certain questions relating to the proposal'and its procedure upon wJ~h determinations need to be 'Roanoket Yirglnia October 12, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The City Council has before it at ~his meeting a Resolution which the Council directed be prepared at the request of the AFL- CIO to permit the use of City property for the union to conduct an election among City employees in regard to'the Union. lhere are certain questions relating to this proposal and its procedure upon mhich de~erminations need to be made. Undoubtedly, there are other questions but these occur im~ediately to mind. , The quit ions relate to t~o factors: (1) the property still is under jurisdiction of the City Council and certain rules should be applied, and (2) as it is. anticipated the AFL-CIO ~lll promptly bring to the City Council any resulti of the election, the City Council should have some ground rules about mhat it will be getting before it . The follostng questions are submitted to the City Council. A decision by the Council on each one is felt to be necessary. Agreement between the City Council and the Union on these should be a condition to any election aid should preferably be obtained prior to approving the pending Resolutioo. As a first step, it is suggestid thatthe City Clerk send this list to the AFL-CIO for reply. 1. Mhat'classes of employees are proposed to be voted? 2. Is there agreement that all or those classes voting mill be combined in the voting and the tally, without divisions - of classes? · to he voted? 4. Is there agreement and understanding that there be no segre= ga*ion in the voting oF tallying as to departments, divisions, officest'etc? Xn other, motst there ls to be *nil one final rote, official, unofficial, formal or informal and the decision affects or does not affect ali units particlp~ing ia the balloting. 5. Gan the Union assure that only bona fide City employees will vote and that no outsiders will be all*ned in the voting? Row many polling places will be authorized by the Council? Recommendation: The smaller the number the better organized the election, with only one being preferable0 provided suffi- cient booths that no malt~ng in line. 7. Can the Union assure that the employees mill ~t be intimidated during the process of voting? Can the Onion assure that the employee will be fully and freely able to mark his ballot Jn absolute sect*cay and then personally place his ballot In a box wherein the ballot cannot be identified with the voter? Recommendation: In 7 and 0 the City bas a moral responsibility to its employees that they be falrly subjected in any mat%er In which the City has a part. 9, Is it confirmed that the voting will be conducted after normal work hours? 10. Is 'it confirmed that the voting will be all conducted at only one time?. That is to say that the Onion will conduct its eight or ten days° 11. Mhere will the voting booths be situated with respect to Recommendation: That the booths be not closer than 25 feet from such points or routes and that union representatives and their agents be prohibited from f~erferingt' in any way, vocally or physically, with the ingress and egress movements of 12. How much s~ up time is to be allowed the Onion prior to the commencement of balloting? 13. ~ill Union officials and representatives be permitted on City property or wlthin uork'oreas for the purpose of campaigning and promoting the election? Recommend: That this not be permitted. 14.Will City Council place and the AFL-CIO be acceptable to the following restrictions: ag Only one poster announcing the election be posted at any one city property location and that poster not exceed 3 feet in width or 3 feet In height. city motor or vehicular equipment. 15. Is it intended that the Union, its employees, associates ordinances as apply to persons using the public streets and ways? ~ecommend: That this be the intention nod confirmed. ShoUld other Items for answer arise they will be reported to the City Council as promptly as prnctknl, Respectfully submitted, S! Ju)ian F. Rirst Julian F, Nits, City Manager" Afte~ a discussion of the nntter, Hr. Llsh moved, that the questions con- tained ia tho report be referred bach t~ the City ~aoager to be handled administrati The motion was seconded by HFo Thomas and unanimously ad~pted. In this connection, Hro R, R. Myerno C0nsultant,.Public $~rvice Employees Local Union No, 1261, appeared before the body and requested that a small change be made in the proposed Resolution relating to the wording in the ball~t. Hayer Webber pofnt~d out that the ballot i~ tho proposed Resolution is worded Just as Hr. Robert W. Aherst Business Wanagert and Hr. Arnold. Schlossberg, Attorney, representing Local Onion No. 1261 requested it to be done. Hr. Thomas then offered the following Resolution permittin'g the vote of certain public employees to be taken on pblic property on whether or not they wish to he represented by Public Service £~ployees Local. Union No. 1261: (m193§0) A R£SOLUTION permitt.ing the vote of certain public employees to be taken on public property. (For full text of Resolution, see Resolution Book No. ~4, page 47~.) Hr. TAomas moved the ~doption of the RescOution. The motio~ was seconded by Or.' Taylor and adopted by the following vote:~ AY£S: Messrs. Linke Ta~lort Thomas and Hayer Webber ..... ~ ......... 4j NAYS: Messrs. UaFlandt Trout and Wheeler ........................... ~. POLIC£ D£PAItTH£N~; Council having directed the City Attorney to prepare the proper ~easuro auth~rizing members of the Clvll~lnn Police to carry firearms and to be under the general supervision of the City Manager,~ the As sist~ City Hanager submitted the following roper, of the Cit~ Naoager advising that th~ pr~o~ed Ordinance refers to the C~vilian Police as Aux~liar~ Police and its general purpose, autboF]t~ and lJabJ]it~ conditions are oriented to state legislatio~ provisions: 'Roanoke, Virginia October 12, 1970 Honorable Ma~or ~nd Cft~ Council Roanoke, Vlrginl~ On August 3It 1970t recommendation was made to t~e Git7 Council for a r~vision in the ordinances, rules and re~ations for the clviliah police organization to permit, The Cft~ Council dfre*c~ed the preparation o~ appropriate ordinance to this purpose, Thoro'is forwarded u~th this Agenda an ordinanco propared b~ the Clt~ Attornoy which mould mak~ Zlrearus permissive. The ordinance r~vises in several other places the existing cod~ section tn order to adapt the authorit~ [23 of end for' the Civilian, Police' orgati~atiok'~to recent Vlrghla legislation authorizing the InstitUtion la. locdlties of auxiliary police.~ Therefore the sew=and recommended mdc ' section refers to the organization as auxiliary police, and its general purpose, authority and liaiblity condltibns~are oriented to State legislation provisions. It is recommended that this ordinance be adopted. The City Council by Resolution No. 175§$, May 29, 1967, with amendment by Resolution ~o. 17746, September 290 1967, approved certain rules and regulations promulgated by the City Manager for the conduct and organization of the Civilian Police. These rules and regulations will now have to be adjusted to this ordinance nnd such will be done and broug~back to the City Council at a later date. Respectfull! submitted, S~, Julian Fo Hirst Julian F. Hirer City Manager" Mr. Lish moved that Council concur in. the report of the ~ity Manager and that the proposed Ordinance be adopted as an emergency measure. Mayor Webber expressed the opinion that the Ordinance should be placed on its first reading Just as it was written by the City Attorney. Mr. Llsk advised that the members of the Civilian Police have been waiting a long time for the adoption of such an Ordinance authorizing them to carry firearms and that it' is a matter of courtesy for Council to make the proposed Ordinance effectively immediately. Mr. Link then offered the following emerqenc¥ Ordinance: (n'19351) ~N ORDINANC£ to amend and reordain Sec. 10. Civilian Police; promulgation of rules and regulationst Chapter If Title Xl of the Code of' the City of Roanoke, 1956f as amended, providing for the establishment, supervision, training and assignment of duties of an auxiliary police force for the City of Roanohe, under the general supervision of the City Manager; and providing for an emergency. (For full text, see'Ordinance as recorded in Ordinanc~ Book ~o. 34, page Mr. Line moved the adoption of the Ordinance. The motion was seconded by Mr. ~arland and adopted by the following vote: AYES: Messrs. Garland, Liskt Taylorf ~homaso Trout and Wheeler ........... NA~S: Ma~or ~ebber ...................................................... STATE ~IGIIWA~S: Th~ Assistant City Manager submitted the following report of the City Manager recommending that the Orange Avenue (Route 460) Project extendin~ from Interstate Route 581 to 12th Street, ~. E.f and the Orange Avenue Dlversio~ Seu~ Project be advertised for bids aa a single project with separate quantities and unit "Roanoke~ Virginia October 12f 1970 Honorable Humor and City Council . Roanoket Virginia Co.lemon: -At~your, last~m~ettogi~by~rosolutlooo~-you~approved~the:pre~. oedore u~th thln~ highway p~oJect,~ Also you approved the laolusion within tbe.~mtract of. the louer:lkg~ and reloootlpg of · 12-inch' mater main, There is to he codstructed simultaneously with the proJec~ the Orauge Avenue.diversion sewer, -This ~s a major project under the 19G? capital' Improvement program, Tb~e has been · great deal of coordination with the' Highway Oeportment os to the relatioAship of this sewer construction with the highway All-copcerned have come to the cao~uslon that this also would bo~bes~ bandied wader the prime highway contract. One factor having bearing is that the proposed diversion'sewer is immediately adjacent to and at a lamer elevation than the proposed new box storm drain ~lvert which would extent from Tinker Creeh up to Wllllamson Road. The difficulty of two separate contr~tors working side by side under such conditions are renounced. This factor also could affect bidding as each contractor Mould have to anticipate the conflkt of working against the other. Federal aid will he ~sed on both, the highway project and the sewer project and there has been proposed to the Highway Department, and it is acceptable to them, that both the Highway project and the sewer project he adrertlsed as a single projectt with separate quantities and uoit costs itemized for the sanitary sewer construction. We recommend that you request the ~ity Attorney to prepare the proper resolution indicating your m~urrence. Respectfully submitted, S! Julian F. Rlrst Julian F. Hirst City Manager~ Dr, Taylor moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (r1~352) : A RESOLUTION requesting the Commonsealth of Virginia, Department of Highways, to lncor~ornt~ into the plans of the Route 450 Project C-502, aW-202, provisions fo~ the construction ~f the Orange Avenue Sanitary Dlversl~ iSewer, Projec% No. It DiviSion II, as shown on plans prepared by Hayes,' Sway,' Rat*era ~ Ma*tern, 'along Route 460 (Orange Avenue), beginning at Interstate 5HI and ~xteoding Ito 12th Street, N. R., the entire cost of ~hfch is to be reimbursed by the City to said Department of Highways. (For full text of Re'gin*ion, see Resolution Book No. 34, pag~ 479.) Dr. Taylor moved the adoptio~ of the Resolution. The motion was seconde~ by ~r. Wheeler and adopted by the ~ollo~ln~ vote: : AYES: Messrs. Garland, Liskt Taylbr, Thomas, Trout, Wheeler: and Wayor ~ebber .....................7. NAYS; None ....... O. SEWERS ~D STORM DRAINS: ~e ~ssi~tant City Manager submitted the followi~ report of the City Wanager recommending that he be authorized to enter into contract sith Lose and Halson Plumbing and ~eating Corporation for certain revisions to the piping and the inst~ll~tion of a pre-snubber in the air blower system at the Sewage Treatment Plant, in the amount of $1,140.00: ...... , "Roanoke. Virginia - · October 12. 1970 Honorable Mayor and City Council' R~anoke, Virginia Gentlemen~ $1nce'tke.in~tnllntlom'of thenlr blower.equipment at the sewage treatment plant~'nome'prbblem has prevailed as to the installation, and inclusion of-certain equipment, This is u rather involved matter, difficult to abbreviate but it rea~ttes~to vibratlbns ia the blower. The supplier of the equipment provided an itnm*hnomn us n pre-snubber for installation in, front of the blower silencer, This particular Item wns'svpplled at the same time other equipment was furnished but apparently no installation dmingn were submitted and the contractor proceeded to install without the addition of this item. The absence of the item mas the resulting causes Of vibrations which have been a hindrance to the use of the equipment. There have been many conferences between the City*s consulting engineer, the contractor, and the equipment suppliers as to how the r~ulting condition occurred. is rery difficult to determine and pinpoint an~ specific · responsiblllty~ It is felt that the best conclusion to the matter would be for the City to pay to have the mcessary changes made in the air blower pipe so that the piping could . . confo. Fm to the intended design requirements. Ne have a proposal from Lawn and Nelson Plumbing Corporation in the amount m~ $1140 maximum cost for furnishing labor and material to make the requested changes to instait the pre-snubber. · Xt is recommended that Council favorably act on an ordinance as prepared ~y the City Attorney which would enable the proceeding-with this work. The advice of the City Auditor as availability of fnnd$ within the sewage Respectfully submitted, $! Julian F. Hirst Julian F. Hlrst City Mann§ern Mr. Trout moved that Council concur in the recommendation Of the City Manager and offered the following emergency Ordinance: (~19~53) A~ ORDXNANCE authorizing certain revisions to the piping and the installatim of a pre-snubber in the air blower system at the City*ts Sewage Treatment Plant, upon certain terms and conditions; and providing for a~ emergency. (For full text of Ordinance, see Ordinance ~ook Nc. 34, page 490.) Mr. Zrout moved the adoption of the Ordinance. Thc motion was se~flded by Mr. TAomas and adopted by the ~ollosing ~ote: AYe: Messrs. Garland, Llsk, Taylort Thomas, Trout,, Nheeler and Mayor Webber ....................................... 7. NAYS: None ........................O. HOLXDAYS-CXTY EMP~OYE~: The Assistant City Manager submitted the ~ollo~ r~port of the City Manager recommending that Title II, Chapter 3, Section il (b) of-The Code of the Cit~ of ~oanoke, 19'5~ as amended, be amended to conform to the neu Monday Holiday Laws passed by the Federal Government ~nd the Vtrgl~ia Legislatur to become effective January 1, 1971: 'Roanoke, Virginia October 12, 1970 Honorable Mayor end City Council Ronudee, Virginia Oentlemes: : The new Monday Holiday laws panned by the Federal government end the Virginia Legisl~ture will be Jn effect in all. but five states on Jsnusry 1, 1971. These new provisions will effect'the day Of observance for two city holidays in the year 1~i, ~asbingtoaSs Birthday will be observed by law on February 15e 1971t the thkd Monday, and Memorial Day'will be observed Mondnye May 3is 19~1. It is- considered it would be advaatogeous to revise Title 2, Chapter 3, Section Il (R) of the City Code to conform to the new requirements and it is recommended the matter be referred to the City Attorney for submission of appropriate draft of a rerisiOno Respectfully submitted, , S! Julian F. H~rst Julian F. Hlrst City Manager" Mr. Thomas 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. Llsk and uannimously adopted. CIHCU$£S-CARNIVALS-AUDITOHIUM-COLISEHM: The Assistant City Attorney submitted the following report recommending that Title XXIII, Chapter 6, Section 6, of The Code of the City of Roanoke, 1~56, as amended, be amended to permit the con- ducting of shows, carnivals, circuses, and like exhibitions in the Rom *ko Civic Center: ~October 12, 1970 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Gentlemen: Recently the undersignedOs attention was drawn to the fact that the prorisioos of Sec. 6. Carnivals, circuses, shows, etc., cf Chapter 6, Miscellaneous Offenses, Title XXlll of the Code of the City of Roanoke presently make unlawful the coneucting of any show, carnival, circus or like exhibition at ony~plnce in the City limits within a circle described by ~ radius of four thousand five hundred feet from a point at the · intersect,ion of Jefferson Street and, the ~orfolk and Western Railway. In order that such shows be able to be lawfully conducted at the Roanoke Civic Center the able section should. be amended so as to except from the provisions thereof the Civic Center and grounds adjacent thereto. Accordinglyt, there Ass been, drafted, and t~ transmitted herewith a form of ordinance for the Councilts recommended adoption mhleh would amend said section so. as to allow the conducting of such shows at the Roanoke Civic Center. Respectfully, S/ H.l~en Jones, Jr. ms.ss Mr, Llsk moved that Council con~ur'ln the recommendation of the Assistant City Attorney and offered the follouing emergency'Ordinance: (e19354) AN ORDINANCE amending Sec. b. Catalysis. circuses. etc,, Chapter 6, Niscellnneog~ Offenses, Title XXllI, Misdemeanors and Offenses of the Code of the Glty of Roanoke, 19560 as amended, so as to permit the conductin, of shows, carnivals,- circuses and like exhi~tions at the Roanoke Civic Center; and providing for an emergency, ~ (For full text of Ordinance, see Ordinance Book No. 34, page 450;) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the lolloming vote: AYES: ~essrs. Oorland, Llsk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ....................... ?. NAYS: None ...............O. AUDITS-SCHOOLS: , The City Auditor submitted a written report on an examination of the James Brecklnrldge Junior High School Activities Fund for the school year ended June 30, 1970, made by the firm of Drown, Edwards and Company, Certified Public Accountants, under the direction of bis office, advising tbatthe report states that it presents ·fairly t~e financial condition of the fund at the end of the audit period. ir. Rhe~ler moved that the r'eport be received amd filed. The motion - REPORTS OF COMMITTEES: NONE. · UNFINISHED BUSINESS: NONE. , CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORI~A~CES AND RESOLUTIONS: CITY ATTORNEY: Ordinance No., 19345, amending and reordaining Section S Assistant City Attorney. Cha~ er 7, Title Il, of The Code of the City of Roanoke 19 as amended, to provide for the employment of three Assistant City Attorneys. having 'previously been before Council for its ~irst reading~ read and laid over. mas again before the body, Or. Taylor offering the following for its second reading and final adoption: ' (nlg3ds) AN ORDINANCE to amend and reordain See. 5. Assistant Cltl Attorney, Chapter ?, Title II of the Code of the Cltl of Roanoke, 1956, as amended, (For full text,of~Ordinance~see Ordinance Book No. 34, pa~e 476.) · . Dr..Taylor moved the adoption of the Ordinance. The motion was second. ed by Mr. Trout and adopted by the folloming vote: AYES: Masers. Garland, Li~k, Taylor, Thomas, Trout, ~heeler and Maybr Webber ..........................?t NAYS: ~one .......... O. BUDGET-$CBOOLS~ Council having directed the City Attorney to prepare the proper meosore omending and reordahing certain sections of the 1~970-71 Appropri- ation Ordinon?et tp provide funds to offset the cost of alterations to the Booker T. W,kshingt.on Jnolor ~igh Sohool. t B,r, Llsh offered the ~ollowing emergency Ordinance: (#1935§) &~ ORDIN.ANC£ to amen,d and reordain certain a~ctions of ,t.he 1970-71 Appropriation Brdinanc~, and providing fo~ an emergency, (For full text of Ordinance, see Ordinance Book No,, 34, page 4~81.) Mr. Link ~oved the adoption o~ the Ordinance. The motion mos seconded by Hr** Thomas and a~opted by the folloming ,vote: AYES: Messrs. Garland, Linke Taylor~ Thomas~ Trout, Wh.eeler and WaTor Webber ............. ~ ........ NAYS:,~e---, ...... ~0. BDD~£T-SXDEWALK, CURB AND GUTTER-FEDERAL P~ OFFiGE: 6ouncil having directed the Glty Attorney to p~epate the .p~oper measure apptovin~, the issuance of a chan~e order to the ~out~act wi~h H. 6 S. ~onstru~t{o~ 6ompany for the of concrete curb and o~tter and concrete sidewalks at rations lo~ations in the Gity of Roanoke for the total m~n of $24tgBB.~5, to p~ovi,de for, the construction of side- walks by said contract alon~ three side,s of the Ro~ oke, Post O~ioe and Fedora{ Goutthouse Buildino ior an additional sum oi $13,13{.56, the Assistant git{ Attorney presented same; whereupon, Mt. Lisk offered the following Re~olution; ({1~356) A R~OLUTION apptovin9 the 6ity Man~ et's issuance of a order In connection with the ~lty'~ contract for the construction, of sidewalks In v~rlou{ parts of the 6ity, heretofore a~thptized by Ordinance NO. 19340. (For full text o~ Resolution, spa Reso.iut~ Book Wo. 34, p~Oe 402.) Mr. Link moved the adoption, of the. Re~ution. {he motion was seconded by Mr. 6{tlnnd nod adopted by the follosino vote: AYES: Messrs. Garland,, Lisk,.Taylo~, ~homam, Trout, Wheeler and M~ or Webber ...................... ~. . . : NAYS: None ......... O. In this connection~ Mr. Lisk offered the following energenc~ Ordinance appropriating $13,137.56 to Maintenance of Buildings 6 Propert~ pnde~ Section "Street Construction," of the 197~71 budget, to provide additional funds In connec- tion with the proposed sldewal~ construction: (~19357) ~ ORDINANCE to amend and reordaifl Sectio~ ~87, ~'Strpet Construction,~ of the 197~71Appropriation~Ordinance, a~d providi~ for an emergent (For full text of~O ute, see Ordinance Book No. 34,.page 483.) Mr. Link moved the adoption of the Ordinance. The mot~ was seconded b Dr. Taylor and/adopted by tBe following vote: ~YES: Messrs. Garland, Link, Taylor, ~ho~as, Trout, Wheeler and Mayor Webber ...........................~. : NAYS; None ........... SL~ERS AND ~TORM DR~MS:' Council having directed the City Attorney to prepare the proper weosure accepting the proposal of Hudgins ~ Pace, Contractorl, for the construction ~f ~ stern'drain o~ S°mers~t Avenue, S.H.~ northeasterly frow Avenhn Avenue to the termination of Somerset Aveoueo for the sum of $75,37g.00, ~.e Assistan City Attorney presented same; whereupon, Mr. ~heeler offered the foilowing emergency Ordinance: (m1935§) AN ORDINANCE providing for the construction of a new stern drain on Somerset Avenue, S.~., upnn certain terms and conditions, by accepting a certain bid made to the City, rejecting ~ertain other bids; and providl~ fo~ an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 4~3.) Mr.,Hheeler moved the adoption of the Ordinance. The motion was seconde~ by Mr. Thomas and adopted by the follouiag vote: AYES: Messrs. Garland, LIs~, Taylor, Thomas, Trout, #heeler--~---~6~ ' MAYS: Mayor Webber:r-- ............................~ ................ 1. SEWERS ~BSTORM BRAINS: Council having directed'the City Attorney to prepare the proper measure accepting the proposal of A~roa J. Conner, General Contrac tot, Incorporated, for the'con~truction of a storm drain in the Bluefield Boulevard, SoM~, area, for the sum of $6~,032.12, the Assistant City Attorney presented same; whereupoo, Mr. Link offere~ t~e f~llowing emergency Ordinance: (~19359) AN ORDIMANCE providing for the construction of a new storm drain on Bluefi~ld Boulevard, S.Wo, upon c~rtain terms and conditions by accepting a certal~ bid made to the City; rejecting certain other bids; and providing for au emergency. IFor full text of Ordinance, see Ordinance Book Mo. 34, page ~4.) Mr. Link moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, wheeler and Mayor NAYS: None~O. In this connection, Mr. Wheeler offered the following emergency Ordinance,transferring $14,682.12 from the Sanford-Brandon Avenue storm drain proJecl to the Bluefield Boulevard storm drain project under Section ~Sg, ~Transf~ to Capita Improvement Fund," of the 1970-71 budget, to provide additional funds in connection with the cmstruction of a storm drain in the Bluefield Boulevard area: (a19360) ~ ORDIN~CB to amend and reordain Section ~89,'"Transfers to Capital Improvement Fund," of the lg?O-?l Appropriation Ordinance, and proyld~g for au emergency. (For full text of Ordinance, see Ordinance Book Mo. 34, page 4~5.) 129 Mr. Mheeler moved the adoption of the Ordinance. The no~lon uaw seconded by Mr. Trout nnd adopted by tke following vote: AYF~: Messrs. Garland,~ Llsk, Ta~lor, Thomas, Trout, iheel~ and Mayor Mebber .......................~- ---7. ~A~s: ~oae O. SALE OF PROPERTY-HOUSING-SLUM CLEARANCE: Council having directed the City Attorney to prepare the proper me~$ure ~thorlaing nc~ providing for the sale ahd c6nveyance of seven parcels of land to City of Roanoke Redevelopment and Housing Authority, upon certain terms and conditions, the Assistant City Attorney presented same; whereupon, Mr. Llsk moved that the following Ordinance be placed upon its first reading: (m1936i) AU ORDINANCE authorizing and providing for the sale and conveyance Of seven parcels of land to City of Roanoke Redevelopment and HOusing Authority, upon certain terms and conditions. RHER£AS, City of Ho~oke Redevelopment and Housing Authority dido under date of April 23, lgYO,'reqn~t that the City sell and convey to said A~thority the property hereinafter mentioned, needed by said Authority In assembling the necessary and for its Kimball Redevelopment Project (Project No. Va. R-4~)o said Authority ~dvising the City that recent appraisals made of the value of the lands hereinafter described indicate their aggregate value to be 1~.,15~.00, which amount would be ;redited to the City as a part of its obligation toward said project; and MH£HEA~, the City Manager has, by letter dated October 5, 1~70t .ecom~ea~ed that the he~ei~e~ter described ]~nds be ~ve~ed to sat~ Authorl~, they not being held by theory ~or any o~ its public purposes, for the nominal considera- tion of one dollar cash plus credit to the City of the sum o~ $102,150.00 toward its obligation for said Kimball Redevelopment Project, upon the terms and conditions herein provJded~ in all of which this Council concurs. THEREFORE. BE XT ORDAINED by the Council of the City of Roanoke that said City does hereby offer to sell and convey to City of Roanoke Redevelopment and Housln9 Authority the following described ~ven parcels of land: KIMHALL REDEVELOPMENT OFFICIAL PURCHASE PROJECT TAX NO. PRICE Parcel 3-8 3020807 3020808 3020809 $ 35,000 3-17A 3020874 350 5-1 3021511 3021517 4,000 5-6 3021505 275 6-4 3022109 275 12-BI 3012308 * 3011720 61.700 21-1 3012116 55Q $ 102,150 uith special usrraaty o~ title for the no~lnnl consideration of ONE DOLLAR ($1.00)o cash, paynble to tie Cry upon delivery of its deed of conveyance thereto, snd for the additional consideration that the City be credited in the sum of $102,150.0~ toward its obligation for the cost of the Kiwbnll Redevelopment Project, such conveyance to be made subject to any and nil easements, conditiols end restrictions of record affecting the title to ·said l~rcels of land. BE IT FURTHER ORDAINED that, the proper City officials be, and they hereby authorized and~rected to execute such deed on behalf of the Civ as is necessary to transfer and convey to said Authority the tide to the aforesaid properties,,such deed to be made upon such form ns is approved by the City Attorney, and, upon its execution and acknowledgement the City Attorney shall be and is hereby autho*lzed to deliver said deed to City of Roanohe Redevelopment and Housing Authority its authorized attorney or representative. HE IT FURTHER ORDAINED that the City Clerk do forthwith transmit to City of Roanoke Redevelopment and Housing Authority an attested copy of this ordinance as evidence of the offer herein contained. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout. Kheeler and Mayor Nebber ............................... 7. NAYS: None ............. O. U. S. S. ROANOKE-AUDITORIUM-COLISEUM-PARKS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure expressing the will- ingness of the City of Roanoke to accept from the Department of the Nary certain articles of historical inten~t from the cruiser USS ROANOKE for suitable display at various locat ions in the City of R~noke, the Assistant City Atto~ey presented same; whereupon, Mr. Trout offered the following Resolution: (~19362) A RESOLUTION expressing the City's willingness to accept from the Department of the Navy certain articles of historical interest from the cruiser USS ROANOKE for suitable display at various locations in the City. (For full text, see Resolution in Resolution Book.34, page 486.) Mr. Trout moved the, adoption of the Resolution. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Link, Taylor, Thomas, Trout. Rheeler and Mayor #ebher ..................... 7. NAYS: None .......O. SCHOOLS-STREETS AND ALLEYS: Council having directed the City Attoney prepare the proper measure authorizing the dedication by deed, for public street purposes only, of a strip of land, 25 feet in width, owned by the City of I~anoke and located adjacent ~ and to the northeast of Ferncliff Avenue in Roanoke County to Maury L. and Sheila S. Strauss, upon certain terms and conditions, the Assistant City Attoney presented same; whereupon, Mr. Trout moved that the following Ordinance be placed upon its first reading: (a19363) AN OHDINANCE outhcrlz~g tbe dedication by deed. for public street purposes only. of a strip of land. 25 feet lu width, owned by the City and located adjacent to and to the northeast of Ferncllff Avenue in Roanoke camry, upon certain terms and conditions. WHEREAS. in order t~nt suitable access to certain property located to t~ northeast of the land upmwhich William Ruf[n~r Junior High School and William Flewln High School are situate be obtained. Mr. Uaury Li Strauss has heretofore petitioned the Council for the'dedicatlon.'for public street ~urposes only. of a strip of land approximately 25 feet in width and approximately 795 feet In length, presently owned by the City end being located along the southeasterly line of the property ~resently used for the aforesaid schools; and WHEREAS. the School Hoard of the City of Roanoke has no present use for such land for school purposes, and has approred the dedication of same as requested by the petitioner; and the Planning Commission of the City of Roanoke end the Hoanok~ County Planning Commission have approved the dedication of such strip of land as )roposed by the petitioneu and this Council is agreeable to the ded~ation of such ~trip of land as proposed ;by the petitioner, and this Council is agreeable to the dedication of such land upon the terms and conditions hereinafter set forth. THEREFORE. BE IT O~DAINED by the Council of the City of I~noke that the Mayor and the City Clerk be, and they are hereby, authorized and empowered to seal and attest, respectively, a deed of dedication, approved as to form by the City Attorney, by which the City would dedicate to RSanoke County. for public street purposes only, a strip of land approximately 25 feet in width and approximately ?95 feet in l~ngth, located adjacent to end to the northeast of Ferncliff Avenue in Roanoke.County, and shown in detail on a plat made by David Dick and Harry A. Nail, Civil Engineer and Surveyor, under date of June 1, lg?O, such deed of dedication to contain adoqaete rever~er provision approved by the City Attorney; and such deed of dedication to' be d~ltvered for recordation slmhltane~usiy witb~the recordatkn b~ deed 9r map 9f an adjoining35-fooi wide str'ip of l~nd,:the two strips of land together to comprise a ne~'publi~ ~reet ~0 fee~'in'width and leadihg from the north- east line of Fern~liff Avenue ~o the property' p~sently omn~d by Maury L. Strauss. BE IT FURTHER ORDAINED that' ~he City Clerk do transmit an attested copy of this ordinance ~o fir. Maury L. Strauss. The motion was seconded by ~r. Thomas, and adopted by' the following vote: AYES: Hessrs, Garland, Lisk. Taylor. Thomas, Trout, ~heeler and Mayor Mebber ......................... 7. NAYS: None .......... O. · BUDGBT-CITY MANAGER: Mr. Trout offered the following emergency OrdJnan appropriating ~1,768.00 to Personal Services under Section s3, "City Monager", of the 1970-71'budget, to prove funds to increase the salary of the Assistant City #anoger frow $1,232.00 per month to $1.460.00 per month, effectfve October 16, 1970: ~nl~364) A~ce~t~qN(~mane~imnJ reordain Section n3, "Manager,' of the 1970-7] Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 34, page 486.) Mr. Trout moved the adoption of the O~dinance. The motion mas seconded by Dr. Taylor and adopted by the following vote; AYES: Messrs. Garland, Lisk, Taylor, Thomas. Trout. Mheeler and Mayor ~ebber ................ NAYS: None ........ O. ROTIONS AND MISCELLANEOUS BUSINESS: COUNCIL-CITY GOVERNMENT: Mr. Gbrland,presented the roll'ming communi- cation suggesting and recommending that the membora of Council set aside a complete day approximately three or four times a year to tour and inspect numerous projects currently under construction as well as departments and facilities of the City of Roanoke: "B October 1970 Mayor Roy L. ~ebber and Members of Roanoke City Council gentlemen: Inasmuch that we are called upon weekly to vote· on appropriations for various projects, installbtions or departments throughout the city, I think that it would behoove each of us to familiarize ourselves to the fullest extent possible with the actual physcial facility an'well as personnel involved. It would therefore be my suggestion and recommendation that council an a group set aside one complete day approximately three or four times a year to tour and inspect the numerous projects currently under construction as well as other departments and facilities of the city. In this manner we could m~t the department heads as well as other persomel. This would, quite naturally, give all of us a much clearer prospective and be~ter understanding of the various operations. Then to. I believe that it would improve our image with our employees as well as the general public that we are concerned. The itinerary and route could be arranged by Mr. Birst and of course he and Mr. Boner would accompany us ga this tour along with any other personnel necessary to give us suitable explanations. A vehicle, such as a bus that could accommodate the t~ty ahould be made available. The tour, of course, would be open to the news mgdia, I realize that each of us are busy meg but we would derive many benefits from such a tour as well as having a more complete knowledge of the complexities of the operation of our municipality, In some instances we are called upon tb appropriate many thousands of dollars without ever having even seen where the money is going to. I hope that the council will ansider this proposal and chmse a date in the near future that sill be convenient to aB concerned. Thanking you, I om, Most cordially yours, S/ Robert A. Oarland Robert A. Garland~ '.1.33 Mr. Garland moved that Council Cmcur ia his recommendation. The motion 'as seconded by Mr~ Trout nnd unanimously adopted. PLANNING-POLIC£ DEPARTMEBT-JAIL: Mr. Thomas presented the following prepared statement in co~uectiae with providing adequate Jul! end court facilities for the City of I~nnohe: *TO: Mayor end aounoke City' Council - October 12.~ 1970 FROM: Councilman Bawpton'M. Thomas'' · '' ' RE: PropoSed ReSoiUtl~n to'Provide Adequate JOll~and Court Facilities for the, City of Roanoke Being fully aware of the old adage 'Fools rush in where angels fear to tread'. I nevertheless feel us a member of Roanoke City Council that I have u duty to express my teoughts and suggestions regardhg the pressing setter of this Council committing itself to provide adequate Jail and court facilities for the City of Roanoke. This Council has had an opportunity to review the various preliminary plans submitted by our consultents,+Buyes, Seoy, Mattern and Mattern, es expressed in their report dated Septmber, 25. 1970. Additionally, Council has received various suggestions for renovation of existing Jail and court facilities from individual members of Council, the City Manager and other interested parties. The two items most lacking in local government today are adequate money andeffective communication. The current status of the matter of inadequate Jail and court facilities ia the City of Remake can be attributed in a large measure to a d~ficiency of both money and communication. Certainly, if money sere available, Council could undertake immediately to build court facilities which not only would provide for today~ needs and standards, but tomorrow*s needs and standards as well. Unfortunately Council does not have adequate tax dollars for this purpose; therefore, we mast look immediately to other means to solve the problem. Likewise if adequate channels of communication had been maintained between Council, the Courts and oar administrative personnel over the past eight (O} years, I do not feel that it wm id be necessary for .this Council to reaffirm its intent to provide adequate Jail amd court facilities for the City of ROanoke. Unfortunately communication has 'not been prevalent over the past few year; hence, it is now the obli- gation and duty of this Council to set forth its intent Jms in clear and concise language insofar as the matter of providing adequate jail and court facilities may be concerned. Accordingly, I pro~ose that the Council instruct the City Attorney to prepare a Resolution reflecting the sense of Council on the matter of providing adequate jail and court facilities for the City of Roanoke with the following points in-mind: (1) Zhat the Council go on record as committed to pursue and to obtain at the earliest datepossible adequate jail and court facilities;and (2) That the Council 9o on record ac reaffirming, as e~idenced by Council's Resolution recently passed, further investigation of the concept of a separate jail facility operated by one or more Of the area governing bodies on a regional, consolidated or other cooperative basis; and (3) That the Council authorize the City Manager to proceed forthwith to formulate plans for the continued use of the present Municipal Ruilding and the Reid-Cutshall Building based upon anticipated expenditures for renovations; conditioned upon such plans being presented to Council for approval prior to the adq~ion and implementation thereof; and (4) Direct that transmittal of copies of the said resolution to the Judge of the Bustings Court and to advise the Court that subsequent periodic reports will be ~ansnl'tted to the Court in a timely fashion. ~35 ! mish to enphaaize that the ado~t(~or~the~o~6i&~-~esolution *Is Intended to.set forth uleav~y~nud~conc~y~the.~rnture direction and goal mhlch th~ Moehoke City Cobn¢i~mill take in the mltter of providing adequate Jell.nnd~couri.facillties for the City of Roanoke. At the sene time. I ubbld'pbint but thaK the resolution mould not indertnke to expend funds.et the present time beyond the cost or consultant's ~ees (which I am informed mill be on as hourly basis roy actual time rendered until the plans,.costo, etc. have been finalized) and the ilnlnum costs of Immediate renovations needed to,utilize the present facilities. It is my understanding that the $450,000.D0 already appropriated for this purpose should be sufficient. For the Council to do more ut th~ present tine mould not seem ul~e in viem of the uncertainty as to the future course of providing Jail facilities and die to the uncertainties of annexstion, location and cos~ of said facilities; homever, for the Council to do less at the present time mould only se~e to perpetuate the unsatit~actory conditions ~hat BOm exist In our Juvenile Court, Jail facilities and Court accommodations. I urge the inmedlat~ action or Council on this Bitter through the adoption of the proposed resolution." After a discussion of the statement, Mr. Thsuas nOTed that the matter be referred to the City Attorney for preparation of the proper measure implementing the recommendations contained in the statement. The moti oo mas seconded by Mr. Lisk and unanimously adopted. INTEG~ATION-S£GREGATIOS: Mayor Webber pointed out that thre is a vacancy on the Connunity Relations Committee created by the resignation of Miss Pat H~irston and called for nominations to fill the vacancy. Mr. Thomas placed in nomination the nome of James W. Barks, Jr. There being no further nominations, Mr. Janes W. Barks, Jr., mas elected as a member of the Community Relations Committee to fill a vacancy created by the resignation of Miss Pat ttirston by the folloming vote: 'FOR MR. MURKS; Messrs. Garland, Lisk, Taylor, Thomas, Trout, Nheeler Mayor Webber .............. 7. TRAFFIC-STA~E HIGHWAYS: Mayor Nebber pointed out that the terns of Mr. David K. Lash, Dr. Roy A. Almrn, Mrs. Alice P. Tice, Mr. Philip E. Moating and Mr. James O. Sink as membem of the Local Hlgflmay Safety Commission expire on October 20, 1~70, and called for nominations to fill ~evacancies. Mr. Wheeler placed in nomination the names of David K. Lash, Dr. Roy Alcorn, Mrs. Alice P. Vice, Philip £. ¥ontano and James D. Sink. There being no farther ncninaticfls, Mr. D~vid K. Lash, Dr. Roy A, Alcoru Mrs. Alice P. Vice, Mr. Philip E. Moating and Mr. James D. Sink were reelected members of the Local Higuway Safety Commission for terms of four years each ending October SI, 1~740 by the f~lloming vote: FOR DR. ALCORN, MRS. VICE, MR. MONTANOAND MR. SINK: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler end Mayor Webber ............... 7-. FOR MR. LISK: Messrs. Garland, ~ylor, Thomas, Trout, Wheeler and Mayor Webber .......................................................~. (Mr. Lash not voting) INDUSTRIES: Mayor lubber pointed out that tae terms o! #essrs. W. Bolling Izard and Robert #. [oody as Commissioners o! the Industrial Development Authority will expire on October ~1970, and called fornominatlons to fill the .acancies. Mr, Trout placed In nominatim the names.mr W. Bolling Izard and Robert Woody. There being no further nominatims. Messrs. W. Bolling Izard and Robert W. Moody were relented as Commissioners of the Industrial Development Authorit bf the City of Roanoke for ter~s of fOUr years each ending October 31, 1974, by the following vote: FOR MESSRS. IZARD AND WOODY: Messrs. Garland, Lisk, Taylor, Thomas. Trout. Mheeler and Mayor Webber .................. 7 ....... ?* There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST: City Clerk ........ Mayor COUNCIL, REGULAR MEETINGs , M~nd~y, October 19, 1970o The Council of the City of Roanoke met in regular meeting in the Council Chamber Ia the new Municipal Building, Monday, October 19, 1970, at 2 p.m., the regular meeting hour, with Mayor Webber presiding. PRFoSENT: Councilmen'Robert A, Garland, David K. List, Suel C. Taylor, Hampton M. Thomas, James O, Trout, Vincent 5o Mheeler and Mayor Roy L. Webber .ARS~NT: None ......................................... ~ ................ O. OFFICERS PRESENT: Mr. Byron E. Hamer, Assistant City Manager, Mr. James Klncanon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened mith a, prayer by Or. Noel C, Taylor, Member of Roanoke City Council. ,. . MINUTES; Copies of the minutes of the regular me*ti,rig held on Monday, September 21, 1970, and the regular meeting held on Monday, September 28, 1970, having been furnished each member of Council, on motion of Mr, List, seconded by Mr. Trout and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC MATTERS: AUDITORIUM-COLISEUM: Pursuant to. mtice of advertisement for bids on fur- nishing and delivering ticket racks and cabinets to the Roanoke Clvlc Cent~, said proposals to be received by the City Clerk until 2 p.m., Monday, October 19, 1970, and to be opened at that hour before Council, Mayor Nebber asked if anyone had any questions about the advertisement, and no representative pr*sen*raising any questiol the Mayor in atructed the City Clerk to proceed with the opening of the blds;shereupo the Cry Clerk opened and re,' the one bid received from Tabor, Incorporated, in the amount of $2,395.00. Mr. Garland moved that the bid ~ referred to a committee to, be app~nted by the Mayor for stud~ report and recommndation to Council,' the City Attorney to prepare the proper measure in accordance mith the recommendation of the committee. The motion was seconded by Dr..Taylor and unanimously adopted., .Mayor Webber appointed Messrs. Byron E, Haner~ Chairman, Howard E..Hadford, John W. Chappelear, Jr** and John A. Kelley as members~of the committee. , AUDITORIUM-COLISEUM: Pursuant to notice of advertisement for bids on establishing an approved list of caterers for supplying, preparing and catering meals at certain functions in the Roanoke Civic Center for a period of two years from the date of. the opening of the Civic Center, said proposals to be received by the, City Clerk until 2 p,m., Monday, October 19, 1970, and to be opened at that hour before Council, Mayor Webber asked if any,o* had any, questions about the advertisement, and no-~epreaentative present raisin9 any question, the Mayor instructed the City Ci~k to proceed with the opening of the bids; whereupon, the City Clerk opened and read the f, Il,ming names of the prospective bidders: ~":~37 · B~uefield Caterer, Incorporated H.,T. Shortt ,The Hotel Roanoke Arcbiets Lendy*s American Motor lams, Incorporated ,Mr. Wheeler moved that the bids be referred to a committee to be appointer ~y the Mayor for tabulation, report end recommendation to CoencJl, the City Attorney to prepare the proper measure in accordance with the recommendation of the committee The motion mas, seconded by Hr. Trout and unanimously adopted. Meyer Webber appointed Messrs. Robert A. Garland, Chairman, H. H. Thompson Howard E. Ragford and John A, Kelley, as members of the committee. CITY PROPERTY: Pursuant, to notice of advertisemen$ for bids on painting of, several, city owned buildings, said proposals to be received by the City Clerk until 2 p.m., Monday, October 19, 1970, and to be opened at that hon~ before Council Mayor Nebber asked If anyone had any questions about the advertisement, and no repre sentative present raising, any question, the Mayor instructed the City Clerk to proce with the opening, of the bids; whereupon, the City Clerk reported that on bids were received on the project. Mr. Wheeler moved that the matter be referred, back to the City Manager to readvertise for bids. The motio~ mas seconded by Mr, Trout and unanimously adopted, BUDGET-SCHOOLS: Mr. ~illiam C, Pittman, Vice-Chairman of the Roanoke City School Board, appeared before the body and read a prepared statement advising that it, fstbe, recommendation of the Roanoke City School Board that Council approve an appropriation of $23,000. O0 for improvements to Addison High School, namely: $2,500.00 to $3,000.00 for the construction of a pumping station for sewer line hook up for a fieldhouse m~ch has already been approved by Council, $2,000.00 to be used for gradiug for a baseball diamond on adjacent land in Washington Park and for the construction of four ~phalt tennis courts at the east end of the present athletic field. Mr. Thomas moved that Council concur in th~ recommendations of the Roa~e City School Board and that the matter be ~eferred to the City Attorney for preporati of the proper measure., Tie motion was seconded by Dr..Taylor and unanimously adopted.. PEIXTXONS AND COMRUNICATIONS: . BUDDE~-SCHOOLS: A communication from the Roanoke City School Board, requesting that $12,321.00 b~ appropriated to Section a21000, "Schools - Manpower Development and Training Act," of the 1970-71 budget of the Roanoke City School Board, to provide funds for the training of, 36 production machine operatdrs~, ~ be 100~ reimbursed from federal funds with, the exception of $3,022.00. in the form of "In-~ind" matching physical facilities, was before Council. Mr. Wheeler moved that Council concur in the recommendation of the RoanOke City School Board and offered the following emergency Ordinance: -~ (w1~365)- AN:ORDINAnCE to amend amd reordaln Section n21000, ~Sehocla - Manpower Development end Training Act," of the 1970-71 Appropriation Ordinance, and providing for an qmergency. ,. . ., (For full text of Ordinance, see Ordinance Book No, 34, page 489.) Mr.lWbepler moved the adoption of the Ordlnance,,.The motion was seconded by,Mr, Trout and adopted by.the following vote: AYES: Hessrs. Garland, Lisle Taylor, Tho,mas, Trout, Wheeler and Mayor Webber~ .................... 7. .' NAYS: None~ ..... O, BUDGET-SCHOOLS: A communication from the Roanoke City School.Boardt re- questing that $14,244,~0 be appropriated to Section #21000, "Schools Raopowe~ Development and Training Ant,~ of the,1970-71,bodge~ of the Roanoke City School Board, to provide funds for the training of 60 nurses aids, to be 100~ reimbursed from federal fonds with the exception of $2,250,00 in the form of "In~Elnd" matching physical facilities, was before Council. Mr. Trout moved.that Council concur ia the request of.the Roanoke City School Board and offered the following emergency Ordinance: ~193~6) ~ ORDINANCE to amend and reordaln Section n21O00, WSchools - Manpower. Development and Training Act." of the 1970:71 ApprOpriation Ordinance, and providing for an emergency. (For full text of Ordinauce, see Ordinance Book.No. 34, page 490.) Mr. Trout moved the adoption of th'e Ordinance. The motion mas seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs, Garland, Link, Taylor, Thomas, Trout, Wheele~ and Mayor Webber ....... ~ ................ 7. NAYS: None .......T-O. ,. SCHOOLS: A Resolution adopted by the Roanoke,City S~hool Board at its =eetlng.~eld on O~tob~r 13, 1~70, appealing f~r assistance In overcoming a hazardous truffle condition at the ~ntersection of Ferncllff Avenue'and Bershberger Roa~;N, mas before Council, Mr, Trout mo~ed tha~ the ma~ter he ~e£err~d to the.City ~anager and the City Attorney for study, report and recommendation to Council. The motion mas seconded by Mr. Garland and unanimously adopted. STREETS AND ALLEYS: An application from Mr. Leon R. Kytchen,.Attorney, representing Mrs. Bonnie ~. Malcolm, W. E. G Massye E. Spurlockt Wallace Sink, Mr. and Mrs. D, B. Weddle, Mr. Benton Wedqle, Jr., Hrs. Anna Lee Stone and ~homas M. and Eva J, A~eron, t~at a portion of a ten fo~t alley running between 20th Street and Osborne Street, N. E,, alono the rear property lines of Lots I - Block ~0, Map of Jackson Pork, Official Tax,~os! 3~30101 - 3330127, be vacated, discontinued and closed, was before Council. #r, Nheeler offered the tallowing Resolution providing for the appointuent of viewers fo connection with the application rot cloning tbn wiley: (~1~367J A RESOLUTION relating to the permanent closinge vacating end discontinuance of a,portion of a ten foot alley running betmeen 2nth Street, N. £*t and Osborne Street, N.R.e.Block 200 along the ~eur property lines of Lots 1 through 27, Block 20° Hap of Jackson Park, City Official Tax'Nos. 3330101 through 333012?, of record in the Clerk,s Offiue of the Circuit Court for the.County of Roanoke In Rap Book 1. pg. 270. (For full text of Resolutiont nee Res~lution.Book No. 34, page 4gO.) Mr. Wheeler moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the.following vote: AYES: Messra. Garland, List, Taylor, ?homas,,Trout~ Nbeeler and Mayor Webber ......................... ?. NAYS: None ..........O. Mr. Wheeler then moved that the matter be referred to the CieI Planning Commission /or study, report and recommendation to Council. The motion,was seconded by Mr. Trout and unanimously adopted. STREETS AND ALLEYS: An application from Mr. Joh,n S. Beall, Jr., Attorney, representing Roannie News Agency, Incorporated, requesting that a triangular portion of an alley ur roadway known as gth Street, S. E., be vacated, discont~ wed and closed, was before Counoilo Mr. Wheeler offered the following Resolution providing for the appointment of viewers in connection with the application for closing'the street or alley:. (~19368) A RESOLUTION providing for the appointment of five free-holders, any three of whom nay act, as viewers in connection with the application or petition of the Roanoke News Agency, Inc., to vacate, dism~tlnue, and close that triangular portion of 9th Street, S. Eo, more particularly described ~s follows: (For full text of Resolution, nee Resolution Bobk No. 34, page 4gl.) Mr. Wheeler moved the adoption of the Resolution. Tho motion ~us seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, List, Taylor, Thomas, Trout, Nheeler and Mayor · ehber ................................. ?. NAYS: None ..................O. Mr.,Wheeler then moved that the matter be referred to the City Planning Commission for study, report and recommendation to Council, The motion was seconded by Mr. Trout and unanimously,adopted. STREETS AND ALLEYS: An application from Mr. Cart L. Kinder, Jr., 'Attorney, representing Johnson-Carper Furniture Company, Incorporated, requesting that the re- maining portion of Daletoo Street, N~ E., be vacated, discontinued and closed, was before Council. ir,-Mheeler offered the foil,kin Resolution*providiog~or th~ kppoiotmeot of viemers In cosnection with the npplfc*otfon for closing*he street: (~i9369J & RESOLUTION providing for the appointmebt of five freeholders any three of whom may 'acta as viewers in connection with the*application of Joht Carper Furniture Company, IncorpOrated to. permanently vacales df*con tfnue end close the remainln~ portion of Dale*on Street, N. £,, beginning at · point where a project of the southwesterly lice of Lot 6 Of the N. C. ~oods subdivision of Shction I of Riley Reights intersects Dale*on Street end proceeding in a northeasterly direction to a point where Omi*ton Street-intersEcts the southwesterly side of Rollins Road, being a distance of 200 feet, more or less. (For full text of Resolution, see Resolution Book No, 34, page 493,) Hr, Nh~eler moved the adoption of the Resolution, The motion was seconded by Mr, Trout and adopted by the following vote: AYES: MessFs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor · ebber .......................7. NAYS: None ...........O. Mr. Mheeler then moved that the matter be referred to the City Planning Commission for'study, report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. , COMPLAINTS-GARBAGE REMOVAL: A petition signed by 59 residents in the East Gate and Kessler Heights area, complaining of odors emanating from the quarry and th landfill located off East Gate Avenue, N. E., was before Council. I. this connection, the Reverend Baxter M. Row and four residents *in the area appeared b~for~ Council in support of the complaint. Mr. Trout moved tho( th~ matter be referred to the CJt~ Manager for Anfestigatlonand r~port to ~ouncil. The motion was seconded by Mr. Thomas:and unanimously adopted. STATE COMPENSATX~ BOARD-COMMONREALYR'S ATTORNEY; Copy of a communication from the St~t~ Compensation Board, addressed to Mr. Samuel A; Garrison, III, Common- wealXh's At~orney, advising that subject to concurrence by Council the Compensation Board approved an allowance of $209~0 for an executive desk and ad allowanc~ of $582.60 for the purchase of o conference table and six chairs with the unde~standiug that the table and cia/rs Would be purchased th~ough the State Penitentiary, that the State Compensation Board has neve~ participated in the cost'of relocating or installing telephones,' that the Compensation Bo;Id has trams farted $1.125. O0 :from the salary of Mr. ~illiam A. Carter, III, to the salary of Hr. Robert 'A. Gioncasi to cover his employment through October 31, lC)D, and that they have transferred $275.00 from the salary of Mr. Carter to the. salary of Mr. Eugene K. Street to cover his employment through September 15, l~U, and ,that they have transferred $?5.00 from the extra help account to the salary of Mr. Street in order that he may be compensated $350.00 for his services in September, sas before Council. Hr, Trout moved that the comuunlcntion be received and filed,. The motion was seconded by: Hr. Garland and unanimously adopted, AHDITORIU#-COLISEUH: A comlunieatlon frol Hr~ Fred M, Mnlker, General Hanager, The Hotel Roanoke, advising that some sort of ndv~rtising should be put fot~ effect to prolote the Rpanoke Civic Center, was before Council, Hr. Thomas loved that the c~muglc~tion be referred to the Roanoke Civic Center Advisory Commission for its ln$~.ation, The lotion wasseconded by Hr. #heeler and unanimously adopted. SALE OF PROPERTY: A communication from Jt~ L. E. Turner, Chairman, Community Housing Corporation, in connect.ion dth .obtal'n.ing a two year option on a tract o$1and owne~ b~ the City of Roanle locn~ed in the 1300 block of Roorman Road, H. ~,, described as Offic.lal Tax Nos. 2222704 - 2222708, lnclusJve~ in ~rder for then to apply for u 236 FHA Loant and requesting that the tract of land later be do~ated to Comuurity Housing Corporation for t~e develppment, of lowor.ent housing apartments, was before Council. Hr. Thomas loved that the request be referred to a committee composed of Ressrso David K. Lisk, Chairman. Julian F. HI*at, Jales N. Kincanon and .J. Robert Thomas for study, report ~nd recommendation to Council. The mo.*ion was seconded by Hr, Trout and unanimously adopted. RUNICIPAL BUILDING-J~L: A communicat.ion from Mr. W. Harley Funke offering the services of Dollar, Banner C Funk, Architects, in ,connection with studying the feasibility of a colbined Jail facillty,.to ~er,ve the City of Roand~, the County of Roanoke, the City of Salem and t~e Town of ¥1nton, was ,bmr re Council, Rt. ~heeler moved, that the communication be received and filed. The motiov was seconded by Mr, Trou~ and unanimously adopted. PLANNING: A communication from Mr. Robert M. Shannont Executive Directort Fifth Planning District Colmission, advising that the deadline ~or action grant applications for thin round of funding is ~ember 1, l~Ot and that in order for the Comllssi,on t~ clear the. application under Bulletin, A-g5, theme applications nhonld b( in the office of the ·Fifth Planning District Comminsion on or before October ~0, I~D, for them to be preheated to the members of the Cvlminal Justice Advisory Committee to the Full Commission on October 22, 1970, was before Council. ~ Mr. Thomas moved that the communication be received and filed. The motion was seconded by Hr. Trout and unanimously adopted. PLANNING: C.q~ o,f a communication from Mr. George W. Harris, Jr,., ¥ice- Chairman of the Cltiaen~t Advisor] Comaittee, reqnestJ,ng th,at Couoc.ll release .to the community th~ plans dealing with property improvement ,in the Cainsboro area and the specific timetable for the Implementation o.f these plans, was before Co.uncil. In this connection, Mr. Lo*hat Rermelstetn, Plan~lng ,Director, appeared before }he body and advised that there are o defluite p.lans for the Galnsboro area. .After · discussion!or the matter, Hr..Trout Bowed that:the Clt! Manager end Mr, Russell R, Heeleyt~Kxecutlve Director of the City of Roooohe Redevelopment end Housing Authority, meet with members of the Citizens* Advisory Committee fn orde to present them with · status report on the Oafnsboro' Project, Tie motion was macon by Hr, Wheeler end unanimously adopted. LIBRARIES:. A communication grow Hr, Noel C, Taylor, tendering his resigns tide os a mm bar of the Advisory Board of Public Welfaret was before Council, Mr, Mheeler moved thor the communication be received and filed, The motlo was seconded by Hr. Trout and. unsnimo~sl7 adopted. HOUSInG-SLUM CLEARANCE*GARBAGE REMOVAL: A. communlcatfoa from Mr. Russell Benley,'Executlve Director, City of Boa no~e Redevelopment and Housing Authority, requesting that Council make a decision on future use of the Incinerator site horde for the Redevelopment and Housing Authority to move forward to the development state of the Kimball Redevelopment Project, was before Council. Mr. Thomas moved that the matter be referred to the City Manager for stu¢ report and recommendation to Council. The motion was'seconded by Mr. Trout and unanimously adopted. . , , REPORTS DF OFFICERS:, * · , . SEWERS AND STORM DRAINS: The Assistant City Manager submitted a written report of the City Manager transmitting copies of two communications written to the Virginia State Mater Control Board In reply to their request for n schedule of revi- sions at the Sewage Treatment Plant with, regadto certain river improvements and in connection with their request for a schedule of work at the Nursing Home Sewage Treatment.facility. Mr. Thomas moved that Council concur In the report of the City Manager. The motion was seconded, by Dr. Taylor and unanimously adopted. SERERS AND STORM DRAINS: The Assistant City Manager submitted the following report of the City Manager in. connection with sewage treatment and project needs as set out by the State Water Control Board, advising that h~ has held con£ere with Alvord, Burdick ~ Howson, Consulting Engineers* as to preliminary cons~de~ation of procedures in this matter andrecommeud~'~ that he be permitted to wor~ with them on developing the best approach to the study of the sewage treatment plant facilities with consideration to various points that have arisen or will be arising: · Rganoke, Yirgi~a October IR, 1970 Honorable Mayor and City Council Roanoke, Virginia · Gentlemen: .. : As a further report in regard to the matter of sewage treatment, the Water Control Board and projected needs, this is to advise that we have had conferences with Alvord, Burdick and Bowman, Consulting Engineers, as to preliminary consideration of procedures in thismatter. It Is my feeling and.recommendation to the Council that we should continue to work with them on developing the best approach to the study of the plant facilities with consideration to these various points that either have ~:43 arlsen,or~wlll,be,nrislng..~X yould, propose~to nsk..of, the fits to submit a proposal on their part for suoh 'n study. Xt would ~be anticipated that we odwiolstratfuly.Mould reties the. study format with them cowing up with something defiolte that cea be , ~, ~-, placed before the City Council for your firm action, if'you would so wish. Zt mould be the objective o~ thl~ point to try'to phase ouch n study so that separate ntepF,relnted:to particular · · aspects could be developed in the cGurse of the work rather than everything beipg held pa*il one final overall report is completed. ~ It l~ f~t ~hat the above procedure ~ould be the' most ~avorobie method o~ developing faf*rna*fen related to cow- pliance with the State N~rControl Hoard*s recent directives and also to best determine the City's needs. .- If the City Councfl~would have objections to thio pro- cedure or alternate suggestionst your advice is respectfully Respectfully submitted, S/ Julian F. Hirst Julian Fo Hirst City Manager~ Mr~ ~homas moved that Council concur, in the report of the City Manager. The motion mas seconded by ~ro Taylor. In this connectione Mr. Glenn D. ~arringer~.Partner. Hayes. Sanyo Met*em and Mattern, Architects and Engineers, appeared before the body and advised that Hales* Seay, Mattarn 6 Ma*tern has been in the process of performing work math regal to tie sewage treatment plant, that it is his understanding the city is considering the employment of Air*rd, Bo[dick ~' Homo.n, Consulting Engineers, math regard to expansion of the facilities at the sewage treatment plant, that his firm Is sell qualified to make such a study, that it is a local firm, employing local poeplet that his ~lrm was under the impression it had already been employed to. make such a study and that he fee)spreference should be given to. Hayes, Seay, Hat*em g Mattern In a discussion,of the matter, Mro,Lisk expressed the opinion that it soul be destructful, for the City of Roanoke to seeh out of tomn assistance on this facility mhen it has a local co,cern who can perform ~he work just as c~pably. After a .discussion hs.to the retention of Air*rd, Rurdich ~ Homsou, as consulting engineers on the. question of all sewage treatment facilities includin9 improvements and expansion as compared with the employment of Hayes, Sanyo Mat*em and Ma*tern as engineers for the sludge handling facility at the Sewage Treatment Plant, Mr. Lick ~ffered a substitute motion that the matter be referred back to the City Manager for an ex~la~ntion as to shy the firm of Hayes, Seay, Ma*tern ~ Ma*tern Architects and Engineers, cannot continue to represent the ctt~ on all such matters. The motion mas seconded by Mr. Garland and.lost by the following vote: AYF~: ~essr,s. Garland, Lisk and Taylor ......... --* ............... ~AYS: Messrs. Tbomn~ Treat, ~heel*er .and Mayor Mebber~--' ........... 4. The original motion sas than adopted by the following note: AYES: Messrs. Thomas, Trout, Wheeler' hsd Mayor Webber ........: ...... 4, MAYS: Meaura, Garland, Link. nod Taylbr~--~ ................... -~3. SEWAGE TREATRENT PLANT:' The Assistant' City Manager' Submitted a written report of the City Manager in connection mlth the slmdge handling facilities at the sewage treatment plant, requesting' that Council and, the Sewer Committee tentatively withhold any action on the matter, Rt. Thomas moved that Council co, cur in the report Of the City Manager. The motion uaw seconded by Mr, Trout and unanimously adapted, POLICE OEPARTMF.~T: Cm2nctl hav~ ~ed.~ C~ A~n~ a~e~ Hanan~ for stu~ r~Ft ~~ a~au~i0n ~m~e R~e Vall~ ~ ~nt ~il. ~s~ ~ es~bl~m~t ~ra~poH'~ ~vf~m~ thego~megts in Roanoke Valley, the ~slstant City Manager submitted the following report of the Clt'y Manager advising that the Leu E~forcenent Council has the proposal under reconsideration and that there Is some uncertainty amongthem as to the manner and desirability of its objectives: *Roanoke, Virginia October 19, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: :' '. '. On August l? the City Council received from MF~ Samuel' Garrlsoc, Commonwealthts;~Attorneyt a proposal of a resolution whereby the City of Roanoke would indicate its willingness to enter into a cooperative reciprocal a§reementwith the other political subdivisions within the Valley in the matter Of law enforcement activities. The Council referred this to the C~ity Attorney and me for study and report, This letter constitutes an ~terim report for the purpose of advising Council that this matter has been followed since its referral to the Council. The original resolution was the outgrowth of a proposal by Roanoke County officials directly Involved in law enforcement and bad been considered by them in consultation with some of the lam enforcement people of the other political subdivisions, It is my uoderstandhg that since the August 17 da~e that the lam enforcement peq~ have had this proposal under reconsider.atlon and that there still Is soneuncertainty amongst them as to the manner and desirability of its objectives, Pending their further action.l do not feel that'the Attorney and-I could properly present a report to Council but we will continue the matter In abeyance and advise 'yoo l~ter. ~ · · .... ,MlghtX note that there exists within the Valley area what I mould consider to be a very cooperative worklng arrangment between law enforcement agencies and the* absence of this particu- lar agreement should not be construed to infer that there ls not a working relationship amongst them. The significance of the proposed resolution has to do with the granting of authority to .law offices of one political subdivision to enforce laws and have police Jurisdiction within any of the other political subdivisions, This is a particular point that has resulted in both concern and study and should be thoroughly explored before any final proposal As stated we will advise the Csuncll as soon as further developments are available. Respectfully submitted, $! Julian F. Hirst Julian Fo Hlrst City Manager* .' 45 Hr. Thomas moved that the report be Fecelve~ end fi~ed, The. mo*fun mas seconded b~ Or, Taylor and uoauiwously~adopted, : SCHOOLS: The Assistant City Manager submitted'the'following.report of the City Manager recommending that Title VIIo Chapter l, Section 4, Of The'Code of the City of Roanohe, 1956, as amended, In connection with loitering or trespassing upon school property by unauthorized personnel, be amended, to provide a maximum penalty of $1,000.00 fine and/or twelve months in Jail: "Roanoke, Virginia October 19, 1970 Honorable Mayor and City Council goanohe, Virginia Cehtlemen: Title 7, Chapter 1, Section 4 of the City Code prohibits loitering or trespassing upon school property by una~horiaed personnel. The body of the Ordinance Is sufficient to be effective, home,er, the penalty provl.ded for is not less than $5,00. : The minimal penat~y does ~ot appear to be sufficient to act as, a dete~ent. ,On numerou~ occasions recently, this Ordinance ~as been used as a means of attempting to keep peace in and around school buildings. . . .... It is suggested that these be reri$ion of the Ordinance, increasing the penalty to its maximum under State law of $1,000 fine and/or twelve months in jail. It Is believed that an Ordlnpnce chonge at this particular time and the accompanying publicity would serve as full, notice .to the, .. general public that ~espass is illegal und would further indicate that It may be a serious offense by virtue of the penalty limitations. 'It i~s recomme'nded this ~ rein'fred to'the CJt'y Attor'eey to prepare the proper amendment. The Superintendent of Schools is in accord, with this recommendation. ReSpectfully submitted, si Julian F. Hirst Jplian F. Hir~t City Manager~ Mr. Mheeler moved that Cpuncil concur in *.he recommendation o f 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. Thomas and unanim~usly adopted. DEPARTMENT OF PUBLIC WORKS: .The Assistant City Manager Introduced Mr. Joseph Brewer, Public.~orks Operations Manager.to the members of Coun0il. BUDGET-JUVENILE,AND DOMESTIC ~ELATIONS:COUET: The City Auditor submitted a ~ritten report advising that at the last meeting of the body a proposed Ordinance was refe~ree to him for explanation of an item of $1,400.00 to be appropriated to the Police and Fire Pension account, pointing out that this was an ~rror and that thf $1,400.00 should have been appropriated to the Social Security Account to provide Social Security coverage for persons employed a~der the Federal Crime Prevention Program, Mr, Lisk moved that Council concur tn the report of the City Auditor, and offered the following emergency Orclnance. (~19370) /Vi GRDINANCE to an*nd oadreordnia Section ;19s UJavoolle and Dnmostlc Relatlous Court,u nod Section ~13, URetiremeatssu ef the 1970-71 Appropria- tion Ordiauocet and pr*riding for aa emergency. · (For full, text of Ordinances see Ordiaaoce Rook No; 34, page 494°) Mr. Link norad the 4doption of the Grdinance. The nation Was. seconded by Dr. Taylor and ad*pied by the roll*ming vote: AYES: Ressra. Garland, Llske Taylor, Thomas, Troutt Rheeler and #ayor Robber ............................. -7. NAYS: None ............... O. : AUDITS:- TheCltysAuditor submitted a financial report for the City of Roanoke for the month of September, 1970. Mr. Link moved that the report be received and flied. The notion mas, seconded by Hr. Thomas and unanimously adopted. AUDITS-PENSIDNS: The City Auditor submitted a urn*ten report transmitting an audit of. the, Employeess Retirement System of the City of Roanoke, Virginias for the fiscal year ended June 3Os Ir?O, made by Keno*St and Konnetts Certified Public Accountants. Hr. Thomas moved that the report be received and filed. The motion mas seconded by Mr. Trout and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendationa request.of Mr. Edgar' Martin, that property lon~ed in the 3800 block of Virginia Avenues N. W., described as Lot Is Block 23, Map of Washington Heights, Official Tax No. 2?61501, be Fez*ned from RS-3s Single-Family Residential Districts to C-2, General Commercial Districts the City Planning Commission submitted a mrittm mport recommending that the request be denied. Ia this connection, a communication frmMr., George W. Harris, Jr.~ Attorney representing the'petitioner, advising that his client desires a public hearing on the request for rea*ming, mas also beC*re the body. ~r. Trout moved that a public hearing on the re~ues~ for fez*ajar be held at 2, p.m., Mondays November~16, 1970. The motion mas'seconded by Mr. Lisk and unanimously adopted. REPORTS O~ COMMITTEES: NONE. UNFINISHED BUSINESS: NONE.· CONSIDER&TION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATIDI OF ORDINANCES AND RESOLUTIONS: HOUSING-SLUM CLEARNACE: Ordinance No. 1g~61~ Da second reading, aathorizi~ and providing for the sale and conveyance of seven parcels of land to the City of Roanoke Redevelopment and Housing Authnrl~ys upon certain terms and conditions, needed by said Authority in assembling the necessary land for its Eimball Redevelopmt Project, having previously been beloreCouncil for Its first reading, read and laid oyere Was again before the body, Mr, Lisk offering the *following for its second reading aod final adoption: 147 (o19361) ~AN ORDINANCE authorizing sod providing for the sole nnd non~ rave*ce of seren~Pnrc~b of ~nnd to City o~ Roan*he Redevelopment and Housing Authority, up*acer*aim terms and conditions. ., .(For full, tezt of Ordinance, see Ordinance Rook No. 34, page 487.) , Mr. Llsk moved the adoption of the Ordinance. The motion was. seconded by Mr, Thomas and adopted by the following vote: ATES~ Ressr~~ Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ........................... -?* NAY$~ None ............... O. SCHOOLS-STREETS ANR ALLEYS: Ordinoace No. 19363, on second reading, authorizing the dedication by deed, for public street purposes only, of a strip of laud, 25 feet in width, omned by the City of Roanoke and located adJaceAt to and to the northeast of Ferncliff Avenue in Roanoke County, to Mau~y L. and Shells StrausS, upon certain terms and conditions, having previously been before Council. for it~ first reading, read and laid overt mas again before the body, Dr. Taylor offering the followln~ for Its second reading and finaI ad*pti*mi (#1936~). AN ORDINANCE authorizing the dedication by deed, for. public street ~ rposos *nil, of a strip ol land, 25 feet in width, owned by the City and located adJa~nt to and tO the northeast of Ferncliff Avenue In Roanoke Countyt upon ,certain terms and conditions. , (For full text of Ordinance, see. Ordinance Rook No. 34, page dOS.) Dr. Taylor moved the adoption of the Ordioance~ The m tion was seconded by Mr. Thomas and adopted by, the following vote: AYES: Messrs. Garland, Lisk. Taylor, Thomas, Trout, Wheeler and Mayor Mebber .................... ,. NAYS: None~ ......O.. CITY EMPLOYEES; Council having directed the City Attorney to prepare the proper measure' amending subsection (b) of Sec. 11, Chapter 3t Title IX of The Code of the City of Roanoke, 1956, as amended, relating, to certain legal holidays and providing for t~e effective date of the Ordinance, he, presented same; whereupon, Mr, Ir*at moved that the foil*ming Ordinance be placed upon its firsI reading: (z19371) AN ORDINANCE amending sub~ection:(b) of Sec. 11. Chapter 3, Tltl II of the Code of the City of Roanoke, 195~, as. amended, relatingto certain legal holidays, and providing for the effective date o£ this ordinance. WHEREAS, the City Manager has recommended the following amendment to the Code of tbp City of Roanoke sp as to. provide that certain City holidays sill in the future fall on Monday~ in conformity with certain recently enacted State and fed*rs legislation, in which recommendation the, Council concurs. THEREFORE,' BE IT ORDAINED bythe Councllof the City. of Roanoke that sub- section (b) of ~ec. 11. Office Hours and Holidays, of Chapter 3,. Officers and Em- pi*yeas Generally, of Title II, Administration, of t~e Code of the City of Roanoke, .149 1956,-as amendedt providing fox the observioce of certain legal, holidays, be amended and recrdalaed, ne aa to read, end provld~ an (b) New Yeer*s Day, the, third, Monday ia FebruaryJashlngtoe*s Sirthday}e the last Monday in #ny (Memorial Day}, the Fourth Uny of July, Labor Doye ~haaksgfvfng Bayt end Friday 'following Thanksgiving Bay, and Christmas Oxy shall be observed es legal holidays, and mhen~er any or said days shell rail on a Sundayt the Monday next follouing shall be observed as a legal holiday, for all departments of the city except as may be otherwise prnffded by law, and except as to members of the rife department, and subject to the aforesaid, exceptions, when Christmas fails on a Saturday, the Monday next following shall be observed0 to the extent'ab*yemen,tried, us a.~al holiday. Except es otherwise provided by lan and the provisions of paragraph ad) of this section, each Sunday shall be observed as a day of rest., D£ IT FURTRER ORDAINED that this ordinance shall become effective January 1971, The motion was seconded by Hr. Th.mai and adopted by the following vote: ~, ~ AYES: Yeasts. Garland, Links Taylor, Thomas, Trout, and Mheeler ........6. NAYS: Mayor Webber 1 FABIL¥ SER¥ICE-YRAFELERS AID: Council having directed the City Att*they to prepare the proper measure endorsing the proposal of.Family Service - Traveler*s Aid of Roanoke Valley for a three year demonstration project for,protective services for the aged, at no cost to the City of Roanoke, he presented same; where,pon, Mr. Llsk offered the following Resolution: (~19372) A RESDLUTION endorsing the proposal of Family Service - Traveler Aid or Roan*he Valley for,n three year dom*nat[atica project for protective services for the aged, at no cost to the City~. .(For full text of Resolution, se, Rea*la,Ion Book No. 34, page 495.) Mr. Link moved the adoption of the Resolution~ The motion was seconded by Br.~ Trout and adopted by the following vote: AYES: RessrUo Garland, Ltskt Taylor, Thomast Trout, Wheelerand Mayor Webber ............................. ?. NAYS: None .............. O. .' I~DUSTRIES: Dr. Taylor offered the following Resolution appointing two directors of the Industrial Development Authority of'the City of Roanoke, Virginia; to fill four yearterma of office on its board of directors:' (~1g$73) A RESOLUTION appointing two (2) directors of the Industrial Development Authority of the City of Roamke~ Virginia, to fill four-year terms of office on its board of directors, (For full text of Resolution, see Resolution Book No. 34i page Dr. Taylor*moved the adoption of the Resolution. The motion mas seconded by Mr. Trout and adq~'ed by*the foil*ming vote: AYES: Mesas. Garland, Llsk, Taylor, Thomas. Trout, Wheeler and Mayor Webber .............................~ ........ ?. : NAYS: None ........................0.. CITY ~IfPLOYEES-COUNCILt~ Council'having directed the Clty, Att*roe! to, pre- ~are the proper measure ameadlig, end reordafniag Rule 1, Of Section 2, Chapter 4, title II of The Code of the Clt~ of Roam*kef 19560 as amended~ relating to regular meetings ~f Council, he p~esent~d s~; u~ercupoh, Hr. ~out Bovril that thc foil*win Ordinance be. placedupon its first*~eeding: ' *' (~19374) AN ORDINANCE emending and reordalulng Rule 1, of Sec, 2. Chapter 4t of Title II of ~he code of the City. of Roanoke, 19S6, as amended~.relating to regular meetings of ~he. City Council. · HER~ASt. In order to coordinate t'h~ regular meetings of ~onncil Mitb the observance of legal' holidays, the Council is of opinion that its rules of precedure should be amended, as hereinafter set forth, so as to provide that mhenevero wi~h th* exception of the orga~lzational nee*lng required by the City Charter, a regular meet! ~e upa* a MondaT whic~ is a l~egal holiday, s~ch me,ting shall be held the Tuesday, ~ext following. .. · THEREFORE, BE IT O~DAINEB by the Council uf the City of Roanoke that Rule Regular Reetingse Of See. 2. Rules of procedure, of Chapter'40 The Council° of ~itle II, Administration, of the'Code of the City of Roanoke, 19§~, as .amended, relating t~ regular meetings of the Cftr Con,Ell, be and said rule is hereb~ amended and reordained to read and provide as follows, via: Rule 1o Reqular Meetinqs. ~he Council shall hold its regular meetings on Monday of each week, at 2:00 P. M., except that when such Monday be a legal holiday of the ~CltYt such regular nee*lng shall be held Tuesday, next following, at 2:00 P.#., provided thatmthing herein contained shall be construed to · alter the time, date or place of the'Councilts organJaationa~ meeting'~r~vided for tfl the City C~arter; and provided, further, that during the months of June, Jail and August, two regular nee*lags nat be h~ld. ' The motion uae seconded by Mr. Thomas and adopted by the ~el~2wfng vute~ AYES: Ress~s. Garland, Lf~kt Taylor, ThOmas, TFo~t, #heeler and Mayor ~e~her .......................... 7. NAYS: None ........... O. PLANNING-POLICE DEpARTRENT-JAIL-MUNICIPAL BUILDiNG-CAPITAL IMPROVEHE~ ~ROGRAM: ~ouncll having directed the City Attorney to prepare th~ proper measure relatin~ to court, courthouse and J~ll facilities In the City of Roanoke by setting forth the commituents and intentions.of Council; he presented same;whereupon, Thomas offered the following ~esolution~ (~X~375) A RESOL~TXO~ relating to court, courthouse and jail in the.City of Rqano~e, (For ~ul] text ~ Resolution, see Resolution Book No. 34, pa~e 4~5). Mr, Thomas moved the adop~o~ of the Resolution. 'Zhe.motion wa~ s ecqnded by Dr, Taylor and adopted by ~he fotXqwing vo~e: . AYES: Messrs. Garland, L~sk, Zaylor, Thomas, Zrout, ~heeleF and Mayor Mebber ........................ 7.. -- NAYS: None ........... O. 'MOTIONS A~D MISCELLANEOUS BUSIN~SS~ COMPLAINtS-PARKS AND PLAYGROUND~t Mr, Jerald E, Smith appeared b~ore the body and presented a petition signed by 260 citluens~ requesting that they be authorized to assemble where they please or at least on Mill Mountain, Rom oke Moontuin and/or Fishburn Park mit~ont being discriminated against and hurrassodo Mr, Thomas moved that the matter ~e referred to the City Manager for investigation and report to Council, ~he motion #as seconded by Mr, Liskand 'unanimously adopted. JAIL~ Mr. Lisk called to the attention of Council certain inadequacies which prevail in the city Jail pertaining to the type of personnel who are being employed, advising that Council should confer with the State Compensation Board in an effort to upgrade the salaries and qualifications of Jailers in order to get better qualified personnel for the Job and moved that Council extend un invitation to Mr. Kermit E~ Allmao, City Sergeant, to appear before the body to dlscnss problel which he feels needs the immediate attention of Council° The motion was seconded by Mr. Garland and lost by the following vote: AYES: Messrs, Garland, Lisk and Taylor ..................... 3, NAYS: Messrs. Thomas, Trou~ Mheeler and Mayor Webber ...... 4. Messrs. Thnas, Trouts Wheeler and Mayor Webber expressed the opinion that Council should not have to ask any of its consitutional officers to appear before the body in connection with problems fmfronting them, that they should feel free at any time to come before Council with any problems they may have, There being no further business, Mayor Webber declared the meeting adjourned, APPROVED City Clerk Mayor .. 151 COUNCIL~ ME6ULA~ MEETING. #ondsyt October,26. 1970. The Council of ~he City of Rosnoke wet in regular meeting in the Council Chamber in the Municipal Building Annex, Monday, October 26. 1970. ut 2 p.m.. the regular meeting hour. with #syor Hebber presiding. PRBS~JtT: Councilmen Robert A. Garland. David K. Lisk. Noel C. Taylor. Bamptcn N. Thomas. James O. Trout. Vincent S.Hbeeler sad Mayor Roy L. ~ebber~-?. ABSENt: None OF¥ICERS~ PRESENT: Mr. Byron E. Bauer, Assistant City Manager. Kincanon. City Attorney, end Mr. J. Robert Thomas, City Auditor. iNVOCATION: The meeting was opened with a prayer by Mr. Vincent Nhenler. Member of Roanoke City Council. MINUTES: Copies of the minutes of the regular meet~g held on Monday, October S. 1970. and tau regular meeting held on Monday, October 12. 1970. baying been Turnished each member of Council, on motion of Hr. LUsh. seconded by Mr. Thomas and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. A~ this point. Mayor Webber welcomed a provisional class of the Junior HEARING OF CITIZENS UPON PUBLIC MATTERS: PETITIONS AND COMMU~ICATIONS: ZONING: A communication from Mr. S.'A. Darboor, advising that he is part of Lot 39. Block 14, Crystal Spring Map, pointhg oat that tbs lot Is now worthless because it is zoned C-I. Office and Institutional District, which calls for a setback line o[ thirt~ ~eet from the ~ront, three feet ~rom the inside propert~ line and fifteen feet from the property line on the side street, that this leaves onl~ seven feet on this lot In which to build .and expressing the opinion that the Zoning Ordinance has confiscated t~ s lo~ and in doing so it is hfs opinion that the cit~ should pa~ him $19,~00.00 for said lot which is estim~d as a ~air market value; aaa, also, advising that he is part owner o~ Lots 2 and 3. Block 23, ~asena that each lot is fifty feet by one hundred and ten feet, running ~rom Valle7 Avenue the sout~ to Houbert Avenue on the n~orth, that there is a garage apartment on the right attached to the house facing Howbert Avenue and expressing the opinion that he can see no reason why a house could not be built on each lot facing either Valley Avenue or Howbert Avenue, S.N., was before Council. Hr. Trout moved t~ t the natter be referred to the Clt? Planning Commission ~or study, report and reconmendat~ to Council. The motion was seconded b7 Or. Taylo~ and unaninousl7 adopted. B~DGET-SCHOOLS: A communication ~rom the Roanoke ~ Scb~ Bm rd. request. lng that ~31,984.3~ be appropriated to Section ~69000. ~Schools - Nork Incentive Progrb~,~ of the 1970~71 budget of the Roanoke City School ~oard, to provide funds for 8 progrom designed to provide basin educational skills to adults who are unsble to provide support for them~lves because of toe lack of such skills, to be 100~ reimbursed by the Vfqinia Emplolment Commission. mas before Council. Mr. Llsk moved that Council concur in the request of the Roanoke City School Oonrd ond offered the following emergency Ordinance: (~19376) AN ORDINANCE to amend ond reordoin Section a69000. 'Schools Nork Incentive Program," of the 1970-71 Appropriation Ordinance, end providing for (For full temt of Ordinance. see Ordinance Book No. 34, page Mr. Lisk moved the adoption o! the Ordinance. The motion mas seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor. Thomas. Trout. Nheeler and Rayor Nebbcr .......................?. NAYS: None .........O. PLANNING-POLICE DEPARTMENT-JAIL-MUNICIPAL BUILDING-CAPITAL IMPROVEMENT~ PROGRAM: Copy of a communication from Mrs. Elizabeth !. Stokes. Clerk, Roanoke County Board Of Supervisors, advising that ut the May 27, 1970, meeting of the Board of Supervisors of Roanoke County, the Chairman was given the autaority to make appointments :to the County's Jail Study Committee and that the members of said committee are Sheriff O. S. Fester, Chairman, Dr. lilliam I. Joness, Mr. James Reed, Mr. Milliam M. Henley and Supervisor Lee B. Eddy, was before Council. Mr. Trout moved that the communication be received and filed. The motion mas seconded by Mr. Lisk and unanimously adopted. In this connection, a comnunicatim from Mr. Charles N. Osterhondt, Chair- ;man, Board of Sul~rvlsors of Roanoke County, advising that in accordance with powers vested in him, he has appointed Mr. Lee B. Eddy, member of the Board of Supervisors of Roanoke County, to fill a vacancy on the County's Jail Study Committee created by the resignation of Mr. K. Paul Hayes, mas also before the body. Mr. Trout moved that the communication be received and filed. The motion was seconded by Mr. Yhoma~ and unanimously adopted. JAIL: A communication from Mr. Kermit E. Allman, City Sergeant, requesting that the contract between the CAyof Roanoke and the federal government for the care and subsistence of all federal prisoners at the rate of $2.25 per day per prisoner be amended to provide an amount of $3.50 per day per prisoner due to a rise in cost of all operating suppliea and an increase in salaries, was be/~re Council. In this connection, the City Manager submitted a written report concurring in the request of the City Sergeant. Mr. Lisk moved that Council concur in the request of.the City Sergeant and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Trout and unanimously adopted. ~-53 #r. Llsk then moved that tne teport of the Cay Manager be received and filed, The motion mas seconded by Dr. Taylor and unanimously adopted. REPORTS OF OFFICERS: BUDGET-AIRPORT: The Assistant City Manager submitted the folloming report requesting that $17,500.00 be reappropriated to Fees rot Professional and Special Services under Section n65, =Airport.' of the 1970-?1 budget, to provide funds rot easter plan study of Roanoke Runic~pel (Moodrum) Airport, advising that a copy of the proposed contract to be entered into with John Tolbert and Associates, Incorpor- ated, for said study was not flied with the City Auditor at the end of the fiscal year, therefore, the money mbich had already been appropriated for the project was returned to the General Fund: "Roanoke, Virginia October 26. 1970 Honorable Mayor And City Council Roanoke,Virginia Gentlemen: By Ordinance No. 18953, dated November lO. 1969, City Council empowered thetCitylonager to enter into a written contract with John Talbert and Associates, Iecsrporatedo t~ prepare a master plan study of the Roanoke Municipal (Moodrun) Airport for a lump sum cost of $17,500. Oy a later action, City Council outhodzed the City Manager on January 12, lg?O, to enter into an agreement with the State Division of Aeronautics, Commonmealth of Virginia, for them to assume one-half of the total cost of tJis study and provide the City with an $8.?50 grant for this purpose. Funds to pay for the cost of this study were originally contained in the fiscal year lg&9-?o ~rport budget under Fees for Professknal and Special Services. Contract documents authorizing John Talbert and Associates. Incorporated, to provide certain services consisting of planning and technical assistanm.in stodying, proposing and preparing a master plan for tee development of the City's Roanoke Municipal Airport mere consummated soon after that date; however, a question with regards ~o one paragraph describing the Time of Performance mas raised and the City Manager referred this question to the City Attorney. The City Attorney promptly responded, however, at teat tine the copies of the contract were mistakenly filed and not distributed to the Clerk and the Auditor us is customary. A copy of the contract had been forwarded ~o John Talbert and Associates, Incorporated, and they continued to perform under contract. However, as a copy of this contract had not gone to the City Auditor, at tee end of the fiscal y~F the funds originally established for performance of this work were returned to the General Fund as a surplus. The City Manager*s office being unaware of this mix-up and that the funds would not be held open to cover this contract, did not ask for additiooal funds in this yearOs budget. As a result, the $17,500 needed to pay John Talbert and Associates, Incorporated, for accomplishment Of this study is not now contained in the current budget. The City has received the $8,750 from the State Division of Aeronautics. To correct this situation and to provide the funds to pay for the accomplishment of tflis study,-it would be asked that City Council appropriate $17.500 to Airport Department 65, Object Code 210, Fees for Professional and Special Servicea for this purpose, Respectfully submitted. S/ Byron E. Haner Byron E. Haner Actin9 City Manager~ Mr, Wheeler meted that Council concur in the request of the Assistant City Manager and offered the folloming emergency Ordinance: (z19377) AN ORDINANCE to amend and rmrduin Section a65, *Airport," of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text Qf Ordinance, see Ordinance Boob No. 34, page 499.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: A~ES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and M~I~F Webber .................. NAYS: None ....O. BUDGET-CITY AUDITOR: The Assistant City Manager submitted the followin9 report recommending that $1,694.08 be appropriated to Personal Services under Section =lO, *Auditor** of tile 1970-71 budget, to proride funds for the employment of another Programmer II in the data processing section of the Office of the City Auditor, advising that the City Auditor has strongly suggested that the Programmer I classification be eli~ated from the Pay Plan and that this position be converted to that of a qualified Programmer II classification: "Roanoke, Virginia October 26, 1970 Honorable Mayor and City Council R~ nohe, Virginia Gentlemen: The sophistication of the data processing system has reached a stage at which the assigned programmersmuat be of'the highest caliber. The present setup of one Programmer I (at an entry level) aid oneProgrammer~II (advance level) is nolonger adequate. The Programmer I classification no longer offers the opportunity to secure an adequately skilled individual and there exists inadequate time to develop this skill fram an entry level. Under the current ~s~atem, the Programmer Icould be changed in pay range to a higher salary offering more money for an experienced condidate but this 'would-in effect destroy the intent of our present classification .It would appear necessary that the data processing'section have two programmers of high skill and experience. O~e such individual is:presently employed as a Programmer II', Range 25, Step 6. Another is available for:hi~e. The City Auditor has strongly suggested that we eliminate the Programmer I classification from 'our present authorization and convertthis position to a qualified Programmer IX classification. The money now allot~d to the Programmer I position could be applied to the new Programmer~lI space; however, additional funds would be needed to enable the Auditor to hire a new Programmer in Range 25. Additional funds in the amount of $1,694.09 would be required to fund this position from November 1971. There is included with your papers a budget ordinance appropriating $1,694.08 to fund this classification change. Respectfully submitted, S/ Byron E. Bauer Byron £. Hamer Acting City Manager" 155 Dr. Taylor moved that Council concur in the recommendation of the City Manager and offered the folloming emergency Ordina~ e: (s19378) AN ORDINANCE to amend and reordain Section SlO, "Auditor," of the 1970-71 Appropriation Ordinance. and Frovidi~ rot un emergency. (For full text of Ordinance. see Ordinance Book No. 34. page 499.) Dr. Tailor moved the adoption of the Ordin~ce. The motion mas. seconded by Mr. Thomas and adopted bi the follouing vote: AYES: Messrs. Garland, Link, Taylor. Thomas. Trout. #heeler and Mayor lebber ..................... 7. NAYS: None .....O. TRAFFIC-SCHOOLS: The Assistant City manager submitted the following report in connection mitn a hazardous traffic condition at the intersection of Ferncliff Avenue und Bershberger R~ d, N.~., advising that a location and design public hearing has been scheduled by the State Hlghmay Department for Tuesday, November 24, 1970. at 10:30 a.m., in the Terrace Theater at CressroadsHall to discuss proposed imlXovements to Bershberger Hood betmeen Peters Cra~ Head and #illiamson Road: Honorable Haler And CStI Council Roonoke, Yirginh Gentlemen: "Roanoke, ¥irginia October 26, 1970 On Monday, October 19, 1970, City Council received a resolution from tho Roanoke GitI School Board appealing for msistanoe in over- cominga traffic hazard ~t the intersection of Ferncliff Avenue and Bersbberger Road, N.M., The Cit,.Council referred this item to the City #aiagei and City Att6~ey~to advise what. is available. I am advised'that a'Loc'ation '~nd D~sign Public Hearing bas been scheduled by the Sta'te Highmay Department for Tuesday, November 24, 1970, at 10:30 ~.m~,i~ the Terrace Theater at Crossroads Hall. This public hearing Is being held .to discuss proposed improvements to Hershberger Road betmeen Peters Creek Road and Milliamson Ro~d. This will involve spot improvements along Hershberger Road under the TOPICS program and mill include a traffic signal installation at the intersection with F~erncliff Avenue. At the present time. me are unaware of the Stnte*s proposed construction schodule fbr'this work; however, it is felt that this mill be discussed at this Publicheuring. Respectfully submitted, S/ Byron E. Boner' Byron E, Hamer Act~g City Manager~ Hr. Thomas moved that the r'eport be received and filed. ~he mot im was seconded by Hr. Wheeler and unanimously adopted. SALE'OF PROPERTy-S~ATE HIGHMAYS: The Assistant City Manager submitted the folloming report recommending that the City of Roanohe agree to p~yan additional amount of $6.349.00 for the redesign of the Tenth Street Bridge in order to utilize meathering steel, thereby reducing maintenance cost over a long period of time: "Roanoke, Virginia October 26, 1970 Honornble Mayor lsd City Cm~cil Roanoke, Virginia Gentlewen: . - · Recent lwprovewents in the developuent of structural steel have resulted in a neu weathering steel which eliminates the need for painting. Althuugh this steel is more expensive per ton. ns a result of its added strength, less steel is required to provide the sane load-bearing capability as standard steel. New steel bridges generally requtre.repaintlng after ten years with subsequent repainting at more frequent intervals. The cost of repainting a bridge varies as to the size of the bridge; however, repnlnting of the Hunter Memorial Viaduct cost $14,760 In 1967, while the Mascon Bridge cost $21,2S0 im 1968. Several months ago the City Engineer requested the Virginia Department of Highways to give serious consideratim to using ueatbering steel fn the construction at the new Tenth Street flrfdge rather than using standard A-36 stoel. The City Engineer was sub- sequently advised by the Highway Department that they will agree to ~e use of weatherlhg, steel but due to the status of the bridge design it will be necessary to redesign portions of the steel in order to take advantage of the weight savings due to the higher strength of the ueatheri~g, steel. The State Highway Department has requested that should the City desire for this bridge to be redesigned for the'be of weathering steel the City pay for the cost of the redesign, $6,348, since it mm Id be for the benefit* of the City. This wbuJd not change the orginlal proposal for the State to pay 05 percent of the remaining cost of the project,. The State HlghwayDepartment has informed the City that the Norfolk and Mestern Railway has hdicated a desire to refrain from participating in the cost of maintenance of this bridge. Taking all of these factors into consideration, it would seem advantageous to recommend that the City agree to pay the additonal $6.346 for redesion of the Tenth Street Bridge to utilize weathering steel, thereby reducing maintenance cost over a long period of time. Respectfully submitted. S/ Byron E. Hamer Byrm E. Hamer Acting City Manager" Mr. Thomas norad that Council concur in the recommefldat~ of the ASsistant City Manager and that the matter be referred to the City Attorney for preparation of the proper measure. The moths was seconded by Mr. Rheeler and unanimously adopted Mr. Lisk then moved that the City Manager be directed to negotiate with the Norfolk and Mestern Railway Company on the proposed plans for the redesign of the Tenth Street Bridge. The motion was seconded by Mr. Garland and unanimously adopted. COUnCIL-MUNICIPAL BUILDING: The Assistant City Manager submitted a written report concurring in the following report of a committee recommending that the propos of Lee Hartman ~ Snns, Incorporated. for providing and iustaliing fourteen microphone with related equipment and accessories in the Council Chamber, for the sum of $4,792.00, be accepted: "Roanoke, Virginia October 26, 1970 Honorable R~or and City C~uncJl Roanoke, Virginia After doe end proper edrertfeemeat, bide were recel'~d of the F~rchu$1ng Agent nad pblinly opened before tbs undersigned committee at 11:00 u.m.t October 6, 1970 for providing end Installing in the City Council Chamber u complete and operating microphone and multiple electronic distribution systew. As cea be seen from the providing end installing the suwe~ulpment,.uith two udditional micro, hones. All alternate bids exceed the fun,s available for thie equipment. - The loweet bid was submitted by Jac~'L. Hurt'm~n~ Company, but does not conform to the specifications of the City of.Roanoke for the reasons explained in the attached copy of a letter from Mr. Alfred Beckley to Mr, James D. Sink. Therefore. the lowest bid conforming to oil specifications of the City of Roanoke was submitted by Lee Hartman' ~ Sons, Inc.. Sound Equipment at a total sum of $4,792. It is the recommendation of the committee that the original bid of Lee Hartman ~ Sons, Inc., Sound Equipment be accepted for providing and installing fourteen microphones with related equipment and ac'cessorles as required In the Clty*s specifications at $4.792. The sum of $4,600 has been appropriated for this equipment. Respectfully submitted, S/ William'F.~Clark William F, Clark Director of Public Rorks $/ Rex Y. Mitchell, Jr. Rex T. Mitchell, Jr. Director of Parks ~ Recreation S~ B. B. Thompson Bueford B. Thompson Purchasing Agent* In this connection, the Assistant City Man~ger presented the following communication from Mr, Alfred T. Bnckley, Chief of Commuications, addressed to Mr. James D. Sink, Traffic Engineering and Communications Superiutendent. pointing two reasons why the low bid submitted by Jack L. Hartoan Company, Incorporated, does not conform to the specifications as set out in the bid form: Date: October 15, 1970 To: Mr. James D. Sink, Traffi~ and Communications Superintendent From: Alfred Reckley, Chief of Communications Subject: Council Chamber~MJcrophone and Electronic Distribution System Proposals. After careful examination of the low bid proposal submitJ~d by the Jack L. Hartman Company, /nc., I find that it does not conform with our specifications on the foil*ming points: 1) The ~uipnent list does not specifically include adistribution amplifier as such. It is therefore assumed that the Mobster Electric Company Type RTAO0-1 power amplifier is intended to perform this function. However, alterations or modifications of the output circuit would be necessary to accommodate a com- bining network. This ie not the best method and does not comply with tho City of Roanoke Specifications. One of our standard reference sources for preparin9 these specifications was the 'Audio-Cyclopedia' by H. M. Zremaine, 2nd Edition (See attachment 1--remarks concerning distribution amplifiers.) 2) Zhe compressor amplifier module, Item 16 of the equipment list, Rebster Electric Company, Type RSC-615 does not comply ~lth the City of Roanoke Specifications relative to frequency response, It Is not implied here,that the items quoted are inrnrior or that modifloatlo'na, alterations, and additions are technically impractical. It should, homever, be clearly understood that ,our problems arn manifold. #e are attempting to provide the m~dia"ulth a broadcast quality product and at the same time, operate the system unattended, The two Items in question are therefore citticai and must be of top quality nnd design. It is absolutely essential for the output circuits of ih~ distribution amplifier to be highly isolated because foruign attachments or equipment caned and operated ~others mill be interconnected at' this point, ge cannot tolerate malfunctioning equipment or faulty connections by the media to disrupt the'entire transmission. it might also b~ hated that in addition to acceptable frequency response and release time characteristics, the compressor amplifier must be capable of sufficient output to operate the distribution system initially installed as Phase I, nnd any future reinforcement system required as a Phase Ii*item. The second lowest bid proposal submitted by Lee Hartman ~ Sons, Inc. was subsequently considered. Based on the equipment list and supporting data provided, this p~opo~ai is in conformance mitn the City of Roanoke Specifications and is uithin the monies appropriated for this purpose." Mr. Jack ~. Hortm~n appeared before ~ e body and adrised that his company could have bid m another type of sound equipment which would have net the specifications as set out in the'bid form but it mas his opinion that the type of equipment in which be based his bid would be more suitable to the needs of the City of Roanoke. After a discussion of the matter, Br. Thomas moved that the report be referred back to the committee for reconsideration. The motion mas seconded by Mr. Trout and unanimously adoptdd. BBDGET-TREASUREM-~STATE COMPENSATION BOARD: The Assistant City Manager submitted a written report concurring in the follouin9 report of a committee recom- mendin9 that the proposal of the National Cash Register Company for providi~ two new remittance control registers for the Office of the City Treasurer. for the sum of $19o576,00. be accepted: "Roanoke, girginh October 26, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: After due and proper adrertisement, one .bid mas reaived in the office of the Purchasing Agent and publicly opened and read before the undersigned commit~e at 11:00 a.m., October 20, 1970, for two nam Remittance Control Registers for the office of the City Treasurer. The bl~ mas submitted by National Cash Register Company for the ' supply of ama new Cared Remittance Control Registers, Class 2000, Model BK-2258 (24) UP-TV-JR-B-M2, at a total net ~rice of $19,576, f.o.b. Roanoke, ¥irginia. The bid stated that delivery mould be made mithim n~ty day.s after'placement of order. The ama machines mill be iodentical, to the t~o Remittance Control Registers purchased September, 1969, except for different'lettered clerk identification keys. The bid has been reviewed by the City Treasurer and City Auditor and found to conform to all requirements ann specifications of the City of Roanoke. It is the recommendatim of the Committee that the bid of National Cash Register Company be accepted for the supply of two new Remittance Control Registbrs at the total sum of $1g,576. The amount is within the funds allocated in the current budget for this purpose. Respectfully submitted, S! Byron E. Maser COMMITTE~ Byron E. Bauer Assistant City Manager S/ Billism F. Clark Milliam F. Clark Director of Public io,hs $/ a. B. Thompson Bueford B. Thompson Purchasing Agent" Br.*Gatla~d hoved that Council copcur in the recommendation of the Assistan City Manager and offered the following emergency Ordinance: (n19379)' AN ORDINANCE accepting a certain bid for the supply to the City of two hem mired remittance control registers for use by the City Treasurer, and authorizing the issuance o£ a purchase order therefor; and providJ~ £or an emergency. (For full text, see Ordinance ~n Ordinance Hook No. 34, page 500.) Mr. Garland mored the ~optJun ot the Ordinance. The motion mas seconded by Mr. Bheelet and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Mheeler, and Mayor Mebber .... ~ .................... NAYS: None ........... O. POLICE DEPARTMENT-FIRE DEPARTMENT: The Assistant City Manager submitted the following report on the status of pm onnel in the Police Department and the Fire Department £or the month of September, 1970: "Roanoke, Virgifffl October 26, 1970 Honorable Mayor and City Council I~oke, Virginia Listed below is the status of the Police and ~e Fire Department as of September 30, 1970: *Fire Department Emoloy~ R* N. McDaniel September 16, 1970 G. I. Morgan September 16, 1970 K. L. Masson September 16, 1970 Tbe~e is one vacancy in t~ Fire Dep~ment Police Department ~irg~ Mrs. Debts ~. Arthur (Clerk-Steno.) Sept. 16, 1970 Donald C. Hall (PoliceOfficer) Sept. 1, 1970 Dennis Mayne Davis Police Officer) Sept. 15,.1969 David A.'Jeter (Police Officer.) S~pt. 10, 1969 Ending September 30, 1970, (4) v~ca~pies.' , Respectfully submitted, S/ Julian F. Hirst Julian F. Birst City Manager" Resioned Sept. 23, Sept. 29, 1970 Mr. G~rlaad moved that the report be received and filed. The motion was seconded by Mr, Trout and unanimously adopted. THAFFIC-$CHOOLSi The Assistant City Manager submitted a written report in connect im with ~he request ~ the Virginia Uestern Comuunity College to enforce parking regulations at the college, advising that an Ordinance has been prepared and transmitted to Council, that the procedures contained In t~proposed Ordinance do not envision the use of city police for enforcement of the parking regulations, that the City Manager makes no recommendatkn nor does he object and that the proposed Ordinance is satisfactory for the college to put into effect and to observe its operational procedures. . . After a discussion of the matter, Mr. Mheeler moved that the report.of the City Manager be received and filed. The mgtion mas seconded by Mr. Thomas and unanimously adopted. Mr. Lisk then moved that the proposed Ordinance be referred back to the ~i~y Attorney for redrafting to provide that penalties established in said Ordinance be fixed at the same amounts as are provided for overtime parking at parking meters on city streets. The motion mas seconded by Mr. Trout and unanimously adopted. SCHOOLS: Council hav~g directed the City Attorney to prepare the proper measure amending Title VII, Chapter 1, Section 4, of The Code of the City of Roanoke 1955, as amended, in connection with loitering or trespassing upon school property by unauthorized personnel to provide a maximum penalty of $1,000.00 fine and/or t~elre nonthsin, jailo the City Attorney submitted the following report advising that in his opinion the Code should be further amended to make unlawful· the failure of any person other than a parent or a person in loco parentls of any student attending a public schoo~tofall to leave school property when so ordered by a person of authority, and further, make unlawful the going upon or in the vicinity of any public school with the intent of creating a disturbance or disruption of scheduled activities of such school: "October 25, 1970 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Gentlemen: At the meeting o~ Council held on October lg, 1970, the City Manager recommended that Title VII, Chapter 1, Section 4, of the Code of the City of Roanoke, 1956, as amended, making anlakful the loitering or trespassing on school property be amended so as to provide the maximum penalty of a $1000 fine or confinement in jail up to twelve.months or both such fine and confinement. While examining the ~ubject Code s~ction it occurred to the under- sighed that it ~onld be desirable to further amend said section so as to :mahe unlawful failure of any person othe~than a parent or a person in loco parentis of. any .$lydent attending a public school to fail to leave school property when so ordered by a person of authority and, further, make unlawful the going upon or in the vicinity of any public school with the intent'of creating a disturbance or disruption of scheduled activities of such school. 161 ~ Accordlngly;~there is transmitted herewith for Councll*s recommended adoption, a form of ordinance which, in addition to amending the above Code section us outlined in the previous sentence, would pro- vide for u penalty, upon convlctJm, of a fine of not less than $50.00 nor more than $1~000.00 or by conriuemeit In Jail not exceeding twelve months or both such fine mud confinement. Respectfully submitted, $/ J. N. Xincsnon J. N. Kincanou' Mr. Lisk moved that Council concur in the report of the City Attorney and offered the~following emergency Ordinance: (m193RO) AN ORDINANCE anendin9 Sec. 4. Loitering or trespassing upml schoo: property, of Chapter 1, Title VII, of the Code of the City of Roanoke, 1956, aa amended, by increasing the penalty for viGlation of said section; and provJdin9 for an emergency. (For full text, see Ordinance In Ordinance Rook No. 35, page Mr. Lisk norad the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYEs: 'Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ......................?. NAYS: None ........O. AIRPORT: The City Attorney submitted the following report recommending that Council authorize him to engage associate legal services of attorneys experience~ in air line matters and in procedures before the Civil Aeronautics Board in connectio! mith the announced reduction of scheduled service to Roanoke by Eastern Air Lines be effective on or about December 10, 1970: "October 2b. 1970 The Honorable Mayor and Members of Roanoke City Council Roanoke, ¥irginia Centlemen: It is respectfully recommended that the Council formally authorize the undersigned to engage associate legal services of attorneys ex- perienced in air line matters and in procedures before the Civil Aeronautics Roard, in connect im with Eastern Air Lines' announced reduct~n of scheduled service to Roanoke, to take'effect on or about December 10, 1970. The Council will recall that, at the invitation of the Mayor. a conference between the Members of Council and other interested citizens and-local reprenentatiyes, together with a representatire of the Civil Aeronautics Hoard and with the Director of the State DivisiOn of Aeronautics, was held on October 6, 1970, mith repre- sentatives of Eastern Air Lines, Inc.. at which meeting Eastern Air Lim s nas urged to rescind, its announced action and. instead, undertake a study of possible rescheduling of existing service and implementation of new and lmprored aervice between Roanoke and its principal cnmmanity-of-intereatpoints'm Eastern*$ Route 6. There is attached hereto a copy of a letter from the firm of Ballard and Reasley, Attorneys at Law, in Washington,' D.C... addressed to the undersigned, under date of October 5. 1970, setting out the basis upon which such associate representation would be afforded. I consider the same to be reasonable and in order. I enclose, also, my draft of an ordinance which mould authorize my employment of the services of that law firm on the basis set out In the letter of October 5th, abovenentiooed. Respectfully. S! J. N. Klncanon J. N. Kinca~n" Mr, Wheeler moved that CouncI~ concur in the recommendation of the City Attorney and offered the following emergency Ordinunce: (rig351) AN ORDINANCE authorizing the employment Of associate legal servic in connection with air line service to the City of Roanoke upon certain terns and conditions; and providing for an emergency. (Far full text, see Ordinance in Ordinance Rook No. 35, page Mr. Wheeler moved the adoption of the Ordinance. The motion mas seconded Dy Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Lisko Taylor, Thomas, Trout, Rheeler and Mayor Webber .............~ ........... NAYS: None ............O. ZONING: Council having referred to the City Planning Commission for study report and recommendation the request of Mr. J. M. Smith that property located at 126A Campbell Avenue, S; M., d~ cribed as Lots 6, 7 and 20, Block 10, Official Tax Nos. 1011508 and 1011521, Old Southwest Land Map, be rezoned from C-3, Central Business District, to C-I, Office md Institutional District, the City Planning Commission aubmttted the following report recommending that the request for rezoning be denied: 'October 22, 1970 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request was considered by the City Planning Commission at its regular meetings of September 16 and October 21, 1970. Mr. Harvey S. Lutins, attorney for the petitioner, appeared before the Planning Commiss~ and stand that Mr. Smith, the petitioner would like to operate the Raleigh Hotel (located at.126A Campbell Ave.. S.M.) as a rooming house. (Rooming houses are nut a permitted use in a C-3, Central Rosiness Zone, but are permitted in the C-l, Office and Insti- o a Dis .) Mr. Smith, the petitioner, noted the following pertaining to thin petition: He mas required to movehis mooning house operation located in the Downt5wn East Urban Renewal Project. As a result of this action he signed a lease for the use of the Raleigh Hotel, obtained a rooming license, and began extensive remodeling of the hotel. However, when he applied for a building permit, it was denied since rooming homes are not permitted in a One of the CommissiOn Members noted that he failed to see the difference between Smith's proposed operation and that of the Ponce de Leon Hotel. Doth the Commission Members and the Planning Director pointed out that the rezoning petition would create additional requirement on the petitioner-set back and parking requirements. The Planning Directo~ was questioned by the Planning ~ommission regarding the validity of permitting rooming housesin a C-3 zone. The Planning Director noted that the existing zoning ordinance does not define the terms rooming hou. ses, boarding houses, lodging houses or hotels. Re stated, however** that the 1932 Zoning Ordinance defined the terms boarding horses and lodging houses, and that this pointed sonenhat to the residential nature of these uses. Bm'ding House. Any dmellJag other thin n hotel where mealt. or lodging and meals, for compensation are provided rot five (5) 6r more persons. Lodging ffonae. Any dwelling othbr'~ban~s -for compasatlon is provided for five ~$)0~ Sore perseus.' The Planning 0irector'then pol'nted'6ut C-I, Office and Institutional Ofntrfet of the Zoning Ordinance,was, in addition to the other stated purposes, the'preservatio~ Of the residential character'of these areas; thus. obstensibly accounting for boarding and rooming houses being permitted uses iH this District, In addition, these uses are located in buildings whir& generally have the outward appearance of private duelling~hoases and'their commercial features ere ~nslgntficant when coapared to those of hotels. The Planning Director noted that the intent of Sec. 10 of the Zoning Ordinance. C-3. ~entral' Business Di'stri~I.' is to protect end improve the central business district for its performance ns the metropolitan center for commercial, financial, professional, governmental and cnltural activities and consequently accounting for the fact that boarding end lodging houses are not a permitted use in e C-3 district. Finally, the Planning DireCtor recommended that the C-3 zoning designation be adhered to In order to preserve both the integrity and character of the area. Accordingly, notion was ~ade, duly seconded and unanimously approved recommending to City Council that this request be denied. Sincerely, S! John H. Parrott by John H. Parrott Chairman" In this connection, a communication from Hr. Harvey S. Lutins, Attorney, representin9 the petitioner, advising that his client does not desire a public hear- ing on the matter, was before the body. Mr. Trout moved that Council coocur in the recommendation of the City Planning Commission and that the request for rezoning be denied. Tbemotlon was seconded by Mr. Thomas and unanimously adopted. ZONI~G: Council ~ving re~erred to the City Plannin9 Commission for study, ~eport and recommendation the request of Mr. George J. Jacobs, Administrator. £or the Estate of George S. ~ Mike Jacobs, that he be issued a non-conforming permit to ~perate a rooming house located at 1747 South Jefferson Street, tho City Planning :ommission submitted the following report recommending that an extension of three ~ear$ be 9ranted for this use in order to allow the petitioners ample time to ~ase 2ut the rooming house operation: ~October 22. 1970 The ~onorable Roy L. ~ebber, Mayor and Members of City Council Roanoke, Virginia ' The above cited reqgest was considered by the' CityPl~anning Commission at its regular meeti~9 of October 21. 1970. Mr. George J. J~cobs, Administrator ~r the Estate of George S. and Hike Jacobs. appeared before the Planning Commission noting the following information: a. that the parcel in question has a grocery store on the ground ~loor aedten (10) individual rooms on the second floor. b, that this family operation bas been in existence for about forty (40) years sad that the petitioners mould lihe to ccnlinue this opemtion for u period of time. c, that this operation ia geared ia the main, to railroad employees. (the petit!~ners rent rooms on u meekly basis,) The Planning Director noted that the parcel in question is presently zoned heavy maaufa~nre and that a rooming house usa is not compatible math this zoning designation. Be recommended to the Plnnning Commission that the petitioners be given a reasonable period of time to phase out this rooming house operation. Finally, the Planning DireCtor noted~thatone'of'the aims'of:aha.- ~ ZoningtO~dinnnce in:~o~p~ovide f6r~the~enentual elimination cf many of the non-conforming uses throughout the City, Some of thn Planning Comminslen members noted that many individuals had not been properly informed of tho non-conforming permit situation. Mr. Parrott, chairman of the Commission, stated that he thought the request mas not practical. After due consideration of this setter a motion mas made, duly seconded and unanimously approved to permit an extension of three (3) years for this use, to permit the petitioners time to phase out gi s rooming house op~tion. Sincerely, S/ John B. Parrott by LM John B. Parrott Chairman* Dr.'Taylor moved that Council concur;~tn the.recommendat~n of the City Planning Commission. The ~otion mas seconded by Mr. Mheeler and unanimously adopted. REPORTS OF COMMITIEES: AUDITORICMoCOLISEUM: Council having referred to a committee for study, report and recommendation the one bid received on furnishing and delivering ticket racks and cabinets for the Roanoke Civic Center, the committee submitted the follemin report recommending that the one bid received from Tabor, Incorporated, in the 3mount of $2,395.00, be accepted: 'October 21, 1970 The memorable Mayor And City Cancil, City of Roanoke, Roanohe, Virginia Gentlemen: As directed b~ City Council, the Civic Center Ticket Backs and Cabinets Committee has met, tabulated, and revieued the bids ~itb Mr. John Chapp~lear, Project Director of Associated Architects and Engineers. In response to the Cay*s request for bids, one (1) bid mas received and opened before City Council at it*s Meeting on Nonday, October 19. lq70. John Chappelear has advised the Committee that the bid of Tabor, Inc., Box 3027, SO& Capitol Street, Charleston, Meat Virginia meets all specifications and that adequate funds are avail- able. Therefore, the Committee recommends to City Council the acceptance of Tabor, Inc.'s bid of $2,395.00; and that the City Purchasing Agent be authorized to issue a purchase order for this very necessary equipment. S/ Byron E. Hamer Byron E. Haner, Chairman S/ John A. Kelley, John A. Kelley, Chairman Civic Center Advisory Committee Respectfully submitted, ROANOKE CIVIC CENTER TICKET RACKS AND CABINETS COMMIT'fEE, S/ John Chappelear John Chappelear, Jr., Project Director S/ Homard~E. Radford Homard E. Radford, Civic Center Director" Mr. Wheeler moved that Council concur in the recomeendatim of the comnitte~ nd offered the following emergency Ordinance: (u19382) AN ORDINANCE providing for the purchase and acquisition of ticket racks and cabinets for use in the Moanohe Civic Center, upon certain terms and conditions; and proriding for an emergency. (For full text, see Ordinance in Ordinance Book No. 35. page 3.) Hr. Iheeler moved t~ adoption or the Ordinance. The mot~n was seconded by Mr. LJSh ann adopted by the follouing vote: AYES: Wessrs. Garland, Lisk, Taylor, Thom s, Trout, Wheeler and Mayor NAYS: None ........ O. 1~4FINISRED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION A~O CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY EMPLOYEES: Ordinance No. 19371, amending sobsection (b) of Section 11, Chapter 3, Title I1, of The Code of the City of Roanoke, 1956, as amended, relatie9 to certain legal holidays for city employees, having previously been before for its first ending, read and laid over, mas again before the body, Mr. offering the following for its second reading and final adoptim: (n19371) AN ORDINANCE amending subsection (b) of Sec. Ii. Chapter 3, title II of the Code of the City of Roanoke, 1955, as amended, relating to certain regal holidays, and providing for the effective date of this ordinance. (For full text, see Ordinance iu Ordinance Book No. 34, page Mr. Wheeler moved the adoption of the Ordinance. Yhe motion was seconded ~y Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk. Taylor, Thomas, Trout and Wheeler .... NAYS: Mayor Webber 1. COUNCIL-CITY EMPLOYEES: Ordinance No. 19374, amending and reordaining lule 1, Section 2, Chapter 4, Title II, of The Code of the City of ~umke, 1956, as Imended, relating to regular meetings of tbe Council, having previously been before ;ouocil for its first readingi read and laid over, was again before the body, Dr. taylor offering tee following for its second reading and final adoption: (a19374) AN ORDINANCE amending and reordaining Rule 1. of Sec. 2. Chapter i, of Title II of the Code of the City of Roauke, 1956, as amended, relating to :egular meetings of the City Council (For full text, see Ordinance in Ordinance Book No. 34, page 4g§.) Or. Taylor moved the adoption c~the Ordinance. The mot tm mas seconded by ir. Thomas and adopted by th!: following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor ~ebber .......................................................... 7, NAYS: None O. BUDGET-SCHOOLS: Council having directed the City Attorney to prepare the proper measure appropriating $23,000.00 to Lucy Addison High School Field House under Section #89, 'Transfers to Capital Improvement Fund,' of the 1970-7i budget, to provide funds for the construction of u baseball diamond nnd a tennis court at Lucy Addison Senior High School, Hr. Thomas offered the following emergency Ordinance: (m19383) Ali OMGINA2/CE to amend and reordain Section u89, 'Transfers to Capital Improvement ruud,~ of the 19TO-?I Appropriation Ordinance, and providi~ for an emergency. (For full text, see Ordinance in Ordinance Book No. 35. page 4.) Hr. Thomas moved the adoption of the Ordinance. The motion mas seconded by Hr. Trout and adopted by the folloming vote: AYES: Hessrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber .............................7. NAYS: None ...............O. PAY PLAN-CITY EMPLOYEES: Council having directed the City Attorney to prepare the proper measure mending Ordinance No. 19236, adopted on June 22, 1970, provi~ng a System of Pay Mates and Ranges and a new Pay Plan, by adding to said Pay Plan Code Position 1232, Warrant Issuing Officer, Code Position 1235, Civic Center Concessions Man,Her, and Code Position 2028, Public Works Operations Manager, he ~resented same; Whereupon, Hr. Thomas offered the following emergency Ordinance: (#19384) AN OMDIHANCE amending Ordinance No. 19236, heretofore adopted ;n Junn 22, 1970. providing a System of Pay Rates and Ranges and a new Pay Plan, by adding to said Pay Plan Code Position 1232, Warrant Issuing Officer; Code Position 123S; Civic Center Concessions Hanagnr; and Code Position 2028, Public Works Opera- tions Manager; and providing for an emergencF. (For full text, see Ordinance in Ordinance Hook Ho. 35, page 4.) Hr. Thomas moved th~adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Ressrso Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber --7. NAYS: None -0. MOTIONS AND HISCELL~NEOUS BUSINESS: TAXES: Mayor Mebber presented a communication advising that he is appoint- ing Council as a Committee of the Whole to study the tax program of the City of Moanol Mr. Thomas moved that Council concu£ in the appointments made by Mayor Webber. The motion mas seconded by Mr. Hheeler and unanimously adopted. LEGISLATION: Br. Thomas presented thc following statement recommending that Council go on record as unanimously supporting the proposed amendments to the Constitutlm of Virginia: eo 'To: Mayor and City Council October 26. 1970 From: Counclimss ffsmpto~ M. Thomas Subject: Resolution Supporting Propos&d Amendments to State Constitution ¥1rginios will go to.the polls on November 3rd to vote.ups the mutter of ratifying the proposed amendments to the Constitution of Virginia. This Is one of the most important issues to face Virginia voters iu ulnas( half · century. I think it both fitting and proper that taJs body go un record by Resolutl~ in unanimous support of the proposed amendments which will have · great deal Of importance and affect upon local governement for y~rs to come in matters pertaining to improved legislative proce- dure and strengthened financial policies within our State. I urge that Council adopt a Resolution in unanimous support of the proposed Constitut~nul amendments os presented on thc ballot November 3rd.' In this connection, Rt. Talfourd R. Kemper, appeared before the body ood spohe la favor o£ tbs proposed amendoents. Dr. Taylor moved that Council concur in ~e statement made by Hr. Thomas and offered the following Resolution: (·19385) A RESOLUTION urgi~9 support of proposed aoondments of the Constitution of Virginia. to be voted on by the people of Virginia on November 3, (For full text, see Resolut~]~ in Resolution Rook No. 35° page Dr. Taylor moved the adoptio~ of the Resolution. The motion was seconded by Rt. Thomas and adopted by the following vote: AYES: Messrs. Garland. Lisk. Taylor. ~homos, Trout, Rheeler and Mayor Webber ............................... NAYS: None .................. Oo PARKS AND PLAYGROUNDS: Mr. Trout presented u verbal report advising that the Mill Mountain Zoo committee report will not he completed until after November 1970. R~ Wheeler moved that Council concur in the verbal report, The motion was seconded by Mr, Lisk and unanimously adopted. CO~CIL: Mr. ~ut presented the following statement recommending that the ~ity of Roanoke join the sew committee on cities havin9 a population in excess of 75,000 persons in coalition with the Virginia Municipal League to encourage the Owner; ~ssembly to appropriate more revenue in order for the City of Rom oke to meet the uee~ of its citizens: *October 22, 1970 Honorable Mayor and Members of Council: For the past two months the mayors of the larger cities of Virginia have been meeting in the League office ia Richmond to discuss the mutual problems facing local govermment. At the Mayor's request I have~mattendinJt~se~m~`et~ngst~xr~ntcut~t~m~u~t~Jfinancia~bmiienfac~gRcamke br(~tm~'~.'recoe~m~atlmsofo~r,c~isultants~'f~ Such areas as our airport and jail and courthouse and the most recent being the directive from the Water Control Hoard requiring valley-wide effort to improve the quality of water in the area of Smith Mountain Lake. It ~as unanimously agreed that the goal of our committee would be to achieve greater state aid for the localities from the General Assembly and to recommend the follo~ing: 1. That n coalition wltain the Virginia League be formed of those communities with a population in excess of 75,000 2. That a full-time director be employed with office space and a secretary. 3. That o budget of $50,000 be adopted (In that connection only ? months''shnre would be required for this 7ear). 4. That o short-range, as-nell as long-range policy be pursued. Our program would include the following: 2. Full taking over of welfare. 4. Other programs will be presented after o Director is named and studies are completed. The'Honse Appropriation~ CGmnlt~ee Would like to have a delegation from oar committee make an appearance before them on November 16, at 1:00 P. M., to outline our problems and to-suggest how they can best appropriate a $21 million surplus. In order to make an effective presentation ue would like'to have permission for Mr. Richard DeCeit of the League's staff to contact Mr. Hlrst and learn first hand of the problems facing Roanoke and the money required for a solution. There- fore, it is most important that the Committee receive a letter from the City of Roanoke agreeing to tahe part in this program before October 27 and the letter should be sent to Cities Committee in care of the League office in Richmond. I am enclosing, for yo~ information, the assessment sheet pointing out that Roanoke's share would be $2.151. Also. you will find a copy of a write-up on the Nat i mai League of Cities Magazine telling of the successful story on h~ the largest cities in New York were able toreceive revenue sharing through a well organized campaign. It is my recommendation that the City of Roaooke should take part in this program to encourage the General Assembly to appropri- ate more revenue in order for our city to meet the needs of its citizens. S/ James O, Trout Mr. Trout moved that Council co~cur in his recommendation and that the matter be referred to t he City Attorney for preparation of the proper measure. The notion mas seconded by Mr. Mheeler and unanimously adopted. CITIZENS' ADVISORY COMMITTEE: Mayor Webber pointed out that there is a ~acancy on the Citizens* Advisory Committee due to the resignation of Mr. L. Graham taynie and called for nominations to fill the vacancy. Mr. Garland placed in nomination the name of Mrs. Jolliet T. Croson. There being no further nominations,.Mrs. Jolliet T. Croson was elected as member of the Citizens' Advisory Committee by the following vote: FOR MRS. CROSON: Messrs. Garland. Lisk, Taylor. Thomas, Trout. Mheeler nd Mayor Webber .................. 7. LIBRARIES: Mayor Webber pointed out that there is a vacancy on the Roanoke 'ubiic Library Board due to the resignation of Dr. Noel C. Taylor for a term ending lune 30, lg71, and called for nominations to fill the vacancy. Dr. Taylor placed.in nomination th? usu~ of Mrs. Constnnee J. Bamlar. a member of the Roonohe Public Library goard to fill the unexpired term of Or. Noel C Taylor, resigned, ending Jane 30, 1971, by the follomiug vote: FOR HRS. HANLAR: #essrs.'G~rl~nd', ~l~s~ TaylOr, Thomas, Trout, lheeler and Rayor Mebbhr, .7.. SELECTIVE SERVICE BOARD: Mayor Webber pointed out that the State Director of Selective Service has requepted that Council recommend two additional members to Local Board No. 105. Roanoke City Selective Service, and called for nominations for the two additional members. Dr. Taylor placed in nominat4~ the name of Mr. Wilf~ed C. Traynham. There being no further nominations, Milfred C. Traydnm was recommended as one of the two additional members of Local Board No. 105, Roanoke City Selective Service by the following vote: FOR MR. TRAYNHAM':'Me~s~S. Garland. Lisk, Taylor, Thomas, Trout, #heeler and Mayor Webber ............................. Dr. Taylor moved that the second.recommendation for an additional member Selective Service Local Board No. 105 be deferred one week. The motion was seconded by Rt. Link and unanimously adopted. There being no further business, M~r Mebber declared the m:eting adjourned. APPROVED ATTEST: City Clerk ........ Mayor COUNCIL, REGULAR MEETING, Monday, November 2r 1970, The Council ~f the City of Eoanohe met In regular meeting in the Council Chamber in the Municipal Building Annex, Monday, November 2, lq?b, at 2 p.m,, the' regular meeting hour, with Mayor Webber presiding, ~ PRESENT: Councilmen Hobart A, Garland, David K, ~ls~, Noel C. Taylor, Hampton M. Thomas, James O. Trout, Vfncent'S. Wheeler and Mayor Boy L. M~bbe~ ..... ?, ABS£NT:None ........ L ............. ~ .................................... O, OFFXCEMS PRESENT: Mr. Byron £. Ban*re A~aistant City Manager, M~; James N £1ncanon, City Attorney, ~nd Mr. J. Robert ThOmast City Auditor. XNYOUATXO~: The meeting mas opened mith a prayer by the Reverend John O. Atklns, Pastor, Belmont Christian Church. MINUTE$: Copy of the minutes of the regular meeting he]~ on Monday, October lg, 19?Or having been furnished each member of CounCil, on motion of Mr. Lis seconded by Mr. Trout and unanimously adopted, the reading thereof was ~lspensed 'with and the minutes approved as recorded. B~ARING OF CXTXZEN~ DPD~ PBBLXC MATT£RS~ CITY PROPERTY* Pursuant t~ notice of advertisement ~ r bids on pain'lng of several city owned bulldinbs, said~proposaJs to ~e received by the:City Clerk until 2 p.m** Monday, November'2, 1970, and to be opened at that hour before Council Mayor Webber asked ifanyone had uny questions about ~he advertisement, and no representative pres*h* raising hay'question, the. Mayor instructed the Deputy City Clerk to proceed with*th~ o~enlng of the bids; whereupon, the Deputy City Clerk open and read the follo~tn~ bids: Nome Amount Alt, Amount L, R. Brown, Sr. Paint Company ~18,333.00 '~17,750.00 Bundley Painting ~ Deco~attn9 Company 19,206.90 18,B29.82 Mr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for.tabulation, report and recommendation to Council, th~ City Attorney to prepare the proper measure in accordance with the recommendation of the committee The motion was seconded by Mr. Link and unanimously adopted. Ma~or Webber appointed Manors. Byron £, Namer, Chairman, Samuel B. McChee IlI, and William F. Clark as members of the committee. STADXUM:; Mr. James A. Plersall, General Manager Of the Roanoke Buckskins, Incorporated, appeared before Council and read a prepared Statement requesting that Council review the present rental agreement at Victory Stadium and provide ouch Fei as they may deem approprlat~. After a discuss ion of the reques t, ;Mr. Trout moved that the matter be refel to the City Atto%ney for preparation of.the prope~ measure providing that the rental charge he reduced to the amount of fire per cent o~ all gross receipts, The motion was seconded by Mr. Link. ed /f . After · further diseusslo· of the request, Hr. Llsh offered a substitute motio·.that the ·attar be referred to the Stadium Advisory Committee for st*dy, ~por and recommend·tion to Council. The motioo Mas seco·dad by Hr. Wheeler and adoptede PE~rXTIONS AND COMMUNICATIONS: BUDGET-SCHDOLS: A communication from the Roanoke city School Board, reqaes that ~5,000.00 be transferred from CIP 42, James Madison Ju·lor Nigh School to CIP 41 William Ruffner Junior High School under Section ~69~ ~Transfers to Capital Improve- the William Ruffner Junior High School, mas before Council. (~19386) AN ORDINANCE to amend and reordain Section ~og, #Transfers to Capita~ Improvement Fund,m of the 1970-71 Appropriation Ordinance, and prov~ing for AYES: Messrs. Garland, Llsk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ..................... NAYS: None ........ COMPLAINTS: A communication from Mr. N. L. Brillhart, requesting that The motion.was,seconded by Hro.Thomas and unanimously adopted. SEWERS ANDSTORM DRAINS: A communication from Mr. Glynn D. Barranger, at any time and in.any capacity which they might be qualified and requesting that his firm be given favorable cossiderotion when Council considers retaining consultant body. JAIL-STATE COMPENSATION NOARD~. Copy of a communication from the State state*s part of the claim for one box dial for the Jail in the total amount of $4.32 Mr, Thomas moved that the communication he received and filed, The mo*fan wes seconded by Hr, Taylor and unanimously ad*pt*d, REPORT~ OF DFFICERS~ BUDGET-DEPARTMENT*OF PUBLXC MELFARE-C~TY HDME: The Assistant City Manager submitted the follqwlng report recommending t~ut ~$00o00 be appropriated to Travel under Section ~39t "City Hom~ou of the 1970-71 budget, to provide fuud~ for Miss Bernice F, Jones, Director of Public Welfare, to attend a Ilo-hour training program for all provisionally,llcensqd nurslqg home qdmlnl~trutors tn the State of Virginia to be held at the John marshall Hotel in qichmond, Virginia, under the auspices of the Virginia Commonwealth University: . UR*an*k** Virginia November 20 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The 1970 aqualon of the General Assembly of Virginia enacted into,lam Chapter 26 of Title 54, Code of Virginia, mbich makes it mandatory for each uurslcg home to be under the supervision of an administrator licensed by the State Board of Examiners for nuts ~ g home administrators, Th~a chapter also provides that no nursing hame within the State may operate except under the supervision of a licensed nursiog home administrator, The Department of Professio~d and Occupational Registration serves as the administrative agency for certifying and licensing nursing home administrators. Prior to June 30, 1972, all nursin~ home administrators must be examined by the Board and be the recipient of a permanent certificate of competency as a nursing home administrator. In the meantime, the present*administrator con qualify for an interim license, Miss Bernice Jones, Director of Public Welfare, has In the po~t acted as the~adminstrator and it Is our desire that she continue to pel~rm this function.* As u great number of the present nursing home administrators are not licensed and It Is not expected that without assistance they could pass au examinatlqn on this fuuC ti*n, during the remainder Of 1970 and in 1971 Virginia CommonwealthUniverslty will offer u llO- hour training program for all provisionally licensed nursing home administrators in the State. The purpose of this program is to,strengthen and supplement current hnowledge of the administrators and to p~ovide a foundation for the State Llcensure examination. This ~ourse which will be spread over a seven-month period at inter- vals qlth classes and workshops given one or two days each month will necessitate the attendance of Miss Jones at these courses to increase her knowledge that she might pass the examination. The City Home travel account 39-230 contained only for the current year. AS the tuition Is $100 and an interim license is $10, additional funds for education well he required to allow for travel to and from these workshops to be held at the John Marshall-Hotel in Richmond under the auspices of the Virginia Commonwealth University. Funds will be needed for hotel, food oqd transportation. AS it ~ anticipated that Hiss Jones sould be away a minimum of 17 nights and as funds a~e needed for transportation and food,.tt wouldbe reoommended that City Council by budget math*fixation appropriate un additional $500 to the City Home Travel Account, Department Code $9, Object Code 231, Education, for this purpose. Respectfully submitted, S! Byron E. Usher Byron E. Haner Assistant City B~a~ager Mr. LIsh moved,that Council oonour iu the recommendation of the City Manager and offered the follomlog emergeacy ~rdfoaace: (m19387) AN ORDINANCE to amend and reordain Section #39, *City Home,e of the 17/0-?1 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 3~, page 6,) Mr. Llsk moved the adoption of the Ordinance. The motion was aeconded by Mr, Garland and adol~ed by the folloming vote: AYES: Messrs. Garland, LIsk, Taylor, Thomas, Trout, ~heeler and Mayor NAYS: None ................... O, pOLICE DEPARTMENT-JUVENILE AND DOMESTICE RELATIONS COURT: The Assistant City HanageF submitted the folloming report of the City Manager recommending that he be authorized to accept Action Grant Amards under the Federal Grant Program Safe Streets Act: "Roanoke, Virginia November 2, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: ~e are advised by the State Division of Justice and Crime Prevention of its approval of the following applications as have been made for the City for funds under, the Federal Grant Program of,the Safe Streets Act. City Council had been prerfoasly adtlsed of the fact that applications were being made for these particular programs and as to the specific contents of them Individually. It is recommended that the Council by appropriate resolution authorize the City Manager to accept the Action Grant Awards. Note is made that the City's contribution to each of theprograms is from activities or services already authorized and additional appropriation are not requl~do Title of Project - Improvement of Crime Investigation, Detection and Prevention (to be administered by City Police Department) Grant No. 1~4 Total Award $28t697 C~ty Contrlbu- tio~ 11,505 Federal Share 17,192 Title of Project - Juvenile Delinquency Preventative Program (to be administered by the Juvenile and Domestic Relations Court) Gra~ No. 104 Total Award $7,500 City Cootri~ bution 3~000 Fed*FaX Share 4,500 Title Of Project - Drug Abuse Control (to be administered by City Police Department) Grant No, 99 Total Award r$2t095 City Contribu- tion 1,085 Federal Share 1,000 Respectfully submitted, S/ Julian F. Rlrst Julian F, Rlrst City Manager" , Dr.~ Taylor moved that Council concur in the recommendation of the City Manager uad offered the'foil.ming emergency Ordinance: (~19368) AN O~DINANCE authorizing the acceptance'oo behalf of the City of Roanoke of the offer of certain F~deral, grants under the Omnibus Crime Control and Safe Streets Act. of 1968; and providing for an emergency, (Fo~ full text of Ordinance, see Ordinance Boob No, ~5,' page 7,) Dr, Taylor moved the adoption of the Ordiaan'Ceo The motion mas seconded by Mr. Trout and adopted by the following vote: AYES: Mew ars. Garland, Lish, Taylor, Thomas, Trout, ~h~eler and Mayor Mebber ................................7. NA¥S~ None ..................O. ALCOHOLXC flEVERAGES-AUDXTORIUM-COLISEUM; The Assistant City Manager sub- mitted the following report of the City Manager transmitting four opplicab~e rules and regulations ia connection with the handling and dispensing o~ alcoholic beverage at the Roanoke Civic Center at certain events, functions, conventions, etc., advising that he does not feel the city should apply for what is called a permanent mixed drink, wine or beer license as would be similar to a restaurant type operation that a one-day banquet license of ~10.00 J~ each instance can be obtained to cover liquor which must always be given away and not sold at private functions in specific areas of the Civic Center and that a,one-day banquet, license of ~10.00 in each instance also can be obtained to sell or give away wine or beer at either private or public functions in specific areas of the RoanS, Civic Cea*er: "Roanoke, Virginia Novehber 2, 1970 Hona'dbl~ Mayor and City Council Roanoke, Virginia Gentlemen: As has been mentioned before the City Council previou~ly, it is desirable that a policy be established as to the handling and dispensing of alcoholic beverages at the Civic Cent*re.the intent of tho policy being for the guidance of administration of the Center and for the booking of the facilities. Various reviews have been made of the matter including most recently a meeting on October 15 among Mr.'Radford, Director of the Center, Mr. Jones, Assistant City Attorney and a repres entative of the State ABC Me do not feel that the City should apply for what is called a permanent mixed drink, wine or bee~:license aa would be similar to a restaurant type operation. Such a permanent'license, if obtained, would allow the City to sell such items at public sports events and so forth but it Is not felt desirable at this time that the City should sell wine and beer.through its concessions at Sporting and similar events. Also a permanent type license would prevent the obtaining of so-called one-day banquet licenses which banquet license for $10 each instance can be obtained to cover liquor, which must always be given away and not sold at private ftrctlons only in specific areas of the complex. Also a one-day banquet license for $10, at each instance, can be obtained to sell or give away wine or beer at either private or certain public functions ia specific areas of the Such one-day banquet licenses can be obtained by either the person in charge of the banquet, by the food concessionnafre or by the Civic Center itself through Its director or his designated representative. keep the propertl~ nearer and wool}! have a source of revenue. As other rules applicable to' the op~atiou of the Cente~ have been a matter of adoption by the City Councllt it is recowmended that the foil.wing four items be adopted as ~applfcable rules and regulations of the Roanoke Civic Center relative to alcoholic beverages at certain eventst functions, conventions, ct cetera:# 1. The Civic Center will operate on the basis that u one- day banquet license be obtained for any and all occasions, " whether public or p~ivate where beer or wine would be sold hr given away and/or liquor would be given away fn specified areas. 2. The Civic Center will reserve the right to exercise t~e privilege of ltselt securing the actual license, with the cost of the license added to the tenautts rent. 3. For all such events, unless on occasion where absolutely not feasible, all mixes, ice, beer, wine, liquor, etc., shall be dispensed over the Civic Center permaaeot counters by Civic Center employed personnel for that occasion. 4. Permission to have an event involving any alcoholic beverage, must be specified and approved within the Perwit Agreement of rental for use of whatever specified area of the Civic Center Complex that is leased by the It is recommended this be submitted to the City AttOrney for the preparation of the proper instrument. ]r, Radford:will be in attendance at the City Council meeting for any questions on this matter. The development of this recommndatioo is also the result of'several discussions on the matter by the Civic Center Advisory Respectfully submitted, S! Julian Fo Hirst Julian F, Birst City Manageru Mr. Trout moved that Council concur ia t~e recommendation of the City Manag tnd that the mat~er be referred to the City 'Attorney for preparation of the proper measure. The motion was seconded by Mr, Lisk and unanimously adopted, CAPITAL IMPROVEMENTS PROGRAM-MUNICIP~L BUILDING: The Assistant City Manage submitted the followJn~ report in connectloe with change orders to the Municipal Building Annex, advising that a 122 day extension to the m ntract with John ~. Daolel Construction,Company Is Justified tn view of the proposed change orders: "Roanoke, Virginia Hovomber 2, 1970 Honorable Mayor amd Git7 Council Roanoke, Virginia Gentlemen= ',~ '~ . ". - John Mo Daniels Construe*ton Company' requested the architects for this hem municipal bblldisg aid the City of Romoke to participate in a prefinal Inspection for tbe:aemly constructed municipal build*ag on Tuesday, October* 2?,. 1970, Although there are numerous minor items to be corrected, this ~quest would indicate that the contractor is endeayoripg to c0Bpl~te the construction. · Mlth construction nearll'complete, it 'is important that all matters uith regard to change orders and time extensions be ~msolved, In this light, the Assistant City Manager and the City Engineer have met with Mr. Oliver SteJn,'Mr. J. ~. Montgomery and Mr. Doug BI*un* of Hayes, Seay, Ma*tern and Matters to discuss pending time extensions City Council will recallthat change Order No. 15 which provided for various mechanical cha~ges to the Council Chamber provided for a time change to be determined at a later date based upon the actual time Involved to acqmire the necessary equipment and install it. Record~ kept on the Job indicate that a 60-day time extension would be required for this particular change order. Additionally, on July 6. lg?O, Council approved the issuance of a change order to cover the following seven proposals. Proposal No. 17 - Additional electrical and telephone ootlet~ Proposal No. 18 - Revision Ho. I - Council Chamberts seating, bench and sliding panels Proposal No. 20 - Elevator safety switch' Proposal,No.*21 - Cas pressure regulator Proposal No. 22 - Conduit to the existing telephone room Proposal No. 23 - Deletion of window safety guards Proposal. No. 24 - Additional conduits to the control room '. and the Reid and Cutshall B~llding As approval of these revisions bas not granted until such a late dhte the contractor has declined to execute the change order covering the revisions with*at additional time. If strict procedures as required by specifications had been foil.mod, some of these revisiom would have delayed occupancy of the building on July 31, ~he contractor proceeded on his own prior to Council*s approval. In severhl Instances the contractor proceeded with the changes, after checking with all concerned, as to have delayed the particular Items would have eesnlted in higher costs of revisions. Also, had the cons*factor not done so we would probably, not have been able to move into the buildin9 when the telephone system was completed. Zhe City representatives in conjunction with representatives of Hayes, Sony, M~ern and Matters evaluated each of these proposals and assigned the following time extenstns*for each. 'Proposal Ho. 17 - add 14 days Proposal No. 18 - r~vlsion one - add 21 days Proposal No. 20 - no extensio? Proposal Ho. 21 - add I day Proposal No. 22 - add 5 days Proposal No. 24 - add 21 days llth these extensions when added to the ~O-day extension for change order No. 15 the total is 122 days. As'the City took official occupancy of the sew building, 146 days after the schedoled co~[letion date of March 6. 1970, assuming favorable considerhtios of a time extension of 122 days there mould still be 24 days for mhlch liquidated damages would :::1.'7 7 This report is made that City Council might be aware or the status of the negotiations and the time extensions we feela e . worthy of consideration. Shoatd.'City Council concur in tMsrreport, it would be asked that they ask the City Attorney to prepare the necessary papers to authorize:this ex*em*Ion, Respectfully submitted, : S/ Byron E, Hamer Byron E, Bane~ · Acting City Manager" Mr. Trout moved that the report be taken under advisement. The motion mas seconded by Mr. Thomas and unanimously adopted, BOSSING-SLUM CLKARANCK-GARBAGE REMOVAL: The Assistant City Manager submit~ the following report in connection with a request of the City of Roanoke Redevelopmen and Housing Authority that Council make a decision on future use of the incinerator site in order for the City of Roanoke Redevelopment and Housing Authority to move formard to the development stage of the Kimball Redevelopment Project, recommending that Council authorize the City Manager in conjunction with the City Attorney to flegotlate the terms of the s ale of the in, aerator to the Redevelopment and Housing Authority, that Council give consideration to authorizing or negotiating math the Housing Authority for either the exchange of the J~inerator site, or a replacement *Roa~e, Virginia November 2, 1970 Honorable. Rayg~ and City Council Roanoke, Virginia Gentlemen: On Monday, October 190 1970, City Council received a communication from Russell R. Henley, Executive Director of the City of Roanoke Redevelopment and Housing Authority. Mr. Henley requested that!Council make a decision on the future aaa of the Cityt$ former incinerator. His'letter expressed concern.that the continued use of ibis facility for refuse disposal purposes might have an adverse affect on the salability of parcels of land in this development. Additionally representatives of the Federal Regional Office' have expressed the opinion that. the iuciuerator property should be purchased from the City and'made a part of the development project. City Council referred this item to the City Manager for his study, report and recommendation. For some time now ~e have bee~ concerned with the future of this facility. As we have discussed with the . City Council before the general proximity of this site appears to be ideal for the uae as a refuse transfer station. Conversion of the existing facility for this purpose has been studied in detail and a reassensment of the site with relation to the redevelopment plans and anticipated coustruc(ion difficulties has revealed complication with this original plan. These complications are: ' * 1o The present, incinerator is located on a. hlgh elevation in the Kimball area and it would be au extremely prominent structure if rettued. 2. Grading for the urban renewal project will result in elimination of Gllmer Street to the west of the existing incinerator site. Thus access to the upper level for dumping from collection vehicles mould.require approaching from the east. The topography in this area is such as to require construction of a suitable access road mhich would have a grade in access of eight percent and this is entirely too steep for fully loaded refuse vehicles particularaly during snow and icy weather. 3.- Euglaeerlog~ctudlos.!lldic~te~eoaatruotioa~cowpll=utioaa~ie converting the.existing fenlllty~o a,:tran${er se*ion. I~ ~Ja poaslble~bat ~fftlcul$-aad~expeuafye~to~erforw~as only the foandatlbn and tkk roar;or,the storage pit would be usable~.The.rour~uallSlWOUld~be,wodlfled~or'replace~.to install packer assemblies used.to~lraasrer~tke re,me to larnge trailers.rot hauling to the'dSsposal sites-cutting Into the existing pitwulls which;are several feet thic~ and mould be expensive, Englaeerlag;stndles'iodlcate. thu~lt mould bo In seeking u solution to oar probleu we have discussed with the Redevelopment Authority the possibility of obtainlog other land iv the Kimball proJect~ I aw encloslag:aglon which shows both'the existing site.and a pos~ible alternate site, This site located-on the edge of the proposed redevelopment would beiwnch less noticeable due to the eievatdd terrain to the north of the site and the existing Norfolk and Western Railway tracks bord~rieg on the somth end east. Easy.access could be obtained by connecting to the ~ells Avenue extension which mill pass through the Kimball.to ~onnect Orange Avenue and Nllliamson Road. Possibly this site could be obtained from the authority after clearing and grading is accompl~hde and it would be near the Norfolk and Restern by railroad. It is our conclusion that ~he existing Incinerator is not the best location for the proposed refuse transfer station. A different location similar to the one mentioned above would be more desirable. At any location the cost of handling and transfer equipment mOUld be identical. The only costs.then that need to be considered are si~e acquisition and physical construction. Should City Council give serious consideration to the site mentioned above and presuming the sale of the incinerator property to the Redeve~pment Authorityt the only added expense would be involved in obtaining a somemhat larger site. Cost differential between remodeling the existing negligible and might even result In a savings. Accessibil~ty is a major factor end the new location shown on the attached drawing is accessible. The 19&? b~nd referendum included ~2 million for refuse disposal fac~litles. Approximately $150e000 bas been spent for the purchase of landfill equipment with approximately another $100,000 panda9 at this time. £ogfneering estimates for,the refuse transfer facility Including land. site development, building and refuse-equipment ran slightly under $500,000, or well within the remaining funds. Generally. it is felt that a new StrUCtUre would be more adaptable for this purpose than coverting the existing incinerator building. A~tieipa~ing t~at sari%factory arrangements could be made with the Redevelopment and Housing Authorityt it would be recommended that the City Council indicate to the'AuThority a willingness to sell the existing incinerator site. At the same timer we could ln~cate a desire to negotiate with them to possibly acquire an 'additional site within this area, Then, subject to City agreement for the design of our't~ansfer f~cllity. Assuming the Authority would be able to acquire and'clear the area io the next 'six to eight monthst and the ~esign of the facility could b~ com- pleted, p~ssibly we could be ia operation in about a year-and ahalf. ~ubJe~t to City Councllrs concurrence ~fth ~his repot[, it would be recommended that City Council authorize the City Hanoger, ts office in 'conJun.ction with the City Attorney to negotiate the terms of this sale of the incinerator to. the Redevelopment and Housing Authority. It would'further be suggested that City, Council give consideration to authorizin~ or negotiating mith the Redevelopment and Housing Auth~ty for either the ~xchaoge of the incinerator site, or a ~place- meat site in the same ge.neral area, or the purchase of such u site for the transfer station, Respectfully submitted, S/ Byron E. Hane~ Byron £. HaneF Acting City Raaager~ In a discussion.hi the matter, Rro Link e~prei~ed the opinion that be maul iike to see Cooncil.authoriz6 the City Manager to negotiate the terns of the sale of the property, that the site is not a functblal~ one and never will be, that the City of Roanoke Redevelopmeot and Rousing Authority asked Council three years ego to Include the Incinerator site in the Kimball Redevelopment ProJect, that the cry now has another chance to sell the property and It should take advantage of this opportunity. Rr. Garland expressed the opinion that if the City of Roanoke sells the Incinerator site to the Housing A~thority it will hare nothing to negotiate with for the purchase of a transfer station at a later date. · After a further discussfma of the report, Mr. Thomas moved that the matt. be taken under consideration pending additlonal,Jnfornation from the City Manager. The motion mas seconded by Mr. Trout and adopted, Mr. Link voting no. SEMERS AND STORM DRAINS: The Assistant City Manager submitted the followi~ report.of the City Mannger in connection with the Lick Run Oraioage Basin, recommend that in the interim period until completion of the Orange Avenue Diversion line ~nt there be restricted from connection to the sanitary sewer system any high density development'or new subdivision which would hare the effect Of substantial or marked sanitary sewer volume discharge and proposing that under this position each new connection to the system be reviewed as to frs application under these cfrcumstan~ "Roanoke, Virginia Novehber 2t 1970 Honorable Hayor and Cit~ Council Roanoke, Vlrgh ia This is a matte~ 'that has been building for some period of time. It is becoming nora emphasized to the extent_that, it Is felt that a certain position should be taken, recognizing the problen~ that accompany the position. For a number of years, there have been known to be certain Inadequacies in the capacity capability of the sanitary sewer line which serves the overall Lick Run Drainage basis. Various enlargements ,have been made to this line and others.yet will have .to be done. There is, howevere one primarily controllin~ segment. of the line which is that extending south generally from Interstate 581 and Orange Avenue. The 196S study of outfnll lines by Hayes,. Seay, Ma*tern and Rattern proposed, along with other namer lines provements,, the programming of newaod larger lines fur the Lick Rnn basin. Primary elements of this program were Included ia the 1967 Bond ~eferendnm. The most recently 'completed segment; as Council Is nwar~, Is that. which was built generally through Noshing,on Park and down into Interstate 581 and Orange Arenue intersection. The S~gment . on south from there is a major project. The Plans and specifications have been completed on it. It has been considered, and It Is believed logically sot that this line which will be a diversion line could be conStrue.ted In conjunction with the reconstruction of Orange Avenue ~ron tan Interstate east to ~lnker Creek. A portion of this line built when the easternmost section of Orange Arenue was reconstructed in the vicinity of Tinker Creek. Thus there,.remains the major segment ~rom approximately the Interstate to approximately IRth Street. Our best Judgment Is that i~ the highway project is advertiseds as now programmed, saki~factory bids received, and the contract let that we are antioipatin9 about two years before this sewer line would be available for use. - la' the mecotl~e~ ~he'existJag ~iue .id ~ut*oapoeJty,- In~ fkct, at whet would be coesldbred excess of ecpnoltT~ As u result of the nftoutfon~ fu~tbe~p&~t~y~i~or.,tm~ eertafd~restriotioua kate been placed upon significant gun'ltl*ns of.discharge into the basin. City Council,will*'recall~tbc wer~ consideruble, involvemeut that . related to the Holiday Inn development on Route llYk In order to obtain a control'of, dischurge,~the:requirem~it was~wade~for · holding thek, The State Health Department ~en issued a directive prohibiting holding tnnha~ufth the~result that-the Holiday lee of necessity mede other arrangements to discharge into the Lick Run basin. A~holdlug teak'ned other restrictions were established for the Redevelopment end Housing Authority Project in the Syracuse on the purr of the City es to availability of sewer from the developers o! the Arrow Wood Country. Club property, we have had to advise them that the commitment could eot be made beyond a stated nueber of ieitiul nnits~ In A~ril or.this year, tentative agreement was mede on a housing development in the Cove Road are~, north of the City llmits; however, this matter is hem complicated by the State*s reluctance to concur In the ese of a holding tank fSr the tm* year interim period. It is' felt that a general position should be stated, by the City for the understanding o~ all concerned and so that we might have reasonable guidelines that mould relate to each instance and so that developers, builders, et cetera might fairly anticipate the situation, While me might have been able to go along some further in time, the positioe of the State with respect to holding tanks and their concern as to the overloading of lines, in mhich we shareI has pressed the matter for earlier consideration at this tine. The area involved is that which might be best described as the Lick Run drainage basin, north of Orange Avenue, with several Immediately adjacent preas, nut ie the Lick Run drainage basin but mhlch ultimately drain, as to sanitary sewer, into the,Lick Run outfall line. For this area, it would be recommended that in the interim period until completion of the. Orange Avenue diversion line that there be restricted from connection to the sanitary sewer system any high density development er new. subdivision mhlch would ~ave the effect of substantial or marked sanftry s~wer volume discharge. This restriction should also apply to new business or industrial development representing large.sanitary sewer volume usage. The position should apply both within the City ands*he County. Xt Is difficult, if not inpos$ible,.to set any quantities either es to the nuEber of units or volume of · discharge as~beses upon which to apply such limitations. Xt would be proposed under this,position that each new connection to the system mould be reviemed as.to its application under these ctr= There mould be e* Intent to restrict or stop connections of individual dnqllings or.businesses or other activities ·of low sewage volume. However, a ee~ subdivision, the development of an e~isting ~uh divislo~, or a high density development through,which applications for sewer connections were made one at a time would ' fall within the necessity of overall reviem and what is considered to be ~be necessity of r~str~ction. It.is not c~rtaie as to ~hether or not this ~onmeedation mould have to.be.implemented by a Council reso~tion. It is felt that we can apply it administratively.If Council would SO wish, Xt would certainly b~ subject to review from time to time with relation to conditions then existing or then projected. This type of restriction always preseqts proble~s and is never well received. But our condition Is such on the loner segment of the Lick Run outfall line an~ the limitations of otherwise controlling the flow within the line that me feel there is e* alternative ~t this time. Respectfully submitted, S~ Julian F, Htrst Julian F. HIts* City Manager" la a discussion of the matter, Mr~ Link expressed the opinion that he is in concurrence with the report of the City Mnneger,.but that we Should tahe exception to the provision of the State later Control Board in connection with holding tanhs, in our particular situation ue ah*mid not he distil*wed to use holdln~ tanks to allieviate an emergency situation nnd that the matter should be discussed further mltl Hr. Thomas moved that Council concur In the report Of the City Manager and that the matter be referred to the City Attorney for preparation of the proper ~he motion was secooded bi Hr, Wheeler and unanimously nd*pred. FUEL, OIL'A~D COAL: The Asalstant City Maeager submitted a written report concurring in the follemlag rep*ri of a committee recommending that t~e bid of Rhiting Oil Company be accepted for supplying to the City ef Boanohe its annual requirmenets of No, I fuel oil and No. 2 fuel*Il: ' #October 2b, 1970 Honorable Mayor nod City Council Roanoke, Virginia Gentlemen: After due and proper advertisement, bids were received In the office of the Purchasing Agent and pnbllcly opened and read before the undersigned cgmmlttee for furnishing fuel oil to the City of Roan*he for the period beginning November 1, lgYO and ending October 31, 1971. The attached tabulation will show that bids were received from five firms. The American 011 Company submitted the lowest bid for supplying No. I Fuel Oil, and Whiting Oil Company submitted the lowest bid,for supplying No, 2 Fuel 011; however, by ~ombining the two types of fuel the lowest bidder would be Whiting O11 Company. The committee feels that it would be to the best interest of the City to award a contract for both types.of fuel to one supplier,since thee would only be a savings of approximately $1.20 by awading two contracts. A representative for'the American Oil Company has informed the Purchasing Agent that due to the small quantity of No. I Fuel Oil to be purchased, his company would have a* objections to this method of award. Therefore, it is the recommendation of the committee that the bid of Ihiting Oil Company be accepted for furnishldg and delivering to the City its annual requirements of No. I andNo. 2 F~el 011 for the period beginning November 1, 1970~and ending October 31, 1971. in full accordance with the Clty*s specifications'and requirements as follows: 'No. I Fuel 011 ' No, 2 Fuel O11 Tank Nagon Price ~.1830 per'gal. ~.1680per gal. Less Discount ,0439 per gal. .0401 per gal. Net Price . ~.1391 pe~ gal. .127g per gal. The above tank:wag~a prices are based on current #Posted Consumer Tqnk Mogon Prices,~ at Roanoke, Virginia, and are to be adjusted to any increase or decrease of the "posted Consumer Tank Magon Price* lo effect at Roan*he, Virginia on day of delivery, but the above .discounts will remain unchanged throughout the contract period. Respectfully submitted, S/ Byron E, Haner COMNIT~EE~ Byron E. Haner Assistant City Manager $/ William F. Clark Mll lhm F. Clark Director of Public Works B/ B. B, Thompson Bueford 'B. Thompson Purchasing Agent~ Dr. Taylor moved that Council concur in the 'recommendation of.the Assistant city Manager and offered the fell*ming emergency Ordinance: (n19389) ,AN ORDINANCE providing for the supply to the City of its annual ,rqquiremcots cf'Bo, I fuel o{1 and Bo, 2 fuel o11; accepting c~rtaln,proposals made therefor; rejecting oertalo other bids made to the City for furnishing said feel oil requirements; and providing for an emeqgeflcy, (For full tent of Ordinaocet see Ordinance Book Bo. 35. page B.) Or. Taylor moved the adoption of the.Ordinance, The motion nas seconded by Hr. Trout and adopted by the followiog vote: AYES: Mesars, Garland, Llskt:Taylor, Thomas, Trout, Mheeler nod Mayor Mebber ................ ~---7, . : NAYS: Bone ....'0, TRAFFIC-SCHOOLS: Council having referred back to the City Attorney for redrafting a proposed Ordinance pertaining to parking regulations at Virginia Meat*rE Community College to provide that penalties established in said Ordinance be fixed a~ the same amounts as are provided for overtime parking at parking me,rs on city streets, the City Attorney submitted the following report advising that the proposed Ordinance.has been amended accordingly and that the Ordinance has been prepared aa an emergency measure but ~o take effect ten days after its passage by Council: "November 2, 1970 The Honorable Mayor and Members of Roanoke City Couocil. Roanoke, Virginia Gentlemen: _ Considering subject matter at the meeting held on October 1970,, and the proposed ordinance then before the Council, the Council iQdlcated its intent that the penalties to be provided for violatioQnf parking regulations applicable to the property of Virginia Western Community College be the same as the penalties prescribed by ordinance for parking off*ns*sen the public streets, in general,.and referred the matter back to the City Attorney.so that apprQpriate changes might be made in the draft of the ordinance then before the Council. Underst~n~ng-that the Council desired that the penalties provided in the proposed ordinance be fixed at the same amounts as are provided ~or overtime parking at parking meters on the CitySs streets, such ordinance ~s been changed so as to provide that a person.charged with an infraction of the parking regulations applicable to the Community. College prope~ty and whose penalty, upon a finding ofgullty by the Court trying the case, would be · not. less than $2.$0 nor more than $20.0.0, might, within 72 hours from the time of notice of violation, voluntarily appear, waive formal trial and pay the sum of $1.O0, (instead of~5.00 and ~2,50, respectively, as heft*fore proposed). Also, the ordinance has now been prepared.as an emergency measure, but to take el(eot ten days after its passageby the Council~ and an express provision has been made that the ordinance be published in full iu a local newspaper subsequent to its passage, Section 151 of Chapter 1, Title XVXXI, of th~ City Code (the City's Traffic Code) provides similar penalties for those found guilty or waiving,right of trial on charges of overtime parking at parking meters, except that the maximum fine in such instances is fixed at $50,00, Homey*r, State law limits at $20.00 the penalty which may be fixed for the violation of parking regulations off State-*weed property located lo a city, as is the ioatant case. Respectfully, S/ J. N. Kincanon J. N. Kincanon" Mr, LIsh moved that Council concur in the report of the City Attorney and offered the roll,wing emergency Ordinance': (u19390) AN ORDINANGK to amend Title XVIlI, Chapter 1, of the Code of the City of Roan*he, 1956, by the addition of a new section, to be numbered Sen*loc 62,1 regulating vehlcula~ parking on the property of Virginia Western Community College, pursuant to 815,1-516, Code of Vlrginlaf 19500 as amended; and fixing penalties for the violation of saab regulations; and providing for'an emergency. (For full text of.Ordinance, see Ordinance Rooh No. 35, page 9,) Mr. Link moved tb~ adoption:of the Ordinance, The motion was seconded by DF~ Taylor and adopted,by the,following vote:, AYES: Messrs. Garland, Llsk, Taylor, Thomas, Trout, Rheeler and Mayor Mebber ........................ ?. NAYS: None ............O. INDUSTRIES-STATE HIGHI(AI~: The City Attorney submitted the following repel advising that appropriate deeds of conveyance have been tendered to the City of Roan~ sufficient for the right of way for the new Industrial Access Road from 9th Street, I S. E., In the Roanoke Industrial Center complex upon certain terms and provisions fro' Industrial Development ~ Investment Company, Morton Honeymuu and Leonard G. Muse, Trustees and ~olun Jackson Realty Corporation: "November 2, 1970 The Honorable Mayor and Rembers of Roan*he City Council Roanoke, ¥irgiuia Gentlemen: . : Ordinate* No. 19339 of th9 Council adopted Sept*uther 20,'1970, provided for the Cityts acquisition of three parcels of land necessary for th~ right-of-way for subject project and, in makin g provision for the parcel described in paragraph (c), expressly provided that the deed of conveyance made with reference to that land contained provision that Industrial Development 6 Investment Co. might have'and ~Serve a perpetual easement for an,IR-foot wide railroad spur line now occupying and crossing the land. Agreement seemingly reached betmeen the plrties other than the City subsequent to September 28th appear to have resulted in an arrange- neat between Nolan Jackson Realty Corporation and Industrial Development ~ In*es*men* Co. that Melon Jackson Realty Corporation, rather than Industrial Development ~ Investment Co~., be the prope~y owner entitled to the easement for the railroad crossing occupying the 0,759 acre p!rcel, ahoy*mentioned, but subject to the same conditions of main- tenance and lndemlnty as would have been undertaken by Industrial Development ~-Investment Co. under Ordinance No. 19339,.aforesaid. Good an~ sufficient deeds o~ conve.a nc* to the City have mom been drawn, executed and delivered to the undersigned by attorneys. representing the respective property Om.rs, the deed conveying the fee simple title to the 0,759 acre parcel, ahoy*mentioned, containing provision whereby Nolan Jackson Realty C~poratloi/ would be the one entitled to the a~o rem*uti*ned railroad crossing easement; othermiset the several deeds of conveyance are precisely as provided in Ordinance NO. 19339. Perceiving no reason, legal or practical~ why'Nolo* Jackson Realty Corporatia~ instead and In lieu of Industrial OeveIopmeot ~Iavestmeat CO;, should not be the owner of the.easement heretofore authorized to be reserved'in the 0.759 acre parcel of 1.~ad, th*undersigned has prepared a~d transmits herewith to the Council, with recommendation for adoption, an ordinance which would amend the prior ordinance to the extent heretnobnve mentioned. Open its approval by the Council, all deeds eom held in my office and providing the right-of-may for the entire of the above project, according to the plans there*ft, will be promptly recorded fo the local Clerktn office, Respectfully S/ J. N. Eincanon Mr. Thoma~ moved that Council concur in the report of the City Attorney and offered the following emergency OrdJmaucez (#19391) AN ORDXNANCK amending Ordinance No, 19339', adopted S~ptember 28, providing for the City*s acquisition of the fee ?imple 'title to cerlaln land Mac*ed and needed by the City as a r lfPlt-of-mu~ for' an Industrial access ¥oad or s tree from 9th Street, $. E** ia the Roanoke Industrial Center Complex, Highway Project No. 9999-12G-104, C-50I, upon certain terms and provisions; and providing for an (For full text of Ordinance, see Ordinance Book Ho~ 350 page 11.) Mr. Thomas moved the adoption of the Ordinance. The: motion was seconded by Mr. Trout and adopted by the foil*ming vote: AY£S? Messrs. Garland, Llsk, Taylor, Thomas, Trout, Wheeler and Mayor Webbe~ ..................... 7o NAYS: None ..... O. STATE CORPORATION COMMISSION: The City Attorney submitted a written report advising that a public heaving will be held on December R, 1970, ut lOgO0 a.m. iu Richmond, Virginia, by the State Corporation Commissions on an application of Al*s Radio Cobs, Incorporatede of WaShes borg, Virginia, for a Cert'lficate of Public iConvenience and Necessity for the handling of passengers and l~ggage having an immediate prior or subsequent Journey by aircraft from and to Shenandoah Valley Alrpo ilo Augusta County and ~at designated airports withiu the State of Virginia. Mr. Trout moved that the report be received and filed. The motion was inecoaded by Mr. ~heeler ~ad unanimously a~pted. REPORTS OF CBMMX~EES: AUDITORIUM-COLISEUM: Council having referred to a committee for study, report and reconmendatioo the proposals for an approved list of caterers for supplyln 'preparing and catering meals at the Roanoke Civic Center for a period of two years from the date of the opening of the Civic Center, the committee submitted the following report recom~ nding ~at the pr*pos'als of H. D. Shortt, Ar:hie F. Farrish, The Hotel Roanoke, Leudy*s Family Restaurants a~d Amer'ican Motor Inns, Incorporated, be accepted: "2 November 1970 *Mayor Roy L. Mebber and Members of Roanoke Cl~y Council Gentlem~n~ After due and proper advertisement, proposals mere received and opened before City Council at its regular meeting on' Monday, October 19, 1970 to establish an approved list of caterers for supplying, preparing and caterin~ meals ~t certain functions in the Roanoke Civic Center for a period of two yearn from the date of the official opening of the Civic Center. At a previous 'meetin~ of October 5, 1970, apon ~c'ommendation of the City Manager, a motion was made and duly seconded that the City Council authorize the Mayor to appoint a committee to receive* the proposals but rather than to have them read at the Council meeting as is customary, to studythese proposals and report back to the Council at a later ~dateo This was done in an effort to save time and mould pe.rmit the Council to proceed with its regular meeting. 185 At your ~eetlng of October 19, 1970, on a motion mode and duly seconded, the undersigned committee was appointed for thor purpose. The ~ty~receiv~d"slx proposols us follows: 1. M. Di Short 2. Archie F.-Porrlsh 3. glmefleld Cuterhrs 4. Motel Roanoke Lendyts~Fuully Reotaurants 6. Americao Motor Inns. Inc. Me are enclosing a list of the specifications for this apP~ved list of cbterers for your careful perusal and conti~&atlon' and mhlch will furnish you mith most of the ansmera to uny. questl?n that you might have. After a very thorough discussion and an exomination of each of the proposals, this committee recommends that you opprove the folloming'us ~aterers of the Roonoke*Clvic Center for a tau year Period: 1. M. D. Short 2. Archle F. Parrish S, Hotel Roanoke 4. 'Lendyts Family Restaurahts 5. American Motor Inns, Inc. It appeared to the committee that this list would provide the city mith a very wide range of food service and at' the same time' provide a price range for meals that could be adaPted to most any type of functlon~ The' committee also felt that it should stress to the Coancli as well as to the app~ved list of caterers, the ~tmost Importance of [e quality of food as mell as the quality of service at our' Civic Cen~r. The difference could very well be the success or failure of our Civic CeOter and would quite naturally influence' the councllts position on the future operation of the food service at the Cfvl~ Center at the expiration of the Initial two year period. S/ Robert A. Garland Robert A. Garland, Chairman S/ Howard E. Radford Bomard Eo Radford Respectively submitted, S/ John A. Kelley . John A. Kelley S/ M. B. Thompson B~eford B, Thompson" Mr. Garland moved that Council concur in the recommendations of the comml and that the matter he referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Trout and unanimously adopted. UNFXNISHED BUSINESS: NONE, CONSXDERA~IO~ OF CLAIMS: NO~E. INTRODUCTION ~ND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-SALE OF PROPERTY-STATE HIGHWAYS: Council ham,lng directed the City Attorney to prepare the proper measure appropriating ~6,349.00 to CIP 21, Tenth Street Bridge Improvements under Section m89, ~Transfers to Cap~tal Xmprovement Fund of the ig?O-TI budget, in connection with the redesign of the Tenth Street Bridge in order to utilize meatherhg steele Mr. Link offered the follomio~ emergency Ordinanc, (n19392) AN ORDINANCE to amend and reordain Section nBg, UTransfers to Capital Improvement Fund," of the 1970-?1 Appropriation Ordinance, and providing for an emergency. '(For full text of Ordinance, see Ordinance Boor No. 35, page -Mr. Lisk moved the adoption of the Ordinance. The motion wa~ seconded:by Mr. Trout and adoptedby the following vote: AYES: Nessrs.' Garland, Llsk, Taylor, Thomas. Trout, Wheeler and Mayor Webber ........................... 70 NAYS: None ......~ ...... O. In this connection, Councl~ hovingalso directed the City Attorney ~o pre- pare the proper measnr~ reque~ting th~ Vlrgiqia Department ~f Highways to redesign the plans for the proposed nam 10th Street Bridge ~ver the Norfolk and Western Company tracks so as to utilize weathering steel lq the construction:of the bridge; and committing the city to pay to the Commonwealth of ~irginl~ its cost for such redesign of the bridge agreed to amount to ~6,348o00. he presented same; mhereupon, Dr° Taylor offered the following Resolution: (~19393) A RESOLU~XON requesting the Virginia,Department of Highways to redesign the plans for the proposed new lOth Street Bridge over the Norfol~ and Western Railroad tracks so as to utilize weathering steel in the con~truction of the bridge; and ~ommitting the City to pay to the Commonwealth of Virginia its cost for such redesign of the bridge, agreed to amount to (For.ful~ text of Resdntion, see Resolution Book No. 35t page 15.~ Dr. Taylor moved the adoption of the Resolution. .The motion mas seconded by Mr, Trout and adopted by the following vote: AYES: Messrs. Garland. Li~k, Taylor. Tbomas..Trout. Wheeler and Mayor Webber ............ T .............7. NAYS: None ............O, BUDGET-CITY GOVERNMENT-COUNCIL-VIRGINIA MUNICPAL LEAGUE: C~uncll having directed the,City Attorney to prepare the proper measure appropriating ~1,254.00 to Xnvestlgations, Studies and Eewards under Section mi, "Council~' of ~he 1~?0-71 budg to provide funds for the participation of the City of Eoa.~fte on the Cities Committee of the Virginia Municipal League, ~ro Trout offered the foal*wing emergency Ordinanc~ (m19394) AN ORDINANCE to amend and reordaln Section ~1, ~Co~ncil.~ of the lg?O-71 Appropriation Ordinance, an~ providing for an emergency. (For full t~xt, se? Ordinance B~4~ ~oo 35! page 16~) Mr. Trout moved the.adoption of the Ordin~nce. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland, Ltsk, Taylor, Thomas. Trout' Wheeler and Mayor Mebber ...................... NAYS: None-7-- ..... O. In this connection, Council having also directed the City Attorney to pre- pare the proper measure providing fo~ the partl~pa~lo? of the Cit~ of Roanoke on th* Cities Committee of the Virginia Municipal League; end committing the city to par*lc: fn payment of a proport~onate part of the expenses o£ said Committee. he Presented same; whereupon, Mr. Lisk offered the following R~solution: (a19395) A RESOLUTION providing for the City of Roanoke*s participation on the Cities Cpm/~ttee of the ~frgioin:Rualelpol League; and committing the City to participate in payment of,a proportionate,part of the expenses of:said Committee, (For full text of Resol~ion, see Resolution B~ok NO, 3§, page 16,) Hr, Link moved the adoption of the Resolution. The motion~was seconded by Mr. Trout and adopted by the following vote: 'AYF. S: #e~srs, Garland,' Lls~ Taylor, Thomas, Trout, ~heeler and Mayor ~ebber .................. ~ ...... 7.~ NAYS: None-~ ....... O, JAIL-CITY SERGEANT: Council having directed the City Attorney to prepare the proper measure authorizing,the City S~gea~t to cancel the existing three-year written contract, effective April 1, 1969, with the United Stat~ Department of - Justice, Bureau of Prisons, relating to the sa~eeplng, care and subsistence, but not medical treatment, of persons held or detained under.authority of any United States statute, including persons detained as aliens; and authorizing the City Sergeant to negotiate and enter into a new three-year written contract, to be effective January 1, 1971, with,the United States Department of Justice, Bureau of Prisons,.relating,to such services, he presented same; mhereupon, Mr. Llsh offered the following Resolution:. (~19396) A RESOLUTION authorizing the City Sergeant to cancel the ex(stir three-year written can*fa(*.,effective ~pril,1, 1969, with the United States Depart- ment of Justice. Bureau. of Prisons. relating to-the sar*beeping, car. and sobsJste£ but not medical treatment, of persons held or detained under authority of any Unite( States stout*, inilnding persons de*ah ed as aliens; and authorizing the City Sergeant to negotiate and enter into a new three-year written contract, to be effec- tive January 1, 1971; mlth the,United States Department of Justice, Bureau of Prison relating to such services. (For full text, see Resolution Book No. 35, page 17.) Mr. Link moved the adoption of the Resolution. The motion was'secnnded by Mr. Thomas and adopted by the following vote: AYES: RessrsL Garlandt Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Robber ....................... NAYS: None .........O, BUDG£T~AXRPORT: Councll having directed,the City, Attorney:to prepare the proper measure appropriating ~2,500, OO to Fees for Professional and Special Services under Section n4, ~Attorney'," of the la~O-?i budget, to pro~lde funds for the employment by the City Attorney of the legal services of Ballard and Beasley. Attorneys at La~, Nashington, D. C., to represent the City of Roanoke in connection with the announced discontinuance by Ea~ern Air Lines, Incorporated, of certain of its service to.and from Roanoke and matters related thereto, Dr, Taylor offered the following emergency Ordinance: (~19397) AN ORDINANCE to nmepd and reordain Section #4, "Attorney," of the 1970-71 Approprfutfea ordinance, nod providing for an emergency, (For full text'of, Ordinance, see Ordinance Rook Re. 35, page Dr. Taylor moved the adoption of the Ordinance. The mo*foe was seconded by Rr.,Wheelef and adgpted by, the fpllowing vote: AYES: Yessrs. Garland, Link, Taylor, Thomas, Troute Wheeler and Mayor Nebber ..... ~ ...................... 7. RAYS: None ............ O. MOTIONS AMD MISCELLA~IEOUS BUSINESS: SCHOOLS: Mr. Trout coiled to the attention of Council the recent burning of the L~udon El*men*ray School on November 1, 1970, and moved that the City Manager be directed to furnish Council with a status report of Insurance coverage on the school and that the City Manager also be directed to furnish Council with a report In connection with.safety conditions and removal of remaining debris at the London Elementary School. The motion was seconded by Mr. Wheeler end unanimously adopted. COUNCIL : Mr. Link called to the attention of Council .that there are a number of appointments to various committees, commissions and bo~rds that need to be filled by Mayor Webber due to the resignation of Mr. James B. Jones and the expirati of the terms of Mr. John We Boswell and Mr. Frank R. Perktnson, Jr., as members of the Council of the City of Roanoke. May~ Webber advised that he would review the list of vacancies and make recommendations to fill said vacancies as soon as. possible. STREET LIGIt~S: Mr. Llsk advised that he is very much concerned with the present street lighting program of the City of Roanoke and moved that the question of updating the present street lighting program of the city be referred to a commit* composed of Messrs. Vincent S. Wheeler, Chairman, David K. Llsh and Julian F. Hits* for studyt report and recommendation to Councllo The motion was seconded by Garland and unanimously adoped. INTEGRATION-SEGREGATION: Mayor Webber pointed out that there Is a yacanc on the Community Relations Committee ~ated by the death of the Reverend David L. Collins and called for ~dminutlons to fill the vacancy. Mr. Thomas placed in nomination the name of Mrs. Tbomasine R. Williams. There being no further nominations. Mrs. Thomasine M. Williams was elect* as a member of the Community Relations Committee by the following vote: FOR MRS. WILLIAMS: Messrs. Garland, Lisk, Taylor~ Thomas, Trout. Wheeler and Mayor Webber .................. DEPARTREN~ OF PUBLIC ~ELFARE: Mayor Webber pointed out that there Is a ~acancy on the Advisory Board of Public Nel~are due to the reslgflatJon of Dr. Noel C Tailor.for a term ending November 7~ 1971, and called ~or nominations to till the Dr. Ta~lor placed In nomination the name of the Reverend Edward T. Burton. There' being an further nominntlase the Reverend Edward T. Burton naa elected as a member of the Advisory Eonrd oF Public Welfare to fill the unexpired term of Dr, Noel C. Tarlor, resigned~ ending November 7, 1971; by tbe foll6wing vote: FOR REVZK£~D EUETG~: Xessrs, Garlandt Lfskt Taylor, Thomast Troute.Wheele and Mayor Webber ..... ~ ...... ? ....... ~-?.- There being no further business, Nay6r Webber declared the meeting adjourned. APPR'OVED ATTEST: : / City Clerk Mayor COUNCIL, REGULAR MEETING, Monday, November 9, 1970. The Council of the City of Roanoke net in regular meeting in the Council Chamber in the Municipal Building Annex, Monday, November 9, 1970, at 2 p.m., the regular meeting hour, math Mayor Mebber presiding. PRESENT: Councilmen Robert A. Garland, David M. Lash, Noel C. Taylor, Hampton M. Thomas, Vincent S.Nheeler and Mayor Roy L. Webber ..........6. ABSENT: Councilmen James O. Trout ...........................1. OFFICERS PRESENT: Mr. Byron E. Haner, Assistant City Manager, #r. James N Kincanon, City Attorney, and Mr. A. N.GJbson, Assistant City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend A. Barnett Day, Retired Christian Church Minister. MINU~ES: Copy of'the minutes of the regular meeting held on Monday, October 26, 1970, baying been furnished each member of Council, on motion of Mr. Lisk, seconded by Mr. Thomas and unanimously adopted, the readln9 thereof was dispensed with and the =lnutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: AUDITORIUM-COLISEUM: Pursuant to notice of advertisement for bids on furnishing and installing window draperies and drapery hardware for the Roanoke Civic Center, mid proposals to be received by the City Clerk until 2 p.m., Monday, November 9, 1970, and to be opened at that hour before Council, Mayor Nebber asked if anyone had any questions about the advertisement and no representative present raising any question the Mayor instructed the Deputy City Clerk to proceed with the opening of the bids; whereupon, the Deputy City Clerk opened and read the following bids: Virginia School ~quipment Company, Inc., - $ 17,125.00 Leoeardts Draperies, Inc., - 19,266.00 Stedman House, lnG., -- 24,763.1H Mr. Thomas moved that the bids be referred to a commitee 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. Mheeler and unanimously adopted. Mayor #ebber appointed Messrs. Byron Eo Bauer, Chairman, Howard E. Radford John A. Kelley, John M. Chappelear, Jr., and Mrs. Evelyn S. Turner as members Of the committee. PETITIONS AND COMM~IlCATIONS: STREET LIGHTS: Copy of a communication from the Appalachian Power Company transmitting a list of street lights installed and/or removed during the month of October, 1970, was before Council. Mr. Thomas moved that the communication and list be received and filed. The motion mas seconded by Mr, Llsk and unanimously adopted, SALE OF PROPERTY-STREETS AND ALLEYS: A communication from Mr. Mack Aheron. renewing his offer to purchase city-Owned property located on the south side of Orange Avenue, N, g.o west of Osborne Street, being all of the southerly residue of Lot 24. Block 20. Jackson Park. Add~tlon. Official Tax No. 3330111. for the sum of $2.000.00. cash, was before Council. Mr. Llsk moved that ~e communicatim be taken under advisement, The motion was aecoeded by Mr. Garland and unanimously adopted. TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY-SCHOOLS: A communication rom Mr. James H. Stamper, Director, TAP Program Planning & Evaluation, transmitting report describing activities of TAP for the current program year'and requesting he suggestions of Council for changes h the TAP program uhich Council believes TAP should consider in their annual planning process and the proposals of Council for how the projects of TAP might complement and be coordinated with current and planned efforts to eliminate poverty, was before Council. Mr. Thomas moved that the communication and report be received and filed. The motion mas seconded by Dr. Taylor and unanimously adopted. Mr. Garland then moved that the City Manager be directed to forward each month to ~tal Action Against Poverty in Roanoke Valley a copy of the list of Job opportu~ties available within the'employment of the City of Roanoke. The m~ion was seconded by Dr. Taylor and unanimously adopted. TRAFFIC: A communication from Mr. Charles W. Turpin, transmitting a petition signed by 246 citizens requesting that a walk sign be installed at the corner of Fifth Street and Campbell Avenue, S.W., was before Council. Mr. Lisk moved tM t the matter be referred to the City Manager for study, report and recommendation to Council. The motion was seco~ted by Mr. Garland and unanimously adopted. SEWERS AND STORM DRAXNS: Copy of Resolutin No. 495 adopted at a special meeting of the Town Council of the Town of Vinton on October 21, lgTO, requesting the City of Roanoke to submit to the Town Couecil of the Town of ~ton a written statement outlining under what terms and conditions, iT uny, the City of Roanoke would treat excess sewage of the Town of Vinton, was before the body. After a lengthy discussion of the request, Dr. Taylor moved that the matte he referred to the Sewer Committee for st, dy, report and recommendation to Counil. The motion was seconded by Mr. Garland and unanimously adopted. REPORTS OF OFFICERS: RUDGET-AIRPORT: The Assistant City Manager submitted a w~ttten report of the City Manager recommending that $100.00 be transferred ftcm Motor Fuel and LubrJcan to Other Equipment-Replacement under Section a65, *Airport," of the 1970-71 budget, to provide funds for the purchsse of two csnnister~type vacuum cleaners at $50.00 each. Mr. Lisk moved that Council concur in the recommendation of the CAt? Manager and offered the following emergency Ordinance: (~19398) AN ORGIHANCE to amend and reordain Section uGs, *Airport,* of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For fall text or Ordinance, see Ordinance Hook No. 35, page 17.) Mr. Llsh moved the adoption of the Ordinance. The m,tim was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, LJsk, Taylor, Thomas, Wheeler and Mayor Webber--5. NAYS: H,ce ........................................................ O. (Mr. Trout absent) HBDGET-MI~ZCIPAL COURT: The Assistant City Manager submitted a written report requesting that $1,983.63 be appropriated to Maintenance of Machinery and Equipment under Section #20, *Municipal Court,* of the 1970-T1 budget, to provide funds for overhauling tm, cash registers in the Office of the Clerk of Municipal Court and the Warrant Issuing Office. Mr. Thomas moved that Council concur in the request of the Assistant City Manager and offered the following emergency Ordinance: (=19399) AN OROINANCE to amend and reordain Section u20, *Municipal of the 1970-71 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 17.) Mr. Thomas moved the adoption of the Ordinance. The motion was Seconded Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor. Thomas, Mheeler and Mayor NAYS: None ..............O. (Mr. Trout absent) BUDGET-HEALTH DEPARTMENT: Council having referred the question of ascer- taining whether or not space for a proposed area clio/: could be secured rent free the Roanoke Memorial Hospital bact to the Uty Manager for report, the Assistant Zity M~ ager submitted the f,Il,ming report advising that on Tuesday, November 3, ie conferred with Mr. William H. Flannagan, Director, and Dr. Charles Crockett, )irector of Medical Services at Roanoke Memoiial Hospital on the matter, that they indicated they mere not amore of the magnitude of the plans of the city, that they not prepared to offer full time space for this purpose in the Roanoke Memorial l,spiral rent free and recommending that $4,353.75 be appropriated to provide, funds ~or the operation of the new medical clinic to he est~htished in the Carlton Terrace t,Aiding tu order to betMr serve residents in the southeast area: !1'93 *Roanoke, Virginia Sovember 9, 1970 Honorable Mayor amd City Council Itaaoke, Virginia Gentlemen: On Honday, July 27,-1970, the City Manager pYesented a report to City Coaacll advising of u need for s new clinic to be housed in the Carlton Terrace Building and.recommended that City Council restore funas to the budget for equipment and rot rental of the area to be utilized'by this clinic. City Council referred thin matter back to the City Manager and asked that he ascertain whether-apace cuAd be secured rent free iron the Roanoke Memorial Hospital for this purpose. In reporting back to City Council, I woald like to provide a little additional information. Early in 1970 a survey of health department facilities revealed that the department Would be unable to increase its services to the community without additional facilities. The recent establishment of clinics at Eurrell Memorial Hospital has shown that by taking health services into the neighborhoods, we are able to fulfill the medical needs for a larger segment of the population as many people are unable to reach the City Health Center. An analysis of nursing case loads within the City reveals a large namber of patients residing in the southeastern segment of the City. Eased upon this information, the decision was made to request City Council to authorize the establishment of a brauch office of the Health Department in that part of the City to provide additknal clinics end services to that papa)arian group. This decision was further supported when the Geeeral Assembly passed a point resolution directing the State Department of Health to explore every avenue to bring high quality medical care to the neighborhoods in the most need o! these medical services. A State Health Department medical team uf experts evaluated this area and indicated that a branch office was needed. Accordingly, Doctor Fsgan*s office included tbs City*s ann the St;te*s share of the cost of this facility in the 1970-?1 budget request; however, in the process of bringing the budget into balance this request for funds was deleted. Considerable additional information and definition with regards to this need for a satellite or branch office is available. Primarily this branch offic~ would allow patients un~ev the supervision of the City Health Department to receive' medical services at a neighborhood level and provide ready access tO nursing consultation reasonably close to their homes. Additional services that would be made available in this office are: 1. Family Planning.Clinic - This clinic was set forth iu the original plan for the ~tablishment of this office. Such a clinic would ease the load at the Rehabilitation Center where patients must register by 8 a.m. and await their turn to be seen, oftentimes as late as 12:30 or I p.m. 2. Immunization Clinic - Establishment of this braoch office will make possible for residents ia southeast to receive fmmunizatiens closer to their homes. This will assist many people who forego needed immunizations rather than travel all the way to the main health department. 3. Tuberculosis Control - Except for x-ray examinations, all follow- up services for tuberculosis patients and their *contacts can be received at this office. 4. School Diagnostic Clinic - From time to time the schools request that certain problem children be seen to establish whetter or not there is a physical basis for thor behavior difficulties. 5. Home Health Services - By placing paramedical personnel in this area where the case load is heavy, it will be possible to save travel time and increase the number of possible visits in a day. 6. Drug Distribution - In addition to stoching tuberculosis drugs, this branch office will dispense prescribed drugs for supervised cases. These drugs will be used to control seizures (epilepsy), rheumatic fever prohylaxis, family planning pills, etc. Pro- vision of stocks of these drugs at the branch office will ~ahe it less likely that the patient will fail to keep to the prescribed course of treatment. . i complisu~'~lth Cl{y councll*s directives on Tuesday, November 3, 1970, I visited'the Roanoke Memorial Ho~itcl-nnddiso'ussed this situation with Mr. Flaanagcu, Di~ect'or, ubd Docior~Cburles Crockett, Director of Medical Services/ At that time they ladiccted that they mere not.aware of the magnitude of our plans. The were not prepared.to offer fdll time space for tala purpose rent free. They did indicate a deep interest in the program nad felt that their location cold be reached us easily as a branch office ct the Carlton Terrace. They suggested that we consider the former Garland clinic located near Dale Avenue in southeast. This area had already been consisted by the Health Department but is already occupied. Follomlng the above meeting, Doctor Fsgan contacted Doctor ~rockett end discussed the program as he visualized it. The service would In no may af~ct the present services being provided at the Roanohe Memorial Rehabilitation Center. In the discussion Doctor Fagan pointed out that at such tine as the new senior citizen high-rise apartment building is completed in southeast Moanohe, the facilities will be transferred to that location to meet a greater need for the elderly occupants. At tMt time It is anticipated that these clinics can become traiuhg centers for resident physicians of the Roanoke Memorial Uospltal. This is of prime interest to both Dr. Crockett and Mr. Flonnagan. To date the City is doe reimbursement in the amount of $17,339.38 from the State Health Department for operation of the Hmlth Center. The total cost to establish this facility by purchase of equipment and rental is $9,675, with the Clty*s share being $4,353.75. It is recommended that City Council by budget ordinance amendment appropriate $4353.?5, which is 45 percent of the total amount needed to set up this facility in the Carlton Terrace. Respectfully submitted, $/ Dyron E. Hamer Byron E. Bauer Assistant City Manager# Mr. Lash moved that Council concur in the recommendation o~ the Assistant City Manager and offered the following emergency Ordinance: (z19400) AN ORDINANCE to amend and reordain Section aal, ~Hoacoke City Health Department," of the 1970-71 Appropriation Ordinance. and providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 16.) Mr. Lish moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and :adopted by the follGming vote: AYES: Messrs. Garland, Lash, Taylor, ?homas, Mheeler and Mayor Webber .................................... 6. NAYS: None ...................... O. (Mr. Trout ~sent) AUDITORIUM-COLISEUM: The Assistant City Manager submitted the following report of the C~ty Manager recommending that Ordinance No. 16569 be amended in connection with rental rates at the Doaoohe Civic Center to provide that fifty per cent of the basic rental fee shall be paid in cash or certifie~ check at the time of the signing of the contract, that the Civic Center Director, with the approval in each instance by the ~Ity Manager, may use his discretion and negotiate with respect to the fifty per cent of the basic rental fee with known and established organizations, the balance o~ the rental fee to be paid in £ull before occupancy except for those charges that cannot be ~etermined in advance: 'Roanoke, Virginia Hovember 9. 1970 Monorable Mayor cud City Council Roanoke, Virginia Gentlemeni Under primarily, two ordinsnc~s, the procedures for the o~eratfm of the Civic Center were established. The firat, Ordinance Ho, 16569, detailed the~rules, policing and rentul of the facilities. OrdJneRce. Ho. 19119 of March 1970 made some minor revisions in the previous ordinance and also Fairly basically set up the Civic Center Department. In preparing-the recommended material for the lease and rental codditions, for the initial ordinance, the City #naGger end Civic Cm tar Director had proposed certain wording with respect toa~equirezont for an advance on rental fees to persons, oFginiaations, et cetera WoUld be renting uny of the facilities in the Center. This initially proposed revision read as follows: *Fifty percent of basl~ rental fee shall be paid in cash or cet~ified check ut the time of the signing of the * contract. The Civic Center Director may use his dis- cretion to negotiate in this matter wftu hnomn and established organizations. The balance shall be paid in full before,occupancy except for those charges that cannot be determined in advance.' Then in the consideration of the material and the ordinance by Council and others, this provision Mas changed to read as follows as contained in Ordinance Ho. 16569: *Fifty percent of basic rental fee shall be paid in cash or certified check at the time of the signing of the contract. The balance shall be paid in full not less than 14 days prior to occupancy or at the signing of the cofltract, whichever is later, except for those charges which:cannot be determined in advance.* Me anticipated some operational problems with respect to the pro- vision as it went into the ordinance, ~h the result that mhen Ordinance Ho..19119 cametalong, under sectim 5 thereof, the above provision was ~lightly revised to provide that 'for convent i ms and conferences only' the requirement of the 50 percent advance basic rental fee may be waived or reduced by the Civic Ceuter Director upon approval of the City Manager. This revision helped considerably with respect to the conventions and conferences. However, we are running into somewhat the same situation in regard to certain other uses or prospective tenants. If we mere~aliog with almost totally situations, mhereby cantracts were being entered into 30 or 60 days prior to the event there might not be too much difficulty. However, what is happening, and I believe understandably soo Is that me are entering into or attempting to enter into contracts six months, a year or even mgre, for events. Certain of the large traveling shows, athletic groups and others are · matter of making arrangements and securing contracts a year so in advance of their use date. Some of these are well known and established organizations mbo are very reluctant to put up the full 50 percent of the rental fee that far in advance and we have certain uotJmally known organizations that have a firm policy against such a large payment that far ahead. This is understaudable because they mould thereby.be tyingup a great deal of operating money around the countxy if they bad to~t up comparable advances that far ahead for their full yearly schedule. Me have had one. example amongst some others within the past week whereby a traveling art exhibit mould lease a portion of the Center*s facility at what mould represent a rental of $900. This mould be seven to eight months from mom and they have sent in $50 to cover the contract and will make a~e~nent to pay the balance not later than 60 days prior to the event but are firm in declining to pay the full 50 percent at this stage. These are others. It is felt that it would be both reasonable and in order to amend the ordinance to allow a provision to apply to the full C~ic Center generally similar to that provision contained in Ordinance Ho. 19119 which was written in for conventions and conferences. The suggested revision mould be as follows: ~Flfty percent O~:the basic rentii'fe~ shallbe Paid in cash or certified.check atthe time of the Signing Of the contract. The CIvic Center Director, with app,°raj ineach instance by the City Mana~r, may use his discretion and negotiate with rmpect to the fifty percent of the basic rental fee with knomn and established organizations. The balance of the rental fee shall be paid in full before occupancy, except for those charges that cannot be determined in advance.' it is believed that this revision will help in the handling or con= tracts for the Center in certain instances and will not present any seri- ous problems. Xf difficulties should appear to l~ encountered, me can return to City Council for any adjustment as might be recommended. It is recommended that City Council give favorable consideration to this and that it be submitted to the City Attorney for preparation of an ordinance amendment to be returned to the C~ty Council. Respectfully submitted. S/ Julian F. Rirst Julian F. Hirst City Manager" After a discussion of the matter, Mr. Usk.moved that the report be referred to a committee composed of Messrs. James N. Nincanon, Byron E. Haaer. and Howard E. Radford for study, report and recommendation to Council. the City Attorney to pre- pare the proper measure in accordance w/tn the recommendation of the committee. The motion mas secmded by Mr. Garland and unanimously adopted. AIRPORT: The Assistant City Man. er submi~ed the following report of the ~y Manager transmitting a request of Piedmont Airlines that the City of Roanoke renew the present airport use agreement as it is presently mritten, recommending that Council authorize the City Attorney to prepare a brief agreement which would authorize the city, subject to the concurrence of Piedmont Airlines, to extend the terms and conditions of the just como lucid agreement in effect foran additional six month period beyond and including November 1, 1970: 'Pmnoke. Virginia November g, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: .. The three-year agreement with Piedmont Airlines for Ikanoke Muni- cipal Airport use terminated October 31, lg?O. Some very, preliiary, and only very preliminary, discussions have taken place with respect to the work on a new agreement. It would be recalled by some of the members of City Council that this agreement was for the three-year period commencing November 1. 1967. The date which the agreement bears as to when it ma~ entered into is December 15, 1967. Homever the agreement and its conditions mere a matter of long and extended discussions over a considerable period of time with the result that the Council*s Ordinance No. 17902 which authorized execution mas not enacted until March, 1969. In effect, there has been abont a year and a half of actual performance under the three=year agreement al- though the rates, fees, etc., were retroactively applied. I am in receipt of a letter from Piedmont, a copy of which I attach, wherein for reasons stated they request the City renew the present agreement as is mritten. This request on their part plus consideration of the agreeoent generally would require some further study. I would recommend to the City Council that the Council authorize the City Attorney to prepare a brief agreement which would authorize on the part of the City, subject to Piedmont*s concurrence, that the 197 terms ann conditions of the Just concluded agreement be held Jn effect for un a~itiOhal six months period beyond and lnclu~ng Hovemher 1, 1970. During this period of time, it would he'considered'that ue should confer in detail with Piedmont in an attempt to develop a new agreement or such recommendation to Council as mould be appropriate. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst ~eccnded'by Mr. Thomas and unanimously adopted. SALE OF PROPERY¥-ZONING-STATE HIGRMAYS-I~DDS~RIES: The Assistant City Manager submitted a written report in connection with plans for the Industrial Access Road to serve The Uacke Company, advising that the City Engineer will obtain appraisals on the right of may that will need to be acquired and as soon as necessar information is obtained with regard to the right of way the plans will be submitted to Council for approval. Mr~ Thomas moved that the report be received and filed. The.marion was seconded by Dr, Taylor and unanimously adopted. STATE HIGHMAYS: The Assistant City Manager submitted the folloming report of the City Manager ~ith regard to the relocation or adjustment of utility facilities in connection with the Orange Avenue (Route 4bO) Project, from Route 581 easterly to u point 0.918 mile west of the east corprate limits of the City of Rom oke: "Roanoke, Virginia November 9, Honorable Mayor and (ity Council Roanoke, Virginia Gentlemen: In the project scheduled for the recoostruction ood mldonJng of U. $. Route dbO (Orange Avenue)'from theintersection of Route 591 to approximately i2th Street. N. E., we are in receipt of a request from tho ¥irgiuia Department of ~ighways that the City Council adopt a resolution concerning the adjustment of utilities within the project. This is somewhat a standard procedural matter with Resolution Nos. 16633 and 16475 having been adopted within the last year or so with respect to the similar handling for the adjustment of utilities ou Franklin Road. Me feel that the Orange Avenue project can be handled in the same way. This mahes the City responsible for the adjustments of water lines and sanitary semer lines, some of which, as informed on pre- vious actions brought before the City Council. are to be included as a part of the highway construction project. The Roanoke Gas Company, the Chesapeake and Potomac Telephone Company and the Appalachian Pomer Company would be responatble, through the City, for tho adjustment ~ their respective utility lines to.the extent that changes have to be made. A resolution has been prepared by the City Attorney and is submitted with the recommendation for the City Council*s approYal. Respectfully submitted, S! Julian F. Rirst Julian F. Hirst City Man~ er~ (! ,! Mr. Llok moved that Council concur in the recommendation of the City Manager and offered the following Resolution: (819401) A REsoLUTIoN'relating to the relocation or adjustment of utility facilities in connection with the ~lt~*s Orange Avenue (Route 460) Project 0460- 128-102, C-~02, from Route 561, easterly to u point 0.916 mile west of the City's (For full text.of Resolution, see Resolution Book No. 3S, page Mr. Lisk moved the adoption of the Resolution. The uotkn was seconded by Hr. Garland and adopted by the follouing vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Mheeler and Mayor Mebber---6. NAYS: None ..............................................................O. (Mr. Trout absent) b'TREETS AND ALLEYS: Council having referred to the City Manager for study, report and recommendation a communication from Mr. Otis Heath, President, Mount Pleasant Civic Club, I~corporated, requesting that a hazardous condition be correcte( on Bandy Road, S.E** the Assistant City Manager submitted a written report of the City Manager advising that the conditim has been corrected. Dr. Taylor moved that the report he received and filed. The m,tim was seconded by Mr. Thomas and unanimously adopted. CITY MANAGER: The Assistant City Manager submitted a mritten report transmitting tabulation sheets on items referred to the City Manager. Mr. Thomas moved that the report and tabulation sheets be received mud filed. The motion mas seconded by Dr. Taylor and unanimously adopted. COMPLAINTS-PARKS AND PLAYGROUNDS: Council having referred to the City Manager for investigation and report ~ petition signed by 260 citizens requesting that they be authorized=to assemble where they please.or at least on Hill Mountain, Roanoke Mountain and/or Fishbnrn Park witnoat being discriminated against and harrassed, the Assistant City Manager submitted the following report of the City Manager transmitting citations of certain facts and instances and reflection of certain observations md opinionswith regard to the matter: "Roanoke, Virginia November 9, 1970 .Honorable Mayor and City Council Roanoke, Virginia . Gentlemen: , On October 19. 1970. a group of youth appeared before the City Council wftu a statement and petition in complaints of police harass- ment to themselves and others and infringement on their right to assemble. The Council referred the matter to me for report. I do so as follows with citations of certain facts and instances and reflectiog of certain observations and opinions. ~99 2O0 'From'the l~l~point'~r"~t~'person~ involved l~'thlsmntterffrom which it ia bellered.the complaint arises nad the physical locution or such matter, this becomes somekket.Chupter 2 ln',l ~leties wherein the first chapter was the report b~ck in the summer, June 8, 1970. to City Council on mutters' occurring ln'Fishburn Peck;.-It: will be recoiled then o smlil group come before the City C~unolito register eouplolut on' somemhotthe~hebfdsln connection with then their nightly assembling in £ishburn Park. Yarrows warners hud developed ia connection wJtb the'Fishburn Park gatherings, and these mere sn~worlzed and reported to the Council folloniog that complaint nc had been registered before the governing body. Not long after there developed the considerable p~biic attention to Fishburm Park, the main body of the gro~p which had been occupying Flshburn Park nightly over · period of some time, moved Cram that on Rrahbleton Avenue near the City limits. They had assembled there Some months previously, which was prior to going into FJsbburn Park. for s period of time until the owner of the property had required their vacation. The return to Brahbleton Avenue after Fishburn Park period nas. however, only brief this second time.for the main body then went to the top of Hill Mountain in the vicinity of the Star. This became the nightly assembly locale and continued so for approximately the past tau to three months. I dbnot~thtnkthnt anything that I will say in this report is unknown to the majority of thee uho have participated and ave participating in these assemblies. Ri~ reasonable confidence, it is felt ~t the majority of the participants are fully amore of the circumstances which surround and relate to their gatherings. Also it is felt that they are fully Mill Mountain and in Fishburn Park, any involvements wilb them of law enforcement officers. For the most part*those who are involved are intelligent people and many of them are sincere in considering that and personal relief. The numbers gathering on particular mights vary from being small groups up to perhaps a couple of hundred. Ages also vary on particular nights and can range from juveniles in the full sense of the word up to persons well within their twenties, thirties and perhpas even forties. Irrespective of the well meaning intent of groups such as ibis, and assembling under these conditions, whether it be In Roanoke or ' elsewhere, it is characteristic that two elements attach and apparently become an integral part of the assemblies. One element consist of certain persoSa who live and function beyond the fringes of the law, who are attracted to these types of gatherings, who find them as good cover and who can find within such groups aids and supporters. The second element, in instances related to the first, who automatically attaches them- selves to such gatherings are persons who are active in the illegal handling, sale and/or distribution of narcotics, drugs, and the such. Apparently, such gatherings are fertile and lucrative ground for their business. The prevalence and activities of these elements within these assemblies constitute the prime source of the problems and are apparently'the reason that these gatherings and groups encounter difficulties with law enforcement agencies and others here in Roanoke as well as in instances elsewhere; These elements are apparently also the reason that these groups develop problems wigan themselves, perhaps It was the prevalence, growth and activity of these elements that involved the police at Fishburn Park and more recently have involved them in the gatherings on Mill ~oun~lin. There is no indication or record of police involvement being otherwise. It is more than coincidental that the m~ing out from the use of Fishburn Park immediately followed the apprehension of persons handling narcotics in that Park and there is some recent lessening of numbers assembling on Hill Mountain following similar apprehensions, as will I do not mean.to hang these people, who are gathering in these places, with the dope.use and traffic tag. Emphatically; I do not. Too much of that sort of accusations already is being da~ these days. Homever, as long as illegal narcotics and dope are a violation of law then we and other law enforcement agencies have an obligation and as long as some of our principal operatSrs in this illicit activity attach theetelves to these evening gstherlhg~ ~nd become', ns I believe they do, more than Just passive participants then those who assemble.subJect themselves to many things, one oflwbicb and eot the most serious is the scrutiny or law enforcement. Such coement alii really come as no surprise to anyone. Since the commencement of the nssebllug on Mill Mountain, we have received many couplaints by~ople aha live in the Mill Mountain area and by people mLo have visited the top o! the Mountain as a scenic and entertainment are~g= has.been tradi'tlanl throughout the history of Roanoke. The Polic~ Oepartment has'on Mill Mountain, os uss the case in Flshburn Park, very carefully n~oided Interference with these people simply on reason of iheir oct or acts of asseabli'ng. It has been when those dthev factors, above not~d, became prevalent and begin to take over that no other recourse was open. There is one lntensting trait of these groups as they assemble that ! believe is true in Roanoke. as others have noted to be true elsemhere in the country. Apparently s feeling exists math them that there must be some form of protection available to them. That pro- tection either must come from strong leadership mithin or in the absence of that. must come from the feeling that there is outside protection available to them, This, it is believed, is the conscious or unconscious cause why these assemblies take place on public property or relatively close to supervision from public property. In other words, main reason, it is thought that the grnups use public parks Is the security of having the protection that goes with p~biic property of the police in the event of trouble occuFring. There is Irony in that. As stated, nearby residents and visitors have made many complaints to the City during the Mill Mountain occnpancy by the groups. This is the expected result of the conflict of these typesof activities, that accompa ny the assemblies, with normally and ot~r wise undisturbed residential areas and mith visitors or other-users of the Mountain Park. Such. is no different, except as to location, from the situat~]3 that was experienced in Fishburn Park. In my report to City Council last summer regarding Fishburn Park, I closed with the reference that all people must realize that in this morld an awful Iai Of people have to live together and recognize that there are others all around mbo are entitled to their life also. Mhen this fact of human existence is overloohed, ignored or mistreated then difficulties and conflicts are bound.to arise. It is my understanding that those appearing before City Council expressed that they were being harassed because of load hair. This of course and as X am sure they realize is not the sttmtion. If length of hair is the hang-up of the police department, then the department would have more work than it could handle wit[nut having to drive as far as Mill Mountain. May I hsert at this point one personal experience relating to this whole situation. On the evening of September 24, 1970, at approximately 8 p.m** I drove to the top of Mill Mountain with a portion of my family and an out-of-town house guest. It is often customary mith as, when having a visitor from out of town, to include a trip to the top of Mill Mountain as a part of the sl~tseeing tour of the City. Driving in- to the area of t~ Star, there were approximately IS automobiles parked along and bach Of the roadmiy. A number of the people milling around could be readily identifiable as members of the group being referred to in this report. Me found a place to park and walked to the platform in front of the Star. Another family group mas standing on the platform. They left as we arrived and conspicuously moved ~ery fast in going from the platform back to their car. Several of those of the assembled gathering w~re sitting or standing around in the'brightly lighted area in front of the Star. Two persons were lying closely together., on the lighted grass in front of the Star, obviously and actively t~olved in matters of very close mutual interest. Then as we walhed away fromthe ~atform a young man standing in the shadoms along the walkway directed a remark-at us which could only be interpreted as threatening. He incidentally had short hair. From this experience, I acquired if I did not already have it, an understanding of a number of comments that have been mdc to represent'atives of the City as to the concern that people have had who have visited the top of the Mountain during the evening hours for their personal safety. Just by comment, I did not rush' damn and report to police, in fact I have until now said nothing about it, it is Just one of those things mentally filed. There are other incidents involving others in other situations that could be recited. 201~.. ~e are of the opinion that the group that cane b~fore the City Council in.basing their stateme'it~or~'~ouplnint al pa~ticulnr incidents which occurred Frldol, Ootober~ 9~and Sang,dui,' Ootober 10. On F~, Oc~obe~9~nt~i~:O$~~t~o iembera~°f Department Vice Squid, in civilian clothes, arrived on the Mountain in tbe vicinity of the Star. The~ hud information Justifying their visit. They observed approximately ISO persons gathered around the Star nnd in the roadway. The conditions mer~deseribed ns congestion caused bi parheb curs nad pedestrian movement In the thoroughfare. As the officers got out of their.vehicle, one young ma~ began to yell nnnounchg the officers' presence. The officers approached him and asked for ldenlficntion. The young man became disorderly and abusive in his language and uus taken into custody. He physically residted arrest, fought With the officers and mas finally overpowered by them~ The crowd that gathered around became hostiJ~ and abusive with profane statements to the police officers. Direct quotes of their statements are available. Additknal officers mere called to the scene and the croud dispersed without further incident. The young man, who was taken in custody, had in his possession fifty-nine (59) morphine tablets. The arras*ce mas ~alreudy under indictment and on bond for the possession of an~unusnally large quantity of marijuana, ~S~, and hard narcotics packaged for sale. Further this arrestee has had a lengthy juvenile record of arrests for 'burglary, auto theft, ~rug abuse, et cetera. On Saturday, October 10, the next night, the tug officers again 'men* to the same a~ea on Mill Mountain and found a similar and relatively same size group assembled. Motorized traffic on the Mountain top was obstructed by parked cars and groups of people milling around in the roadu~y. Uniformed officers mere a~n called to assist. Friar to the arrival of the uniformed officers,~the two~Yice Squad officers circulated through the crow~ and found drugs obviously abandoned by members of the crowd in numerous places on the 9round, math varying quantities of such items as marijuana, hashish, several bottles containing a large number of capsules, freshly used beer cans, wino bottles, whisky bottles and plastic sandwich bags (frequently used for the packaging and transporting of narcotics, etc.) As the ~bift Co~maeder of the ~niformed Division arrived, he observed groups, idel~fiable as those ~ho assemble on the Mountain, in the roadway, harassing a tourist vehicle with oat-of-toun license, occupied by two adults and two or three small children which was attempting to pass along the roadway. The group would open a passagemay barely wide enough~for the car to pass, place their hands in front of the mindshield and make remarks to the occupants. A number of young Juveniles could be observed in the cromd. After obs~ln9 the presence of illegal drugs as detected by the Vice Squad and the conduct of the g~up blocking the roadway, in addition to tape players and loud speakers creating an unusual loud noise, the group was advised by the Shift Lieutenant of a State Code provision which prohibits gatherings for illegal purposes, identifying the presence of the drugs, loud speakers, sitting in the roadway, loud and boisterous conversation as being disorderly in'nature. The group was further advised that the young juveniles in the gr~ could be construed as being in an environment inj ureas to their health and welfare. ~ith this, the group was asked to disperse ~n an orderly manner, which they did. It was learned by the police during their dispersal that many of the members of the gnvp did not have transportation down the Mountain. ·hey ~ad been brought there'by someone else and left to find trans- portation home b~ any means available, Four uniformed officers and tbr~e Detectives were engaged in this particular incident. Htne Juveniles mbo were questioned proYid~d~what was later determined to be false information to questioning officers concerning their true names and ages. Thc matter on this particular evening mas then concluded without incident. · e know of no further occurrence beyond the October 10 date, involving any confrontation of direct association of the police with the ~oup assemblies. The next occurrence was ~n Saturday, October 17, seven days later, when a gnup which numbered from six to thirty at various times, gathered on the Courthouse la~n at 210 Campbell Avenue. Prior to gathering, they had distributed notices In the downtown area which read: 'Rotate. exercise your rights to assemble Saturday. in front of the HanJ~ipal Building 9 A,M. to 5 P.M.' This group nas permitted to gather without police contact or interference until it grew to considerable size and offered potential damage to the Courthouse lawn. At that time. they were requested to more onto the concrete'atepa or malhuay. Which they did without resistance. A man who 'identified himself ns David Rarro stated that he mas on attorney with the Legal Aid Society end that he repreaeeted the grmp, Members o£ the group toldthe police that they needed a place where tuey could go end *do our thing and not be bothered.' They remained until approximately 4 p.m.. and then dispersed voluntarily mlthout Incident, Despite what I feel is some degree, though perhaps snail, of awareness of the nature of the times. I still cannot but uJsh that if the Legal Aid Society, or its sponsoring agencies--the Federal Government and the Roanoke Bar Association--are unhappy with the City*a hanulfng of these gatherings that they nuke es firai aware by other than the sudden arrival of a g~p for all day assemblage. Re bare no objections to the visitors but there would seem to be other and mote logical means of developing connunlcatkn on the subject at hand. The next development or~currence was the appearance on the following MemoRy, October 19. of the g~p before the City Council. It is believed that the above report generally speaks for itself and any summary would be a repeat of describing circumstances and observations already presented. If the Oty Council desires any further information or has any recommendatkns, we mould, of Course. be responsive. Respectfully submitted, $/ Dyron E. Ea~er for Julian F. Hi,st City Manager' In th~s connection, thefollowing communication from Mr. Kurt Berggren, General Counsel of The Legal Aid Society of Roanoke Valley, in connection elth re- marks made bythe'City Ronage[;mi~ regardto theLegal ~id Society and reqsesting that the City Manager publl~ly retract his Jtatements r~garding the Legal Aid Society in the matter, was before the bodyt "~ovember 7, 1970 Julian F. Dirst, City Manager Roauke Municipal Building · Roanoke, Virginia Dear Mr. Hlrst: Fdday evening's newspaper contained a story in which it mas reported that you had stated that the Legal Aid Society through David Karro represented *long haired youths* who protested against police harassment. This is totally erroneous. The story then went om to state that you wished 'that ti Legal Aid and its sponsoring agencies had a complaint about city handlJn~ of the matter, they arrival of a group for an all*day assembly since there were other means of communication** I hope this was a misquote since it not only implies erroneously that Legal Aid-represented this group, bat, it further implies that Legal Aid and its so-called 'sponsoring agencies' planned the piotest and acted as its catalytic agent. This, of course, is also completely false. At' first I consiflfl~ed'replyingto this mistake through the nemspaper. But'them'l thought that this would be unfair to you since you may have believed in good faith the statements yon made were true. Therefore I think it best that you explain year misunderstandilxj to the nemspapers. My replying*to the paper bI a charge that your allegations were false would merely exacerbate for public consumption the present misunderstanding. Me need not communicate by means of allegations in nemspapers. Is yon perhaps may know I am new to both Roanoke and Legal Aid, My expectation was that I and the Legal Aid Society would be treated 203 fairly by pdbllc officials au~'I-itill hope me can mOTh together to aid this community..- l~uould app~eelitb~it~if~you would'ascertain the facts and publiel! re~ract your;s~eteeenta rngardino Legal Aid in this matter. I am sendlngccpies'of this .l~tter to ~f.ty Council, the President of the Doard of Directors of the Legal Aid Scckty nad the Director or TAP, the organization mhich I anne you apparently implicated in organizing this legal protest. I think I.should add that IPvig~rousiy'deny Legal kid's repre- sentation of the *long hhired youth* not out of defensive reasons, i.e., that we do not-wish to represent them,, but rather because of other more substantial reasons such as the fact that these *long haired youths' have the right to choose their own attorfii~s and not hare counsel appointed for .them ~her by the City Mansg~r~o~ the city newspapers. If the *long haired youth* desired that me represent them and they meet our legal and financial eligibility criteria, then me mould be glad to assist.them, Not only is the Roanohe Valley Legal Aid Society devoted to helping those too poor to secure legal repre- sentation, but me also assist those who, because of political or social n sons, cannot secure effective legal representation, The 'long ~red youths* might fell into that category. At any rate, I hope ny position is clear. If it is not or if I hare confused you, please feel free to call ne and me can discuss our problems. If you or the City Council mould like. I mould.be most happy to appear at the City Cancil meeting on November 9th or at any other City Council neetin9 and explah the nature of our non- representation of the *long haired ~uths~ Thank you and I trust that you mill act to clear up the present misunderstanding. Sincerely, S/ Kurt Berggren Kurt Berggren General Counsel" With further reference.to themotter, Mr, John S, Shannon, President of The Legal Aid Society of Roanoke Valley, appeared before the body and read the follomihgp~epared s~atement r~sponding to a portion of the report of th'e City Manage mhich contained erroneous statements about the Legal-Aid Society, advising thai tam group who assembled on the Courthouse lama on October 17, 1970, mas not represented by an attorne~.from the Legal. Aid. Society, that.this is .the sec~ndoccasion~repre- sentativea of. the Legal Aid Society.have had to'appear before Council concerning renaks made by the City Ranage.r and it is.their hope that in the future the City Ranager mill check his facts before making public statements about the Legal Aid Society: "STATEMENT TO ROANOKE CITY COUNCIL November 9, 1970 By ~ohn S. Shannon Fresident The Legal Aid Society of Roanoke Valley I appear here today on behalf of the Board of Directors of the Legal Aid Society of Roanoke Valley. My purpose is to respond to that portion of the City Manager's report on gatherings of young persons which contains completely erroneous statements about the Legal Aid Society. The City Manager refers to a gathering on the Courthouse lawn on October 17 and says that the group mas r~presented by an attorney irom the Legal Ald Society. This is not correct. The group to mhich he refers mas not represented by a Legal Aid attorney on that occasion and has never been represented by the Legal Aid,Society. This is not to say that if one or no~e individuals in this g~up had a legal problem and were to seek assistance from the Legal Aid Society, me would reject them.. ~uite the contrary, if representation were requested and our financial and other guidelines were met, it mauld be our.responsibility to provide representation. Rut the fact remains that the Legal Aid Society did not represent the gtmp in question, and the City ~anager*s statenent that me did is erroneous. . The City Ranager goes on to say that if the Legal Aid Society is 'unhappy with the City's h~flling of these gatherings that they make us aaaeeblcge,'~ Thi} statewemt~clekrlY ihPlied thit the L~ghl Aid Society instigated the gathering at~'the CoUrthouse.~ The implication is erroneous. Legal Aid hid nothing'to!dog'with 'thel*~u~herl~g~ahdi~fn'faCt~did uo["even kaob~that~u~roup:had~msaambled ~it,the CoUrthouse iaill-one of its stuff attorneys receiveda telephone call to the effect thitOaeor*his clients had been a~rested in front of the Courthouse. This attorney then vent to the scene and found that~the'r'~Port of hca client's arrest nas not true. Since a police lieutenant nas.then requesting the group to move off the grbSs~ the Legal AiduttO~neyvolunteered his assistance to the lieutenant and was successful in persuading the group to wove to another lonutim, The lieutenant asked the~attorney if he would be responsible for keeping~the groupoff the grill. The attorney replied that he could not aSsuRe tbht responsibility andmade it clear that he was not representing anyone. After the police left, the attorney spent some time talhing to the numbers of the grouP. They felt that they hid grievances and they wanted'to talk to saucona. By listening to them, our attorney helped to cain the group and relieve the ~ension. ~ In snort, the Legal Aid attorney that the City Manager has accused of Instigating the gu L~riag ut the Courthouse; in fact, acted effectively as n responsible private citizen to help defuse a Potentially unpleasant situation.- Be performed a real service to the counnity. Rather than being condeuned, his actions should be commended, In his report, the City Manager speaks of developing better means of comuunicatJ~. Me could not agree more with~this expression, but we fail to understand why the City Manager made no effort to couuuni- cute,with us before making his gratuitous andierroneous~marks on the Legal Aid Society. Be knew, or should have known, that his report would receive wide press coverage. In fact, it was the subject of a front page story in The World ~eN~ of ~ovemher 6. This imposes a bnvy responsibility for accuracy. Yet the City Manageruent right ahead and incorporated in the report his remarks on the Legal Aid Society ~hen u telephone cull to us would have developed the facts immediately and avoided an unJunified slur on our organization. 'As I am sure yon are uunre, this is not the firnt time abut we have had ~uppear before Council to correct erroneous allegations by the City Manager about the Legal Aid Society. Last year #n. Purnell Eggleston, who Was then President of the Legal Aid Society, appeared to refute mteuents by the City Manager that the Legal Aid Society instigated a grievance petition by tenants of the Roanoke Public Housing Authority. Mr. Eggleston established without challenge that the stateeents were erroneous. I hope these allegations are simply the result of carelessness wad do not reflect a blind animosity toward an organization that ls trying to make the concept of equal just,ice a meaningful one for the poor of our community'. In this connection, I would like to say that'the Board of Directors of the Legal Aid Society is composed of busy lawyers a'nd lay people who spend a lot of time on Legal Aid mutters because they believe in its program. ~hey believe that citi2ens of this,comMunity who canOt afford a lawyer should nevertheless receive effective ~gal repre- sentation. This representation is provided by n ~tuff of dedicated young lawyers who have interrupted their careers at financial sacrifice to serve the poor. They are not infallible, but they ar~'cons~ientious and we think they do a good job. If there is any couplai~about them, it should be directed to us and not to the newspapers. Ne hope that in t'he future the City ~anager will:at leaat cull us to check his facts before making public statements about the Legal Aid Society. If h~ does this, I am confident we will not have to come here again and take yohr vahable time to set the record straight." After a discussion of t~e mutter, Mr. Thomas moved that the report he referred buck to the City Manage~ for Clarification of remarks made with regard to the Legal Aid Society of Roanoke Valley as contained on pages 10 and 11 of his report by the next reguIar meeting of the body on Monday, Noveeber 16, 1970. The motion was seconded by Hr. Link and unanieously adored. Mr. Link then moved that the communication from Mr. Berggren and the state- neat made by Mr. Shannon he received and flied. The mot im was seconded by Mr. Thomas and unanimously adopted. :20 5 AUDITS-SCMOOLS: The Assistant City Auditor kubuitted a written report of ~ke City Auditor tre~smit.ling'n report on sn exeminntion of~ the accounts nad financial re'cords of the Roanoke City School Monrd for.the year.ended June 30, 1910o mane by Andreus, Barker and Company, Certified Public Accountants, under the direction of his office, advising that the funds of the School Board mere properly had led nd accounted for. Mr. Wheeler moved t~at the report be received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. REPORTS OF COMMITTEES: COUNCIL-RONICIPAL BUILDING: Council having referred back to tho committee for reconsideration their report recommending that the proposal of Lee Bartman Sons, Incorporated, for providing and installing fourteen microphones mith related equipment and accessories in the Council Chamber. forthe sum of $4.792.00, be accepted, the committee submitted the following report reiterating its previous recommendation that the proposal of Lee Bortman and Sons, Incorporated, be accepted: ~October To the City Council Roanoke. Virginia Gentlemen: On Monday. October 26. 1970, City Council ~eceived a recommenda- tion concerning award of a contract for certain sound eqt/pment to be iestalled in Council Chamners. Followin~dis~ussion, the matter mas referred back to committee for mconsideratioh. ~our bid committee haS*mai and again discussed the proposals submitted as well as the history of this subject. Reference the attached memorandum from the City,s Communications Superintendent, ~hich we feel explahs the details involved. The specifications for this p~oject were ~epared with ~onsideration given to the high quality electronic equipment needed to serve the broadcast media covering Council meetings. It is not considered wise to accept equipment other than that which.was specified. Ag~ip your coumitte~ recommends acceptance of the proposal by Lee Hart~an~nnd Sons, Ibc.,: ~n the amount of $4,792.00, which is within funds available for this purpose. Approved: S! William F. Clark William F. Clark Approved: S! Rex T. ~itchell. Jr. Rex T. Ritchell, Jr. Approved: S! B:' B. Thomoson Bueford R. Thompson~ In a discussion of the matter, Hr. Ltsk expressed the Ol~ion that Council ano t~e news media have been awaiting the installation of this sound equipment for some time, that the matter not be delayed any bnger and moved that Council concur the recommendation oI the committee. The mot lm was seconded by Mr. Garland and lost by the following vote: AYES: Ressrs. Garland, Liik, and Taylor ..................... NAYS: Wessrs. ~homas and Nheeler ........................... 2. (Mr. Trout absent) (]ayor Webber not voting) Mr. Thomas then offered a substitute motion that Council reject all bids received, redraft the specifications and readvertise for bids. The motloo was seconded by Mr. Rheeler and lost by the follomiug vote: AYES: Messrs. Thomas nnd lheeler .............2. NAYS: Messrs. G~rleed, Llsh and T¥or ...... 3. (Mc. Trout absent) (Mayor Webber not voting) CITY PROPERTY: Council having referred to a committee for tabulation, report end recommendation bids received for painting of several city owned buildings t~committee submitted the following report recommending that the proposal of L. a. Brown, Sr. Paint Company, in the amount of $9,765.00, and the proposal of Hnndley Painting and Bea~ating, Inarporated, in the amount of $6,406.00, be accepted: "November 9. 1970 TO the City Council Boauohe, Virginia Gentlemen: Bids were received and opened before Council at its regular meeting on Monday, November 2. 1970. for interior and exterior painting of portions of several City facilities. Attached please find copy of Tabulation of Bids summarizing the two (2) proposals which mere received from the L. B. Bromno Sr. Paint Company and Hundley Painting ~ Decorating, Inc., bothot Roanohe. The alternate bid requested was in the event that either fl~m mere to be awarded the entire project. Your committee has met to reviem the bids. Of the 14 locatioms at which painting is proposed, the bidders mere each los on one-half of the properties. The Brown Company is low bidder for the folloming: A. Interior painting at the City Home C. Interior painting at Jefferson Street Underpass D. Interior and exterior at Moodrum Airport F.3. Interior and exterior painting at Melrose Branch Library 6.2. Exterior painting at Buena Vista Recreation Center 4. Exterior painting at Villa Heights Recreation Center 6. Exterior painting at Noemich Park Recreation Center Bundley, Inc., is low bidder m the following: B. Exterior painting ~t Rill Mountain Transmitter Building E. Interior painting at City Mavhet P.l. Interior painting at Uahsboro Branch Library 2. Interior painting at Main Library G.I. Exterior painting at Mashington Park Caretaher's House 3. Interior painting at Eureha Park Recreation Center 5. Exterior painting at Masena Park Catetahe~s House The sum of $21,750 mas included in the current budget for this work. By splitting the bid as described above, the total expenditure would be $16,1g1.00, mhich compares favorably with the $17,750.00 alternate bid offered by the Bromn Company. Such splitting has been done in previous years and is provided for in the specifications. :, ~ These firms have done painting work for the City before and are consid- ered capable of fulfilling project req~ments. It is recommended that a contract be amardal to L. R. Brown, Sr. Paint Comapny in~e amount of $9,785.00 for the first seven (7) locations mentioned hereinabove, and a separate contract be awarded to Bundley Painting 6 Decorating, Inc., in the amount of $6,406.00 for the second list of seven (7) locations. APPROVED:S/ Byron E. Haner APPROVED:S/ Mill/am F. C I~k ' Byron E. Haner, Chairman Mill/am F. CI~h Assistant City Manager Director of Public Moths APPROVED:S/ Sam H. RcGhee. III, Sam B. McGhee, III City Engineer" Mr. Garland moved that Cbuncil concur in ~ recommendation of the committee and offered the following emergency Ordinance: (n19402) AN ORDINanCE awarding contracts for the painting of the interior md exterior of special, ed public offices and buildings in and/or belonging to the City; and providi~ for an emergency. (For fulltext of Ordinance, see Ordinance Book:No.;35,~page 19.) Wr..Oarla~d ~oved the ~op~ion of the Ordinance. The mot~ was seconded by Mr. Wheeler and adopted by the following vote: AYES: Ressrs. Garland, Lisk, Taylor, Thomas, Wheeler and #ayor Webber ......................6. NAYS: None ..........O, (Mr. Trout absent) UNFINISRED BUSINESS: NONE. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AUDITORIUM-COLISEUM: Council having directed the city Attorney to prepare the proper me~sure accepting ,the proposals of American Rotor Inns, Inaporated Family Restaurants, Archie's, B. T. Shortt ann The Hotel Roanoke'for supplying, preparing and catering meals at certaln functions at the Roanoke Civic Center for a period of two years from the date of the opening of the Civic Center, he presented sane; ~ereupon, Dr. Taylor offered the following emergency Ordinance: (~19403) AN ORDINANCE accepting the proposals of five (S) caterers for supplying, preparing and catering meals at certain functions at the Roanoke Civic Center for a period of tan (2) years from the date of the opening of the Civic Center and provjning for an emergency. (For full text,of Ordinance, see Ordinance Book No. 35, page Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Llsk ann adopted by*the folbwing vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Wheeler and Mayor Webber ................. L ........ ~---6. NAYS: None ....~ ........... O. (Rt. Trout absent) MOTIONS AND MISCELLANEOUS BUSINESS: COI~CIL: Dr. Taylor presented the following communication suggesting that the members of Council secure blazerswitn the City Seal m the breast pocket and the name of the individual Councilman placed above the seal to provide unifornity of dre! for special occasions and to be purchased by the individual Councilman at no cost to the city: ~November 5, 1~?0 The Honorable Roy L. Webber and Cit~ Councilmen Municipal Building Roanoke, Virginia 24011 Bear Mayor Webber and Fellow Councilmen: I would like ;to suggest that the members of City Council secure blazers with the City Seal on the breast pocket and the name of the individual Councilman placed above the seal. The blazer has a very ~209 unusnnl combination of qualities. It will provide uniformity of dress 'for special occasions such as dedications, State and National meetings and other special activities of our City, This manner of dress alii, · ak'o,'have significant value in the area of public relations and will identify the individual members of Council when they are to speak or serve for special gatherings. ! uish to further suggqst tier the blamer and seal will be purchased "5y the lndivid~a! Councilman uithou~ any cost to the City, ! have been assured ~hat the b~er may be secured'at east. If thi~ suggestion l~ acceptable to ou~ Honorable Mayor and members of Council, Nhatever conside~ tiaa you may give this ~uggestion ~ill be deeply .- appreciated. Very respectfully yours. S/ Noel C. T~ylo~ Heel C. Taylor' Mr. Garland moved that' Council concur in ~e communication. The motion nas seconded by Mr. Lisk and unanimously adopt~d. SELECTIVE. SERVICE: Council ~ving deferred action on a second for pn additional member to Selective Service Local Board No. 105, the matter was again before the body. Mr. Llsk placed in nomination the. name of Mr. F. Gordon Hancock. There bela9 no further nominations, F. Gordon Hancock mas recommended as the other additional member cf Local Board Ho. IO$, Roanoke City Selective Service, by the folloting vote: FOR MR. HANCOCK: Messrs. G~land,, Lisk, Taylor, Thomas. Mheeler and Mayor Nebber .............. 6. (Mr. Trout absent,) There beJ~9 no further busine~ Haypr Meb~er ~eclared t~e meetipg ~d~ourned. APPROVED ATTEST: ........ Mayor ~o'ndoy, November 16~ 1~?0o The Council of the City of ~oosoke met fa regular meeting in the Council Chamber fa the Municipal Building Annex, #ondny, November 16e 1970, at 2 p.m.~ the regular meeting house mith Mayor Mebber presiding. PMBSENT: ~C~uncilmea gobert Au Garland, David~K. Lfsk, Noel C. Taylor, Hampton M. ?buses~ Vincent S. Mheeler and Mayor Roy Lo ~ebbar ...............6. ABSENT: Councilmen Jomes O. Trout ................................. OFFICERS:PRESENT: Mr. Julian F. Hirat, City Reaager, Mr. Byron E. Ran*r, Assistant City Manager, Mr. James N. Klncanon, City Attorney, and Mr. J. Robert ThomaS, City Auditor. XNVOC~ION: The meeting was opened mltb a prayer by Dr~ Noel Co Member of Roanoke City Council. MINUTES: Copy of the minutes of the regular meeting held on Monday, November 2, lg?O, having been furnished each member of Council, on motion of Mr. Lisk, seconded by Dr. Taylor and unanimously adopted, the reading thereof was dlspen~ ~Ith and the minutes approved as recorded. BEA~XNG OF CITIZENS UPON PUBLIC MATTERS: AUDITORIUM-COLISEUM: Pursuant to notice of advertisement for bids on a proposed access road to the Roanoke Civic Center from Second Street, N. E** and a turning lane widening on Wllltamson Road, N. £.~ at the Civic Center, including underbridge lighting and signal wor~, said proposals to be received by the City Clerl until 2 p.m., Monday, November, 16, lq?O, and to be opened at that hour before Council, Mayor Webber asked if anyone had any questions about the advertisement, and no representative present raising any question, the Mayor instructed the Deputy City Clerk to proceed wit~ the opeAing of the bids; whereupon, the Deputy City Clerk opened and read the following bids: Bo 5.S. Construction Company $113,104.B~ Wiley. N. Jackson Company 114,654.44 Southwest Construction, Xncorporated Mr. Thomas 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 la accordance with the recommendation of the committee The motion was seconded by Mr. Mheeler and unanimously adopted. Mayor Webber appointed Messrs.;Byron E. Hun*r, Chairman, Samuel H. McChee, III, and Rllliam F~ Clark as members of the committee. ZONING: Council having set a public hearing for 2:00 p.m., Monday, Nov*mbt 2, 1~70, on the request o~ Mr. Edgar ~artfn that property located in the 3800 block of Virginia Avenue, N. ~., 'described as Lot 1, Block 23, Map of ~ashington Heights, Official Tax No. 2~61501~ be rezoned from R5-3, Single-Family Residential District, to C-2, General Commercial District, the matter ~as before the body. tl mSepteeber,24, 1970 The Honorable Boy L.'Webbert #ayor and #embers of*City Council, Roan*he, Virginia The abo~e Cited request was considered by the C~ty Plann'lng Commission at its regular meeting of.September 16, 1970. . H~. George W* Harrlse Jr.t ~ttprney for the petitioner, appeared before the Planning Commission noting the following information: (a)The petit*lOner proposed to utilize the parcel i~ question for both parting purposes and as a used car lot. (b.)The pptltloner proposes to maintain the parcel in a presentable fashion. About ten neighborhood property owners'were present at this meeting and objected to this ~ezoning petitioner. They stated that the proposed use would be gen~ally detrJmentol to property values, change the residential complexion of the area0 encourage the congregation of teenagers and concomitant theft situations, Had introduce a traffic hazard intp the area, particularly detrimental to the school children. The Planning Director noted that the proposed commercial use could the general character of the area, excluding the Melrose Avenue frontagest is of a residential nature. Any coener- cial. intrusion into this area would ]nt~ndace traffic hazardst an additi~al noise factor, adversely affect property values, produce a blighting influence, encourage similar. ~nd genially detrnct ~rom the residential amenities of the area, The Planning Director ~ ted that the Me,rose Avenue frontagesjn this general area are zoned C-2 and could provide sufficient acreages for,this type of proposed commercial use. After due consideration of this matter a motion was made,,dnly seconded, and unanimonslyapproved to recommend to City Council that this petition be denied. Sincerely, S/ John, It. Parr*tV by L.M. John Ho Parrott Chairman" Mr. George W, Harris, Jr** Attorney, representing the petitioner, appeared before, Council in support of the request of his client and presented petitions signed by ten property owners in the vicinity advising that ~ey have no opposition to the request for rezonlng~ Mr. Claude D. Carter, Jr** Attorney, representing property owners in the area opposed to the requested fez*ming, appeared before the body and presented communications from Mr. and Mrs..Paul Romaine and Mr. ~illlan A. ~homas ad~idlng that they are opposed to any fez*ming on Virginia Avenue, N. ~o Approximately four persons appeared before the bod~ in opposition to the After a discussion of t~e request, Mr, List moved that Copncil concur in the recommendation of the City Planning Commission that t~e request for rezoflfng he denied, The motion was seconded by Mr. Garland and unanimously adopted. SALE OF PROPBRT¥~ A communication from firs. Larry 6errea offering to aug< tiara for fourteeo acres of laud, more or less, which ~dJoins Strauss Park fo the City of Roanoke and lies in Roanoke Countye the lo,teeD acres in Roanoke Couoty bela land that fir. floury L/Strauss donated to the City of Moaooke, was before Council. Mr. Thomas moved that the request be referred to a committee composed of fiesSrSo David K. Lld~ Chairman, Julian, F. Hirst~ 3ames ~. Kfncacon~ and J. Mobert Thomas for study~ report and recommendation to Council. The motion was seconded by Mr. ~heeler and unaoimonsly adopted. AIMPOMT-TRAILEg COU~TS: A co==uolcatioo from fir, Leon M. Kytchen, Attorae advising that he represents Mr. C, Vernon Lackey who resides near the west end of th Roanoke Municipal (~oodrum) Airport property, that his land adJclns land owned by the! city which Mr. Shannon Hudgins is trying to lease for expansion ~ his trailer court located near n~d adjoining the west end of the airport property, and that Mr. Lackey opposes any further expansion of said trailer court due to the adverse affect that It now has on his property, was before Con. ilo Mr. ~heeler moved that the matter be referred to the City Manager for study and report to Council. The motion was seconded by Mr. Thomas and unanimous ly adopted. ZONING: A communication from fir. C. Richard Cranwell, Attorney, repre- senting Mae-Dey, Incorporated, requesting that a 1.35 acre- tract of land located on the south side of Orandin Roadt S. M., described as Official Tax No. 1630210, Garst Lands,,he rezoaed from RS-2, Single-Family Residential District. to RD. Duplex Residential District. sas before Council. Mr. ~heerler moved that the request for rezoning be referred to the City Planning Commission for study, report end recommendation to Council. The motion was seconded by Dr. Taylor and,unanimously adopted. STADIUM: A communication from fir..James fi. Satterfield. Chairman of the Staium Advisory Committee, advising that the Committee will take up the. request of Mr. James A. Plersall, General Manager of the Roanoke Buckskins, Incorporated, that the rental agreement at Victory Stadium he lowered, at the next regular meeting scheduled for the middle of December and that Council ~ill be advised of the dation of the Committee at that time, was before,Council. Mr. Mheeier moved that the communicatioc be received and filed. The motio was seconded by Mr° Garland and.unanimously adopted.. REPORTS OF DFFICERS: BUDCET-CX~¥ MANAGER: The City fianager submitted a written mport recommend that ~192.00 be transferred from Travel Expense to Office Furniture ~ Equipment - Ne under Section u3, ~fianager,* of the 1970-71 budget, to provide funds for the purchas of a chair for said office. ng Mr, Wheeler moved that Council concur in the recommendation of the City Manager nnd offered the following emergency Ordinance: (u19404) AN OROINANCE to em~d~nd reordain Section a3, UManagereU of the 19?O-TI Appropriation Ordinance, and provfdfog for an emergescy. '(For full text of Ordinance, see Ordinance Book No, 35, page 23.) Mr, Wheeler mwed the adoption of the Ordinance, The motion was seconded by Mr, Link and adopted by the follomlng vote: AYES: Masaru, Garlando Lis~:Taylor, Thomas, Wheeler and Mayor Webber .................... ' ........... ~&, NAYS: None ...................O, (Mr. Trout absent) BUDGET-CAPITAL IMPROVEMENTS PROGRAM-MUNICIPAL BUILDING: The City Manager submitted a Written report recommending that ~§Op. OObeapproprlated to Dues, Member ships and Subscriptions under Section wi, *Conncl~u of the 1970~?1 budget, to providt aoticipated to be'incurred in th*dedication program for the nam Municipal Bui~ Jag Mr. Wheeler moved that'Council concur in the recommendation,of the City Manager and offered the following emergency Ordinance: (~19405) AN O~DXNA~C£ to amend and reovdain Section al, ~Council, u of the 1970-71 Appropriation Ordinance, and pro~iding for an emergency. (For full text, see Ordinance as recorded in Book No. 35, page 23.) Mr. Whee]~ moved the adoption of the Ordinance. The notion was seconded by Mr. Lisk and adopted by the foiioming vote: AYES: Messrs.' Garland, Lisk, Taylor, Thomas, Wheeler and Mayor Webber ................................. 6. NAYS: None ..................O. (Mr° Trout absent) SEWERS AND STORM DR~i~S: The City Manager submitted the following report transmitting copy of a communication dated November 5, 1970, from Alvord, Bnrdick ~ Hews,n, Consulting Engineers, as to a proposal of approach to the study and day*l,pm of information and find~ gs with regard to various aspects of the sewage treatment facilities, advis lng that it is the adm~fstratlve opinion that the outline as con- tained in the communication from. the'consulting engineers is a satisfactory and con- structive approach tofutureplanning at the Sewage Treatment Plant, that if Council finds the outline*acceptable,.sr acceptable with modifications, he would like to forward the communicationto-the State.Water Control Board indicating the extent of consideration by the city with the consultants on this matter to date for their record and the outline of approach that is being considered and that he mould like to advise'the consulting engineer~ that Council would like to proceed with the forma' develop an agree~nt with them, including satisfactory fee schedule all for for~xl adoption by Council: "Roanoke, Virginia November 1~, 1~0 Honorable Mayor and City Council Roanoke, Virginia ';2~3 funds nt Gentlemen: There. is~sttsoh~d-_her~lth~e~copy oF a~letter~dated~0veaber · 1~70, frEm Alv0rd0 Burdick and'Hobiont'consaltl~g~Eagjne~st'is'to a proposal~of an,approach.to:the%study and developaeat~of fnforaatlon and fibbings uiih reglrd t6 vt~lo~i 8s~e~ts Er, the citl*~iewsge treatment facilities. This-proposal uud~me~hod of,approach is~the ~esult of'a o&nference or Messrs~ Ha~e~, Clhrk i~d McGhbb with'the firs is Chicago and.'tkeu~the.visit ofiNr..Mowsoa/aad Mr. Eckmann of the ff~m here is 8oso~ke for seve~al'.d~lk tm~ keeks ago; Uhic~ included a meeting with the Ma~or uud:Cit~ ~o~of~, ~ ~..~ . It Is oar administrative.opinion ~h~t the~outllne ss contained in the attach~d'letter'is'a'sa~l~fa~or~ &nd constructive a~prosch to future planning. This is submitted for sny*.commentn or recommendation that the City Cou&cil might have. Ir you find this acceptable: or acceptable with modifications. me would lihe to do two things simultaneously. One is to forward this letter tb the Virginia State ~ater Control Board indicating the extent.of our consideration with the consultants On this matter to date for their record'and the outline of approach that is being considered. Obviously this does not met the schedule that the · ater Control Board directed to the Cit~ but we hoe not at any time ~elt that that schedule could be realistically conformed to under any conditions. The second action we would ta~e mould be to advice the consulting engineers that their format is that which me monld like to proc~d with and then develop an agreement mith themt including a satisfactory fee scheduleo all for formal a~option by the Council. Incidental to t~ls matter at this time, although not directly related in an~ handliog from here on cut, the foRoming comment might ' be appropriate as tn what is tahlffg place in the order of things. In about 196S, AIvord, flurdich and Howson made a brief and general study ~f certain aspects of the Sewate'Treatment Plant to determine needs tha~ might be apparent then and tha~ would for several ~ears · handle that'were then any additional requirements~of the State ~ater Control BOard nod also additional capaclt~ capability. Out of this report a ~our-five lear program was determined which ]nhluded a numar of things including operational revisions-ns well as phlsical additions. Through the annual budget and through the' 19~? capital b~nd referendum all of this moth has been accomplished, with the.exception of th~ sludge fa~llities mith which'all a~e currently familiar. This fs c~ed as a note that tberb~has~beeh a;pFogram up to now and a program up to now that has been cbbpleted, with the one exception and that what is actually taking place is thatwith the completion of that program there is th~ need-to deve'~op a program faf the coming, and to be determineds period of time to neet the new requirements cf the State and Federal governmente new pro~ectlons of growth and treat- ment volume demand and hem considerations Of intergovernmental relation~ ships withio the Valle~, In other words this matte; currently b~f~e the City is a part' of a continuing situation and procedure of handling :rather than an occurrence or development completely oat of context ~ith Cit~ pro- cedure and policy. contained In the consultants' letter and if ~ou have no objections, we aou}d like to proceed:with the two approaches,abovementioned. Bespectfull~ submitted, S/ Julian F. Hirst Julian,F. Blrst Cit~ Manager" Mr. Thames moved that,the report,be received nad filed. The mo~ion was seconded by Mr. ~heeler and unanimously adopted. CAPITAL IMPROVEMENTS PROGRAM*MUNICIPAL BUILDING: The City Manager snbmitte the following report lo connection with the co*tract between the City of Roanoke and Hayest Seay, Mattern ~ Matteru, Architects and Engineers, on archlte~tnrni, services the new Monloipal Holldlng Annex and the renovation or remodeling of the Manlclpa.l Hmllding,.'recomme~dlhg thst.th~.~chedule Offings and payment to the firm be changed to provide a single factor which would be that the firm woald be paid o* the. basis Of 2.2 times payroll costs incurred, plus, as Is customary, any addition.al expenses on a direct basis, that Hayes, Seay, Mattern ~ Mattern is. agreenble to this revision and toward making it apply to past. services applicable the studies that have been made rather than using the 2.5 times payroll costs: *Roanoke, Virginia November 16, 1970 Honorable Mayor an'd City Council Roanoke, Virginia Gentlemen: There ia a contract between the City of Roanoke and the architectural firm of Hayes, Seay, Rattern and Matt*tn entered into on June 26, 1967, by which that firm agreed to pr*vide the architectural services for the new municipal building ann'ex and for the renovation or remodeling of the municipal building or courthouse. This contract provided that the architect serwice would be rendered on the basis of 5.7 percent of the construction cost. It fnrthe~ provides that four additional services beyond the normal order of design, preparation of plans, advertisement, administration of construction and the such that the firm would be paid on the basis of 2.5 times incurred payroll costs. Further provi~lob is for other expenses and personnel ~or ~dditJonal services will be paid by the City to the extent of the lncnrrence of these As the Council is aware some cms id*robie study has been done by this firm on the municipal building and the aiternat~ve~ to future municipal f~cilities. This work was considerably beyond the original anticipation in this program and beyond the anticipation of the contract with the firm* Me further have before uS the handling of the Improvement work within the municipal building or courthouse.' The present contract wltb~the architects does not include relate to the jail areas on the fourth and fifth floors. Me may come back to the Council with a recommendation in respect to these It would be recommended tha't the above-cited achedole of fees and payments to this firm he changed~to provide a single factor mhich would be that the firm would be paid on the basis of 2.2 times payroll costs Incurred plus, as is customary, any additional expenses on a direct basis. The firm is agreeable to this revision and to making it apply to the past services applicable to the studies that have been made rather than using the 2.5 times. Also ii'Is felt that this method and figure would represent a fairer arrangement as we enter into the improvement work on the older municipal building and also an arrangement which we can develop intimation better and ~etain closer control. The further n~ommendation is that the City Attorney be authorized to prepare an instrument for approval by the City Council and for execution by the City a~d the architects. Respectfull~ submitted, $~ Julian F, Hirst Julian ~o Htrst City Manager~ In u discussion o:f the mnttert Mr. Llsk and Mr. Thomas expressed the opin! with Hayes, Seay, #attern & Wattern the needs and areas of concern should' be spelled out, nnd that Council needs to know more about th6 direction it is going to take before it expends ~ny additional monies for architectural services on the Mnnfcfpnl Holldlng, Mr. L'lsh then moved that the matter be taken under advisement. The motion mas secoaded~ by Mr. Thomas. After a lengthy discussion of the matter, Mr. Wheeler offered a substitute motion that Council concur in the Yeport of the City Hneager and that the matter be referred to the City Attorney for prep~rntion of the proper measure. The motion mas seconded by Hr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Taylor, Wheeler and Mayor Webber .............4. NAYS: Messrs. Lisk and Thomas ..................................... (Mr. Trout absent) SCHOOLS: Council having directed the City Manager to furnish them with a status report on insurance coverage of the London Elementary School in connection with the recent burning of said school on November 1, 19?Or the City Manager submitt( the foil*miNg report adtJ~ing that tbb records of the City Assessor indicate the cos1 of the *tractate at $297,332o00 with an additional valuatio~ of ~8~00.00 for land, ti this figure does not take leto consideration subsequent depreciation, that the fire praection policy of the Roanoke City School Board lists the value of the vacllfty et $147,500.00, with insurance coverage value of $115,949.00, minus 10 per cent, thai the matter of payment to the city for fire damage to this facility is at ~esent in the hands of the lesur ae~e adjusters and the amount of payment has n et been determined, that at the present time the city is endeavoring to obtain cost estimat* for rebuilding the existing facility and at the same time estimates for demolition and removal of debris from the site, and that at such times os the insurance cli ams has been resolved and he has more definite figures with regard to rebuilding or removal of the. residue he will return to Council with a reanmendatto o: ~Roanoke, Virginia November 16, Honorable Mayor and City Council Roanoke, V~ginla Gentlemen: On October 12, 1970, the City Manager wrote to City Council and requested that the City Council not permit the removal of electrical and plumbing fixtures from the London School Building, as at that time he was considering future use of this facility for another purpose when released by the School Hoard. As a result of this request, City Council too, under advisement the School Hoard*s £equest to permit removal of certain equipment from this fadlity. Th*foil*wiNg day, at my request, Mr. Richard Via, Director of School Plants, secured the London School in au effort to protect it from vandals, nevertheless, on Sunday, November 1t 1970, considerable damage occurred to this structure as a result of fire. On Monday, November 2, 1970t City Council referred to the City Manages office the matter of insurance cover age for London School. You further requested that we provide o recommendation for the future use of the residue of this bullcS~g, At this time, I would like to present un interim report to City Council at m-thit matter. l! The City Al senaor.*s.recordn indicate the cost of this structure at $297,332 with an'additional.valuation of $0,000 for land. Thin figure doan,not take Into consideration subnequent depreciation of the facility. The City School Board*a fire protection policy lists the value of this facility of $147t5000 with lnnurance cpverage value of $115,940, micah 10 percent. The matter of payment to the City for fire damage to this facility is at present in the hands of the innurance adJustern and the amount of this payment ham not been determined as of thin writing. At the present t'fme the City fa eadeu'vorlng t~ Obtain c'ost estimates to rebuilding the existing facility and at the same time entimates for demolitioA and removing the debris from the site. At much time ss the lnnurance claim has been resolved . and thin office has more definite figuren with regard to rebuilding or removing the residue,, we will return to, the City Council with a recommendation.. Some explanation as to the comment on rebuilding should be nude. Very shortly after the School Hoard notified of its intent to vacate the building, we commenced inquiry into how the structure might to used. One possibility wan that through certain fedxal programn, asnlsting funds might be.available to. convert it to a neighborhood or community center. The building and lot are in ideal location for thin purpose. Such finds would have tahen sene little time to work oat'but we had commenced pursuing the idea. Such a center, if possible, would have been a real value to the area. The regrettable fire has set us back on this idea somewhat but me still want to consider this further, and it Is in thin vein that the rebuilding thought has come about. Respectfully submitted, $/,Ryron E. namer,, Assistant City Manager" Mr. Thomas moved that the report be received and filed and that Mayor Webber bereqaested to appoin~ a. committee to work with the insurance adjusters on the matter. The notion was seconded by Mr. Lisk and una~nously adopted. Mayor Webber appointed Messrs. Robert A. Garland, Julian F. ~irst, Byron Haner, Bueford B. Thompsent James N. Kincanon, Richard P. Via and Henry W. Crensham Research and Planning, S%uthwe'st Virginia Community Dev~ opment Fund, conveying the desire of the Fundto inquire about and negotl'ate upon the terms and conditions fleces to effect the conveyance of the Lo~don Elementary School to the Southwest Vlrglnlu Community Development Fund, was be*fore Council. Mr. Thom.a$'~oved ~hat the matter be referred to the City Manager for study, and report to Council. The motion was seconded by Mr. Wheeler and unanimously POLICE DEPARTMENT-JUVENILE AND DOMESTXC RELATI{~SCOURT: The City Manager ;ubmltted the folleming report advising of a grant of funds to th~ City of Roanoke in the amount of $2~,TO&.OO.£or the Juvenile Dellflqu~ncy. P~eventatfve Program, that the total exp~nse of the 12-month program from September 30, 1970 to September 30, l~yl, In $~.1~.0o, that' t~ ~ha~e.af.the City is ~l~,~qO.O0 with federel pertlclpa- tion et $20,?~.O0~*the s~are of the city to be by in-kind participation without additional appropriation* required an~ recommending acceptance of said grant: ury URo~noke, Virginia ~ . · , '~ November 16, Honorable Mayor amd City Cobncii · Roanoke, Virginia We are advised by the State Division of Justice and Crime Prevatlon of the grant or funds to the City of Roanoke ia the amount of $20,786 for'the Javenlle'Dnllnqoency Preventative Program. As the City Conncfl.was~edvtsed obmetime ago, application had been made for funds la this program, IR-moa'th- The total expense of the program from September 30, 1970, to September 30, 19?l,'ls $3&,176., Thb City*s lhnre ia $15,390, with the Federal participation' at $20,~86. Tho City*$ share mill be by in-kind participation without additional appro- priation required. By may o£ reminder, this programMlll be m nducted By the Juvenile and Domestic Relations Court through its probation personnel, l~ Involves that-the participating colleges, Roanoke Coll~ge and HolAins College, will fuvnlshto the court work per ~d~ ~or the remainder of the college year. Six individuals will participate at a reoumeratiou Of $30 per week Xt Is recommmded that the City Council by appropriate RespeCtfully submitted, S/ Julian F. Hirs~ Julian F. Rlrst City Manager" COMPLAINTS-pARKS AND PLAYGROUNDS: Council having referred back to the Cit Manager a re~ort made' by him u~der date of ~ovember 9, '1~70, concerning o complaint of police barrassment by young people, for clarification of remarks made by him with regard to the Legal Aid Society of Roanoke Valley, the City Manager submitted the ~Roanoke, Virginia November 16, 1970 Honorable Mayor and City Council Roanoke, Virginia Centlemen': On November 9, 1970, I submitted a report to the City ,Council on the subject of Complaint of Police Harrasameut. On October 19 a group of young people had appeared before the City CouncAl complaining to the Council on such a matter. · he Council referred the matter to me for report. My report of November 9 was in response to that direction. On November, ~ the Legal Aid Society of Roanoke Valley appeared, through Its President, with a prepared statement in objection and in c~laim of refutation to portions of my November 9 report? City Council referred this to me for clarification. ~Oa November~?, 19?O~'the General Counsel:of Legal Aid hud written to me'questioning my report and Sari*lag 8 discussion to clear up any matters oh the pnrtloUlar~sltuutlon, This letter mum received ia wy office NOvember 9 but ca the suee date the'appearance before City CouscJl was mndeby the Legal Aid Board. Thus, temporally, the chance or gain of discussion is ofr~et by the. unavoidable necessity upon me to both reply to City Councl~ by established procedure, amd to rasp*cd us best I can to the rather strong public criticism by the Board. There is mu~h *hit can be Said, In fact the prepar~d statement of the Legal Aid Board can be dissected sentence by sentence, How- ever, I shall be brief aspossible but'at the name time I must ask for .the opportunity to be thorough fr~m what has become moeentarlly a position of defense. Initially - this neither is nor has been a vendetta on my part against Legal Aid* If public issue or challenge arises, as it did in this instance by virtue of the youths' appearance before City Council, then those nh* had a part along the way must share in that which is found in the ensuing effort to analyze the issue and answer the challenge, The portion of my November 9. rep*Fa apparently at issue by the Legal Aid Board was:. This group mas permitted to gather without police contact or Interference until it grew to considerable size and offered potential damage ~o'the Courthouse lawn.'- At that time, they · were requested to move onto the concrete step's, or walkway, which they did without resistance. A man who Identified himself as David. Kerr* stated that he was an attorney with the Legal Aid Society and that he represented the group, Hembers of the group told the police that they needed a place where they could go and 'do our thing and not be bothered.' They remained until approximately 4' p.m. and then dispersed voluntarily, without incident. Despite what I feel Is some. degree, though perhaps small, of awareness of the nature of the times, I. still cannot but wish that if the Legal Aid Society, or its sponsoring agencies--the Federal Government and the Roanoke Dar Association--are unhappy with. the City's handling of these gatherings that they make us first aware by ether than the sudden arrival of a group for all day assemblage. Me have no objections to the visitors but there would seem to be other and more logical means of developing communication on the subject at hand. A more detailed recitation of the occurrence Saturday, October 12. 1970, In front of the Courthouse, the reports of which I have no reason to questio~, is-as follows. The quotations are, of course, not precisely verb~im but are essentially close enough as.to content and as to slgnificant'mrds. The group on the Iowa varied from four to ten through the morning up untll~about noon and were orderly. After this time it continued to increase in number until between 1:30 p.m. and 2:00 p.m., when it peaked at about thirty persons. At this tim*two command officers of the Police Department approached the group-and explained to then that since thdir ~uup had become large, if-they remained on the lawn it'could become damaged. The officers· a~ked them to move over on the steps o2 the Courthouse or on the sidewalk~ One member of th~ group asked what would happen if they decic~d to remain on the lawn and was' advised they could be charged with trespassing since u* one had obtained a he had been there. X am reliably and directly advised by a citizen (note city employee) that at about 11:30 a.m.. this citizen had el*iaea that they (the group) were waiting for 'David Kerr*' with practically nil of the group being, as noted, on the walk and, again, In tlme~ about 1:30 p.m., to 2:00 p.m. 219 · A'pertlemlur young glrl~bmd~severek kimel~opoheh~-to the officbru, Doe of the tbo'offioers~·sked~he~il te her name. She did not o·swer~ She Nos inked thr~e tfmen,~ At the third time · mom stepped from the group ·· said it #omld not be · ecessary rot her ~o give bet ·oma. The officer the· asked him who he Nas° Be.said, oX am ·n attorJey with the Legal Aid Society,' The officer said, *Kho ute' you?° The Man replied; 'I ·w David K·rro and Z would like to ask why these people have to wove orr the law·.' · The officer the· asked, 'Do'you represent the group?' The man sLuted: *I am Just trying to look cut rot their InterCO*gO The officer the· asked hiw to write his ·ama doN· and handed him a sheet of small notebook paper. Be pri·ted: DAVID KARRO Legal Aid Society A' telepho·e number The officer again asked him if he was representi·g ~he ' group ~nd the aforeme·tlo·ed gi~l spoke up and said:. 'Yes, he is. Z called him and me are goi·g to hire hlm,' With this the officer o·ce ageS· asked him if he mas representi·g the group, to which he answered: 'Z door* booN,. ! hoventt taihed to them yet.' for this gathatng?', fie the· replied: *ltii speak for them at t~is tine** With this, the officer ansmered his questio·s a~out why the group hod b~en moved to the concFete wal~ area be*wee· the first and second tier of steps. A major rebuff by the Legal Aid Board in their statement w~s that ~r. ~arro had on*hUng to do.with represe·ti·g the group, Theyt the B~a~d, we·t on to say 'that if one or more l·dividuals J· the group had a. legal problem . . , it would be our responsibility to provide representation.' I don't argue with such as to intent of the Society or becefit to the need of individuals. ~u~ I don't think that is what was happening here. Police officers are carefully trained and extremely conscious of the position an attorney in situations involving clients or even prospective client~. It is a position attorneys rightly expect and officers should highly trained and experienced attorney, is aware of this. ~he officers had no other choice but to assume M~. Karro as representing the'group. From what I knew after the incident and what I hnom now, I also c~o only consider he was representing the group. Maybe It is a matter of lnterpretatioh of words of the difference between *representing' and 'speaking for', Zhis is a fine line, I hold to my statement of ~ovember g. An example is ~hat suppose the officers had ignored Mr, Karro or had'nb* answered his questions or bad--walked away fFpm. him,. The odds are that on Monday mo~Ing we mould have heard a great deal aboat their actions toward an attorney. 'As to the Legal Aid Boardts several comments on Mr. K~rrots assistance to the p~iice: *calming the group', 'retlevtng ten*lout and helping defuse o potentially unpleasant si*ga*ion , we know of none of that. The only thing in this direction mas that after the Kar~o--poiice officer discussion, someone in the group asked Mr. Karro about moving off the grass and he advised the person it would 'b~ best' to do so, The youths had already moved simply at the officers request. There mas no te·sio· and no unpleasantnesst potentially or otherwise. The group wast to repeat, cgoperative. I· fact the two officers left':about 2 p.m. and, with one brief exception for a different re&sout there were no police around from then until the group left about 4:30 p.m. The only debate, and I mUll'use that word, during ~he day, of any cgnsequence, was that, as above described, by Mr. Karro with the officer. I am not de·~la~ Mr,'~arrota right to be there. He had every right in the world to be present. Be had a right to Join the group. Be had a right yo ask que~ions about the officers. fie had a right to represent the group (or speak for them). He could have mnd~ a spe~chor ~o~e ma~y things, I do not say he did any*him5 ~rong and h~ didn't. But--I say to t~e Legal Aid Board--please don't deny what be did, don*t say that he did what he did not do and dunk* call me a falsifier, questio~eas furtber~raited.by.the-Legel~Ald Freaident in his stntSn~nt bef0~b'Clt~ C6ui~ll'as tb th6 itat~i6nt"' ' in my repor~'regardlag~elf Legei~Ald Society---unhappy mith Cltyts ha~dljn~--~ete,*' I do-lok~think~ 8s'th~'Legnl Aid .... statement reads.that t~hls statement clearly implied that the Legal Aid'Society laitJtuted~thb'gnthering at the'cobrthonse,t To have knomledge and/or to.ri!slat la pne thing; to institute is another, Rather, It l~ believed my c6nient-nsi~rts'tkat *if' certain fdngs prevailed then tbic.prod~ood a f~eling on the matter, However if Legal Aides role~ or absence of m role, prlo~ to the events of the day ~a$ dirferent-thanlaay lmplicatloa that I refleetede then l'will quite willingly retract or mithdrnm that particular portion of the report.''As a.general.procedre through, and without dlrectlonm Legal Aidt'lt.is.thonght that some measure of validity exists with respect to the'observation made in my report, One ~Jnal reply, 1~ I may. Regrett'ably,~ I feel, the Legal Aid B~nrd injected into their statements remarks mlth reference to a matter of ayear or-so ago rblatlng to tenants of the Roanoke Public Housing Authority,. This was the Lansdomne matter and, again, a matter that cam publicly before the City, not at-the institution of the City but rather brought by others. The Board*s statement says, "#r. £ggleston established mi*hour challenge that the statements were erroneous.* The President'of the Legal Aid Board is a very busy gentlemen~add I am sere that mith all the responsiHlitles he carries there has not been ~pportunJty to him to go-into all of the details of'that situation of a year or so ago. I mould re~mmnd to the injection of this matter as folloms: (a) it mas not establi~d mithout challenge that the stat~nts mere erroneous; (b} corrective measures mere taken to offset the cause of that situation; (cJ a staff representative of Legal Aid talked with ne and an official of TAP talked with me to satisfaction of all concerned as to remedial handling; and (d) if thio matter is to be all publicly brought out again, it mill be done at the instigation of others than'me. Three concluding thoughto: 1. If there is, or mas, this Legal,Aldstaff association with the~ yodng people, and I believe it exioted, is it not of queotion to then deoert the.young people and claim no association. This is one of the*criticism by the young people in these times, that femwill re main standing mith or by them. 2. Legal Aid from time to timemahes charges and'takes actions against the government of the City. This is not said in criticism because Legal Afdpolicles are oaderstood and also · the City governmeot,is'almays fair game. But, mhy, it mould as to Legal Aid does the assault came back as If an act of desecreatlon of'the worse kind had been committed. ! look formard to later talking mith the General Coo~el'. of Legal Aid per his letter Invitation. On operational levels there is and has been communications--cautious and guarded communications--but nevertheless communications, so this contact and discussion Is no problem. Xt Is hoped this report adequately responds to City Counctl*s referral. If me can advise further, we would be happy to do so. Respectfully submitted, S/ Julian F. Hirst. Julian'F. Hir~t City Manager~ -221 Wr.'Wheeler moved that Council concur ln~th~?~port and receive nad file same. The motion mas seconded ~y Dr. Taylor and.unanimously ad~pted. GARBAGE RE¥OYAL: The City Reneger submitted a written report concurring in the following-report of a committee that the bid of The Ti~y Corporation for furnishing one mew 20 cubic yard refuse compaction unit, la the Syn of $19,555.O7, be accepted: ~November 1~, To the City Council Roan*he, Virginia Gentlemen: On Tuesday, Octob'er 20, bids me~e received end op~ned bi'fore the undersigned committee for a new 20 cubic yard ~fuse con- pnctlon unit. Reference the attached Tabulation of Bids summarizing 3.prop*sail which were received, the submissions by Smith-Ho*re U&~y Company and Truek'Sales,'Inc., being a combina- tion bid. The second,sheet of the tabulation summnriles~ alternate bids subm!tt~d~'mhlch w~re not n?luested by the City.' Tour committee has met to consider the bids. The low bid submitted by The Tidy Corporation Of Lynchbarg meets the basic specification requirements, and is within the $22t000 appropriated for this equipment In the current budget. This nnit will be the Sixth'such item of equipment in the City fleet, one of which Is of comparable manufacture and performing satisfactorily. These units of equipment are used to service 8 cubic yard commercial refuse containers located throughout the City. We are now servicing 362 of these containers at 269 different locations, some as often as ~ times of meek. Thisequipment is constantly in.demand because of 6ur workload. As with anything mechanical there are breakdowns and this necessitates using some equipment on a second shift in order to maintain schedules. As an example, during June and July our personnel worked 369 l/2*ho~r~ overtime at'a salary cost of nearly ~1,500 in order to service these containers. The acquisition of the proposed newunit should enable'us to s~bst~ntially r~duce if not totally'eliminate this overtime e~ease by providing ne~ded flexibility in operations. This will not, however, provide excess capacity for servicln9 additional container units, except for isolated Individual situations. We ~now there are business establishments desiring additional refuse container service, but such will still not be available. It 15 recommended that ~ contract be awarded to The Tidy Corporation in the amount of ~19~5.07, and that other proposals received be ~eject~d. Approved S/ BYron £. Hamer Byron £, Hamer Approved S/ William F. Clark William F. Clark ApprovedS! ~. B. Thomoson B. ~. Thompson~ Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~19406) A~ OROINANCE providing for the purchase of one (1) new refuse compaction unit upon certain terms and conditions; accepting a certain bid made to the City ~r furnishing and delivering said equipment; rejecting certain other ~ds made to the Cit~; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 24,) Mr,.Nheeler moved the ad~pt$on of the Ordinance. The motion mas seconded by Br. Link and ~dopted by the [ollbmiag vote;~ A¥1~it Mes4rso Garland. Lish, Taylor. Thomas, Wheeler and Rnygr Mebber .......................... O, NAYS: None ...............O. (Mr. Tqout absent) SE~KRS A~D STORM DRAINS: The City Attorney 4nbmftted the foil,ming report in connection mith a report of the City Manager regarding the Lick Run Drainage Basint.recommendlng that in the interim period until completion of the Orange Avenue Diversion lioe that there be restricted.from connection to the sanitry Sewer System a~y high density development or new subdlvisJ~n_mhlch would have the e~fect of substantial or marked sanitary sewer volume discharge and proposing that under this position each new ~onnection to the s~stem be:r~veimed 9s to lt~ application under these circanstance~, advising that he can perceive no need for formal a~tlon by Council: "November 16~ 1:70 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Gentlemen: At the Council meeting held November 2& lg?Otthe Council heard end considered a report of the City Manager with reference tO subject matter, same having to do, generally with problems involved in coordinating completion of construction of the remaining wegment ~f the City's Lick Run sanitary sewer trunk line with the plans and ~fforts of private owners and developers in the Lick Run drainage basin. As pointed out'by the City Manager, the recommendations made in his report~might as mall he accomplished hy;sdminfatratire action as by ~at of the Council. The matter was referred by theCouncll to the u~dersigned ~or appropriate measures. Considering the matters reported by the City Manager, aforesafdt. I would concur with him that, by considered and proper applicationt on an administrative level, of ,the general provisions applicable to land subdivision and land use in th a p~ t of the City and its. environs mhich, conceivably, might be affected by the temporary problem and by similar administration of the local regulations applicable to sewer and water connections and extensions, the temporary, nature of the problem may be adequately met, Accordingly,' I perceive no need for formal action of the Council, it having concurred, generally, in the City Managerts ahovementtoned, report. Respectfully, S/ J. N. Kincaflon J. N, Wincanon" Mr. Thomas moved that Council concur in the report of the City Attorney. The motion mas seconded by Mr. Mheeler and unanimously adopted. AUDITS: The City Auditor submitted a financial report of the City of Roanoke for the year ended June 30. 1970. Mr, Wheeler moved that thereport be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. 223 AUDITS: The:Clt7 Auditor s~bmitted & financial report of the.City of Ronoohe for the month of October, Hr,~ Thomas mored that the report be,~eived and filed. The~mbtion mas seconded by Mr, Wheeler and unanimously adopted, REPORTS OF COMRXTrES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE., MOTXO~SANO MISCELLANEOUS BUSINESS: I~PA£TMENT OF PUDLIC gELFAIIE: ~el~p~yClty Clerked tbat t~el~m~ndEdMaM T. Dnrton has qualified as a member of the Advisory Board of Public Welfare to flllthe unexpired term of Dr. Noel Co Taylor, resigned, endiog'Novembor ?, Mr; Wheeler moved that the report be received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. : ALCOHOLIC BEVERAGES-AUDITORIUM-COLISEUM: Mrs. Wo G, Nelson appeared before the body and raised the question as to whether'or not setups sill be sold at the Roanoke Civic'Center uhen a person has not applied for an alcoholic beverage license and expressed the opinion that if the city provides setups, it will be mak in it possible for people to bring In their own alcoholic beverages mi*hoot such license. In reply to the question raised by Mrs. Nelson. the City Manager advised that setups mill not be sold unless an alcoholic beverage license has been obtained by tho person or persons leasing the CivicCeoter° There being no further buslne~ Mayor Webber declared the meeting adjourned., APPROVED ATTEST: ark ' Mayor 225 COUNCIL, SPECIAL MEETINO, Thursday, November 19, 1970. The Couucil of the City of Roanohe met in special meeting in the Council Chamber in the Municipal Budding Annex, Thursday, November 19, 1970. at 3:00 p.m.. uith Mayor Webber presiding. PRESENT: Councilmen Robert A. Garland, Noel C. Taylor, Hampton W. Thonos, Vincent S. Wheeler and Mayor Roy L. Webber ....................................5. ABSENT: Councilmen David K. Lisk, and James O. Trout ................2. OFFICERS PRESENT: Mr. Julian F. Hirst, City Manager, Mr. Byron E. Hamer, Assistant City Manager, Mr. James N. Eincanon, City Attorney, and Mr. J. Rd~rt Thomas, City Auditor. INVOCATION: The meetin9 mas opened with a prayer by Dr. Noel C. Taylor, ~ember of Roanoke City Council. POLICE DEPARTMENT: Mayor Webber advised iht the special meeting of Couuci has been called pursuant ~ the provisions of Section 10 of the Roauohe City Charter cf 1952. as amended, to consider posting and offering a reward to the person or persons first furnishing information to the proper authorities leading to the apprehension and conviction of the person or persons responsible for the murder of Miss Ruby O. Moran reportedly committed in the City of R~oke on November 17. 1970. at the Purity Baking Company. Later during ~ meeting Mr. Garland moved that Council offer a renard of $4.000.00 to the person first furnishing to police authorities information directly leading to and responsible for the apprehension and final conviction of the person or persons respalsible for the murder of Miss Moran and d~ered the fallowing emergency Ordinance: (~19407) AN ORDINANCE offering and providing~for the payment of a certain cash reward; and providing for an emergency. WHEREAS. the Coonci] and this community view with abhorrence and deepest concern the commission of the criminal act or acts which caused the recent tragic death of Miss Ruby O. Moran on November 17. 1970, in the City. and the Counci 1 desires that there be promptly brought to justice the person or persons respm $1ble for her said death; and WHEREAS, for the immediate ~reservatim of the public peace and safety an emergency is declared to exist, so that this ordinance may tare effect up~ its passage. THEREFORE, BE IT ORDAINED by the Council o~ the City of P~anohe that there is hereby posted and offered to be paid by the City a reward in the sum of $4,000.00 cash, to the person first hereafter furnishing to police authorities information directly leading to and responsible for the apprehension and final convict im of the person or persons responsible for the untimely death of Miss Ruby O. Moran, on November 17, lgTO, in the ~ity. BE IT FURTHER ORDAINEO that the amount of the aforesaid remsrd shall be increased by un~ such amount or amounts ns may be paid to the City rot the aforesaid express purpose by nny private individual, firm or corporation{ undo further, that the City Council expressly reserves the sole right to determine the person or persons to whom the entire nforeneJd remsrd abnll be paid, upon any claim for psyment of the same being made to the City, and reserves, further, the right to withdraw the offer of payment of said reward Bt any time prior to claim for payment thereof being made to the C~uncil. BE 1T FURTHER ORDAINED that there be and is hereby appropriated ~om the general Fund the sun of $4,000~00, to be used in payment of the reward herein offered, and BE IT FURTHER ORDAINED th~ t the City Nauager do cause appropriate publica- tion to be made and publicity given of notice of the offering and posting of the sforesnid reward; and BE IT FINALLY ORDAINEO that, nn emergency existing, this ordinonce shall be in full force and effect ul~n its passage. Mr. Carland moved the adoption of the Ordinance. The motion was seco~ ed by Mr. Wheeler nnd adopted by t~ following vote: AYES: Eessrs. 6arland, Taylor, Thomas, #heeler and Eayor Webber ......... NAYS: None 0 (Messrs. Lisk and Trout absent) In a discussion of the matter, all the members of Council expressed concern sver the recent act which was committed In the City of Roanoke and advised that the safety of the citizens of this city is the responsil~lity of Council, that incidents inch as this must be stopped, and th~ it has reached the point that it has become increasingly dangerous for citizens to walk the streets at night. In concluding, Mayor Nebber requested that anyone having information in :onnection withthe murder of Miss Moran please w~l~ or call the Police Departmea It once.. The~e being no f~er business, Mayor Mebber declnred the meetin9 ~djourned. tTTE ST: City Clerk APPROVED Mayor COUNCIL, REGULAR HEETING, Monday, November 23, 1970. The Council of the City of Roanoke met h regular meeting in the Council Chamber Jn the Municipal Building Annex, Monday, November 23. 197o, ut 2 p.m., the regular meeting hour, with R~or Webber presJJing. pRESENT: Councilmen Robert A. Garland, David K. Llsh, Noel C. Taylor, Hampton R. Thomas, James 0. Trout, Vincent S.Rheeler and Razor Roy L. Vebber ABSENT:~ None ...................................................... O. OFFICERS PRESENT: Rt. Julian F. Hirst, City Manager, Mr. Byron E. flaner, Assistant City Manager, Mr. N. Ben Jones, Jr., Assistant City Attorney, and Mr. A. N. Gibson. Assistant City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Rillian R. Klein, Pastor, Second Presbyterian Church. MINUTES: Copy of the minutes of the regular meetln9 of November 1970, having been furnished each member of Council, on motion of Dr. Taylor, seconde~ by Rt. Llsk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. ACTS OF ACKNOKLEDGEMENT-SCBOOLS: Mr. M. Carl Aodrems appeared before Council and announced that Dr. Roy A. Alcorn. Superintendent of the Roanoke City School Board, has been awat~bd the American Educators Medal of Freedom*s Foundation, which is a silver medal hanging from a red,'white and blue ribbon and pointed out that the amard is presented primarily for the worn performed by Ur. Alcorn in the Chesterfield County Public Schools where he mas formerly Superintendent of Schools. Mayor Rubber presented the medal to Dr. Alcor~ and congratulated him on behalf of himself and the members of Council. UEARING OF CITIZENS UPON PUBLIC RATTERS: GARBAGE REMOVAL: Pursuant to notice of a~he~tf~dsoncuencw~a~-t~petrm md~n~wcra~l~r;l~aderosai~l~-ploponals to be received by the City Clerh until 2 p.m., Monday, November 23, 1970, and to be opened at that hour before Council, MaIor ~ebber ashed if anyone had any questions about the advertisement and no representative present raising any question the Rayor instructed the Deputy City Clerk to proceed with the opening of the bids; whereupon, the Deputy City Clerk opened and read the one bid received from Carter Rachinery Company, Incorporated, in the amount o~ $31,679.00 for one track-type tractor and $41,880.00 for one crawler loader. Mr. Thomas moved that the bid be referred to a committee to be appointed by the Rayor 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 mas seconded by Mr. Trout and unanimously adopted. :227 Mayor Webber appointed Hessra. Bynn E, Hamer, Chairman, William F. Clark mud Dr. Noel C. Taylor as members of the committee. ZONING: Mr. George M. Rarrls, Jr** Attorney, representing Mr. Milllam LuPrad, oppenred before Councll and requested the Issuance of a nonconforming certificate of occupancy for a three-unit apartment duelling located at 2024 Hanover Mr. Thomas moved that the matter be referred to the City Planning Coumissi( for study, report and recommendation to Council. The motion nas seconded by Mr. Trout and unanimously adopted. . PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School BaTd, requesting that $37,300.00 be appropriated to Section #67000, #Schools-Emergency School AssistanCe Program,# of the 19TO-?I budget of the ~ooke City School Board, to be 100~ reimbursed from federal funds, was before Council. Mr. Trout moved t~ Council concur in the request of the Roanoke City School Board and offered the following emergency OrdtnanoeJ (=19408) AN ORDINANCE to amend and reordain Section ~67000, "Schools - Emergency School AssistanCe Program," of the 1970-?1 Appropriation Ordinance, and providing for un emergency. (For full text of Ordinance, see Ordinance Book No. 35, page Mr. Trout moved the adoption or the Ordinance. The motion was seconoed by Mr. Lisk and adopted by the followin~ vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ............................ NAYS: None ................O. CITIZENS' ADVISORY COMMITTEE: A communication from Mr. George E. Riddick, tendering his resignation as a member of the Citizens' Advisory Committee, effective December 1, 1970, was before Council. Mr. Whee]/r moved that the communication be received and filed and that the resignation be accepted with regret. The motion was seconded by Or. Taylor and unanimously adopted. STADIUM: A communication from Mrs. D. H. Dobbs requesting that Council take every consideration possible toward supporting the Roanoke Buckskins, was before Council. Mr. Wheeler moved that the communication be received and filed. The motio~ was seconded by Mr. Garland and unanimously adopted. STREET LIGHTS: A per, ion signed by 23 residents of the 2300 block of Idavere Road, S.W., requesting that a street light be installed near the center of the 2300 block of Idavere Road between Fairway Drive and Northview Drive, S.W., due to a recent increase in burglaries and~struction of private property, was before Council Dr. Taylor moved that the matter bo referred to the City Manager for study report and recommendation to Council. The motion was seconded by Mr. Garland and unanimously ~dopted.. STATE COMPENSATION BOARD-CITY SERGEANT: Copy of a communication from the State Compensation Board advising th t the Compensation Board approved.four salary adjustments for employees in the Office of the City Sergeant, effective November 1, i970, was before Council. Mr. Thomas moved that the communication be received and filed. The motion was seconded by Mr. Trout and unanimously adopte~ BOUSING-SLUM CLEARANCE-BUILDING DEPARTMENT: A communication from Mr. Charles R. Hale, requesting that a condemned house at the back of property located at 630 Loudon Avenue, N. g.. be razed for safety measures and to improve the appearance of the neighborhood, was before Council. Mr. Llsk moved that the matter be referred to Ci~ Manager for $~dy, report and recommendation to Council. The motion was seconded by Mr. Thomas and unanimous] adopted. STREETS AND ALLEYS: An application from Mr. Jennings T. Bird, Attorney. representing Antrim Motors, Incorporated, requesting that a portion of Stephenson Avenue, S. M** between the northerly line of New Street, $. W., extended to the easterly line of Franklin Road, S. M.. be vacated, discontinued and closed, was before Council. Mr. Lisk offered the following Resolution providing for the appointment of viewers in connection with the application for closin9 the street: (~19409) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of Antrim Rotors, Incorporated, to permanently vacate, discontinue and close the portion of Stephenson Avenue, S. N,, between the northerly line of New Street, S. M., ext~fled to the easterly line of Franklin Road, S. ~. (For full text of Resolutim, see Resolution Rook No. 35, page 2~.) Mr. Lisk moved the adoption of the Resolution. The motion ~as seconded by Dr. Taylor and adol~ed by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Nheeler and Mayor Mebber ...................... NAYS: l~e .............O. Mr. Llsk then moved that the matter be referred to the City Planning Commission for study, report and recommendation to Council. The motioi was seconded by Mr. Thomas and unanimously adopted. REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC MORES: The Assistant City Manager submitted the folloming report requesting that $260.00 be transferred from Operating Supplies and Material mder Section nO7, 'Street Construction,* to Operational and Constructiol ';~29 Equipuent - gepluceuent under Section usa, eStreet Repair,' of the 1970-71 budget, to provide funds for the purchase of un adding wachiue to be utilized bi the Street Division: ~Roanoke, Virginia November 23, 1970 Nonorable Mayor and (~y Council. Roanoke. Virginia Gentlemen: Recently u 20-year old adding machine utilizadb7 the SlieSt'' Division mas in need of repair. A request for estimate for repairs resulted Jn an estimated cost of $263.20 to piece.is unit In oporuting condition and it still mould not be guaranteed for extended use. As this unit of equipment is req~ed daily by this department. at the Director or Public Morks' request the Purchasing Department obtained a price of $260 for procurement of a new adding machine. An .expenditure of this magnitude uae not envisioned In thin year~* budget. The Streets Division Construction Account, Departuent GY, line item 320 for Operating Supplies and Materials contains sufficient funds to allow the transfer of $260. It mould be asked that City Council by budget ordinance authorize the transfer of $260 from Department 87, Object Code 320, Operating Supplies and Materials, to Streets Division, Account SMD Object Code 355, Furniture and Equipuent--Replacement. for the purchase of a nee adding machine. Respectfully submitted. S/ Byron E. Hamer I~rm E. Hamer Assistant City Manager" Mr. Trout moved that Council concur h the request of the Assistant C~y Manager and offered the follouiug emergency Ordinance: (m19410) AN ORDINANCE to amend and reordain Section #O?. "Street Construc- tion." and:Section sSfl. "Street Repair," of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 28.) Mr... Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Thouas and adopted by the following vote: AYES: Messrs. Garland. Lisk, Taylor. Thomas. Trout, Mheeler' and M4vr Webber .............. ~ ................ ?. NAYS: None O. BUDGET-JUVENILE AND DORESTIC RELATIONS COURT: The Assistant City Reneger submitted the following report recommending that $375.00 be appropriated to Office Furniture and Equipment - Nam under Section a19, "Juvenile and Domestic Relations Co~ t," of the 1970-71 budget, to provide funds for the purchase of three file cabinets for the Juvenile and Domestic Relations Court: "Roanoke, Virginia November.23, IgTO Honorable Mayor and City Council ' Roanoke, Virginia Gentlemen: The City Manager's office is in receipt of a request from La~rence L. Eoontz, Jr.. Judge of the Juvenile and Domestic Relations Court. requesting the transfer of $100 and the authority to purchase additional-file cabinets ~lkh lhb~e funds.~ Judge;iaontz Indicates that at present they are endeavoring to maintain their record room by keeping important files~in various*cardboard boxes~ These are current records Mhlch should be maintained in n manner so as~ make them readily available to the Judge and to the various probation officers. : The Juvenlb end Domestic Relations court had Included three new file cabinets in their budget request.for this current year. 'The $3?S'that they had programmed for this purpose nas deleted in the budget revieu process. Judg~ Koontz has indkated that should City Council consider transferring $100 from the Juvenile and Oonestic Relations Court, Department 19,'Object Code 311~ Food. Medical and Housekeeping Supplies. to the sane department, Object Code 3eO. Office. Furniture.and Equlpment-~Nem. he could procure either, two or three second-hand filing cabinets abica would permit more satis- factory storage of current files and records. Although Judge Koontz has not asked for the appropriation of the original amount of $37S. such an action on the part of City Council would seem appropriate to permit him to purchase three new filing cabinets. This matter is referred to City Council for iour consideration with a recommendation that Council appropriate $375 to Department 19, Object Code 380, Office Furniture and Equipment. Respectfully submitted. S/ Byron E. Hamer. Byron E. Hamer Assistant ~y Manager" Mr. Rheelec moved that Council concur in the recommendation of the Assistan City Manager and offered the followie9 emergency Ordinance: (~19411) AN ORDINANCE to amend and reordaJn Section nlg, "Juvenile and Domestic Relations Court.~ of the 1970-71 Appropriation Ordinance. and providing for au emergency. (For full text of Ordinance. see Ordinance Hook No. 35, page 26.) Mr. Mheeler moved the adoption of the Ordinance. The motion was seconaed by Mr. Trout nod adopted by the following vote: AYES: Messrs. Darland, Link, Taylor. Thomas. Trout, Rheeler and Mayor #ebber--~ ........................ ?. NAYS: No~ ............ O. BUDGET-ELECTIONS-RRGISIRAR: The City Manager submitted a written report transmitting and concurring in a request of Mr. Andrew H. Thompson, Chairman of the Electoral Board, that $300.00 be transgerred from Printing and Office Supplies to Office Equipment under Section n65, "Electoral Board,~ of the 1970-71 budget, to ~rovide funds for the purchase of one secretarial desk and one secretarial posture ~hair for said office. Dr. Tailor moved tli~ CounciI concur in the report of the City Manager and offered the following emergenc! Ordinance: (n19412) AN ORDINANCE t6 amend and reordain SectionU85, ~Electoral Board,~ of the 19~-71 Appropriation Ordinance, and providing f~ an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 29.) Or. Taylor moved the adoption or the Ordinance. The, motion was seconded ~y~Mr. Llsk nnd adopted by the following vote: AYES: Yeasts. Garland, Llsh, Taylor, Thomas. Trout. Wheeler end Mayor Webber ........................... NAYS: None .............-0. BUSES: The City ganager submitted the rolloming report transmitting a request o! the Surety Motor Transit Company that consideration be given toward eliminating the gross receipts tax and toward making certain changes with regard to the fare structure or said Company: . ~ "goanoke. Virginia, November 23. 1970 ~onorable Mayo~ and City Council goanoke, Virginia Gentlemen: There i's hereuith'attached a letter of October 27, 1970. from Safety Motor Transit Company, by Mr. J. W. Stowe. President, request- ing the consideration of the City to eliminating the gross receipts tax on the bus company and making certain changes In the fare structure. Those changes are to increase the weekly pass $3.00 to $3.50 and to eliminate the use of tokens. Mr. Stowe attached to his letter slx pages of data on company operations and as this material bears upon his request, these pages have been reproduced and arerattached. AS initial reaction on a point, I wrote to Mr. Stowe, after receiving his letter, inquiring as to additional information regardin9 the ~sition they are proposing on tokens, it having been my feeling that tokens were advantageous to the encouragement of bus use. I am enclosing Mr. Stowe*s reply to November 5, as further background to their request. There will be ~ndoubtedly additional study and points or consid- eration in this request upm which inquiry will be made and which will have to be developed; however in response to the company's request it is that the matter be brought before the CltI Council as early as practical, this is submitted. Mr. Stoma or a representative of the company is being asked to be present at your meeting. Respectfully submitted, S/ Julian F. Birst Julian F. Birst City Manager" In this connection, Mr. J. Mister Stowe, President, Safety Motor Transit Company, appeared before the body in support or the request of the Rarity Motor Transit Company and explained in detail the request or the Company. Mr. Thomas moved that Council take the matter under advisement and that Mayor Webber be requested to appoint a committee to study the request and report back to Council. The motion was seconded by Mr. Wheeler and unanimously adopted. Mayor Webber appointed Messrs. Julian F. Hirst, Chairm3, J. Robert Thomas, Vincent S. ~heeler and Robert A. Garland as members of the committee. COUNCIL-MUNICIPAL BUILDING: The Assistant City Manager submitted a written report in connection with installing a sound system for the Council Chamber, proposin, taat the pro~ect be readrertised, using the same specifications sub~ect to any change Council might care to recommend. After a discussion of the matter, Mr. Thomas mmed that Council concur in the recommendation of the Assistant City Manager that the equipment be put out for rabid using the same specifications but to include an alternate bid for tape recordin equipment to be utilized by the City Clerk. The motion was seconded by Mr. Mheeler and adopted. Mm~or Mebber not voting. GARBAGE REMOVAL: Council having referred a petition signed by 50 residents in the East Gate and Kessler Beights area complaining of odors emanating iron,the quarry utilized by the c~ty for landfill purposes to the City Manager for study and report, the Assistant City Manager submitted the' folloming report advising that an arrangement has been made whereby a property emmet will furnish necessary excavating and loading equipment and the city will haul the material to the quarry in an effort to conclude the respomsJ)ility of the city in this area: "Roanoke, Virginia November 23, 1970 Honorable Mayor and City Cancil Roanoke, Virginia On Komday, October 19, 1970, City COuncil received a petition from 56 residents in East Gate amd Kessler Heights complainl&g of odor emanating from a quarry utilized by the City for landfill purposes. City Council referred this matter to the City Manager to investigate and report. Me have been aware of this problem for some time and Mr. Jones Keller has been en~Rroring to find a contractor to haul fill dirt into this location. It is~lt that increasing the soil coverage over this burning and settling area is the best way to resolve this problem. The day after this matter came before City Council a property owner sed~g to dispose of excavated earth materials from property located on the south side of Orange Avenue contacted the Director of Public Morks. An arrangement has been made whereby the property owner will furnish the necessary excavating and loading equipmemt amd the City will haul the material to the quarry. Originally this work was to have commenced om November 5; however, rain has delayed the start. It will begin as soon as ~eather permits and we plan to proceed as expeditiously as possible, hopefully to conclude the Ctty*s responsibility in this area once and for all. Respectfully submitted, S! Byron E. Hamer Byron E. Hamer Assistant City Manager' Mr. Wheeler moved that Council concur in the report Of the Assistant City damager. The motion was seconded by Mr. Lisk and unanimously adopted. ZRAFFIC-$CBOOLS: The City Manager submitted the following report expressin the desire to generally go over proposed plans for improvements to Bersbbcrger Road, advising that approval of Council at this time is mot requested on this project, but that the plans are being submitted as information ano at such time as plans are firm and construction costs and distribution available he will report back to Council: 233 "Roanoke, Virginia 'Sovewber 23, 1970 Honorable Mayor and City council Roanoke. Virginia ~ ~ Gentlemen: As has been previously adrised, the Virginia Department :of Highways has scheduled n public hearing ~on Tuesday, Hovenber*24. at the TerraCe Theater, Airport Hoed, on the project et proposed improvements to Hershberger Bond,'~We Indicated that m soon as plans were available, we would bring them to the City Council. We have plans at this time; huWeVer~ uenre not certain ns to whether they are still subject to some changes by the Highway Department and we are not certain as to the cost of the project and the City's share, if any, in the work. In view though of the immediacy of the public hearing and ihat with a public hearing the Council will not be unaware Of what is taking pla~e, we wish at your meeting to generally go over the pin as we currently have them. This is not a major construction improvement to Hershberger Hood. It consists principally of new and in,toyed trail.ac signal installations and the adding Of turning lands at strategic intersections. Otherwise the road will remain unchanged and most of'~e two-lane sections will continue as such. The program originates under, what is known as the Federal TOPICS program which iS special Federal money for State and local matching for tnelmprovment of specific bad traffic locations rather than complete highnay projects. The Highway Department looks ulxn the Hersbln~ger Road project as interim work pending possibly a major construction project at some later time. Me do not ask the City Counci les approval of this project and the plans at tnls time rather we bt-hg thin as~formation, he would anticipate representing the City at the public hearing without committing the City ia the matter except as to the formality at this stage where we are required to present a social economic report as to the affect of such a project on the general area environment. At sech later date as plans are firm and construction cost and distri- but im available, we would intend to come back to the Council. Respectfully shbmttted, S/ Julian F. Hirst Julian F. Hirst City Manager" Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Link and unanimously adopted. AUDITORIUM-COLXSEUM: The Assistant City Manager submitted the following report in connection with installing measuring devices in the ceilings of the Roanoke Civic Center Auditorium, advising that if Council desires to have these devices installed the city will have to pay for the fabrication and installation of the load cells in the amount of $3.908.00 for sixteen cells: "Roanoke, Virginia November 23, 1970 Honorable Rayor and (Ity Council Roanoke, Virginia Gentlemen: Members of City Council are aware that the ceilings for the new Civic Center A~ditorium and the orchestra shell are movable. These two ceilings are supported by lb high-strength cables and are moved into various positions by a system of counterweights, pulleys and electric motors. Each cable contains a turnbuckle to permit adjustment in leveling the ceilings. Because of the nature of these typeset;of structureS, th.ere has not been, up until now. an7 available method or accurately determlng whether or not each syatem 15 balanced,and If etch cable is carrying its pro- portionate share o! the load. ~Each table,is designed with n safety factor of approximately seven.) Since some cables may be under greater stress than others, these cables'uould.tend'to elongate or stretch more then the cables carrying less load. This would normally be corrected by adjusting the turnbuchles and relereltng the ceilings. Since the ns'e of ~able~ty~e structures i~ IncreaSing, n deri~e bas recently been designed to accurately measure cable stresses. This device, called'n load cell, has recently been duc~ssfully used on at least two similar ceiling systems. This load cell Is installed on the tensioning turnbUChle of each cable nnd remains peruanently in place. buffer auplifier and a two-channel pan recording galvanometer which equipment, the cable stresses are automatically charted on n grn~h as the ceiling system goes through a complete cycle up and down. The contractor at th~period is in the final stages of Installing these cables to these movable ceilings. Should the City of Raanohe desire tn have these measuring devices installed the City would hare to pay for the fabrication and installa- tion of the load cells. Ye have obtained from the general contractor a price of $3,g08 for furnishing and installing the 16 cells re~ired. The cells cost approximately $100 each and the remainder of the cost would cover installation. This cost does not idclude the metering equipment, ns it is not considered economically rasonable for the City to invest in the large amount it would take to purchase this readout eq~puent. The architects' stage consultants, ~eorg~ C. Inenour Associates, have the necessary recordin9 equipment and have agreed to bring the equipment to Roanoke and make the required readings for final adjust- ments. This work mould be done at no cost to the City. At this point it should be stated that had these units been available when the ceiling systems were designed, the architects and their consultants would have included them as a part of the contract. The architects, mJth theJi structural engineers and stage consultants, have discussed this matter In great detail and all feel that thB is an excellent long-range investment for the City in terms of Should City Council concur In the need for the installation of these load cells, this work should be approved for accomplishment as expedi- tiously as possible and funds in the amount of $3.908 appropriated. This matter is submitted to City Council for your consideration. Respectfully submitted. S/ Byron £. Bauer Byron E; Hamer Assistant City Manager~ Mr. Lisk expressed the opinion that Council should concur in the report of the Assistant City Manager even though this is an unanticipated expenditure and advised that the ceiling devices are safety factors we need to hare at the Roanoke Civic Center. After a discussion of the matter, ~r. Thomas raised the question as to mhether or not the measuring devices uny be installed after the Roanoke Civic Center is completed if Council desires to do so. The Assistant City Manager replied that it will be difficult but the work can be accomplished. 235 Mr. Thomas then moved that the report be received and filed. The motion seconded by M[.Mheeler and adopted by the follomlng vote: AYES: Messrs. Thomas, Trout, Wheeler and Mayor Nebber ..............4* HAYS: Messrs. Garland, Lisk and Taylor .............................3. AIRPORT: The City Manager submitted the following report transmitting a proposal of Niley N. Jackson Company, General Contractors, for furnishing snow removal equipment and operators at Roinoke Municipal (Moodrum) Airport. advising that the proposal is reasonable and that past work experience with *hbo'firm under this arrangement has been satisfactory: "Roanoke. Virginia November 23, lg?O Honorable Mayor and C~y Council Roanoke, Virginia Gentlemen: Yhore ia heremith attached a proposal dated November 10, 1970. from Wiley N. Jacksom Company, General Contractors, for the furnishing of snow removal equipment and operators at the Municipal Airport for the 19?O-TI season. The rates are as stipulated in this proposal to Mr. Harris, Airport Manager. The rates ace the same as those of last year with minor variations due to a slightly different unit of equipment Jn one instance and the addition of one Item of equipment that mas not included last year. One other difference is the proposal of $2,00 per hour additional for work prior to 7:30 a.m. and after 4:00 p.m. and for uork performed on Saturdays, Sundays or'legal holidays. It is considered that this proposal is reasonable and it would be recommended that the City Council accept it by the proper instrument. As in the past. most of the equipment will be stationed at the airport during the winter. Our work experience with this firm under this arrangement has been satisfactory and no other firms in the past have contacted as in regard to comparable services. Respectfully submitted, S/ Julian F. Hits* Julian F. girst City Manager" Mr. Trout moved that Council concur in the report of the City Manager and offered the following emergency Ordinance: (#19413) AN ORDINANCE approving arrangements and plans proposed by the City Manager to accomplish necessary removal of snow at Rmnoke Municipal Airport for the 1970-71 season; and providing Ior an emergency. (For full text of Ordinance, see Ordinance Rook No. 35, pa~e 29.) Mr. Tro ut moved the adoption of the Ordinance. The ~ion was seconded by Mn. Nheeler and adopted by the following vote: AVES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Rheeler and Mayor Webber ...................... ?* NAYS: None .............................................. O. AIRPORT-TRAILERS: Council having referred to the City Manager for study and report a communication from Mr. Leon R. Ky*chert, Attorney, advising that he represents Mr. C. Vernon Lackey mbo resides near the west end of the Roanoke Municipi (Moodrum) Airport property, that his land adjoins land owned by the City of Roanoke fhich Hr, Shannon Hudgins is trying to lease for expansion of his trailer court located near and adjoining the west end of the airport property, und that Hr. Lackey opposes any father expansion of said trailer court due to the adv6rse affect that it now has on his property, the City Manager submitted a written report transmitting copy of a communication written by him to Mr. Kitchen advising that he is in receipt of such a communication from Hr. Shannon Hudgins, that the request has not been formally presented to Council pending additional information and at such time as firm action is tahen on the matter Mr. Kitchen will be advised. Hr. Lltk moved that the report and communication be received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. POLICE DEPARTHENT-FIRE DEPARTMENT: The City Manager submitted the followin, report on the status of personnel ia the Police Department and the!Fire Department for the month of October, 1970: 'Roanoke, Virginia November 23, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: Listed below is the status of the police and the fire department as of October 31, 1970: 'Fire Department Emoloved Charles A. Harris, Jr. - October 1, 1970 Retired Assistant Chief Lo C. Kingery - October 16. 1970 Retinue4 J. A. Collier Employed JanuaryS, 1970; Resigned October 1, 1970 There is me vacancy in the Fire Department: Police.Department Hired Rationed' Chester Thomas Lyle October 5, 1970 -- Frank George Monsour October 6, 1970 -- Endhg October 31. 1970 (2) vacancies.* Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" Mr. Trout moved that the 'report be received and filed. The motion~os sec ed by Mr~ Hheeler and unanimously adopted. PLANNING-ZONING: Council having referred to the City Planning Commission for study, r~port and recommendation a communication from Hr. W. Heywood Fralin, Attorney, representing Fralin and Huld~on, Incorporated, advising that his client desires to purchase property fronting 100 feet on the north side of*Salem Avenue, S. H., 285 feet on the east side of llth Street, S. W., and 100 feet o~ the south side of Norfolk Avenue, S. H., for the purpose of remodeling into single-family ~237 dwellings the ten duplex duelling~ presently located thaeon mhlcb have been condemnc and are to be razed by the City of Roanoke and to sell the remodeled single-family dwellings to loner Income families; however, the Subdivision Ordinance provides that property owned by one common owner cannot be sold in lots with a frontage of less than 60 feet and the Zoning Ordinance provides tho~ property located in u Light Manufacturing District cannot be remodeled a~d sold ns a residence, end requesting that Council study the Subdivision Ordinance and the Zoning Ordinance in lieu of the proposed project and n~ke a report as to whether it considers the project worthuhile, m~l, if so, whether it considers it beneficial to the city, the developer and the low- income families to amend said Ordinances so as to permit such a project, the City Planning Commission submitted the following report advising that if this proposal is al~zoved by Council it would have a deleterious impacton the City of Roanoke a~ that no reaoning or 7~ing Ordinance text changes should be made to effecmate the proposal: *November 11. 1970 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited re'nest was considered by the City Planning Commission at its regular meetings of Roy 20. August $, August 19, September 16, November d, and a special Commission meeting on November 11, 1970. Mr. Heywood Fralin, attorney for FralJn and Maldron. appeared before the City Planning Commission and stated that the petitioners plan to remodel the 10 exist~g condemned duplexes located on Salem Avenue andlith Street S. M. and convert them into three bedroom single-fomilyrunits (lot sizes mould be approximately 28.5 feet by 100 feet), selling for approximately $12.000 and $13,000each, which would be sold to low income families.' Mr. Heywood Fralin requested that the parcels present zoning designation be changed from its existing Light Manufacturing zoning designation to allow for the rehabilitation of these struc~nres; in addition, he requested that tee Zoning and Subdivision Regulations re- qniringu minimum lot frontage o£ 60 feet (when under sJ~le owner- ship) not apply in situations in which structures already exist on the l]~perty - as in the case of this petition. Mr. Fralin noted that the renovation of the structures in question is the only practical way to provide Ion-cost housing for the poor, and that adequate housing is desperately needed by lowoincome fami)les. He noted.that th~ 60-fooC~l.ot%fr§ntnoe~r~qufre~ent noted in bath the Zoning and Subdivision Regulations is basically a good one and should continue to be the rule for any new houses constructed, but not apply to lots where structures already exist. Mr. Prnliu stated that the existing Light Manufacturing zoning designations for this property was basically unrealistic since no new industry had located in the area over the past 20 years. He noted that there are presently only two major industries in the area. and pointed to the scarcely of developable la~ available in the City of Roanoke-to house low-income families. Xn addition, Mr. £ralJn noted that the existing homes in the general area ore, well kept and that the location of the Hu~t Park housing project about slx blocks from the llth Street project indicated that this was not an industrial area. * P '~ y- ghout the country. The Planning Dlrectbr presented · series of photographs depicting the extreme dilapidated conditions of the ·nits la q·eation a~pointed~ the fact that the rehabilitation or these structures to an acceptable atunda~d was highly questionable, owing to these atractarml deficiencies.and, that a better~ ~o·rse of action may be simply to raZe The Planning D~recto~ ~t~d that the proposed development kould be a flagrant violation of both the Zoning and Subdivision gegulotlbns: the general area wad easentfally.a mixture of dilapidated residential structures and.imdsstrlaL uses uith the 10th Street project serving as · catalyst to Ind·strial development; and the lot,frontages con- templated in this development was considerably less than the require- ments spelled out in the SubdiviSion and Zoning Regulations. The Planning Dlrbctor noted that the purpose of these lot requirements is to insure that the character and nat·re of residential neighborhoods are preserved; the need for this relates to preventing relative over- crowding of duelling ·nits ulthln an area which can result in a loner- icg of environmental quality oulng to a large surfaco areal coverage of a building lot by the dwelling unit ltsmlf and a resultant decrease in the area available for general open space. The Planning Director also noted that the mixing of residential and industrial uses would have a deleterious effect on the quality of the environment. Mr. Horace O. Fralin, noted that his firm had no intention of requesting an amendment to the Subdivision Ordinance, but merely to renovate the condemned structure. The Planning Director on May 20 recommended to the City Planning Commission that the Planoing Department undertake a study to determine the land use trends in,this general area. This study completed on July 20 and presented to the. Planning Commission on August ~ (see enclosed s~dy) revealed that the area was essentially industrial in character. Mr. John H. Parrott. Chairman of the Plannihg Commission recommended approval of this petition as a means of providing a break-through in low-~ncome housing. He noted that the Fralin-proposal would allow a test case to be made of this type of housing venture with little risk of public funds. He ~reed that this situation presented a zoning problem and tltt this proposal might not succeed. Considering the low development costs involved in this enterprise* Mr. Parrott thought it a worthwhile project to pursue and, in addition, would provide much needed housing. Mr. A. B. Coleman, Commission Member, noted that. industry is not interested Jo locating l· older neighborhoods, but generally is attracted to site~ near major interstate highways. He noted that the low-cost housing rehabilitation project wa·Id help alleviate the tragic housin9 shortage in the City. Although.it would ·at meet present zoning standards, he noted that this type of housing was better than that presently available for low-income families. Mr. He·fy Boynton, Commissioo Member. noted that planners ~ould conside~ the long-range effects on the Cit~ of any reduction in zoning standards. He noted that the oreats not conducive to resideotial development. Mr. J. D. Lawrence, Commission Member, noted that the proposed residential structares would eventually deteriorate into o slum, because of tho adverse environmental conditions existing in the sorronedlc~ area. Mr. Creed K. Lemon, Commission Member, noted that this pilot project would ~ot produce any adverse environmental effects in the ~enekal*area. Mr. John L. Mentworth, Commission Member, opposed this petition because of the generally adverse environmental conditions existing in the area, Mr. John H. Parrott, Chairman of the Planning Commission on Sep- tember 1~ requested that the Planning Department study the environ- mental implications, and the steps necessary to implement the Fralin and Maldron Development Proposal. ~239 Accordingly, motion was made, duly seconded and unanimously approved to recommend to City Council thot~this development proposal by Fralin and Wnldron, if consummated, would have a deleterious lupact on the City of gonnohe, and that no rezonfng or Zoning Ordinance ~ext changes be made to effectuate this proposal. Sincerely, S/ John B. Pnrrott by L. M. John H. Parrott Chairman' Mr. W. Heymood Fralin, Attorney, appeared before Council in support of the request of his client. After a discussion of the proposal, Mr. Thomas moved that Council concur in the recommendatkn of the City Planning Commission that the request be denied. The motion mas seconded by Mr. Lisk and unanimously adopted. RE~ORTS OF CORMITTEES: · SALE OF'PROPERTY: Council having taken under consideration a communicatim ;rom Mr. Mack ~heron. renewing his offer to purchase city-owned property located on the south side of Orange Avenue, N. E., west of Osborne S'treet, being all of the southerly residue of Lot 24, Block 20. Jackson Park Addition, Official Tax No. 3330111, for the sum Of $2,O00.O0, cash, the Real Estate Committee submitted a written report recommending that t~e offer' b~ accepted. Mr. Ltsk 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 Dr. Taylor and unanimously adol~ed~ AUDITORIUM-COLISEUM: Council having referred bids received on window draperies and drapery hardm~re for the Roanoke Civic Center to a commi~eo for tabulation, report and recommendation, the committee submitted the following report advising that only $6,000.00 was originally appropriated on the premise that fixed or stationary drapery panels ~ould be utilined for the glass oran around the lobby sides of the Civic Center Auditorium, that it was later decided that draw drapes provide a more functional and decorative appearance, that the low bid submitted was $17,125.00, that the committee can see no way of reducing the costs; and recommendtnD from an aesthetic standpoint that C0uacil continue to give considerat~ to use of full draw draperies; however, in the interest of economy the committee concurs in revisions to ~tho specifications that the dr~perie~ be rebfd u~d an alternate bid be requested for utilining stationary panels in lieu of draw drapes: "Roanoke, Virginia - November 23, 1970 Honorable Mayor and City Council Roanoke, Virginia ~entlemen: On Monday, November 9, 19TO, City Council received and opened bids for furnishing and installing window draperies and drapery hard- ware at the Roanoke Civic Center, Three bids were received with the - bid gl Virginia School EquipmentCompnny, Incorporated, in the amount of $17,125 being low. Only SO,O00 has been set aside for the purchase of these draperies. that fined or stationary~.dropery portals wonld be;utiliZed for the glass area arbbnd thb lObby~ides-or the Ci~lc~Cehtb'r ~UdltOrinU,,,it'uoS later decided thor a for more functional:end decOrative oppeoronce . would'be obtain, ed th~o~gb'~s~'or~8raw dr~pes.~ ThiS/or cOurse/not only increased the amount o£ drapery waterial by more then twofold, but It als6 increased the cost* or:draperY hardware and the erection or the drapes. It ismtlwoted thor 1500 linear yards of 45-inch moterJol would be used sh~id City Cone¢ll approve the lnstallotiOn of draw Your committee, in reviewing thetobulotion and the bids. con determine no may to reduce these cost~. Should me continue to use dram drapes. By returning to the initial plan of fixed or stationary drapery ponels, the cost could conceivably be reduced to o figure In the neighborhood of the funds Initially appropriated for this item. of full draw draperies; however in the interest of economy~ they would bid would be requested for utilizing stationary panels in lieu of draw Respectfully submitted, S/ Bymn E. Honer Byron E. Honer S/ Homard E. Radford S/ John A. Kelley John A. Kelley S/ John N. Chappelear~ Jr. John N. Chappelear,'Jr~ S/ Evelyn S. Turner 'Evely~ S. Turner" The motion was seconded by Mr. Garland and unanimously adopte~. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION .AND .CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AUDIYORIBMTCOLIS~U~: Copncil having directed the City Attorney to prepare ~he proper measureamending Title VIII, Public Buildings,and Property, of The Code )f t~ City of Roanoke, 1956, as amended, by the addition 6f a new section of Chspter :eading: (m19414) AN OROI~ANC£ to amend Title VIII, Public ~ulldings and Property, )f Cl~pter 9, to be numbered Sec. ?, providing rules and regulations for the possession ,241 WBEREAS, the ~ity.Ma~age.r kO~.nad~ ~rtain .recommendations to the Council respecting ~he need £or the~ ~rovl~olo's of.~.ert.al~ rnles aa~ r~gnlotioua governing the possession nad consumption of alc'obolle beverage's at the Roa~ke Civic Center, la nhich.recoumendotions the Council concu~s. TBEiEFORE, BE IT'ORDAIHEO by the Council of tMCity'of Roanohe that Ch~pte~ g, Civic Center Oepartuent, of Title VIII, Public Euildings and Property, of the Code of the City of Roanohe, 195~, as amended, be,' and said chapter is hereby amended by Sec. 7. Alcoholic beverages, (a) NO beer, mlne~ spirits'~r other alcoholic beverage shall Center, or the grounds apport~n~nt'th~re*e, except in accordance mith Title 4, Alcoholic Eeverages and Industrial Alcohol, of'the Code of Virginia, as said title.may have been or may be fFom time alcoholic beverage be included in the executed Permit Agreement. (h) The City ~soager may limit the possessim and consumption of beer, mine, spirits and other alcoholic beverages upon or in the Roanoke Civic Center and grounds adjacent thereto, to the methods permitted by subparagraph (J) of'Sec. 4~89 of the 1950 Code of Virginia, as amended by requiring the lssuu*nce of a banquet license fFOm the Virginia Alcoholic Beverage Control Board'therefor; and the City Manager may reserve in any Permit Agreement right to obtain such banquet license in the name of the City of Remake, in mhich case the cost thereof shall be added to the tenant's rent. (c) The C~i Manager may req~e that the sale and/or dispensing any beer'and'mine and the dispensing of spirits or other alcoholic beverage and pllmatters incidental ~ereto, including, but not limited to provi- sion nod distribution of ice, non-alcoholic beverages, and glasses, be accomplished by personnel employed by the City for the purpose and with City-owned equipment, and, when so required, the cost of the same shall he added to the tenant's rent. The motion mas seconded by Mr. Trout and adopted by the follomi*ng vote: AYES: Messrgo Garland, Lisk, Thomas, Trout, Mheeler and Mayor Webber---6~ NAYS: None O. Dr. Taylor not voting) POLICE DEPARTMENt-JUVENILE AND DOMESTIC RELATIONS COURT :, Council having ~irected the City Attorney to prepare the proper measure authorizing the acceptance behalf of the Q~y of Roanoke of the offer of a certain federal grant under the 9mnibus Crime Control and Safe Streets Act of 19680 he presented same; mhereupon~ ar. Trout offered the follomin9 eme~gen~y Ord~nahce: (u19415) AN ORDINANCE ~thorizing the acceptance on bel~lf of the City of Roanoke of the offer of a Certai~ Fe~era'l'grant under ~' Omnibus Crime ~ontrol and Safe Streets Act of 1968; and providing for an emergency. : (For fmll text of Ordinance; see Ordinance Book No. 3~,* page 31.) Mr. Trout moved the adoption of the'Ordinance. 'The motion was seconded by Mr. ~heeler and adopted by the following vote: AYES: MeSsrs. Garland, Lisk;Tuylor~ Thomas, Trout, ~heeler and Rayor ~ebber T II ,! ! NAYS: None* .0. MOTIONS AND MISCELLANEOUS EUSINESS: HOUSING-SLUM CLEARANCE-GARBAGE REMovaL: Mr. Trout read the following prepared statement suggesting that the City Of Roanoke sell the incinerator property and nilus it to return to the tax roll of the city and be available for development by the private sector or business community, r~commendiug that the proposed transfer station be located on property now owned by the city mhJch is presently used~stbegara9· facility and further recommending that the matter be referred to a committee composed of Mr. David K. Link and Mr. Julian F. Hlrst for review as soon as possible: 'November 19, 1970 May~r Webber and Members of Conncil~ Several weeks ago there was a discussion of locating our pro- posed refuse transfer station on property now owned by the City (the former incinerator site). I feel, after careful observation of the area. that this section of the City hms too much growth potential to locate a facility that would require all-day-long movements of garbage trucks in and out of the area. I frankly feel that the transfer station would not be compatible math the potential development that could tahe place in the area ann would, therefore, reduce the land values and would also lessen the potential development Of the area. My suggestion would be to sell the property and allow it to return to the tax roll and beavailable for development by the private sector or business commum~y. It would be my recommendation iht the proposed transfer station be located On property now owned by the City and used as our garage facility. This is based on thefol~owlng reasons: 1. A decision to use the garage property for a transfer station would ~equire us-to set a timetable and accelerate the development of our service center. 2. Conveyance of the lad in the Kimball area would return the property hack to the tax rolls and make it available for development along with the other properties in the area. 3. The money received from the property could be returned to the general fudd and thereby be used to make other improvements in t~ City. 4. Ey p~cking a completely.new site:for the proposed transfer station would allow the designer to do a complete design Job and not be piecemeal development. This'iS important because over the years 'we have had great dissatisfaction from piecemeal designs;~nomely. the incinerator. A design job from the gro and up would not place any of the bu~s in the design or any of the umsatisfactory operation back on the design On CttyHall~asfconldfvery:well~hop~en ~lth a~design'having-to be~.adopted':to the/present~ihcinbrator ; . · On the aerial photo map which I have had prepared, it is quite obvious that taw road~ in the area now existing and inane to be cons'truct- ed would make the garage property site ideal for the transfer station. The property is already in an Industrial zoning that is compatible for such a facility and is located with accessibility ~ a rail siding if needed in the years ahead. I ~onld recommend that the City Manager immediately review this request and report to*us in the very near future so we can reach a decision as to ttie possibility of the City disposing of the incinerator property. S/ James O. Trout Mr. Lisk moved that the matter be referred to the Landfill Committee for review end report back to Council as Soon as possible. The motion mas secmded by Mr. Trout and unanimously adopted. Mr. Trout then moved that the question of revhsing the matter with regard to the development of n tiueteble for the proposed service center bp referred to the City Manager for study end ~eport to Council. The notion was seconded by Mr. Jheeler end unanimously adopted. BUDGET-PARKS AND PLAYGROUNDS-RECREATI~N DEPARTMENT: Ir. Trout read the following prepared statement in connection with relocating lights in tluRoaaohe Transportation Museum to the recreational facility nt the Preston Park Elementary Schoolh the Villiamson Road area: 'Hovember 19, 1970 Mayor Webber and Members of Council: Over the past tam months, most of the members of Council have received correspondence from various organizations on Nilliamson Road asking for improvements to the . recreational facility at Preston Path School, As I u~erstand it at ~e ~resent time the lllliamson Road Sandlot boys are practicing on property not being used by the Schcd Administration and would like to have tM s property upgraded and lights installed in order to have a greater use of the property. Having thought about this for some time, I think it would be possible to remove the extra lights located at the Transportation Museum and place the same in the Milliamsou Road area at P~ston Park playing £1eld. lith an enormous and well operated Sandlot Football program on Nilliamson Road, I think it would be Justifiable to appropriate the money required to relocate the lights. I feel this would be around $2°000 expense involved and would put back in service lights that are mot being used. Therefore, I mould recommend that the City Manager check into the matter and advise Council as to the cost inyolyed. S/ Ja~es O. Trout James O. Trout" Mr. Trout then moved t~at the matter be referred to the City Manager to advise Council as to the costs involved in relocating the lights. Th~ motion was seconded by Mr. Thomas and unanimously adopted. Ther~ being no further business, Ha~or Webber APPROVEO ATTEST: O~ty Clerk ........ Mayor declared the meeting adjourned tl COUNCIL, REGULAR ME.lNG, RouduyeNovember 30, 1970. The Couocil of the City o~ Roanoke met ~o regular meeting in the Couocil Chamber lu the Municipal Building Anuem~ Monday, November 30, 1970, ut 2 p.m., the regular meeting bour, with Mayor Mebber presldlug~ PRES£NT: Councilmen Robert A. Garland, David E. Lish, Noel G. Taylor, Hampton N. Thomas, Vlu~eat So ~heeler and #ayor RoT L. Webber ............... 6. A~SENT: Coun~llmon James '0. Trout ............ ~ ................... 1. OFFICERS PRESENT: Rt. Julian F. Hirst, ~ity Naaager, Rr. Byron E. Naner! Assistant 'City Manager, Hr. Janes N, Klnc~non, City Attorney, and Mr, A, N. Gibson, Assistant City Auditor. XNVOCATION: ~he mae*icg mas opened with a prayer by Father John Ridgall, Oar Lad~ o~ ~an~re~h ~atAolfc Church. MINUTES: Copy of the min'*es of the 'special meeting held on Thursday, November 1~, 1970, and the regular meeting held on Monday, November 23, 1~70, having been furnished each member of Council, on motion of Mr, Llsk, seconded by Mr. Garlan and unanimously ad, ted, the reading thereof was dispensed mith and the minutes approved us recorded. HEARXNG OF CITIZENS UPO~ PUBLIC MATTERS: ZONING: Mr. Jack B. CoUlter, Attorne~, representing MrS. Helen Meals D~nlapt~Rlchard F. Dunl~p, and the e~t~s of AliceMeals Eggleston, deceased, and Irene Meals PettyJohn, deceased, appeared ~e~re CounCil and requested the Issuance of a certificate of occupancy for a nonconforming use ~or property locate~ at 420 Bramble Lane, S. ~., described as Lots 53 - 55, inclusive, Block B, Map of Edgehill Corporation, ~f~cial Tax ~o. 1100553, ~dvislng that ;he home was constructed in accordance ~ith the*zonin9 regulations ~n effect ~Sr R~ano~e County, that the area ~as annexed to the City of Roanoke, in 19~5 and that under the grandfather clause tt continued use of the property should be respected inasmuch as the ho;se, ~hen con- structed, ~as built In accordance ~fth zoufn9 regulations t~en fn e~e~t. Xn this connection, M~. Coulter presented copy of a co~municatlon from Mr. ~au] B. Matthe~s~'Zonlng A~mlnfstra~r~for the Board of Supervisors of Roanoke County, advising that whe~ improvements ~ere made on this property In 195~ the pro- perty was situate In Rom oke County, that he has investigated ~e zoning requirement in Roanoke County at that time and that tt Is his opinion that the improvements did comply with the zoning requirements at the ~ime the house ~as built.* Mr. ~heeler mo;ed that the matter be referred to the City Attorney for pre- paration of the proper measure 9ranting the request for a ~ertlficateo~ occ=pancy for nonconforming use. ~he motJon ~as seconded b~ Mr~ Thomas ~nd unanf=ou~ly adopted. 245 G{T¥ TREAS~RKR-STATE COMPENSATIO~ BOARD: Mr. J. H, Johnson, City Treasure appeared before ~ouneil and advised that ~our new remittance control cash registers have been delivered to his office, that the tax service cobnter will have to be re- wired for proper installation of these cash registers, that a local firm has estimat it will cost approximately ~1,~00.00 to accomplish said moth and requesting that he ~ be permitted to suggest a satisfactory but much cheaper installation and aiso re- questing that other installations be provided for his office. ' After a discussion of the request, Mr. Thomas moved that the matter be referred to the City Manager to confer with Mr. Johnson on the amount of work and th( ~osts i~volved and report hack to ~ouncJl/ The mot~ ....s seconded by Mr. Wheel .... ~nanimonsly adopted. PETITIONS AND COMMUNICATIONS: TRAFFIC-pOLICE DEPARTMENT: A communication from Mr. Wo VD Perdue, Associa- tion of Retired Persons, and Mr. C. C. Crockett, Association of Retired Railroad EmplOyees, requesting Council to take mba,ever action is necessary to have the Polic, Department take photographs of all motor vehicle accidents and of the close area that may have caused the accidents in an effort to avoid many lam suits and settle~e~ Mr. Thomas mored that the communication be referred to the City Manager for consideration. The motion was seconded by Dr. Taylor and unanimously adopted. HOUSINg-SLUM CLEARANCE: 'A ...... IJation frJm Mrs. ~rancis Barber, Chair- .... e~rt Park Tj.a.t c .... ,.aod Mr. H. La.. Chai ..... ~ ....... J ctti.e. Jf Southwest, representing the tenants of the Hurt Park Housing ~roject, requesting thal they be given an opportunity tu appear before Council to discuss the management of the Hurt Park Ho~sing Project, was b~f~e Council. '' ' ' In this connection, the City Manage~ advised'that Mrs. Francj~ Barber telephoned him ~od advised that he had not written the communication and knew no,btu about it and requested that her name be wlthdram~ from the records accordingly. M~o Garland moved that the communication be received and filed, The motio mas seconded by Mr. Wheeler and unanimously adopted. TRAFFIC: A communication from Mr. Frank'N. ~ohnson, t/a E-Z Parking, re- questing the removal of four parking meters by December ~0 lg?~, in the ~00 bloc~ of Church Avenue, S. ED, in order to install an entrance and exit into a parkln~ area leased by him from the City of Roanoke Redevelopment and Housing Authority, w~s before Council, Dr. T~ylor moved that the matter be referred to the City Manager to be handled administratively. The motion was seconded by Mr. Lisk and unanimously adopted. AIRPORT:' Mr, Richard F. Pence, Attorney, representing ITT Consumer Service Corporatfon,,sppeared before Conncil .and.requested an in**ease in parking rates at Roanoke Municipal (Woodruw) Airport, advising that the proposed hem rates will mean an increase of only lOt to the majority of users of the parking lot, that the matter of illegal ~arking~st the airport has been · matter of considerable concern and has resulted in a sizeable lots of revenue both to ITT and to the City of Roanoke, that after considerable correspondence and numerous conferences between the .City Manager, the Airport Manager and representatives of ITT, certain stop-gap measures have been adopted, bat the problem perm is*st mainly in the unauthorized use~ the employees* parking lot .by persona not entitled to use it, and offering, at the expense of ITT, to install an ,automatic gate at the employees* parking lot which would be activated by plastic punched cards issued to authorized users of the lot, at an estimated cost of $4,000.00. After a discussion of the request, Mr. Lisk moved that the matter be re(erred to the Airport Advisory Commission for study, report and recommendation to Couqcilo The ~otion was seconded by Mr. Thomas and unanimously adopted. MUNICIPAL COUHT: Mr. Robert G. Jones appeared before Council and adtised that he was tried in his absence in Municipal Court and fined ~200.00 pin% court cost and requesting the return of said ~200.00 plus court costs. Mr. Thomas moved that the matter be referred to the City Attorney to ascertain whether or eot Council bas any Jurisdiction in this m tter. The motion was seconded by Dr. Taylor and unanimously adopted. SEWERS A~D STORM DRAINS: A communication from Mr. O. J. Watkfns, Secretar of the Hoard of Directors of PRIDE, transmuting background material and a Resolutio adopted by PRIDE at its mqeting on November 19, 1970, recommending that the Council of the City of Roanok~ actively pursue the implementation of a city semage Ordinance to restrict concentration of chemicals and organic mat*dais allowed into sewerst was before Council. Mr. Li:k mqved that the matter be referred to a committee composed of Messrs. Hampton W.' Thomas, Chairman, Vincent S. Wheele~ and Julian F. Hits* for stud and report to Council. The motion was seconded by Dr. Taylor and unanimously adopted. AIR POLLU~IO~ CONTROLi A*communicat~on from Mr. William ~. Meyer, Executi Secretary, State Air Pollution Control Hoard, advising that a public hearing will be held on Decm ber de 1970, at 2 p.m., 'in House Committee Room 4 of the State Capitol Hullding, on-three requ~t~ from land developers for variances to State Rule 4, Open Our*lng, that action taken at t~ts me.tin9 will serve as a precedent for possible future requests for burning in this area and requesting an ~fffcial state.eat of policy concernln'g this type of burning, was before Council. Mr. ThOmaS moved that the communication he received and filed. ?he m~ ion was seconded by Mr. Lisk and unanimously adopted. FIRE DEPARTMENT: A Resolution from the ~oonoke Historical $ocietF going on record as opposing the demolition of the NO. I firehouse, advising that the razing of this building would be an act of anti-progress and contrary to the best Interests of tho Roanoke Valley inasmuch as the building is extremely Important aa a historical Item,amd is architecturally unique and should be preserved, was before Council. Hr. Thomas moved that the Resolution be taken under advisement. The no- tion was seconded by Mr. Garland and ,unanimously adopted. REPORTS OF OFFXCERS: RATER DEPARTMENT: The City .Manager advised that Mr. Thomas R. Dane, Manager of the Rater Depnrtmedt, wlllbe retiring on December 3, 1970, that Mr. Dunn has been Maaage~ of the Rater Department since 1967 and that be has been em- ployed by the City of Roanoke since 1926. On behalf of himself and the members of Council, Mayor Rebber expressed appreciation to Mr. Dunn for the services rendered by him to the City of Roanoke. PLANNING: Council having directed the City Manager and Mr. Russell R. Henley, Executive Director of the City of Roanoke Redevelopment and Housing Authority, to meet with the members of the Citizens* Advisory Committee In order to present them with a status report on the Gaiesboro Project, the City Manager submitted the following report advising that at this point he cannot constructively advise the Citizens' Advisory Committee of any firm program, that they will be ade- quately brought in as will other Citizens in the area as soon as the city is in a position ,to make a proposal and pointing out that .there is no specific plan or plans or specific timetable on the project: ~Roanoke, Virginia November 30, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The City Council on October 19 directed that?Mr. Henley,, EXecutive Director, Redevelopment and Rousing Authority, and ! meet with the Citizens* Advisory Committee to present .the committee mith a status report on the plans within the Galesboro area. This referrat resulted from a letter the Council received from Mr. George H. Harris, Jr., Vice Chairman of the Citizens* Advisory Committee, in which Mr. Harris requested that the Council release the plans and specific timetable which the City · has lot the Calasboro area. : The background on this general matter goes back over a period of time as the City Council is amore. Re devoted a great deal Of time, study and expense ia the interest of what was then known as the Federal Neighborhood Development Program. Participation in this included many citizens in the area. This program did not mat~rlalize because the Federal government, after much encouragement to not only Roanoke but other cities, withdrew its interest and , participation. All of this was suemarlzed in a lengthy report that X prepared for the City Council under date of February 24, 1970, and copies of w~ch were distributed to a number of people. In that report it was noted that we then hod several alter- natives including two possible approaches with Federal programs. ,249 ~ Since then w~ have continued in our.pursuit-of sene przctioal and beneficial approach whereby it wight be/possible to develop a program of accomplishment within this general area of the CitYt recognizing that which might have successful possibilities ~here, hopefully would provide a pattern or. use and program mlttin o~her portions of ~he City, . . '~roegh the%months tha~ have passed there have been.many discussions involving Citypersonael,' represeatativs of the Redevelopment and ~ouslng Authorityt the consultants ~nd representatives or the H,'S, Department or Housing end Drbaa Development~- There have been a number or guidelines that me reit would o~ply to this area and to the protection or Its citizens and.to the extent and nature of GJty involvement. At this mritlng I reel that there is a route by mhlch me all might prnoeed. Others mbo hare been involved feel llkemise. This does though, necessi~at~ forming some additional data before discossJ~ It in detail and mJtb certainty. I think that me are talking about a. ma~ter of a rem Meeks in contrast to the months that have gone by, ~fth this In mind I do not believe that me c~uld coeetro~- tlvely advise the Citizens* Advisory Committee of any firm program at this immediate stage. They mill certainly be brought in on derelopments as mill citizens in the area as soon os me think me ore adequately in a position to ma~e a proposal. Thus in specific reply to the Citizens~ Advisory Committee*s letter to Council of October 14, there is not at this time any specific plan or plans or specific tlmetoble. I do not feeit as the Advisory Co~lttee questionede that residents in the Calnsboro area should dete~ individual plans on maintaining their properties because or thls,~lt~ation. Our object all along has been to stabilize and farther ~evelop this area. A ~opy' or this ia being sent t~ the Citizens* Advisory Committee for thel~ Information and we would of coarse be gla~ to meet with then, as alwayst any time bat believe that we would be better informed later in accordance with the above comments. .Respect~ally ~ub~ltted~ S/ Juliao F. Hirst Julian Fo Hirst City Manager~ Dr~ Taylor advised that the plan or plans for the Galosh,r, Project is a m~tt~r ~f grave ~mpo~tance' to many p~cple in th~ area and' requested t~at' th~ City Manage~ proceed as' expeditiously as possible to' formulate' said plans. Dr, Taylor then ~oYed that the report be received and filed. The was seconded ~y Mr. Lls~ and ananimo,s]y adopted. 'STATE HIGH~/~¥S: Yhe City Attorney submitted the following r~port trans- mittlo~ a wrl~en agreement propcse~ to be entered into between tAe City of No~noke, the Commonmealth or ¥irginia ~nd the Nor£olk and ~estern Railway Company relating to reconstruction of the railroad underpass on Orange Avenue, N. £., in confection with the current Route i~O Project: "November 30. 1970 TheHonorable ~ayor ~nd Members or Roanoke City Cou?cil Roanoke, Virginia Gentlemen: As is usual In such cases, it Is necessary ~hat the Cit~% t%e ; Commonwealth and the Norfolk and Hestero Rallmay Company enter into written agreement concerning th~ work to be done in connec[ tion with the recpflstruction of subject underpass, as a part of the current Route 450 (Orange Avenue) project. Such agreement also sets oat the responsibility of the parties with respect to maintenance or the underpass and of the highway and its appur- tenances foll6wlng completion of all such construction. There is transmitted heremith to thb'Coua~ll an'ordiaauoe'wbieh would authorize the City Manager to'executes onbehslf or the · City, on. appropriate agreement between the three ab,renamed · parties, pursuant to which the City would commit itself to the proper maintenance of the highway and drainage facilities under the aforesaid new underpass and the railway'company, owning the new underpass, would, amongst'other things, commit itself to maintain the underpass structure, The agreement referred to in the proposed ordinance has been approved by the undersigned and a copy thereof is on file with the City Clerk. It Is recommended that the ordinance be favorably' acted upon by the Council, Respectfully, S! J. N. Eincanon Jo N, Klncanon" Mr. Link moved that Council concur in the report of the City Attorney and offered the following Resolution: (u19416) A RESOLUTIO~ authorizing the execution on behalf of the City of an agreement between the Cityt the Commonwealth of Virginia and the Norfolk and Western Railway Company relating to the construction of the Route 460 ProJect O460-128-102, C-S02, O-601-Federal Project UG-128-1 (11), involving a Norfolk and Western Railway Company underpass on Orange Avenue, N. E.e and related Improvements (For full text. of Resolution, see Resolution Book No. 350 page Mr. Link moved'the adoption of the Resolution. Th, no, ion was seconded by Mr. Garland and adopted by the following vote: AYES: Ressrs~ Garland, Lisk, Taylor, Thomas,.Wheeler and Wayor Webber .... NAYS: None (Rr. Trout absent) STREETS A~D ALLEYS: Council having referred a request of Rrs. Bonnie J. Malcolm, W. E. ~ Nassye K. Spurlock, Wallace R. ~ Opal W. Sink, Rt. and Mrs. D, B, Waddle, Mrs. Benton Waddle, Jr.t WFS. Anna Lee Stone and Thomas N, and Eva Aheron, that a portion of aten foot alley running between 20th Street and Osborne Street, .N. ~** along the rear property lines of Lots I - 2T, Rlock 20, Map of Jackson Park, Official Tax Nos.. 3330101 - 3330127, be vacated, discontinued and closed, to the City Planning Commission for study, report and recommendation, the C~ty Planning Commission submitted a written report recomme.nding that the request be granted. Dr. Taylor moved that a public hearing on the question of vacating, dis- continuing and closing the alley be held at 2 pom., Monday, January 4, 1971. The motion was seconded by' Mr. Wheeler and unanimously adopted. STREETS AND ALLEYS: Council having referre~ a request of the Roanoke New~ Agency, Incorporated, that a triangular portion of an alley or roadway known as gth Street, S; E., be vacatqd, discontinued and closed to the City Planning Commiss] for study, report and recommendation, the City Planning Commission submitted a written report recommending that the request be granted. Mi, Mheeler moved-tho* a public hearing on'the'question of v~catlmg, dis- continuing and closing the alley or roadway be held at 2 pem., ~oodny, January 4t The mo*Jun was seconded by Hr, Thomas and unanimously adopted. ' STREETS A~D ALLEYS: Council having referred a reques[ of Johnson-Carper Furniture Company& Zncorporated,'that the remaining portion of Dale*on Street, N, E. be vacated, discontinued and closed to the'City Planning Conmisaion forstudys report and recommendationt the City Planning Commisaion'submitted~a written report re~om- mending that the request be granted. · #r. Llsk moved that a public hearing in the question of vacating, dis- continuing and closing the street be held at 2 p,m., Monday, January 4t 1971, The motion was seconded by Dr~ Taylor and unanlmously'~adopted. REPORTS OF COMMITTEES:' NONE. UNFINISHED BUSINESS:' NONE. · KONSIDERATION OF CLAIMS: NDNE. INTRODUCTXD~ AND,UONSXHERATIDN OF ORDINANCES AND RESOLUTIONS: AUDITORIBH-UOLISEUM: Ordinance No. 19414, amending Title ¥lIl, Public Huildlnga and Property; of The Code of the City of Roanoke, 19S6, as amended, by th( addition of a new section o£ Chapter 9s to be numbered Sec. ?, providing rules and regulations for the possession and consumption of alcoholic beverages ot the Roanoke CIvic Center, having previously been before Council for its first reading, read and laid over, was aguinbefore the bodyt Mr. Lisk offering the following for Its second reading and final adoption:' (m19414) AN ORDINANU£ to amend Title YXIIt Public Buildings and Property, ~f the Code of'the City of Roanoke,' 1956s aa amended, by the addition of a new section of Uhapter 9t to be'numbered Bec. 7t providing rules and regulatfon~ for the possession and consumption of alcoholic beverages ut the Roanoke Civic Center. {For full te~t of Ordinances ~ee Ordioance Book No. 35, page 32.) ,- Mr, Lisk moved t~e adoption of the Ordlnm ce. The motion wasseconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Llskt Thomass ~heeler and M~yor Webber ......... NAYS: None .................................................. .:- ..... O. (D~, Taylor not voting) '(Hr. Trout absent) SALE OF PROPERT¥~ Council having directed the City Attorney to prepire the proper measure authorizing au'd providing for the sale and conveyance by the City of Roanoke Of all of the southerly residue of Lot 24, Block 20, according to the Mar 'df Jackson Pur~ Ad~itidn** being the residue of Official Tax No. 333~111 'on tho Cityts Tax Appraisal Mops upon certain terms and-conditions, he presented same'; whereupon, Dr. Taylor moved that the following Ordinance be placed upon its' first reading: .... (u19417) AN ORDINANCE authorluing and Providing for the Clt~,a sale and i co~veyance of nil or ~e.~outherly residue of Lot 24t Block'20t according to the Mar of Jackson Park Addition tO the City of Roanoke, heln~ the residue of Official No. 3330111.on the Cityts Tax'Appraisal Map, upon certain terms and conditions. RNEREAS, Mack Aheroo hos offered in mritl~g*to the CJty~ through the City Reneger, under date of November 100 1969, t? purchase and acquire from the City the City*s residue of Lot 24* Rlock 20, according to the Map of Jack~en Park Addition to the City of Roan*he, for the sum of $2,000.0~e cash, said property being dcsfgnnt~ as Official No. 3330111 on the Cityes Tax Appraisal Map, the lot non c~nsisting of the residue of the erig~nal lot,~e~aining outside and abutting the present limits of the right-of-way of Orang~ Avenue, N. E** U. $. Route 460t and on the southerly side thereof and fronting approximately 40 feet t~ereon,.said street and highway having been last midened under Project 04~0-129~1020 ~R-2Olt.ond In accordance with the pla therefor on file in the Office of the City.Engineer; and ~HEREAS, the City I~l~lng acquired said property, together with a norther ly strip of said former lot which has now been utilized for the aforesaid highway pr*J* and lies within the present right-of-way of Orange Avenue, N~ E** by grant from the Commonmealth of Virginia.by the Governor of ~irginia under date of March 20, 1~0, has no public use for the aforesaid residue, and the Council's Real Estate Committee has recommended to the Council that the sale of said residue to Mack A~eron be approved and ordered on the terms herein p~ovl~ed, In which recommendatloq the CouncJ TDEREFORE, HE XT ORDAINED by the Council of the City of Roanoke that the written offer of Mack Ah*Fen t~ purchase and acquire from the City ell of the Cityts right, title and interest in and to the residue of Lot 24o fllo~k 20b as show~ off the Map of Jackson Park Addition to the City of Roanoke and being official ~o. 3330111 o~ the City*s Tax Appraisal Mapo less, however, such portions of the original lot as has heretofore been incorporated .into the existing right-of-way of Orange ~venueo N. E.t U. $. Route 460, in consideration of the sum of $2,000.00, cash, to be paid t~ the City upbn delivery of the Cityts dee~ Of con%eyanc~, bet an~ said offer is hereby ACCEPTED. BE IT FURTHER ORDAINED that, upon payment to the City of the sum of $~0000, cash, as aforesaid, the Mayor bet and he is hereby author, i~edo empowered and directe~ to execut.e0 for a~ on, behalf of the City, the Cityts deed to Mack Ah*romt dre.n upon such form. as is prepared and ~p,pro~ed by the City Attorney, granting and conveying to the Cityts aforesaid purchaser, with Special ~arranty o~ title, all of the Cityts' right, title nod Interest to etd to the southerly residue o,f the aforesaid Lot 24, Block 20, according to the Map of Jackson Park Addition to the City of. Heap*k,, abutt the present southerly line of Orange Arenue, No Eo, and lying outside the right-of-ma of said street; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of conveyance the City's seal, and to attest the same, th signatures of the Mayor and of the City Clerk to be acknowledged by each of them as provided by law. 253 The wotlcn nas seconded by Mr. ~heeler nnd. adopted by the roi!cuing voteg AYES: Messrs~ Garland, Lisk, Taylor, Thomas, Wheeler and'Wayor Webber---~ NAYS: None- (Mr. Trout absent) AUOITORIUH-COLISEo#: Council having directed the City Attorney to prepar the proper measure rejecting all bids received for furnishing and installing mindow draperies and drapery hardware in the Roanoke Civic Center, and directing that the matter be readvertised for bids, he presented same; whereupon, Mr. Thomas offered the following Re~olution: . (u1~418) A RESOLUTION rejecting all bids received for furnishing and installing window draperies and drapery hardware in the Roanoke Civi~ Center~ and directing t~at the matter be readvertised for bids. (For full text of Resolition, see Resolution Book No. 35, page 34,) Mr. Thomas moved the adoptio~ of the Resolution. The motion mas seconded by Mr. Wheeler and adopted by t~e following vote: AYES: M~ssrs. Garlandt Llsk, Taylor, Thomas, Wheele~ and Mayor Rebber---f NAYS: (Mr. TroUt absent) COUNCIL-MUNICIPAL UUILOING: Council having directed the City Attorney to prepare the proper measure reJ~cting all bids received for furnishing and in- stalling in the City Council Chambers n complete microp~pne and multiple electronic distribution systeh, and directing that the m~tter be ready,filmed for bids, he presented same; whereupon~ Mr. Thomas moved the adoption ~f the Resolution, The motion was seconded by Mr, Rheeler and los~ by. the followtn~ vote: AYES: Messrs. Thomas, ~eeler and Mayor'Webber .................. NAYS: M~ssrs,--Garlandb Lisk and Taylor .......... ~ ................ 3. (Mr. Trout absent) ~OYXONS .~D MISCELLANEOUS BUSINESS: POLICE DEPARTMENT: Mr. Lisk called {o the' attention of Council a recent incident which occurred ou the night of November 2~ 1970, in which members of the Police Department controlled a potentially dangerous situation on Orange Avenue and moved that the mattbr be referred to th~ C{ty Attorney for preparation of the proper measure commending members of the Police Department for'their good Judgment and restraint in bringingto a halt what might, have been. a more serious incident. The motion was seconded by Mr. Garland and unanimously adopted. BUOGET-CITY CHARTER: Mr. Thomas expressed the opinion'that Conncil shoul~ review Sections 33 and 34 of the City Charter pertaining to the preparation of the annual budget for possible revisions by Special Session of the General Assembly in Jannary, lg?l, and moved that the matter be refen'ed to Council acting as a Committee of the Whole for review. The motion ~as seconded by Mr. Lisk and unanimously adopted, CITY COVERNMI~tT: Mr, Thomas presented the follomlng statement proposing that a revlem and study be made Of Improved admJalstrntive procedures for the City of Boanohe: 'TO: Mayor and Clt7 Council ~ovember 30, 1970 FROH: Coun~ilmsn Hsmptni ~. Thomas ; ' SUBJECT: Proposal rot u Review and Study of Improved Administrative Procedures for the City of Roanoke I feel that the time has come to formally request as over-all review of the administrative procedures preset ly in effect for the City of Roanoke. I wish to stress that this is not in criticism Of our City Ranager, nor of our City personnel. : In' raet~ quite the Opposite is true as I feel that they aro quite dedicated and do an outstanding Job under at times e~ry trying circumstances. How- ever, time marches on and as local government becomes larger we must ~mploy the most current management techniques available' if we are to meet'the myer Increasing cost of operating our City, Much has been said and written recently about the need for · additional tax revenue In order to provide adequate and necessary municipal services to our citizens. I feel that the requested study is a neceusary prerequisite **accurately determining the anticipated needs for future tax revenues. It is also desirable to assure our citizens that they are getting the best in efficiency, economy and service for their tax dollars. ! am in full agreement that more tax revenue Is needed; hmev~r, the total amount needed Is so great that I feel me must explore other methods in addition to that of a tax increase. One only has to reflect upon last yearts budget to be reminded that many necessary items were left out because of the lack of adequate tax revenues being available to Council at the time the budget was adopted, Of course, later Council mas advised that a ~2.3 million surplus was available of which approximately $1.2 million mas appropriated this year to our capital improvement program. X can think of no better, or more pressing need, for a small portion of this ac*plus than for the requested study. If Council is to be expected to cope with · the matter of providing sufficient revenues*when it considers the budget for the coming year, it is essential that we be provided with current data, both as t6 administrative needs arid available revenues. ~ow is the time to lay the foundation to acquire this background information. I would hope that-the study could be completed prior to consideration of the budget for next year. I am convinced it can, if we start now, Perhaps the study can be conducted in appropriate phases so as not to hamper budpet considerations. Council is to be commended for the steps already taken to meet this problem, ~uch as: (1) The Mayor*s recent appointment'of Council as a Committee of the Nh*la to reviem the Rogers Tax Committee Report; (2) Yhe Councllts decision to participate in Urban 12 which can result in more revenue being arallable for local needs; and (3) Council*s approval of the salb of our bonds,'along with consideration of future s ales, resulting in less demands upon our General Fund. I would like to stress that this suggestion did got originate with this Councilman. In fact, it has been in the discussion stage for the two years which I have served on Council and presumably long before that. I simply feel'that it is an idea for mhich the time has come. X feel that it can result in increased efficiency in present operations and more productive, utilization of personnel. ~e will effect savings from the investment in our computerization program and will provide the necessary guide lines to economically enlarge upon this program in the future. I would point out that the state is presently undertaking a similar study which has Indicated that several million dollars will be effected for the tax payers. Also, the ~oVember issue at ~ut'ionsCitl~st the League of. Cities maga- zine, is devoted entirely to this subject. I have attached one article for your review. I call particular attention to the comment of the City of Portsmoutht Virginia uhich has Just-completed a similar study: *A five-month management study Just~completed bY a consulting firm recommends streamlining the administration of the city . . . .This is'the first new charter in over 60 years and the first management study ever made In the over IlO-year ~tatory of this city. Both should be done more frequently; perhaps on a 20-year basis.*# Mr. Thomas moved that the matter be referred to Council acting as a Committee of the Mhole for consideration. The motion was seconded by Dr, Taylor and unanimously adopted. BUDGET-ROAnOKE VALLEY REGIONAL HEALTH SERVICES PLANNING COUNCI~ INCOh~ PORATED: Dr. Taylor presented the f,Il,ming communication from the Roanoke Valley Regional Health Services Planning Council, Incorporated, proposing that the City of Roanoke participate lo the funding of the Health Services Planning C,*nell: ~November 25, 1970 Mr. Julian Hirst City Manager Rom ate, ¥irginlo Hear Julian: The Roanoke Valley Regional Health Services'Planning Council began operations in March, 196g and represents an effort of the people Of Roanoke, Salem, Roanoke County, aad'Hotetourt County to provide au effective mechanism for comprehensive health planning. The objective Is adequate provision of health facilities, health services, and health manpomer of sufficient quantity and qv~lty for all people in our area at the most reasonable cost. In relation to this, the Council provides the mechanism for widespread community review and comment on requests for local! state, and fader al funds for health projects to determine if such proJecta are consistent with the overall objective of comprehensive health care. Increasingly, this review and comment procedure is becoming a requirmenet at the community, state, and national level before funds are ~pproved for health projects. One purpose of such review procedures ts to avoid unnecessary duplication of facilities and services, Because health services f~r the most part are provided thm ugh private, or voluntary community enterprises, organizations such as ours ,are msually voluntary with hro~d participation of various agencies and individuals in the planning. The board membership c,nsf b-ts of health service professionals, local govemme~t officials, and other purchasers of care Joined together in a diverse partnership, with all partners having equal voice and a vote in planning to met the health needs of the total population. .. For financial support, Health Planning Councils need a broad base of funds; as broad as the membership of the CouncJl~ For this reasons, a proposed funding plan for the next calendar year has been developed which reflects a need of $24,025 in local funds. This money will be matched by a $24,025-by project grant ia ~ay~the total costs of this planning function next year. The health enterprise in our area generates income fa excess of ~30 million per year and It Is in the public interest for providers, government, and consum ers: to Jointly support an agency for comprehensive health planning as an exercise in community stewardship, The funds that are requested from .the various agencies and indi- viduals in the attached lundin9 plan should be on a continuing basis since the program we undertake for the benefit of the total community generates no direct income to offset ~xpenses. In consideration of this fact, we would appreciate reasonable assurance In writing from you that funds would be continued at approximately the same level each year. Our operations are on a,c~lendar year basis, but if you should went to contribute f~nds in conformity with your own fiscal year, this would crea~e ag problem with os, To ad~quately meet the health oeeds of our citizens in this age of impending health care crisist functional and effective comprehensive health planning is asses,iai especially fo gromiog metropolitan areas such as ours. ~e mould appreciate a favorable response to this request, Sincerely, S/ Jack John J. Butler President" In this connection, Mr. Frank H. Rays, Executive Director of the Roanoke Valley Regional Health Services Planning Council, Incorporated, appeared before the body, and advised that the shoe of the City of Roanoke based on ~opula~ion estimates is ~5,556.00 and ~equested the consideration of Council for approval of this proposal. After a discussion of the request, Dr. Taylor moved that the matter be referred to the City Attorney for preparation of the proper measure pr~vlding for participation by the City of Roanoke in the program and that ~2,7~9.00 be appro- priated in the 1970-71 budget representing one-half of the total share of the City of Roanoke in the amount of ~5,556.00 and that the remaining $2,779.00 be referred to 1971-72 budget study. The motion mas second6d by Mr. Thomas and unanimously adopted. There being no further business, RaZor Webber declared the meeting adjourned. APPROVED' ATTF-~T: COUNCIL, SPECIAL MEETING, Fridayo December 4, 1970. ' The Council of the City of Roanoke met fa special meeting ia.the Council Chamber in the Municipal UulldJng Annex,'Frldey, December 4, 1970, ut 9a,m., with Mayor #ebber presiding. PRESENT: Councilmen Robert. A. Garland, Noel C, Taylor, Hampton M. Thomas, Vincent S. Rheeler and Mayor R~y L. ~ebber .......................... 5. ABSENT: Councilmen ~avid K. Lisk and James O. Trout ...... OFFXC£RS PRE~ENTt Mr. Julian Fo Hirst, City-Manager, Mr. Byron E. Bauer, Assistant City Manager, Mr. James N. Kl~caaon, City Attorney, and Mr. A. N. Gibson, Assistant City Auditor. ,iNVOCATION: .The meeting was opened with a prayer by Mr. Vincent S. Mheele Member of Roanoke City Council. SEMER$ ~qD STORM DRAINS: Mayor ~ebber advised that the special meeting of Council has been called for the purpose of considering a proposal of the terms upon which the City of Roanoke would accept for treatment In the Sewage Treatment Plant of the city certain excess wastes from thc sewage system of the Tomn of Vinton. In this connection, Mr. Thomas presented the following report of the Sewer Committee recommending that the City of Roanoke offer to temporarily accept and trea wastes of the Town of Vim*on in excess of 6000000 gallons per day under the terms of a written agreement to be entered into between the Town of Vlnton and the City of Roanoke to be patterned largely upon the terms and provisions of the two other sewage transmission and treatment contracts with other local political subdivisions and transmitting a form of agreement proposed to be entered into with the'Town Of Vlnton: "November 30, 1970 TheHonorable Mayor and Members of Roanoke City Council: Roanoke, Virginia Gentlemen: On November 9, 1970, the Council referred to the undersigned committee a resolmtion of the Council of the Town of Vintoo adopted October 21, 1970, and addressed to the City Council requesting that the City propose terms upon which the City ~Ilbt be willing to temporarily accept and treat all of the sewage wastes of the Town of Vinton and certain surrounding areas which, in times of peak Glow, are in excess of the treatment capacity of the Town of Vim*ants sewage treatment plantt the designed capacity of which is 600,000 gallons per day. It is understood that such temporary arrangement would be effective for a relatively.short period of time but would, until other or more permanent arrangements are decided upon by the Town, provide the means whereby excess wastes from the untreated, into Roanoke River or Tinker Creek, would be treated in the City*s. larger sewage treatment plant. Feell0g that~tbe abit~¥eat~'or/utreaw.pbllutlon'la the Hoai6ke Valley area Is of ute*st ln~6rtau~e and that the Cltyts'treutnent facilities ore such'tha~.t~a~brary~ relier may be offered the Town in this instance, your committee recommends that the City offer to reap,racily accept and treat mas,es of the Town ia excess of 600~00 gallons per day uaderthe~tecwn of-a~mrJttea agreement mhieb might be entered into between the t~a parties. Patterned 10rgely 0poo-t~e teras~and.provisiqcs-of City,s two other sewage - · transmission and treatment coat,acts With'other. local political subdivislonst your eomuittee has developed tad transmits'herewith to the Council a form of agreement which would be proposed to be · entered fqto with.the TOW~ of,¥fotpn, certain salient provisions of which are the following: '(n) That it be for a term of one ~ear, to he renewed or extended.only upon mutual Consent and agreement.of each of the parties; (b~ T~at the rate o~ eharg~ to be ma~e by'the City to the Tow~ for mas,es delivered into the City's.interceptor line he the same as most currentl~ agreed upon by the City and Roanoke County, namely. $63.60 per million gallons of wastes, to be adJusted an of each July 1st, but which rate does not take into account, as a factor. the cost of the City's capital outlays and certain other costs of its sewage treatment facilities and interceptor lines; (c) That the rate of charge initially set is subject to adjustment nh*aid the City, daring the period of the contract, add to or Increase the degree of treatment in its treatment plant; and (d) That the Town sha~ *mn, control and maintain all sewer systems and mains thrmgh which mantes are delfrered to the City and ~111 effectively control the quality of wastes delivered to the City. It 15 recommended that the Council approv~ th~ previsions of the attached proposed agreement andt by the ordinance transmitted herewith, authorize its execution on behalf of the City, should it be agreeable to and similarly authorized for execution by the Town of Vlnton. Respectfully, S/ Hampton W. Thomas Hampton W. Thomas, Chairman S! Vincent S. Wheeler Vincent S. Wheeler S! Julian F. Hlrst Julian F. Hlrat S! J. N. Klncanon J. N. Kincaoon" Mr. Thomas mo~ed that Council concur in the ~ecomm~ndatlon of the committe and offered the following emergency Ordinance: (wig419) AN ORDINANCE proposing terms and conditions on which the City would accept certain excess wastes of t~e Town of Yin,on for t~eatment in the City*s sewage treatment plant; authorizing the City to enter 'into requjsite'cqntract with the Town of V~nton for such services, should such proposal be agreeable to the Tomn of Vlnton; and, providing for an emergency. (For full text of ~r~tnance, see Ordinance Bock No. 35~ page 35.) ~'~59 ur. Thomas moved the ndopLloo of the Ordinance. The motion mas seconded by JIF, MheeJnr and adopted bi the /~Znirlng vote: A~ES: Messrs. Garland, Taylor, Thomas, Mheeler and JInyor lfehber ......... 5. NAYS: None .................................................. ~ ........... O, (Messrs, Llsk and Tront absent) ~ · 'Mr. Thomas thin moved that attested copies of the Ordinance be forthmlth dellvereo by appropriate city officials to the JIayor of the Town of Vlnton, The motion mas'seconded by Dr~ Taylor and unanimously adopted. There being no further businesso'Mayor t(ebber declared the meeting adjourned. APP RO'Y ED ATT F, ST: ' /~lty Clerk Mayor COUNCIL, REGULAR MEETING, monday, December 7, 1970. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the #unicipnl Building Annex, Monday, December ?, 1970, at 2 p.m., the regular meeting hour. with #nyor Webber Presiding. PRESENT: Councilmen Robert A. Garland, David K, Lisk, James O. Trout, and Mayor Roy L. Webber ................ ltl~SEh~: Councilmen Noel C. Taylor, Hampton M. Thomas and Vincent S. Wheeler ................................ 3. OFFICERS PRCSENT: Mr. Julian F. BUrst, City Manager, Mr. Byron E. Hamer, Assistant City Manager, Mr. James N. Kincaeon. City Attorney, and Mr. A, N. Gibson, Assistant City Auditor. II~OCATION: The meetin9 was opened with a prayer by Vice Mayor James O. Trout. MINUTES: Copy of the minutes Of the regular meeting held on Monday. November 23, 1970, having been furnished each member of Council, on motion of Mr. Lisk, seconded by Mr. Trout and unanimously adopted, the reading thereof wis dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUI~IC MATTERS: AUDITORIUM-COLISEUM: Purshant to notice of advertisement for bids on 1.000 sheets of 5/B* x 4' x H* homn~ote for use in the co*erin9 of the ice surface of the Roanoke Civic Center Coliseum during concerts, stage shows, wrestling, etc. said proposals to be received by the City Clerk until 2 p.m., Monday, December 7, 1970, and to be opened at that hour before Council, Mayor Webber 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 bids; whereupon, the City Clerk opened and read the following bids: A. P. Hubbard Wholesale Lumber Corporat ~ n - $ 4,246.00 South Roanoke Lumber Company - 4,374.00 Valley Lumber Corporation - 4,403.20 Hodges Lumber Corporation - 4,414.46 Home Lumber Corporation 4,710.40 Mr. Trout 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 innccordance with the recommendation of the committee. The motion was seconded by Mr. Lisk and unanimously ~dopted. Mayor Webber appointed Messrs. Byron E. Bauer, Chairman, Howard E, Radford, John A. Kelley and John W. Chappeleur, Jr.. as members Of the committee. GARBAGE REMOVAL: Pursuant to notice of advertisement for bids on two new tandem-axle ddmp trucks, each with body capacity of approximately 13 cubic yards, said proposals to be received by the City Clerk until 2 p.m., Monday, m December 7, 197~, ~nd {o be opened at that hour before Cou~cll, #uy~r Webber asked If anyone had uny questions about ihe advertisement lad ua representative present rhising any question, the Mayor instructed the City Clerk to pro~ee~ wi{h the opening of the bids; whereupon, the City Clerk opened aid read the following bids: Numa Unit Price Extended Price International Harveste~ Company - $16,05Y~61 $32.075.22 Truck Sales, Incorporated 16,614.00 33,228.00 Magic City Motor CorpSrution 17,417.00 34,834.00 Dlcherson G#C, Incorporated 19.611.00 39,222,00 Hr. Garland moved that the bids be referred to u committee to be appoin- ted by the Mayor for tabulation, ~port and recommendation to Council, the City Attorney to prepare the proper measure, or measu~es.ln.accordance math the tiaa of the committee. The motion was seconded by Mr. Link and unanimously adopted. Mayor Webber appointed ~essrs. Byron E. Hamer, Chairman, William F, Clark and Bueford B, Thompson as members of the committee. PETITIONS AND COMMUNICATIONS: STREET LIGUTS: Copy of a communication from t~e Appalachian Power Company. transmittin9 a list of street lights installed and/or remored during the mouth of November. 1970, mas befor~ Council. Wt. Trout moved that the co,munition be receired and filed. The motion was seconded b~ Mr. Garland and uoanimously adopted. SALE OF PROPERTY: A communication from Mr. C. F. Kefauve~, offering to purchase cit~-owned property described as Lots 9, q and IO, BI~ k 2, and Lots 1 and 2, Block 3, Tinsle~ ~ddition, 0 fficial Tax Nos. 4221407, 4221400, 4221409, 4221329 and 4221629? for the sum of $2,5~0~000 cash, was ~efore Council. Mr. Trout moved that the offer be referred to a committee composed of Messrs. David K. Link, Chaim au, Julian E Hirst, James N. Kincanon and J. Robert Thomas for study, report and recommendation to Council. The motion was seconded by Mr. Garland and. unanJmouslT adopted. RADIO-TELEVISION: A communication from Mr. Walter A. Verb. General Wanager, CAT~, advising that he i's .interested in submitting a prqosal to provide cable television service to the City of Roanoke and requesting information require, Mr. Link moved that the communication be referl~ to a committee composed of Mro¥Jucent S. h~eeler, Chairman, and Mr. Roy R. Pollard, ir., for their inform tiaa in connection mtth their study of t~ question Of permitting the construction of a community antenna television system in the City Of Roanoke. The motion.mas seconded by Mr. Trout and unanimously adopted. BUDGET-STATE COMPENSATION B~ARD-TREASURRR: Copy of a communication from the State Compensation Board, addressed to Mr. J. B. Johnson, City Treasurer, advising that the Compensation Board approved the promotion of Mrs. Mildred B. Waist to succeed Nra. #urie R. Shepherd et on annual salary of $6,080.00, effective November 16, lgYO, ~nd the r~-euployment of Mrs. Helen C. Minister. ut on annual rate of $$,4B5,00, effective November 16~ 19~Oo to fill the position vacated by Mrs Hatson, mas before Council. Mr. Garland moved that the coumunlcotlon he received and filed. The notlon mas seconded by Hr. Trout and unanimously adopted. · ZONING-STAT£ BIGR#AY$: A communication from Mr. Junes %. FlJppiu, Attorney, representing Dlckerson GRC, Incorporated, requesting that Council toke op~rnpriate action to waive the required arterial highway setback lJne'in order to ullnm his client to erect un addition to its building on the north side near Salem Y~rnplke and Moormnn Avenue, ~. W.,wss before CouncJ]o Mr. Trout moved that the matter be referred to the Cia! Homager md the City Plaonin9 Comuisslon for study, report and reconnendat~ to Council. The motion mas seconded by Mr. LIsk and unanimously adopted. 20~IHG: A p~tlon from the Reverend Robert S. Allison, Pastor, Ebenezer African Methodist Episcopal Church, requesting that property located at 1555 and 156: Lafayette Boulevard, N. N.. described as Lot ~ Block lO. Mop of Villa Heights, Official Tax Nos. 2450201 and 2450202, be rezoned from C-l, Office and Institutional District. to C-2, General Commercial District, ~ before Council. Mr; Trout moved that t~ request for rezoning he referred to the City Planning Commission for study, report and recommendatiou to Council. The motion ~as seconded by Mr. Garland and unanimously adopted. ZONING: A communication from Mr. Julius T. Henderson, et ux., requesting that property located in the 3900 block of Virginia Avenue, N. W.. described as Lot 7,and 25 feet of Lot O, Block 22, Official Tax Nos. 2761407 and 2761408, be rezoned from RS-3, Single Family Residential District. to RD, Duplex Residential District, w before Council. 263: STREETS'AND ALLEYS: Council having referred u request or Antrla Motors. Inoorporntedo that 8 portion of Stephenson Avenue. S. W** between themrtherly line or New Street. S. M.. em*ended to the easterly line of Franklin Rood. So M.. be vacated, discoutinued and closed M the City Planning Commission fir studye report and recommeudution, the City Plnnuiug Commission suhmitted'n written report recommending *but the red, eSt he grunted predicated un the City of Monnohe retaining ull utility easements located within ibis Fight of Way. Mr. Trout moved th&t a public hearing on the question of vacating. discontinuing and closing the street be held at 2 p.m** Monday. January I1. 1971. The motion nas seconded by Mr. Link and unanimously adopte~ REPORTS OF COMMITTEES: SALE'OF PROPERTY~PARKS AND PLAYGROUNDS: Council having referred to a committee composed of Messrs. David K. Link, Chairman, Julian F. Hits*, James N. Kincanon and J. Robert Thomas for study, report and recommendation an offer of Mrs. Larry Carveu to negotiate for fourteen acres of land, more or le~, which adjoins Strauss Park in the City of Roanoke and lies in Roanoke County, the fourteen acres in Roanoke County being land that Mr. Maury L. Strauss donated to the City Of Roanoke, the committee submitted the following report recommending that Council not entertain any offer for the purchase of said land: "November 30, 1970 The Honorable Mayor and Members of Roanohe City Council Roaoohe, Virginia Gentlemen: Council, at its meeting held No,ember 16, 1970, referred to the undersigned members of the Real Estate Committee the' communication of Mrs. Larry ~orven addressed to the Council, asking tO negotiate with the city for the purchase of approxi- mately 14 acres of land situate tn Roanoke County On the west side Of Peters Creek and being thc westerly portion Of Strauss Path, heretofore donated to the City by Mr. Maury L.Struuss. Your Committee recommends that Council not entertain any offer for the purchase of said land. By Ordinance No. 15765 adopted May 4, 1964, the Council accepted the offer of Mr. Maury L. Strauss, President of Nilmont Realty Corporation, to donate and convey to the City the land referred toin Mrs. Gnrven's'letter of November 4th, above- mentioned, the ordinance describing the land us containing · approximately 15 acres and being offered to the City for publ~ park purposes. Later, by deed dated February Rtl, 1966, and duly recorded in Roanoke County, Nilmont Realty Corporation conveyed tu the City in fee simple two parcels of land aggregating 1d.773 acres *for use as a public park and public recreation area*. Still later, and Mr. Strauss having con~yed to the City an · additional ll.09~acre parcel of land situate inside the corporate limits but adjoining the 14.773-acre parcel outside $~d limits, by Ordinance No.'16941 of th e Council, ado~d April 4, 1966, all' of the said land, by then aggregating 25.871 acres, mas estab- lished and dedicated by the Ci~ Council for use as a public park and forpublic recreational purposes, and the entire area was designated and given the name "Strauss Park". Your CoBmlttee peroeive· ·o re·son why~ the City.~'·bo·ld, if it could, now entert·ln · proposal to dispossess the public of the use end enjoyment for park end recre·tionol use Of uny portion of the abov~mentloned land, end, ·ccordlngly, recom- mends that Hrs. Larry Garven's ·bovementioned proposal be declined ·nd that she be so notified by the Clt~ Clerk. Respectfully, .COM~ITYEE: S! David g. Lisk David K. Lisk, Chairman, S/ Julia· F. airst Julian F. fllrst S/ A. N. Gibson for J. Robert Thomas S/ J. N. £incanon J[ N. Rinc~non" Hr. Link moved that Council concur in the recommendation ~f the coumltt~-. The motion was seconded by Mr. Trout and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORD1NANCES~ND RESOLU~ IONS: SALE OF pROPERTY-STREETS AND ALLEYS: Ordinance No. 19417, authorizing and provldJe9 for the sale and conveyance to Mr. Mack Aheron by the City of Roanoke of all of the southerly residue of Lot ~ Block 20, according to the Map of Jackson Park Addition to the City of Roanoke, being tl~ residue of Official Tax No. 3330111 on the Ci ~ 's Tax Appraisal Map, upon certain terms and conditions, for the sum of $2,000.00, cahh, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Trout offering the following for second reading and final adoption: (~19417)' AN ORDINANCE au[horiaing and providing for the City'· sale and conveyance of all of the southerly residue'of Lot 24, Block 20, according to the Map of Jackson Park Addition to the City of.Roanoke, being the residue of OfficJ No. 33~0111 on the City's Tax Appraisal Map, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 35, page 36.) Mr. Trout moved the adoption of the Ordinance. Zhe motion was seconded by Mr. Link and adopted by the following vote: , AYES: Messrs.' Garland, Link, Tro ut and Mayor Webber ..... .--4. NAZi None ...................................... ~- .......... O. (Messrs. Taylor, Thomas and Wheeler absent) -. ZONING: Council having directed the City Attorney to prepare the proper measure authorizing the Commissioner of Buildings, upon due written application bain made therefor, to issue to the owners or to the occupants of the premises located at 420 Bramble Lane, S. #., h permit for the continuance of abm noscooforlieg use of the aforesaid.premises ns U three-unit apartment residence, he presented some; whet eupon; Mr. Tnt offered the following Resolution: (z19420) A RRSOLUTION sutho~izin9 the issuance ~f e pemit to authozize continuance of n nonc0nforsing use of premises located et 420 Dreuble Lane, S. bearing Official No. (For full tent of Resolution, see Re~lutioo Book No. 35, page 38.) Mr. Trout moved the adoption of the Resolution. The motion mas seconded bT Hr. Garland end adopted by the following vote: AYES:. Nessra. Garlands Lisk, Trout and Mayor Webber ....... 4. NAYS: None .........................~ .... .... ~ ............. O. (Messrs. Taylor, Thomas end Wheeler absent) POLICE DEPART#ENT: Council having directed the City Attorney to prepare the proper measure commending the actions of the Superintendent, officers and members of the Police Department ubs assisted in eontrollin9 an unfortunate' Jncideol on the 26th day o; November, 1970, on Orange ~yenue In the City o5 Roanoke, he presented same; whereupon, Mr. Lisk offered the following Resolution: (n19421) A RESOLUTION ~oumending the actions.of the Superintendent, officers and members o5 the City's Police Department Who assisted in controlling an unfortunate incident on the 26th day of November, 1970, on Orange Avenue in the City o5 Roanoke. (Per full tent of Resolution, see Resolutioo Book No. 33, page Mr. Llsk noted the adoption of the Resolution. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Garland. Lisk. Trout and Mayor Webber ............. 4. NAYS: None .......................................................O. (Messrs. Taylor, Thomas and Wheeler absent) - MOTIONS AND MISCELLANEOUS BUSlWESS: NONE. There being os further business, Mayor Webber declared the meeting adJourned. APPROVED ATTEST: Mayor COUNCIL, REGULAR*MEETING. Monday, Oecember 14, 1970. The Council of the City of Roanehe net in regular meeting in the Council Chamber.in the Municipal Building Annex, Monday. Uecember 14, 1970, ut 2 p,m., the regular meeting hour, with Mayor Mebber presiding. PRESENT: Councilmen Robert A, Garland, David K. Lish, Noel C, Taylor, Hampton M. Thomas, James O. Trout, Vincent S. Nheeler end Mayor Nay L: Mebb~r---?. ABSENT: None .................................... ~- ............. O. OFFICERS PRESENT: Mr. Julian F. Hirst, City Manager, Mr. Byron E. Hamer, Assistant City Manager, Mr. James No KJncanono City Attorney, and Mr.'A. N. Gibson, Assistant City Auditor. ' INVOCATION: The meeting was opened with a pr~yer by the Reverend Terry Foster, Minister of Christian Education, Belmont Christian Church. MINL~ES: Copies of the minutes Of the regular meeting held on Monday, November 30, 1970, the special meeting held on Friday. December 4, 1970, and the regular meetin9 held on Monday, December ?, 1970, having been furnished each member of Counc L~ on motion of Mr. Lisk, seconded by Mr. Garland and unanimously adopted, the reading thereof mas distmsed with and the ~hutes approved as'recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: .' SEk~RS AND STORM DRAINS: A Resolution adopted by the TomnCouncil Of the T,mn of ~ton at a special meeting held on December ?, 1970, accepting the terms and conditions set forth in the proposed contract.to be entered into between the. City.of Hmnoke and the Town 'of Vlnton pertaining to treatment by the city of excess sewage from the Town of Yintoo and authorizing and directing the Mayor faf the T,mn of Vinton to sign the proposed contract on behalf of the Town of Vinton, Virginia, was before Council. Mr. Thomas moved that the Resolution be received and filed. The motion mas seconded by Mr. Llsk and unanimously adopted. BUDGET-SCHOOLS: A communication from the Roanoke (~ty School Board, requesting that $45,000.00 be appropriated to Personal Services under Section n2000, "Schools - instruction** of the 1970-71 budget of the Roanoke City School Board, to )r,vide funds for one teacher for each of the junior high schools who will work in the area of remedial education to help a number of youngsters have a more successful experience in school, was before Council. In this connection, Mr. Samuel P. McNeil, Chairman of the Roanoke City School Board, and Dr. Roy A. Alcorn, Superintendent of the R,an,he City School Boa rd~ appeared before the body in support of the request and advised that there are approxi- mately 500 students needing this type of instruction and that they all are on a juni~ high school level. 267 Afte~ a discussion of 'the matter, Mr. Lisk.moved that Council concur in the reqoest of the Roanoke City School Hoard and offered the folloul~g emergency Ordinance: ~u19422) AH ORDINANCE to amend and reordain Section #2000, 'Schools - lustructlon~ of the lg?~-?l App~opriatl6n Ordinance. and providing for an e~nrge~cy. (For full text of Ordinance. see Ordinance Rook No. 35, page 39 .} Hr. List moved t~e adoption of the Ordinance.' The motion mas seconded by Ur. Trout end adopted by t~e foll~ming vote: AYES: ' Uessrs. Garland, Lisk, Taylor, Theme, Trout, and Hayer [ebber--6, NAYS: Mr. Wheeler ..... ~ ............................ ~ ............... 1. BUDGET-SCHOOLS: A communication from the Roanoke City School B~ard, reque la9 that $8,449.~0 be transferredfm m CIF-?l-lOS-Construction of Lucy Addison High School Tennis Courts under Section erg, "Yrunsfers to Capital Improvement Fund." to Section al2000, "School~ - Improvements and Betterments," of the 19?O-?l'budget of the Roanoke City School Board, ~o provide funds ~or blacktopphg tennis courts and volleyball courts at Monroe Junior H~gh School, to surface thc parking lot at the Grandin Court Elementary School and to construct's play area at th'e Washington Heights Elementary School, Was before Council. The AssiStant City Auditor advised Council that treasfers cannot be made from the Transfers to Capital Improvement Fund to the General Fund and that the $0,449.50 will have to revert back to tl~ General Fund and then be appropriated to the cc~unt of the Roanoke City School Board. Mr. Thomas mo~ed t~ t Council concur in the request o£ the Eoanoke City Board as snarled by the Assistant City Auditor an~ ut fared t~folloming emergen y Ordinance: (~19423) AN ORDINANCE to amend a~d reordain Section al2000, ~Schools - Improvements and Betterments." of the lg?O-?l Appropriation Ordinance, and proviting for an emergency. (For ful'l text of Ordinance, see Ordinance Rook NO. 35, page 40 .) ~r. Thomas moved the adoption of the Ordinance. The mottm was seconded, by Nr. Tro~t and adopted by the following vote: AIES: Nessrs. Garland~ List, T~ylor, Thomas . Trout. Wheeler and Ralor · ebber ............................... 7. NAYS~ None ....................~-0. ZONING: A petition from Mr. Leon R.' Eytchen, Attorney, representing South- view United ~etho~ist Church, requesting that property located at 3230 Cove Road, N.W.~descr~ed us Lot SB, Official Tax No. 2560134, be rezoned from RD. Duplex Resi- dential District, to C-l, Office an~ Institutional District, was before Council. Mr. Lisk moved that the request for rezonin9 be referred to the City Plan- ning Commission for study, report and recommendation to Council. Th~ motion was seconded b~ Mr. Thomas a~d unanimously adopted. ZONING: A petition from Hr,' Roy B, ~illett, Attorney. representing Nichols 3. and Geneva E. Nackley, requesting that property located in the 3000 bloch of Cove ~oad, ~. W., described as all of Lot i5 and part of Lot 14. part of Official Tax- No~ 2460106 and all .. ~of Official Tax No. 2400132, Swsrthmore Place, b~ rezoned from RS-3, Single-Family Residential DJstFictp to C-2, General Commercial Distrlct,'mas befor~ Co~ncll~ Mr. Lisk ~oved that 'the request for rezoning be referred to tie City Planning Commission for study, report and recommendation to Council. ?he motion wis seconded by Mr. Trout and unanlmo'usly adopted. ZONING: A communication from Mr. R. I. Poindexter, requesting that pro- perty located in the 2000 block of Byrd Avenue, N. E., described as Lots ? - 17, Inclusive, Block 3, Official Tax Nos. 3120304 - 3120308, Inclusive. Laurel Terrace Land Map, be rezoned from RD, Duplex Residential Oistrict, to RG-2, General Resi- dential District, mas before Council. Dr. Taylor moved that the request for rescuing be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Mr. Lisk and unanimously adopted. REGISTRAR: A communication from Mr. Andrew H. Thompson, Chairman of the Electoral Board, advising that due to' increased duties and responsibilities brought about by the revised election lams on December 1, 1970, their present quarters in the Registrar*s Office are not adequate to enable them to discharge their obligation~ and responsibilities to the voting public without additional office space, and requesting the a lbcation of additional space to the Office of the Registrar, was before Council. Mr. Thomas moved that the matter be referred to the City manager for study, report and recommendation to Council. The motion was seconded by Or. Taylor and unanimously adopted. REPORTS OF OFFICERS: BUDGET-PARKS ~D PLAYGRO~DS-RECREATION DEPARTMENT: The City Manager submitted u written report r'ecommending that $220.00 he appropriated to Operating Supplies and Materials under Section n75. ~Recreation, Parks and Recreational Areas,' of the 1970-71 b'udget, to provide fun~ for the purchase of trophies to be presented to teams participating in the 1970 Sandlot Football Program under the direction of the Oepartment of Parks and Recreation; Mr. Mheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (;194~4) AN O~DINANCE to amend an~ reordain Section ~75, ~Recreation,'* Parks and Recreational Areas," of the 1970-71 Appropriation Ordinance. and providing (For full t~xt of Ordinance, see Ordinance Book No. 3~, page 40 .) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES:: Messrs. Garland, Llsk, Taylor, Thoaaso Trout, #heeler und Mayor Wqbber ......... NAYS: None ..........'7 .... O. SUDGET-GARAGE: The City Manager submitted the follouing report recommend- ing that $1o000.00 be appropriated to Motor Fuel and Lubricants under Section n?l, 'Garage,# of the 1970-71 budget, to~ovide funds for the remainder of the fiscal year: 'Roanoke, Virginia Gecember Id, 1970 Honorable Mayor and (~y Cancil Roanoke. Virgina Gentlemen: Me are experiencing problems uitb the Garage budget account for fuel and lubricants. The 1970-71 appropriation is $1,200. Two situations occur in that this amount for the current year is $400 under the $1,600 appropriated lalt year and last spring revisions mere made in the allocation for purchase of chassis grease mud gea~ oil which had been charged to another accant previously and is now allo- cated to this account.. ' .- - ' ' .-- .... .-. Expenditures to this account for the past 12 months (not budget year) baye been as folloms: ' Gear oil $ 503.34 Chassis grea~e 330.00. GaSoline, 1,246.11 Miscellaneous §5.68 $2~14S.13 The lubricants are used to service the entire City fleet, while the gasoline is used only in Garage vehicles such as our wrecker trucks. Operating departments budget their own fuel funas. On the basis of the above the estimated requirement for a year period is $2,200 as against $1,200 in the present budget. There are not surplus funds within the Garage account anticipated at this point by which transfer can be made. Reluctant as I am to recommend appropriation at this stage it is recommended that $1,000 be appropriated to Garage Account for the balance of this fiscal year. Respectfully submitted, S/ Julian F. Hlrst Julian F. ~irst" Mr. Trout moved that Council concur in the recommendation Of the City Manager and offered the following emergency Ordinance: (=19425) AN ORDINANCE to amend and reordain Section =?1, 'Garage," of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 41.) Mr. Trout moved the adoption of the Ordinance, The motion Was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Yhomas, Trout, Mheeler and Mayor Mebher .......................... NAYS: None ......~ ........ O. 269 / SODGET-CITV EHGIHEER: The ClZy Msnsger Submitted the follouJn9 report recommending thst $2,O00.O~ be spproprlu.ted to Fees for Professimul smd Special Services under Section #$5° 'Engineerings~ o! the 1970-71 budget, to provide funds for the remainder of the flscnl year: 'Roanoke, Virginia -December,14. 1970 Honorable Mayor and City Council Roanoke, Virginia The City Eng~neer*s budget request as presented to City Council last spring contained $6,000 under Object Code 210, Fees for Pro- fessional and. Special Services. This amount included $4,S00 for the required annual iespectionof bridges on primary highway routes #lthln the City and $1,500 for miscellaneous inspection, tes~ and reports *The amount of $16,000 was appropriated to this account, $15,000 $3,000 in the account to accomplish the above listed activities. $3,$06.71, while an additional $652.84 has been exp31ded for inspection of brJ~es not iu the primary road system. These total $4,161.55. This means the account is $1,161.55 over expended. provide an additional $2,000.00 to the Engineering Department Account fund this over expenditure and provide for posst~le future work of Hespectful~ submitted, S/ Julian F. Hirst Julian F. Hirst City Manager~ ~nd offered the folloming emergency Ordinance: (ZIg426). AN ORDIHANCE to amend and reordain Section a55, ~Eugineerin9,# of Ir. Lisk and adopted by the following vote: ~ebbel HAYS: Hone O. :stablished rates throughout the country. 271' After o discussion of the Batter, Mr. Wheeler moved that Council concur ia the report of the City Runsger and offered the following emergency Ordinunce: (u19427) AN ORDINAHCE approving u schedule of rates and charges for use of the Roanoke Civic Center Auditorium Mezzanine Lounge, and n sundry schedule of rates and charges rot use of the Roanoke Civic Center~ end providing for an emergenc: (For full text.of Ordinance, seeOrdlnsnce Hook No. 35, page 4~) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and od,Fled by the following vote: AYES: Messrs. Garland, Link, Taylor, Th,nas,Trout, ~heeler and Mayor Robber ........................ ?. NAYS: None ......... O. AUDITORIUM-COLISEUM: The City Manager submitted the following report in connection with a change order to the contract with Nell, L. Teer Company to provide for the use of fireproof acoustical tile material in lieu of acoustical plaster for the ceiling in the coliseum concourse area of the Roanoke Civic Center, advising that the change order Will result la a credit to t~ City of Roanoke of $l,lO0.O0 and that there will be no change in the contract construction time: "Roanoke, Virginia December 14, 1970 Honorable Mayor and City Council Roanoke, Virginia 6entlemen: . It is recommended that authorization be given by such instrument as would be appropriate to execute a change order for the Civic Center to provide for the'use of fireproof acoustical til~ material in lieu of acoustical plaster for the ceiling in the coliseum concourse area. Several factors enter into this request. The first and primary is that the quality and appearance now available Jn acoustical tile material ts such that all best advice indicates that th~waterial would be commensurate with acoustical plaster for this type of ceiling install- ation. There Was some question on this point in the initial design of the center and the decision then was to go with the plaster in view of uncertainty as to tile mateeial. A second point is that in ceiling maintenance and access into ceiling areas and the handling in event of ceiling damage, tile sections ~an be .much more easily removed and replaced than can plaster be:cut out and refinished. The resulting appearance is further advantageous. A third factor is that under the present construction of the center there ia a time advantage in that the tile can be installed in a period that is estimated to be four to five weeks faster than the plaster thereby enabling other interior work within the conalirse to 9et underway and be completed this much earlier. This change order would result in a credit to the City of $1,1OO and there would be no change in the contract construction time. Respectfully submitted, $/ Julian F. Hirst Julion F. Hirst City Manager" Dr. Zaylor moved that Council concur in the recommendation of the City Manager an~ offered the following Resolution: (n19420) A RESOLUTION approving the City Msnager*s issuance o! Change Order No, 6 In connection with the Clty*s contract for the construct in of the Roanoke Civic Center. (For full text of Resolution, see Resolution Book No. 35. page 44.) Dr. Taylor moved the adoption of the Resolution. The motion wes seconded by Mr. Thomas and adopted by the folloming vote: AYES: Messrs. Garland, Llsk, Taylor, Thomas. Trout. Wheeler and Rayor Webber .................................. 7. NAYS: None .......................O. AUOITORIUM-COLISECW: The City Manager submitted the following report in connection with a change order to the contract with Hello L. Tear Company, for landscaping at the Roanoke Civic Center, recommending that the landscape work be removed from the Contract Time because of the particular nature of landscaping and planting, being conditions that are generally understood and accepted as to planting schedules and because such exemption ts to the best interest of the City of Roanoke: 'Roanke, Virginia Oecember.14, 1970 Bonorabie Wayor and CieI Council Roanoke, Yirginla Centlemen: · The City's contract with Hello L. Teer Company for construction of the Civic Center stipulates an allowance of $40,000 for lauoscaping the project. The specifications originally established tn allowance of $50,000 for this work, but immediately after signing the contract, the City reduced this amount ~ $40,000 in Change Order No. 1. Following thc normal procedure for contract allowances, sub-bids for this work have been submitted'to the engineers, and t~e'bw bid was $43,522.d6. Each bidder was required to submlt~a unit prt~e schedule with his bid in case minor adjustments in plant quantities or sizes were required in order to bring the final price within the allowance. Some minor adjustments have been made and the final total sub-bid price is exactly $40,000. Sub-bids were not previously taken on this work because of a number of mknomn factors, such as current availability of plant materials in the sizes and quantities required, current availability of acceptable topsoil materials in the quantities required, final new street light layouts along Milliamson Road, etc. Also, on a project of this magnitude it is advisable for the buildings and site work to be sufficiently complete so that bidders can make an on-site inspection prior to submitting a bid. The low sub-bidder is ready to enter into a subcontract with the general contractor for this work; however, since landscaping work is seasonal and should not be done except during the pro,er planting season, the landscape subcontractor does not want to be held respon- sible for the assessment of liquidated damages for reasons beyond his control. The landscape subcontractor, based on past experience in this area, anticipates that weather conditions will not permit them to start work until about March 1, 1971. Their work will require 50 to 60 days to complete. If weather permits, they expect to have all landscaping work immediately around the buildings completed by Watch 25. · Since the project is behind schedule, the reaction of the landscape subcontractor to a concern of possibly being forced to do his work out of season is understood. Further the City must be in a position t5 enforce the one-year guarantee that is carried on the landscape work. The recommendation is made that a change order be authorized to the contract which would remove the landscape mark from the Contract Time, It $ ould be un~ers~odd, end perb~pt,spec~fle4~lw, tke~City:Couacil ordineuce,~ihnttkisJs ddne be~useof~e pbFticuler nuture of lendscbpiiO*u~.p)tnti~g, b~lng~co~ditiona:thet.ere generally~under- stood and ecceptedlas to pluutinb.sche~ales smd beeuuse suck exeuption is to the best interest of the Cit~. · The chs~ge Order u~bl~ r~ud~bs tall work to be performed by the landscape subcontracter under Specifications Section 2D, Landscaping. shall be exempted from the provisions of Article'4. Time of Coumenceuent and Completion. of the Contruct. Landscaping work specified in Section 2H skall be performed during the SpFin~ 1971 planting season, and tn is murk skall be stated about March 1. 1971. or as soon thereafter as weatker 9onditlons permit, and once started the murk shall be completed in approximately 60 consecutive calendar days provided weather conditions permit.* Respectfully submitted. S/ Julian F. Hirst Julian F. HiFSt ,.: ~ City Manager' Mr. Trout moved that Council concur in the recommendation of the Manager and offered the following R~solution: (a19429) A RE$OLLrflON approving the City Manager*s issuance of Change Order No. 7 in connection with the City*s contract for ~e construction of the Roanoke Civic Center. (For full text of Resolution, see Resolution Hook No. 35. page 45.) Mr. Trout moved the adoption of the Resolutibn. The motion was Seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Leak, Taylor, Thomas, Trout, ~heeler and Mayor Webber 7 NAYS: None .................... O. AUDITORIUM-COLISEUM: The City Manager submitted the following report in connection with the scoreboard fir the Roanoke Civic Center. ~dvisiug that due to an anticipated change ~ their Hallmark, The First National Exchange Hank of Virginia ha eequested that the name panel at the bottom of the scoreboard be widened by ten lncke in depth, that in addition, the General Indicator Corporatim is changing the top message board to standardize it ~ith othersbelng installed throughout the country so that the original slx inch letters mill be increased to nine iech letters, result- lng in un additional cost of $660.00 in wh~h ~he First National Exchange Bank of Virginia has agreed in writing to pay and recommending that the changes be approved by Council: Honorable Mayor and Cay Council Roanoke, ¥irginia "Roanoke, Virginia December 14, 1970 Earlier this calender year the City Council authorized the acceptance of a proposal made by the First' National ExChange Hank of Virginia to furnish the large scoreboard which would be suspended In the center of the Civic Center Cole'seam. The total cost of the unit was to .be $73,905.39 with the procedure to be that the contract for 273; Its purchase mould be mede by the City ul~i ~he suppl~ero General Indicnt0~Co~porntlon, LarchnGnt~'Neu'Yor~e~a~Ftrst*~Nn~ionnl'' Exchsnge~Bsnh~u061d psy~to thb~City.the~c~t'~f~tBe unit wh~Gb amount includes*the instillstiGn.~ Thit°is ri'sophisticated unit, four- sided, which'includes scoring-fo~ all types of activlties.ah~ un electric message board. In exchange for tbhir assertion of'the cost of this 'u~t, s panel is to be provided on the bottom of the board bearing the anne of the berth. Due to un anticipated change in theirHs~lmsrh, the bank wishei to widen the name panel at the bottom of.the board by 10 inches in ' depth mhich will increase teen from 10 feet 10 inches by 16 Inches to 10 feet lOhches'by'26 Inches. In addition the company Is changing the top ~messsge board to standardize Ii with others being installed throughout the country so that the original six-inch height letters ulll be increased to nine-inch height letters. The cost of the ~ove changes in the pahels will be $660. This the bank in mrlting has advised of Its willingness to pay and this will la,tense the total to $74oS66.3~. It Is r~oene~ded that the City Council by ordinance amend its previous action to provide for this additional cost mud additional total amount. Respectfully submitted, S! Julian F. Hirst Julian F. Hlrst City Manager? Mr. Thomas moved that Council concur in the recommendation of the City Manager and offered the followiug Ne s/utica: '~(z19430) A RESOLUTION approving the City ganager*s issuance Of n Change Order in connection with the City's contract with General Indicator Corporation for the construction of a scoreboard tn the Coliseum of the Roanoke Civic Center. (For full text of Resolution,'see ReSolution Book No. 35, page46.) Mr. Yhomas moved the adoptionof the Resolution. The notion was seconded by Mr. Wheeler and ad,Fred by the following vote: AYES: Messrs. Garland, Link, Taylor, Thomas, Trout, Wheeler and Mayor Webber ........... NAYS: None -0. Mr. Thomas then offered the following emergency Ordinance appropriating ;699.60 to the Roanoke Civic Center under Section z89, "Yransfers to Capital Improve meat Fund~~ 'of the 1970-71 budget, to provide famos to cover the proposed changes in thc scoreboard: (c19431) AN ORDINANCE to amend and reordain Section u89, ~Transfers to Capital Improvement Fund,~ of the Ig?O-71 Appropriation Ordinance, and proviUing for (For full text of Ordinance, see Ordinance Book No. 35, page 47-) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Link and adopted by the following vote: AYES: Messrs. Garland, Link, Taylor, Thomas, T~ ut, Wheeler and Mayor Nebbe! ?. NAYS: None O. 275 MATER DEPARTMENT: COuncil having-referred o communicatiom from ,Mr. Clyde E~ Buckner~ r~pesting a metered connection irom his property et 2127 Riverdale Road, S~ E.. in order to furnish city water service to his property'at 2031 Edgerton Avenue S. E., to the City Hsneger for study, report and recommendation, the City ~anager submitted a written report transmitting ~opy of n communication urltten by him to Mr. aarkner, udrl~ing that there remains 1800 fe~t extension to the nearest water main and that under the policy of the City of Roanoke this extension wouJd have to be done by private :parties who are interested in getting water to this location. Mr, Link moved that Council coucurin the report of the City Manager. The motion wa~ seconded by Mr. Thomas and unanimously ~dopt~d. PAY PLAN-CITY EMPLOYEES-CITy ENGINEER: The City Manager submitted a report recommending that Ordinance Ne. 19384 adopted on October 26, 1970, be amended to provide that Code Position 2028,'Public Works Operations Manager, be established at Range No. 26 instead of Range No. 25 J~ the Pay Plan. Mr. Thomas moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u19432) AN ORDINANCE amending Ordinance No. 19236, heretofore adopted on June 22, 1970, provioin9 a System of Pay Rates ned Ranges and a new Pay Plan, es heretofore amended by Ordinance No. 19384, by changing Code Position 2028° Public Works Operations Manager, from Pay Range 25 to Pay Range 26; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 35, page 47.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted -by the folbieg vute: AYES: Messrs. Garland, Link, Taylor, Thomas, Trout, ~heeler and Mayor Mebber .......................... 7. NAYS: None .............. O. TRAFFIC-~TATE HIGHWAYS: The City Manager submitted the following report advising that the ¥lrginia Department of Highways,'through its Division of Traffic Planning, periodically conducts t£afftc volume counts on various streets and highway Jn the State of Virgi-~, that he is in receipt of the 1969-70 report and transmitting a list of several locations Which are relatively significant and in which Council might be interested as to how the counts run: "Roanoke, Virginia December 14, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The ¥lrginin Department of Highways, through its division of traffic planning, periodicallyconducts traffic volume counts on the various streets and highways in the State. This data is used in a number of ways with perhaps the mst important being in the development of transportation planning andlblghway construction programs. Last year, on June 23.~1969.1~nb~it't~ed~to th~e'.Clty Council a report mhich'was based on datu'tbkt~W6 had~recel~Bd'from the"Highway Oepartmeattron Its detailed 1960-69_cnont data.. They hud In that year recording system counts at 2$Tlocbti0ns throughout'the City° Roanoke County and S~len. From that report me extracted nome locations that mere relatively significant and in bbich ne thought the City Council night be Interested as to Just how counts run. We have ann received the 1969-7Oreport and in furtherance of thin Idea. I an listing tee same'location that ue had last year uith the traffic volume count as iadkated then. Beside these figures ne have extracted from the recent report and have inserted the 1970 counta, Again there were 237 locations total uitb 103 of these In the City. About 20 percent of the locations Mere tabulated by 12-hour manual counts and the remainder done by machine recorders over 24-hour periods in April andJune, 1970. It is hoped that you nay find this material interesting. VOLUME ROUTE STREET NAME BETWEEN 1969 1970 11,220 Rt. 117 ~ Rt. 115 15.000 ~ 20,360 11.22o Willlanson Road 0aklann Ave. ~ Rapblann Ave. 18,300 15.24o n.22o Williamson Road Orange Ave. ~ Radison Ave. 19,300 17,890 11,220 2nd Street Shenandbab Ave. ~ Mulls Ave. 22,000 21.790 11 Campbell Ave. 3rd St. & Sth St. 11,200 ID,IlO 11 Memorial Ave. Cleveland Ave. ~ Ridvall Ave. 18.300 15.040 11 Gtandon Road Mindso~ Ave. ~ Sherwood Ave. 9.900 9.450 Il flrandon Ave. Edgenood St. ~ Langdon Read 10,800 11,640 24 Dale Avenue 22nd St. G N~R Railway 8,900 11,080 24 Dale Avenue 14th St. ~ 18th St. 7,700 9,930 24 Elm Avenue 1st St. 6 Route 581 11,300 26,250 115 Hollins Road Preston Ave.'6 Frontier St. O,O00 lO,OmO 116 Lafayette Blvd. Florida Ave. ~ Massachusetts Ave. 6,100 6,840 116 Mt. P l'easant BI~. Garden City Blvd. ~ Bennington Street 4,000 5,500 116 Route 599 ~ Blue Ridge Parkway at Franklin County Line 1,415 '1,590 117 Peters Creek Rd. Route 5BI ~ Route 626 (north of AlrportJ 9,300 10,860 220 At Franklin County line 9,400 10,570 220 Franklin Road Beecbnood Dr. ~ Broadway Street 21,600 19,960 220 Franklin Road Roanoke River ~ Brandon Avenue 30,300 No Count 220 N Maple Avenue Franklin'Rd. 6 2nd Ave. 12,300 14,260 220 N Jefferson St. Bullitt Ave. ~ Day Ave. 16,200 15,630 220 S Franlin Road Day Ave. ~ Elm Ave. 13,?00 9,740 221 Brambleton Ave. Oakwood Dr. & Brandon Ave. 10,000 9,480 221 Main Street Floyd Ave. & Kern Ave. 13,000 13,480 460 Botetourt Co. Line & Rt. 604 9,140 9,670 460 Orange Avenue 7th St. & Hollins Rd. ' 12,900 16,210 460, Alt. 11 Orauge Avenue Courtlaud Rd. ~ Rt. 501 19,900 20,OHO 460, Alt. 11 Orange Avenue l?th St. & IBth St. 12,300 13,850 460, Alt. 11 Relrose Avenue . 35th Street 5 36th St. 15,800 17,470 Int. 61 Route 501 & Route 115 9,110 12,210 Int. ~1 Int. Route 61 ~ Routell7 10,965 14,120 Int. 581 Route 460 & Route 11 25,010 28,220 Int. 581 Route 11 & Route 24 19,440 22,080 Airport Entrance Re, 625 (Hershberger Rd.) & Roanoke Aiport 2~700 3,960 Brandon Avenue Mt. Vernan Rd. & Make- field Drive 13,?00 12,890 Broadway Avenue Colonial Ave. & Franklin Rd. 1!,200 9,670 Campbell Avenue 9th St. 6 lOth St. ?,200 5,160 277 RO~E VOLUME STREET NAM~ . BETWE£~ 1969 19TO Colonial Ave, Persinger Rd. & B~oadmny Rd. 11.300 11,520 Garden City ' - ' ~ fllvd. Rose Ave. ~ Mt. Pleasant Blvd. 6,500 5,560 Gaissboro Raid Rutherford Are. ~ Harrison ' ' ' Ave. 4,gO0 4.120 H~rshberger Rd. Floriat~Rd. ~ Route 115 S,300 5,0g0 Hershberger Rd. Ferncliff Ave. ~ Eirkland Ave. 16,300 No Count Jefferson St. McClanahaa St. flelleFleu Street Lynchburg-~alem Turnpihe 31st St. ~ 36th St. 6,700 7,520 McClanahsn St. Carolina Ave. ~ Rosaline Ave. 90700 6,220 Memorial'Ave. Duddiug St. ~ Chesterfield St.4,DOO 4,780 Paterson Are. 16th Street ~ l?th St. 9,gOO 11,460 Salem Avenue 6th St. & 7th St. 4,000 4,640 Shenandoah Ave.30th St. & Luckett St. 10,000 I1,070 Tazeuell Ave. 7th St. ~ Rt. SHI 6,500 No Count Rnd Street Kith Ave. ~ Church Ave. 10,900 11,070 5th Street ' Shenandoah Ave. ~ l~'folk Avenue 9,500 10,600 9th Street McDomell Ave. ~ Madison St. 6.100 5,450 lOth Street Greenland Ave. ~ Forest Hill Avenue 7,700 7,580 lOth Street Center Ave. ~ Loudon Ave. 7,100 6,670 24th Street Salem Turnpike ~ Melrose Avenue 16,400 14,040 Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager' Mr. Thomas moved that the report be received md filed. The motion was seconded by Mr. T~out and unanimously adopted. TRAFFIC: Council having referred to te City Manager for study, report and recommendation a communication from Mr. Charles N. Turpin, tmsmitthg a petition signed by 246 citizens requesting that a walk signal be installed at the htersection of Fifth Street and Campbell Avenue, S. I., the Assistant City Manager submitted the following report again recommending that separate pedestrhn signal lights not be installed at this intersection: *Roanoke. Virginia December 14, 1970 Honorable Mayor And City Council Roanoke, Virginia Gentlemen: On M~nday, November 9, 1970, City Council received a written tommuuicntion from Mr. Charles N. Turpin, transmitting a petition signed by 246 citizens requesting a walk signal to be installed at the'intersection of Fifth Street and Campbell Avenue, S. l. City Council referred this matter to the City Manager for study, report and recommendation. . As a result of Mr. Turpin*s request on Thursday, November both a pedestrian and vehicle count were made at the intersection of Fifth Street and Campbell Avenue, S. M., and a copy of each of these comfits is attached. Campbell Avenue, along the area in question is U. S. Route 11 through the City of Roanoke; therefore, any traffic control devices at this location mast satisfy the requirements of the Virginia Department of Highways and Federal Highway Administration. In this regard me must apply criteria in a uniform manual of traffic control devices. These requirements as they pertain to traffic signals prescribe certain minimums for vehicle and pedestrian traffic movements over an eight hour period and~or accident experience. There is no question as to the need f~r signalization at the subject intersection from a vehicle traffic volume standpoint. However, the criteria for separate pedes- trian signals are clearly not met. In this i~tance th~ students involved with use of thin crossJug'~ttend Jefferson Senior High School and these ,students ere of au~age~group-uhich~heSprogres~ed~beyond'the pol~ of needing ~a~ety petrol~ or special'crossing sl9nols~ An nnalysis or accidents occurring ut tuts intersection over the past three yenrs,.revesls thatouly ouevehicle accident occurred during the peak hours of the day, those hoofs being 8 to 9 n.m.. and 2 to 3 p.m..The one accident did not involve a pedestrian. The maximum 15-minute perm-or pedestrian traffic occurs'between-2:15 and 2:30 p.~** at which'time HI persons crossed Fifth Street on the south side of bell Avenue. heading east. This necessitates the cr6ssing of only six persons per green light. As.this htersectkn does not.meet,the crlteriuesteblished for separate pedestrian signals, we cannot advise the Installation of walk lights atthls location. As uaw reported t.o City Cguncil nheu this matte~ come before Council in December 1960, the City installed walk lights at Church Avenue and Fifth Street, S. M., ~rthat the students from Jefferson High might cross at this location. As vehicular traffic is so consistently high during the day at Fifth Street and Campbell Avenue and as a long left torn sequence is provided in the Intersection the addition of walk lights would further tie up the uavenent of traffic at this locatim. Once again it mould be our recommendation that separate pedestrian signal lights not be installed at this intersection. Respectfully submitted, S! Julian F. Hfrst Julian F. Hirst City Manager" Mr. ~homas moved that the report be received and filed. The n~tion was seconded by Mr. Trout and unanimously adopted, WATER DEPARTMENT: The City Manager submitted the following report advising that the Mater Department bas been notified by the Virginia Department of Highways that an existing 12-inch water line constructed in the highway right of way along Route 601 (Old Holins Road) in in conflict with the bridge construction presently underway at the location where this route crosses Tinker Creek, that the Highway Department has asked the city to move this line in order for them to proceed with the construction of the abutment walls for the new bridge and recommending that a deed of easement be entered into between the City of Roanoke and Mr. David Hieman to ~ovide for the construction of the 12-1ncc water line at a different locati in tho Tinker Creek area½ "Roanoke, Virginia December 14, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen.: The City of Roanoke Mater Department has been notified by the Stab Highway Department tl~t the ex~sting 12-inch water line constructed in the highway right of way~ong Route ~01. (Old Hollins Road)i' is in conflict with bridge construction presently underway at toe location where this route, crosses Tinker Creek. The State Highway Department has asked the City of Roanoke Mater Department. to move this line that they dght proceed with the construction of abutment walls for the new bzidge, The new bridge is beln~ constructed adjacent to the old bridge and it.would beproposed,to move the 12-inch water line servicing this are~ tothe south within the construction easement obtained by the State Highway Department. ,. As this is only a construction easement it,will be necessary to obtain a permanenteasement from the prop~ty onner for this water line at this location, Mr. Kit Kiser, lctin9 Manager of the Mater Department, has been in contact with the property owner, Mr. David ], Hinman, who has ind imted that he will allow the City to have a permanent utility easement 15 feet wide and 150 feet in length for this water line for the amount of $250. The total cost of relocating this water line, the construction of which will be paid from monies budgeted for this purpose,.is estimated to be $5,000. It would be recommended that City Council authorize the exechtlon of an easement fermis mater line with Mr. David W. Rlnman and the expenditure of $25~ for this easement. Respectfully submitted, ~ . S/ Julian F. Hi. at ~ulJan F. ~Jrst- City Managerw Dr. Taylor moved that Council concur In the recommendation of the City Manager and offered the folloming emergency Ordinance: (019433) AN ORDINANCE authorizing and pr~viding for the Cit~*s acquisitioc of u certain perpetual easement In ]an~ needed for the proposed relocation of a water line along Tinker' Creek, in Roanoke County. ulxn certain terms and provisions; and providing for an emergency. (For full'text.~f Ordinance, see Ordinance Bunk No. 35. page 49.) Dr. Taylor moved the adopt~ of the Ordinance. The motion mas seconded by Mr. Llsk and adopted by the folloming vote: AYES: Messrs. Garland, Lisk. Tayl~, Thomas. Trout, Wheeler and Mayor lebber ............................7. NAYS: None ............... O. SEWERS AND STORM DRAINS-SIDEWaLK, CURB AND GUTTER-STREETS AND ALLEYS: The City Man.er submitted the following report recommend~g that Cnunci I authorize the City Attorney to'institute condemnation proceedings in order for the'City of Roanoke to acquire property owned by G. B. and Vera C. Cyphers in connection with the ~idening of Garden City Boulevard. S. E., advising that negotietio~ have been in effect mith Mr. and Mrs. ~J~hers since July, 19~9, and that it is not felt this darter can be delayed any further: 'RoanoEe. Vir~iu December 14, 1970 Honorable Mayor and Cl~ Council Roanoke, ¥trgimia Gentlemefi: The project of midening a portion of the northern section of Garden City Boulevard has been provided for by funds in this and the previous year budget. Me have bad considerable difficulty in obtaining necessary right-of-may' This has delayed the project. The situation is now down to tmo parcels. . One parcel is a narrow Strip, in order to obtain a uniform right of way line, 262 feet long 5 feet in width along the rocky embankment on the west side ut the road. This is the bank that many pesple are familiar with on the boulevard. We bare been unable to reach any 9f a settlement witnthe owner of this even t~ough.me.cau see no damage whatsoever to'the ~ro~er~y. ~he snallamoUntof value iu the proposed taking Is, such that me do notfeel J~stified recommending the proceeding into condemnhtion and thdstby a minor adjustment in the roadway, the improvement can be'designed and accomplished without t~ use of this. The Other parcel does, however, require some action. This is the property o~ Mr. G. B. Cyphers and hisrmife Vera C~Cyphers. This ..property v~r~es in width from 14 feet to 34 feet along a length of approximately 3&5 feet. It is necessary to the construction, there are no buildings involved, the property is*not used at-the present time and mc feel that there would be very little damage ~ the total property. The final offering as bas been made to Mr. and Mrs. Cyphers is ~600 which lc well above the approisal. Hegotiatlons have hem Involved uJth the owners'since back in July 1969 when the firat 6o~tact'uaa made. Iris not felt'that.this-matter canbe del~ed any'further ac we Want to ~et the proJect under construct ion and hSpefully once this segment is under construction, me could then proceed to plan rot another budget year other murk on Garden City Doulevurd. It is recommended that the City Council autbrlze the City Attorney to prepore the necessary ordinance directing the Institution of con- demnation proceedings for this property. Respectfully submitted, $/ Julian F. Hirst Julian F. Hirst City Manager* After a discussion of the matter, Mr. Lisk moved that the report be referr ach to the City Mana~r for the p~rpose of making one final effort to negotiate Mr. and Mrs. Cyphers or their attorney to determine s definite price for the property and report back to Council. The motion mas seconded by Mr. Trout and unanimously adopted. STATE HIGDRA¥S: The City Manager submitted e written report advising that the contract iF considered completed for the reconstruction of Franklin Road from the Roanoke River Dridge south of the McClanahan Street intersection, that toe second Franklin Road project Is movin~ well and tint upon its completion some significant note could be taken of the conclusion of the reconstruction of Franklin Rd all the way through from toe city limits. . . Dr. Taylor moved that the report be received and filed. The motion was seconded by Mr. )/~eeler and unanimously adopted. Mr. wheeler advised that there are several signs in front of the Dr. Pepper Bottling Company which are traffic hazards and moved that the City Manor be directed to check into the possibility of ~aving these signs removed. The motion was seconded by Mr. Trout and unanimously adopted. SALE OF PROPERTY-STATE HIGHWAYS: The City Manager submitted the following report recommending that Council authorize the conveyance of a parcel of land near t~e southwest corner of Elm Avenue nod Fourth Street, S. E., to the Virginia Departmel of Highways needed in connection with the right of may for the Southwest Expressway: 'Roanoke, Virginia December 14, 1970 Honorable Mayor and City Council Roanoke,Vir~zia The City owns,a smull'tziaogular plot of land near the sonthmest corner of Elm Avenneand Fourth Street, S. E. *This'is the residue of parcel acquired by the City in ~nnection with the Elm Avenue (Route 24) project about three years ago. The parcel is 44 feet by 23 feet with an approximate area of 506 square feet. The State'Highway Depart- ment is interested in acquiring this plot in connection mith the acquisition of right of way for the Southwest Expressway. Adjoining property owners have indicated,to theState a willingness to donate certain.properties if theycan obtain' from the State thin triangle. The Highway Department would offer to the City $49 for this~resldue. Wl~e varionsconsideratious*hove been given*to this area, our best consideration is;that it Would*be advisable to go ahead*and dispose of this and enable the complete,acquisition of right of way for the E~presway. Should the City Council feel that the matter should go to the 'Reel Estate Comities,~ be can review It #lth 'the Committee; it would be recammehdqd tlat.'the Council~ by mdinence ahthorize'the conveyance of the property.. A highway map will be available ut the meeting to illustrate the location. Respe~tfully~submltted, S/ Julian F. Hivst Julian F. Hirst , , , C~tyManager* Mr. Thomas moved that tie report be referred to a committee composed of Messrs. David K. Lisk.'Chairman~: Jlliuu F.,HIFst, James N. Elncanon, and J;. Robert Thomas for study, report and re~ommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. MATER DEPARTMENt: Council having dirented the City Manager to enter into contract With B. P. Purrott and Company, Incorporated, for Contract #L* pr ovtiing for uut~uation of. the Crystal Spring Pumping Station, in the amount of $1g,700.00, the City Manager submitted the following report advising t~t the contractor encountered considerable delays in obtaining certain precision equipment needed in connection with this work, that the contractor went 149 days Over the established date of completion and that for each day over the completion date the contractor paid the cat $50.00 representing a recovery to the ~ityof Roanoke of $7,400.00 against the contract amount of $19,700.00, that it is felt some arbitration Jn the matter is both desirable and necessary under the total circumstances and recommending the Council anthrize payment in the amount of $17,314,00 to D. F. Parrott ~ Company, Incorporated, instead of the $19,700.00 as originally bid which would make an allowance of $2,386.00 for delay ~ completion of the work: "Roanoke, Virginia' December 14, 1970 Honorable Mayor and (~y Council Roanoke, Virginia Gentlemen: This is a rather ~olved matter both in .circumstances and in time and I will attempt'to abbreviate the reporting of the situation to you as best possible with the fullest of information. In 1969, the Citytook.bids for the automation of the pumping facilities at tee Crystal Spring Pumping Station. This automation involved the objective of reduning the number of personnel at the s}ution, and putting the facilities on automative eqt~ment that could be regulate~ from the Carvins Cove treatment plant. The intent was to bring about a more precise regulation of the Crystal Spring water supply in relation to the total system and more centralized control over the entire water ~ystem. The successful bidder was B. F.,Parrott,~ Co., Inc., in a bid amine of $19;T00 with the contra~tor*s bid for 210 days completion. The contract was awarded and entered into on October 11, 1968. ~he actualprelimina{y ~ork ~ommenced on'~ctober i4, 1968.' This project was almost entirely the installation of equipment and, therefore, Was depe~dentuim the mannf~c{u~lng of certain PreciSion equipment; The contractor encountered veryconsiderable.delaya in tE source of.this equipment as had been originally consid~ed from a'pnrticular supplier when he submitted his bid.. The end result was,that when the.210 days hadexplr~d the'con{r'aot 'was no where n~a~ completed on'that date of May 12, 1969. There had been much in.volvement of the contractor with his prime supplier and with the City and ~msultants during that period of time. There is much background correspondence to all of this. Shop drawings had to be obtained and approved and dueto a delay in handling of these shop drawings in consideration of the time that was neoessar! roy thew to pa'iS back.uud;forth..to oar~'~oiiu~ants,~ etc., we udminlstrutivelyl all~owed ;to~.~he ~bn~c~to~' u~20'~i~bx~b¥i~n time or co'd~)etiu'nw~ich i~t'.tie%datb*'~f~¢6nple~J~'~'Ju'ab 10, 1969. The actual date of the contractor*s conpletion of_the work was November 5, 1969.- From June,-lO.to November 5 was 148 days+ -~he contract carried · $50 per d'ay conpe~iatlon pr+wish which based on the 148 days would have given the City u recq~ery of $70400 against the contract amount of $19.700. Since the completion bf. tha~6rk we have been in such discussion. correspondence+ et.+ wltS-thec6nttautov and our consultants ua to the best feasible manner in which tn resolve the situation. Nhlle we recognize that the prime conkract~'ttself mis no't:~eiponaible'for the delay nevertheless the ubligatfon is carried under the contract. ~he performance of the coutvactor'othermlse~waa'eutlrely s~tilfoctory and we feel that we have a ~ery good Installation. Beyond the value of the equipment installed and supplied by a subcont~aotor', 'the a~t~al physical work on the part of the prime contractor mas bery snail in relationship to the total contract. ~e have felt that'some arbitration in the matter is o wide range of alternatives under which the mutter can he arbitrated and there is a wide variety of bases ul~n which the situation can be Judged. A prime element la th~ Intent of the project was · savings'in' salaries. Ne have ultimately turned to this as a possible basis which to arbitrate, There is some difficulty In precision on this point because of the changes that took place physically wi~h respect to the person] in~olved and the fact that there ~as related ~ith respect to the personnel matters of one employee retirement and one employee Our best c~lcalatlons are that the money actually paid for salaries by operators at the Crystal Spring station from June IO to ~ovenber ~.'1969, was ~12,09~.32. ~e calculate that if the automation had been completed and installed on June 10 that the actual amount that ' the City perhaps would ha~e pn~d would have been'$9,~ll.32. ~he difference between these t~o amounts is ~2.386.00. ~hls we ~ould Judge would be an amount that the City would not have paid had the work been completed. ~he City Attorney has Joined with ~e In del]hemal+ns on this, along frith ~ consultants a~d our Water Department Manager and Engineer. It is the reconmendnt~ that this amount be deducted from the contract obligation and that settlement be made with B; F. Parr+at ~ Co., Inc,. for ~1~,314.00. ' · he Go~t~Gto~ ~S agreeable to this. It is recommended that the City Council by appropriat~ ordinance authorize payment to B. F. Parrott ~ Co., Inc.. of $17,314.00 as full settlement ~or:the automation ~ork at Crystal Spring, making the allow- ance of the deduction o~ ~2,~8~.00 for delay in completion. Respectfully submitted, SJ Julian F. HAtst Julian F. City Hanager' Mr. Lisk mo~ed t~ Council concur in the Fac+emendation of the Ctt~ ~anager and offered the following Resolution: (=19434) A RESOL~ION auth6FJzing a~certain ~ettlement of the City's Contract 'L' for automating the Cr~stalSp~in9 Pu~ping Station. (For fall text of Resolution, see Resolution Boo~ No. 3~. page 48) Hr. Link moved the ad0ptio~ o~ the Resolution. The motion was seconded b7 Mr. ~heel~r and adopted b~ the foil+win9 voto: ·ebbor ........................... NAYS: Hone O. ,283: MATER DEPARTMENT: The City Managers~bmitted a uritten report transmittin, an annual report of the Water Department for;.the fiscal year 1969-TO, Mr. Wheeler moved that the report be received and flied. The motion mas seconded by Mr. Trout and unanimously adopted. MUNICIPAL BUILDING-CAPITAL IMPROVEMENTS PROGRAM: The City'Manager submltt a written report transmitting copy of n Resolution adopted by the Ro~rd of Supervisor of Roanoke County at its meeti'ng au Wednesday, November 25, lq?O, extending to the Mayor, the Members of Council and the citizens of the Ci~ of Roanoke~ the congratulat of EonnokeConnty on the dedication of the new Municipal Building Annex. Mr. Whee~ moved thnt the'report and Resolution be received and filed. The mat i al was seconded by Mr. Trout and unanimously adol~ed. CITIZENS* ADVISORY COMMITTEE-WATER DEPARTMENT: The City Manager' submitted a written report transmitting a'Resolntfon adopted by the Citizens' Advisory Committee at its meeting on November 11, 1970, requesting that Council adopt an Ordinance to govern and csntrol the banks of the Roanoke River through its boundaries from the west to the east city limits requiring all property owners of land bar. ring both sides of the river banks to clean and maintain a setback of at least 25 feet from the mater edge of all refuse and other uhdesirable undergrowth. In t]i s connection, the Reverend Calvin B. Fulton, Vice President of abe Reverdale Civic League and Vice Chairman of the Southeast Subcommittee Member, Citizens*A~visory Committee, appeared before the body and presented slides of the present condition of Roanoke River. M~. Thomas moved that the matter be referred to the City Planning Commissio and the CatI Attorney for study, report and recommendation to Council. The motion was sea~ded by Dr. Taylor and unanimously ado~ted. SALE OF PROPERTY-SCHOOLS: The City Man, er submitted'a written report transmitting c~py of a communication w~itten by him to the Southwest Virginia Community Development Fund in connection with their interest in acquiring the London Elementary School proper~y, udvising that he will contact them prior to any definite steps the c~ty might begin to undertake with regard to the property, Mr. Lisk moved that the report be received and filed. The motion was seconded by Mr.'Garland ~nd unanimously adopted. FIRE DEPARTMENT: The City Manager submitted the following report transmitt ng three offers be made to the City of Clifton Forge in connection with a fi~e on Decem- ber D, 1970, which destwed' their fire station and fire equipment and recommending the concurrence of Council in the willingness of the city to loan equipment to Clifton Forge: ~Roanoke, Virginia December 14, 1970 Honorable Mayor and City Council Roanoke, Virginia As a result of ~h~ extreeel! unfatunate fire in Olfton Forge on December 9, mhlch destroyed their fire stuklon and rite ~uipnent, I advised.thed that evening of t~e offering by Roanoke to any of the following: 1~ ~ complement of eqgpment and personnel overnight should they have had an immediate emergency following the fire. 2. The availability of Roanoke Department to travel to Clifton Forge at anytime for backup or assistance ~n any large fire. 3. The loan of a truck or trucks from our department until ~y can re-establish their equipment. · The above is as advice end I would recommend to the City Council, if the Council is t~'ugreenent, concurreoce by the City Council in confirming the willingness of the City to loan equipment to Clifton Respectfully submitted, S/ Julian F. Hirst Julian F~ Hirst City Manager" Mr. Mheeler moved that Council concur in the recommendation of the City meager and offered the following Resolutim: (m19435) A RESOLUTIOE approving the City*s offer to tM City of Clifton Forge of assistance and fire protection equipment to n~t an emergency arising in the City of Clifton Forge. (For full text of Resolution, see Resolution Hook No. 35, page 55) Mr. Wheeler moved the adoption of the gesolutim. The motion was seconded by Mr. Lisk and adopted by the follow~ng vote:' AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor #ebber .......................... 7. NAYS: N~e ............. -0. APPOINTMENTS-FIRE DEPARTMENT: The City Manager submitted a written report advising that Assistant Chief R. M. Hancock, Fire Marshall C. C. Holt, Assistant · Chief F. J. Morgan and Drill Master Daniel R. Sink now join with Chief Alfred g. Hughson as the c~nplenent of staff and command officers within the Fire Department of the City of Roanoke. Mr. #heeler moved that the report be received and filed. The mot i~ was seconded by Mr. Trout and unanimously adopted. APPOINTMENTS-PLANNING: The City Manager submitted the following report advising that he has appointed Mr. Nathaniel M. Griffin, presently of Racine, Miscue* sin, as Assistant Planning Director, effective January 1, 1971: "Roanoke, Virginia December 14, 1~?0 Honorable Mayorand CityCoo~cil Roanoke, ¥iroinia Gentlemen: This is to advise of our employment of an Assistant Planning Director to fill the vacancy that has prevailed for about two months. 285 He is Hathanfel*H;-Gdffin;'age 29~presentl~of ~ocl~e, Wisconsin, Re wat~born In Ru~f&lo; Sew'Yor~ ~Re:grnd~t~d £rcm WashingtOn and Lee Dnl~ersJty'bitb t~B~.~A:~dDgr~e*lu 1964 h~d~from~Ohio~State University in 1967 uith a Masters Degree.in Qty~Plannlag, 'Re-was · member or the R. $. Marine Corps Reserve from 1961 to 1~67. He nas employed in bank- ing in 1961 in Loulsville,~ie~tuohyb following his graduallon from W. ~ L. ;-': . in 1967'be'~&lhed*{he'f~m~f Ha~land~aartholomeu. aa~ Associates, a nationally knoun consulting planning'firm. 'For that firm, he nas resident planner in Harllugeno Texas, In 1969, resident plsnner for~ae NorthwestloMalRegion from 1968 to 1969 and during 1969 went for the firm to:the Racine Urban Planning District mhern he has been employed up to this time. This wOfh ~om~su of the development of planning studies, collection and'anal~nihg of community data~ preparing planning reports, the preparation cf comprehensive plans for tM s large planning district. Mr.' Griffin is A member*of the American Institute of Planners and the*American'$dciety of Planning Officials.~ The area in nhich he l~ involved Is much the Size of the R~noke Valley area, his murk is in conjunctioo with a regional planning commission and with the local governmental agencies and we feel is very goodbackground for the staff murk that mould be required here. His wife is from Corpus Crlsti, Texas, and a gFaduate in Education In Texas A ~ I~ He will come to Roanoke effective January 1, 1970. Respectfully submitted, $/ Julian F. Hirst Juliau F; Hlrst City Manager* Mr. Wheeler moved that the report be received and filed. The motion mas seconded by Mr. Trout and unanimously adopted. INTEGRATION-SEGREGATION: Council havJ~9 referred to the C~ty Manajgr for study, report and recommendation a report of the Community Relations Committee Sub- committee on police-community matters making several recommendation for the improve- of police-community relations, the City Manager submitted the following report: · Roanoke, Virginia December 14, 1970 Honorable Mayor and ~y Council Roanoke, Virgin The City Council on July 6, 1970, received a report from your Community Relations Committee dealing with recommendations ol the Committee were as follows: 1. Th~ Roanoke City Police Department is aware of the need for improved police-community relations ~nd is eorking toward this goal with improved training programs which emphasize the issue. However, in none of the trainin~ to date have black instructors taken part. This committee recommends that blacks participate In future police traJ~q programs the area of police-community relations. ' 2. Reports from black youth state that tnereappea~s to be some improvement in Roanoke Clty'Pslics-Community Helatio&s 5ver the past year. 'Further improvements can be made, however, particularly in terms of continuing contactbet~een the police and the community. This committee recommends that police representatives meet on a regulgr'basig'witnblac~ civic and · church g~ups such as th~ NAACP, clergy 'and youth'at the Kuamka Center or Eurek~ Park to listen go grievances and cooper- ate on improving police-community relations. :3.' Uotieg the effectiveness-of efforts in other oities' for improv- 'lng police~eoumunJty Telutionst tbis,eommittee.nlao'reoommends the app6ihtken~ofn'p6~i~e,~ffieer wire'special responsibilities to'take the'initl~t~ve'fer~a continu~ug~progrnm in improving police~comnunity~,relat,ion?.,. ~ , ~ ' ' 4. In the ligh~ of t~ increasing cr~e r~tein t~e'~i~st-quarter ,of 19?Or the coui~tee recommends increased surveillance by police fa high crime areas of abe city. The committee elsa recomnepds more police:,pap~gmer'be~ayaliuble~duriug the hours ~tmeen 11:0~ p.m. and.6:OO~n,m.~tkroughout the city. ' 5.~ Flnally,~this-committeo~urgo$ Roanoke'City Council, ~u its .policy making and appropriation or funds~ to provide for the police department.safilo!eat manpower,'t~ufnlng end equipment to effectively m~et Jta'responsibllities~lh law ~nforcement ond.~omm~nity relations. * The City Council referred this report to me for study and report. ihile I spologizb for the time that has. been allowed to e~spse, I do though feel that the time has been beneficial in.enabling u broader analysis of the condition~ as relate to the recommendations and, in instance, in enabling report of certain accomplishments. The concern and interest of the committee 15 appreciated. As. the committee*s July report stated, personnel of the Police Department have met with The following are item-by-item responses to the recommendations. Some answers can be hctual in this overall subject, some can be only 'generalized or speculative. Such perhaps Is the Story of the whole police-communityrelations scene in Roanoke end elsewhere.- ~here my observations may be what would he termed negative, the Intent ts net to reflect either on the committee for having made a suggestion but rather because'the po~t itself lends itself, at least at this time, to such a fe~ling~ 1. Black instructors are now taking part in training programs. Recent recruit training programs have incorporated, as a part of the curriculum, sensitivity training, using black instructors from within the Poll~e Department and civilian personnel from the black community. In fact, a member of the NAACP partici- pated in a two-hour lecture discussion in a very recent dis- 2. During the calendar year 1970, to November 30, eleven months, members of the Police Department have made appearances before numerous groups as listed below. The number of appearances listed in each category is a minimum: Civic Groups 20 Business Groups 6 Church Groups 46 Student Groups 32 Youth Grmps (not associ- ated with school or church) 21 Professional Group 23 Total 150 ., These appearances include business, safety ~nd securityconsulta- tion, lectu~s on specific social and criminal problems, pa~ticipation in panel discussions, question and nnswerprograms, guidance conferences, et cetera, and involve black groupi, white groups and m~xed black and white groups. The ~ature of these appearances has ranged f~om very formalized and orderly programs to ~ssions where the policeofficer or officers present have been 'taken apart.* .They have ranged from groups who are extremely concerned aboqt the protection of the community to gm~s with minimum regard for law enforcement personnel. They have varied from audiences seeking assistance and adri!e from the police to audi- eices conducting total gripe or grievance sessions. This is illustrative of the flexibility within which officers must perform in' meeting a wide variety of attitudes within the City. Ac~pting even the very best training and skill within apolice officer, this still becomes a difflcultrole within' which to act and which to always understand. The accsmpanying recommendation of the committee that officers. neet on a regular basis with certain specified groups to hear giievances has some:me,lt. However the're is &'limited availability of personnel roe sach. purpose,: Even more lmportsnt:thougb:ls~thst, In view or the variety ·nd qusntlW of interests i· the City, there mould hive to be question ss to Justification.of personnel and time, in such amounts, to only , rem group· or persons, There is'in~u~! o~ this in sddltiousl point thst must be recognized and given attention. At &Jmes before gro~z, the policeufflcer In placed tn u totally defensive position of:beiog~ensmersble for the laws of the land, the order of society or the'rules of the peace of u community. These con be batter· for beyond his control and Jurisdiction. I member appeared, on an youth-adult panel organized by · church in the City. Interpreting from the uema stories, the officer ~a· fairly well chastised h~ve been resolved by ethers, including parents. This latter poi.n.t leads into n broad subject of what is the pollcemants responsibility and what in not. For a city or a community to feel that It has satisfied itself because it ·end· a policeman out to one meeting or another fails the need. There is a role that parents, the'various levels, and others must all fill. Those roles are possibly more needed and can be more significant than dependence totally upon the police of£1cer. 3. There have been in cities aero·· the cquntry many different approaches to so-called police-community relations. Success and effectiveness have differed even as to the same program ia different places. In localities where even the greatest effort bas been made there bas been the greatest failures or still the greatest problems. There yet does not appear to have been determined a best arrangement suitable to all localities. All hinds of gimmicks have bean tried and there are undoubtedly still none not thought et. Xere in the post couple of years ~ e Police Department has approached community relations by placing emphasis on participa- tion of a large comber of police personnel in each category of assignment os opposed to u single officer or group on a specialized assignment. The fact that the appearances cited above involved a number of different officers is only one example of this. The thhory is that by the character of his OF her duty work and community involvement, each officer to the extent possible should have direct association in commnnity relations. Nhen teh objective is understood, and to an extent practiced by all personnel then, the special individual or unit become· practical. Otherwise, the teodeoc~ with one comm~it! relations person or a specialized unit is to shift the whole load there without total department understanding. We do not rule out the community relations man but we feel timing is the important consideration to make the assignment worhable. 4. Such increased patrol or surveillance is desirable. #ithin the number of personnel now available we feel me are attaining the eaximum possible both as to regular assignments and duty and ar~a arrangements under flexible options. 5. As this recommendation is expressed to the City Council it will not be commented upon here. I f we can advise f~ther in these matters, we will be glad to do Respectfully submitted, S/ Julian F. Hlrst Julian F. Hfrst City Xa~~ In a.disc~ssion of 'the matter, Hr. Thomas expr~ed the opinion that he is er7 disappointed with the re~ort in the area of police community relations, that it ailed to mahe any recommendation for improvement or show how the Police Department is worhiug in tee field of community relations, that it is essential that the Police feels the Police Depurtnent must maintain n good undnratmding mith the public. Heusrs. Garland and Llsk expressed the opinion that the City Rsnuger cuuno~ do n Job well ui~ out needed personnel and equipment and that the City Runsger conno~ be held rmsponsible for this because he asked for the needed personnel nnd equipment and Council cna the request out of bis budget. Mr. Lisk expressed the opinion that the City or Roanoke is in dire need or a ~ublic infurmution director Whose Job would be to handle programs of the Gity unanimously adopted. POLICE DEPARTRENT-FIRE DEPARTMENT: Tk City Manager submitted the follomln, for the month of November, 1970: ~Roanoke0 Virginia December 14, 1970 Roanoke. Virginia Listed below is the status of the Police ad the Fire Deportment as of November 30, 1970: Carolyn R. Ray, and, Clerk-Stenographer July 9, 1970 November 20, l C~'O Ending November 30, 19]0 (3) vacancies* S/ Julian F. Hirst Julian F. Hirst City Manager" the low bid of the Gulf Oil Corporation be accepted for supplying bate regular and and ending December 31, 19711 'Roanoke, Virginia December ~4, 1970 Honorable Mayor and City Council ,Rounohe, Virginia ' ' .... '' .: .. Gentlemen: · ' ,' '; .,. :..,. . After due and proper-advertisement, bids we~ ~eelved in the office of the Purchasing Agent until ll:O0 a.m., December'l, 1970, and publicly opened and read before the undersJgh6d-committee, tar supplying automotive gasoline to the City e~Roanoke for the period beginning January 1, 19?l,-and ending=December 31, 1971. Of the seven bldf recelved,'tbe Gulf Oil Capuratlen submitted the lowest and best bid. Therefore. it'is recommended that the bid of Gulf Oil Corporation'be accepted for supplying both regular and premium gasoline to the City Garage,.regular gasoline to the Water Department and premium gasoline to the Fire Department in full conformance with the specifications and requirements of the City of Roanoke.. The 'Posted Consumer Tank Warm Prices' as shown 6n the attached tabulation form are based on current prices at RSanoke, Virginia, and are to be adJusted to any Increase or decrease of the · Posted Consumer Tank Ragon Prices* la effect at Roanoke, Virginia on day of delivery, but the discounts will remain unchanged through- out the contract period. Respectfully submitted, S! Byron E. Hamer Byron E. Hamer S/ #llliam F. Clark Rilliam F. Clark S/ B. B. Thompson Bueford B. Thompson" Dr. Taylor moved that Council concur in the recommendation of the conmitte( and offered the following emergency Or~ nance: (#19436) AN ORDINANCE accepting certain proposals for furnishing regular and premium 9rude gasoline to the City Garage, for furnishing regular grade gasoline to the Ctty*s Rater Department, and for furnishin9 premium gasoline to the City's FiFe Department for' the calendar year 1971. upon certain terms and conditions; reject~g certain other bids received for furnishing the City's aforesaid gm. line requirements; and provteing for an emergency. (For full tex~ of Ordinance. see OrcFnance Book No. 35, page iL) Dr. Taylor moved the adoption of the Ordinance., The motion was seanded by Mr. #heeler and adop~ed ly the following vote: AYES: Messrs. Garland, Limb, Taylor, Themes; Trout, Wheeler and Mayor NAVS: None ............... O.- FIRE DEPARTMENT: The City Manager submitted a written report advising that on December I0, 1970, a fire of undertermiued origin ~maged a three-story b~ilding located at 332 Salem Avenue, S. W., that the fire left the structure in,such s condition that the remaining malls and upper stor~s presented a hazard to life and ~ropert~ in the immediate area that, after' definite contacts and efforts the Building :ommissioner was unsuccessful in obtaining immediate or definite prospective action by the owner for the removal of the htlding, that the Building Commissioner then consid- ered it necessary to proceed under provisions of the Building Code to lease equipment eat and~' employ persons experienced in this type of work tobegln razing structure on Saturday, December 12, 1970. and that the City Manager further proceeded ~nder Section 41 of the City Cbarter to authorize this emergency work and mith e repoz to Council for any confirming action the body mar deem appropriate. Hr. Llsk moved that Council concur in the action of the City Manager and zffered the following Resolution: (z19437) A RESOLUTION appffovlng, generally, emergency actions of the City manager and the Building Co~missioner. taken towards the removal of unsa(e portions ~f a building at s332 Salem Avenue, S. M.. destroyed by fire on December 10. 1970; ~uthorizing and directing the city's payment of the cost of such nork; and directing that proceedings be taken by the City for recovery of the cost of all such work. (For full text of Resolution, see Resolution Rook No, 35, page §2.) Hr. Lish ~moved the adoption of the Resolution. The m~ion mas seconded by mr. Thomas end adopted by the following vote: AYES: Messrs. Garland. Lisk, Taylor, Thong, Trout, Wheeler and Mayor lebber ......................... NAYS: None .......... O. RUN1CIPAL COURT: Council having referred to the City Attorney to ascertain nhether or not Council has any Jur~dJction in connection with a comnuni~atlon from Ir. Robert G. Jones. advising that he was t~ied in his absence in Municipal Court and fined $200.00 plus court .costs and request~g the return of said $200.00 plus court oats, the City Attorney submitted tne following report recommending that Council ecline to order return of the fine heretofore assessed: "December 14,1970 The Honorable Mayor and Members of Roanoke,City Council Roanoke, Virginia Gentlemen: At your meeting of November 30. 1970, a commnnimtJon from Mr. R~ert C. Jones, requesting the return of a fine of $200.00 plus costs'was referred to this office for an investigation and re~. The investigation conducted by this'office reveals the folloming facts. On May fl. lqTO. Mr. Jones was stopped on 3rd Street, S. M., as a result of operating a~notor'vehicle in the City of Roanohe without u City tn~. Ue was, at the same time, charged mlth driving a vehicle on City ~treets without an operator's license. On June 9, 1970, he mas tried in his absence and fined $200.00 and given .a 30~day jail sentence for'the vio- lation of operating a motor vehicle wi~ out an operator's license. He was also fined $50.00 plus costs for not having a City tog. These appear not to have been Mr. Jones* first traffic violations. The 30~day jail sentence was suspended when Mr..Jones later paid the fines. He is now seeking to recover from the City one et the ~nes that was paid ns a result of his conviction. Sec. 1~.1-132 of the Code of ¥irgfnin provides a means for an appeal from a decision of a court not of record, but which must be taken uita in ten days from the trial in the lower court. In order to question the verdict of the court, Mr. Jones should have followed the proper appellate procedure. Mr. Jones did not follow this procedure, but rather, now is approaching the Council, seeking a refund. It is not wit Mn the powers of the Council to overturn or override a verdict of the court. The City Council is a legislative body and as such, should not intervene in matters of a judicial nature. The proper procedure for Hr. Jones'to have followed if he wished to question the verdict would have been the noting of'an appeal from the verdict ~f the court not 'of.rec6rd. I must therefore recommend that-this Council d~c~ue to order return of the fine heretofore assessed on the applicant to the Council. Respectfully submitted, S/ Edward A. Hart. ,. Edward A. Nutt, Assistant City Attorney"' Hr. Tho~ns' moved 'that the report be received and filed. The motion was seconded by Hr. Wheeler and unanimously adopted. S~REETS AND ALLEYS: The City Attorney submitted the following report recommending that all of a certain ten fo~t wide alley, appr~lmatel7 355.5 fee{ in length, running in an east west direction from the west line of Second Street to the east line of Third Street, S. W.. through a~ock S, be vacated, discontinued and 'closed and recommending that a public hearing on the question be held at 2:00 p.m., Honday, February 1, 1971: "December 14, 1970 The Honorable Hayer and Hembers of Roanoke City Council Roanoke, ¥ir~ nia Gentlemen: The United States of America has now acquired, in addition to the Lee Junior High Schoo.l prq~rty, all of the othe.r properties in the block bounded ~ the above-named streets, the site being intended for the erection of a new Federal off, ce. building in the C~ty. The buildin9 intended t~ be erected on the property would be of such size as to occupy the major portion of the 10-foot wide public alley running through said block in ah east-west direction between 2nd and 3rd Streets, The Government, through its General Services Administration, has, in writing addressed to the City Uanager, ~eque~ted that the City take such action us in necessary to formally and permanently vacate, close and discontinue'the entire of said alley, the tf~b to the land in wh~h alley would, in my opinion, revert to the United States of America upon such closing, that Government now being the owner of all land abutting on said alley. I am advised by the City Engineer that such public drains and lines in said alle~ serve only tn*se properties in the block which abut m Day Avenue and that the Government, now awning all such lots and properties, will have no ft~ther need or use for any of such facilities. Further, I~am advised that no gas, telephone or electrical u~ilities occupy an~ portion of the above-mentioned alley and, consequently, meed mot be considered in any proposed closing of the alley. Assuming tha~ the ~ouncil will'denire to accede to the request of the Govern~ent~ to permanently vacate tie afgresaid alley and wi l~ on its own motion, initiate the statutory closing procedures, I have prepared and tramsmit herewith for the Council's conslderatlon a resolution by which the Council would,~l its own motia~ initiate proceedings for the above-mentimed purpose by appointing statutory viewers, by referring the proposal to the City Flanning Commission for that bodyOs recommendation on the proposal and byprovidin9 for a public hearing later to be held before the Council on the pro~osal, at the time of which I~ar~g the viewer's report and Planning Commission*$ recommendation would be anticipated to have been made to the Council. I may ~tate that the City ~anagor joins with the undersigned in recommending the Council's ado~ ion of the above-mentioned.resolution. Very truly yours, S/ J. H. Ki~canon J. N, Kincanon~ Nr~ Wheeler uffered the'followisg Res*olution appointing viewers in connectf with vacating, discontinuing smd closing the alley: (a19436) & RESOLUTION Initiating proposal of'the permanent closing, vacat- ing, discontinuing and abandonment or all of that certain lO-foot wide alley, approximately 355.5 reel in length,-runnlng in an east-west direction from the west line of 2nd Street, S. W., to the hast line of 3rd Street, S. W.. through Block Sheet No. 2 $. W.. of the Map of the CJtyts Official (For full text, of Resolution. see aesolut~n Book No. 35. page Wt. Wheeler moved the adoption of the Resolution. The motion was seconded by Hr. Lisk and ad, ted by the folloming vote: AYES: Wessrs. Gar land. Lisk, Taylor, Thomas, Trout, Wheeler and Hayer Webber ................................. 7. NAYS: None ................. O. Mr. Nheeler then moved that the question of vacating, discontinuing and closing the alley be referred to the City Planning Commission for study, report and recommendation to Council. The motion WaS seconded by Mr. Lisk and unanimously adopted. BUD;BT-DEPART#BMr OF P~BLIC WELFARE: The Assistant City Auditor submitted n written report analyzing three public welfare categories which will need supple- mental appropriations by the end of the fiscal year and pointed out that the eh]re of the City of Roanoke will amount to $96,O72.19. In this connection, Wiss Bern'ice F. Jo~es, Director of Public Welfare, appeared before the body and advised that the Department of Public Welfare is receiving upproximutely 300 upplicati0es' per neath for public aid with two-thirds being eligible for aid, that the greatest growth has been in the Aid to Bependent Children category which has produced approximately 600 more cases than one year ago and that changes established by the State of Virginia in July, 19~9, also With farther reference to tae matter, Pather Edward J. WcOonough, ReCt)r, St. Gerard's Catholic Church, a~eared before the body and urged that ·Council pay to recipients of Aid to Dependent Children the ten per cent decrease made by the State of ¥irginiu from projection of need. After a discussion of the report, Mr. Thomas moved that the matter be referred to the City Auditor and Miss Bernice F. ~ones, Oirectoref'Public Welfare, for the purpose of preparing a mouth to month breakdown of expenditures of the ~epartment of Public Welfare from Julf 1, 1970, to December 31, 19f0, and report back to Council. The motion was seconded by Hr. Trout and anauimously adopted. AUDITS: The Assistant City Auditor submitted u written report of the 5Sty Auditor on u financial report of the City of Roanoke for the mouth of November, 1970. i I 293 Mr. Thomas moved that tne report be received and filed. The motion was seoonded by.~..Trout and unanimously adopted. AUDITS-SCHOOLS: The Asslsta~.~ City AudltDr submitted a mritten report of the City Auditor on un examination of the records of the Monterey Elementary School for the school~ar.., ended Juno 30, 1970, advl~ng that the records Were in order end the Stet.Lment of Receipts and Disbursements reflects recorded transactions for the period and the fl~nnclal condition of the fund nt'th~end of the audit period. Rt. List moved that the report be received and filed. The motion wu ;ecoeded by Mr. Garland and unanimously ado@ted. AUDIT~-SCHOOLS: The Assistant City Auditor snbmitt?d a written report )f the City Auditor on an exnminat~n of the records of the Preston Park Elementary School for the school year ended June 30. 1970, advJsin9 that the records were in order and the Statement of Receipts and DiSbursements reflects recorded transactions for the p~'iod and the financial condition of the fund at the end of the adit period. Mr. Lisk moved th~ the report be received and filed, The motion mas seconded by Mr. Garland and unanimously adopted. REPORTS OF COMMITTEES: AUDITORIUM-COLISEUM: Council having referred to a committee for tabulation report and recommendation the bids received on the construction of the proposed road to the Roanoke Civic Center from Second Street, N. E., and tun lng lane widening Milliamson Road, H..E.. at the Roanoke Civic Center, InclUding ~nderbridge lighting and signal work, the committee submitted the following report recommending that all bids be rejected and that the project be readvertised for bids, taking separate bids for the road work and the electrical and signal mark: 'To the City Council Roanoke, Virginia After proper advertisement, bids were publicly opened and read at the regular meeting of the City Council at 2:00 p.m.. on Monday, November 16o 1970, for construction of the proposed access road to the Roanoke Civic Center from Second Street, N. E., and turning lane widening on [illiamson Road, N. E., at the Civic Center, including underbridge lighting and. signal work. Three bids were received. The lam bid mas submitted by H ~ S Construction Company of Roanoke, Virg~ia, in the amount of $113.104.66. A tabulation of the bids and unit prices received is attached to this report. The City's estimate for this work was $99,000.00. The low bid is 15~ higher than this.estimate. A review of the electrical and signaI portion of the total indicates that all bids received are $6~ higher than the City*s estimate for this portion of the work. Since the electrical and signal portion of the bids are so much higher than the estimate, it is your committee's recommendatim that~ 1. /.All'ds be rejecte~; and ~hat the poject be readvertised, taking separate bids for the road mark and the electrical and signal work. Respectfully submitted. S/ Byron E. Boner Dyron £. Hamer. Chairman Assistant City Manager 5/ Willfon F. ¢l~rk William F. Clar~ Director of Public Works S/ Sen'~ H. McBhee. Ill - Sam B.-McRhee, III City Engfnees" Mr. Lisk moved that Council concur in the recommendation ox the committee end offered th~'folloul~g Reiolution: (al@43g) A RESOLUTION rejecting all bids received for constructing an access road to the Roanoke Civic Center from Second Street. N. E., and turning lane widening on Mllllamson Road. H. E.,.at the Roanoke Civic Center, including under- bridge lighting and signal mork, and directing that the matter be readyertised for bids. (For full text of Resolute. see Resolution Book No. 35, page Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Mt.Garland and adopted~ by the folloming vote: AYES: Messrs. Garland. Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber .......................... 7. HAYS: None ............. O. DNFINISHED BUSZ{'~SS: ZONING: Council having referred to the City Planning Commission for study, report and recommendatim the request of Mac-Day, lnarporated, that a 1.35-acre tract of land located on the south side of Grandin Road, S. M., described as Official Pax Ho. 1630210, Garst Lands, be rezoned from RS-2, Single-Family Residential Districl to R~,Duplex Residential District, the City Planning Commisskn submitted the folloming report recommending that the request be denied: "December 3, 1970 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke. Virginia The above cited request was considered by the City Planning Commission at Its regular meeting of December 2, 1970. Mr. C. Richard Cranwell, attorney for the petitioner, appeared before the Planning Commission and noted the following relating to this petition: (a) that the petitioner plans to construct duplex re~tal units on each of the two 70-foot, lots, consisting of three floors, (including basement), and renting for about $160 a month. (b) that the existing single family structure located within this parcel will be Improved. Mr. John Nhitmore, Jr., appeared before the Planning Commission as a representative of the ~ighborhood. (It should be noted that there were ~out 30 residents of the area in attendance at this meeting.) He presented and read a petition signed by 139 neighborhoodresidents mbo were opposed to this rezoniu9 petition based on t~ following considerations: that this rezontng constitutes spot zoning; that 295 that this renaming would set a bud prenedenc~ nnd~ riunlly~ that the residentshd~lnvested heavily in land.and improvements~ln the hope that the single family character of the urea would be maintained (see petition). Hr. Mhltmore displayed a ~tp delineating the general locations or the residents aha had signed the petition. One resident.np~enred before t~e Com~issinn aid recommended that the petition sell this property aa that single family units could he built, in keeping mith the character of the area.- The Flanning Director noted that the rezonlng request was not in beefing mlth the general character of the area, and mould in effect constitute a spot zoning situation, Accordingly, motion mas made, duly secouued and unanimously approved recommending to City Council that this request be denied. Sincerely, S! John H. Partner by John Ho Parrott Chairman~ In this connectiun, a communication from Mr. C. Richard Cranwello Attorne] representing the petitioner, requesting that his client be permitted to withdram their request for rezoning, mas before Council. Mr. Wheeler moved that Council con'cur in the communication to mitbdram the request fo~ renaming. The motion was aecoflded by Mr. Thom~s adopted. CONSIDERATION OF CLAIRS: HONE. INTRODUCTIO~ AND CONSIDERATIO~ OF ORDI~T~C£S A~D RESOLUTIONS: MUNICIPAL HUILOI~G-CAPlTAL I~PROYER~NTS ~ROGRAM: Council having directed the City Attorney to prepare the proper measure authorizing a certain amendment to the agreement heretofore entered into between the City of Roanoke and Ha~es, Sanyo Hattern ~ Mattern, Architects and Hngineers, under date of June 2~, 1967, he present* same; whereupon, Mr. Garland offered the following Resolution: (u19440) A RESOLUTION authoriz~g a certain amendment cf the agreement heretofore entered into betmeen theCity and Hayes, Sony, Hattern ~ Mattern, Architec - Engineers, under date Of June 2~, (For full text of ~esolution, see Resolution Hook No. Mr. Garland moved the adq~ion Of the Resolution. The motion was seca~ed by Mr. Trout. In a discussion of the matter,'kessrs. Lisk, Taylor and Thomas expressed th opinion that Council ~uld review the mat~er with the architects as to what the city expects before any final action is taken'with regard to adoption of the proposed Ordinance. Mr. Thomas then o~fered a substitute motJon'~l~' t Council ~eet m~tb the City Manager and Hayes, Seay, Mattern ~'Matteru, Architects and ~ngineers, as soon possible to review what bas been d~ to date and d~termine wha~ direction Council should follow with regard to further expansion or renovation.~ The motion was seconde by Hr. Taylor and lost by the folloming vote: AYES: MessrS. Lisk, Taylor and Thomas 3. NAYS~ Messrs. Garland, Troqt, ~heeler ned Moyor Webber The original motion was then 'adopted by the foil,ming vote: bYES: Messrs Garinnd, Llsk, Taylor, Trout, Wheeler ned Mayor Webber----6, NAYS: MF~ Thomas- ~UD~ET-ROANO~E VALLEY REGIONAL HEALTH ~RVICES PLANNING COUNCIL, INCORPOR- ATED: Council having directed the City Attorney to prepare the pDper measure permitting the participation by the City of Roan,he in a program conducted by the Roan,he Vnlley Regional Realth Services Planning Council for the year ending June 30, 1971; and mahing provisions for possible further participation in said program during the next fiscal year, he presented same; whereupon, Dr. Taylor offered the following Resolution: (n19441) A RESOLUTION permitting the City*s participation in the program conducted'~by Roan,he Valley Regional Realth Services Planning Council for the yenr ending June 30. 19T~ and nahing provisions for possible further participation in said pr,gram during the next fiscal year. (For fuji text of Resolution, see Resolution Rook No. 35, pageS%) Dr. Tnylor moved the.adoption of the Resolution. The motion was seconded by Mr. Thomas amd adopted by the foil,ming ~ote: AYES: Messrs. Garland, Lisk, Taylor, Thomas. Trout, Nheeler and ~ayor ~eb~er NAYS: N~e .............. O. Dr. Taylor then offered the foil,,lng emergency Ordinance appropriating }2,??O.O0'to Roanoke Valley Regional Health Services Planning Council, Ingorporated, under Section x32, ~Other Realth Agencies,' of the 1970-71 budget: (#19442) AN ORDINANCE to amend and reordain Section S32, ~Other Health Agencies,' of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Lis~ and a~pted' by the following vote: AYES~ Messrs. Garland, LARk, Taylor, Thomas, Trout, Wheeler and Mayor Mebbex 7. NAYS: None O. MOTIONS AND MISCELLANEOUS BUSINESS: LICENSES-TAXES: Mr. Thomas moved that a public hearing be held on Monday, December 28; 1970, at 2:00 p.m** in the Council Chamber in the Municipal Building Annex, on the proposed license tax Ordinance. The motion was seconded by Mr. Trout and unanimously.adopted. PENSIONS: Mr. Trout presented the loll,win9 prepared statement recommendin~ teat Council grant former city employees now covered by the Police and Fire Penaion System and the Employees' Retirement System u twenty per cent across-the-board pay increase, effective January 1, 1971, and that Council consider, at Its budget session, the establishment of u cost of living escalation clause for retired euployeea: 'December Il, 1970 Rayor Webber tad Members of Council: High on the list of domestic tragedies of 1970 mill be the economic loss of retired persons on fixed incomes, The rapid pace of inflation has placed un snfair burden on our retired citlnms ecpcially in the' areas of home fuel, old age insurance and the increase in food prices. Our retired employees, through their enthusiasm and dedication made ioanohe an All-American city and the efforts of many of these former employees have helped lay the ground-moth for us to once again return to the list of All American cities. 'I feel we could do an less for our employee~ than at the close of 1970 to grant these people an increase that would be within the limits of the total wealth o! this city: I do feel our city can ~ery mall carry the extra financing for a 20~ across the board increase. S/ James O. Trout James O. Trout" After a discussion of the matter, Mr. Trout moved that the statement be referred to the City Auditor to confer mtth George B. Back, Consulting Actuarie.s, the Board of Trustees of the Employeest Retirement System and the Police and Fire Pension Committee for study, report and recommendation to Council as soon as possible. The motion was seconded by Mr. Thomas and unanimously adopted. BUILDING DEPARTMENT: The City Clerk reported that Mr, J. M.'¥~tts has qualified as a member of the Board of Adjustments and Appeals, Building Code, for s term of five years ending September 30, 1972. Mr. Lish moved that the report be received and filed, The motion sas seconded by Dr. Taylor and unahimously adopted. There being no further ~siness. Mayor Webber declared the meeting adjourned. APPROVEB ATTE ST: City Clerk ........ Mayor 297' COUNCIL, REGULAR MEETING, Monday, December 21, 1970. The Council of the City of Roanoke met In regular meeting in the C6uncil ~hamber in the Municipal B~lding Annex, Monday, December 21. 1970, at 2 p.m** the regular meeting hour, with Mayor lubber presiding. PHESgNT~ Cancl~m~n Robe~ A. G~r~und, David K~'Llsk, Noel U. Taylor, Hampton U. Thomas, James O. Trout. Vincent '$. Nbeeler and Mayor Roy L. Webber---T. ABSENT: None-:---~ ................................ ~ .........O. OFFICERS PRESENT: Mr. Julian F. H~rst, City Manager, Mr. Byron E, Hamer, ~s$istalt City Manager, Mr. James N. Kincanon, City Attorney, and Mr. J. Robert Thomaa City Auditor. · INVOCATION: The meeting was opened mith a prayer by the Reverend Maynard ~. Pomell, Pastor, First Christian Church. MINUTES: Copy of the minutes of the regular meeting held ca Monday, Decembe~ 14, 1970, having been furnished each member of Council, on motion of Hr. Lisk, seconded by Mr. Thomas and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: ' A ~omnunication from Mr. Edward S. Kidd, Jr., Attorney, represent-[. lng Mr. Samuel J. Elliott, requesting that the southern portion of Lot 15, Block 5, Lee Hy Gardens Map, Official Tax No** 1610325, be rezoned from RS-3, Single- Family Residential District, to HG-2, Ueneral Residential District, was before Council. Mr. Thomas moved that the request for rezouing be referred t~ the City Planning Commission for study, report and recommendatim to Council. The motion was seconded by Mr. Llsk and unanimously adopted. BUDGET-~iITY SERGEANT-STATE COMPENSATION BOARD: Copy of a communication from Mr. Eermit E. Allmano City Sergeant, addressed to the Department of Helfa~e and lulaitutions, requesting immediate approval for the City of Roanoke to purchase tmo No. C. H. 40, General Electric ranges at a total cost of $1,69b.40, said amount to be shared two*thirds by the State of Virginia and one-third by the City of Roanoke, was before Council. Mr. Trout moved that Council concur in the request of the City Bergeant iand'that the matter be referred to the City Attorney for preparation of the proper measure appropriating the $1,666.40. The motion was seconded by Mr. Wheeler and lunanimously adopted. RADIO-TELEVISION: A communication from Hr Edward B Hatton President Information Transfer, Incorporated, expressing a desire to submit a proposal for a CATV £rauchise for the City o~ Roanoke, was be/ore Council. Mr. Lisk moved that the mutter be referred to s committee composed of Messrs, Vincent So Wb~ler, Cboirm~ and Soy B. Pollard, Sr,, for their information in connection with the~ study or the question of permitting the construction or s by Mr. Thomas and unanimously adopted. DEPARTMENT OF PUBLIC ~ELFARE-COBPLAINTS: A communication from #r. Cecil Simmons complaining or the.high cost o~ l~Jng compared mith the small amount or income recipients of publin welfare are paid, was before Council, Hr. Wheeler moved that tee'communication be received and riled, The motiox mas seconded by Hr, Thomas end unanimously adapted, REPORTS OF OFFICERS: DUDGEToCOCNClL~ The City manager submitted a written report recommending that $250,00 be appropriated to Dues, Hemberships and Subscriptions under Section al, #Caneil," or the 1970-71 budget, to provide funds for membership dues to the United States Conference of mayors. Hr. Thomas moved that Council concur in the recommendation of the City Ranager and offered the rolloming emergency Ordinance: (~19443) AN ORDINANCE to amend and reordaln Sec~on al, "Council," or the 1970-71 Appropriation Ordinance, and providing rot an emergency, (For full text of Ordinance, see Ordinance Book No. 35. page 59.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the follomlng vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas+ Trout, #heeler and Mayor Webber -7. NAYS: None ........ O. BUDGET-CIRCUIT COURT-HUSTINGS COURT: The City Ranager submitted the follo~ lng report suggesting that space formerly occupied by the Commonwealth's Attorney be utilized by both the Circuit Court Judge and the Bustings Court Judge and recommending that $?22°00 be appropriated to Office Furniture and Equipment - New under Section giT. "Circuit Court." of the 1970-71 budget, to provide funds rot the purchase of twelve arm chairs, one swivel chair, one ten-root nonrerence table and one 66-inch oak panel end table to furnish said office and recommending that $319.50 be appropriated to Office Furniture and Equipment - New under Section nib, "Hustings Court," of the 1970-71 budget, to provlde funds for ~e pruchase of a desk and swivel choir for the office or the Judge or the Hustings Court: "Roanoke, ¥irginJa December, 21. 1970 Nonorable Nayor and City Conncil Roanoke, Virginia Gentleneo: #ith the movement of City Council to the new City Council Chamber and the conversion of the former Council Chamber to a full-time Circuit 299 * Court, ibc-apace formerlp:oGcopled by C~rcuJt Cgurt-Jadge:FredHobsck-.is now occupied f~ll ~ime by Circuit Court ~udge Yhoaus Fox. There' exists u requirement roe ~fice~spsce and court,space for'Judge Hobsck ut such tlmen ts his Court is In session In the City of Roanoke. it hu~ bee~'ssggested tl~'tb~spsce formerly occupied by the Common- weilth*s Attorney be utilized by both the Circuit.Judge end the Hustings Court. This ha~ been discussed with'Judge Bm lisa of Hustings Court, It mould be proposed to install.o large conference table in the larger of the two rooms and this space could be utilized by Judge Hobsck for hearings, small court sessions.and as an office, In addition,the snail office formerly occup~d by the Commonwealth*s Attorney hisself n~uld be equipped mlth a snail conference table and this space could be used for witnesses, Jury end so forth. As a further point, to date Judge Ballou has been using ~is awn personal desk in~ls office. It would be in order that,~e City provide this office ~itb a desh and chair that the Judge might be able to put It would be recommended that City Council by.budget ordinance appropriate $722.00 to the Circuit Court, Department 17, Object Code 380, Office Furniture and Equ~uent, to purchase 12 arm chairs, one swivel chair, one lO-foot conference table and one 6b-inch oak panel end table for the use of Judge Hoback in his offic~ It is further recommended that City Council appropriate to Hustings Court, Department 16, Object Code 360, Office Furniture and Equipment, $319.50 to procure a desk and smivel chair for office of the Jud~ of Hustings Court, These purchases and arrangements will not interfere with any pro- posed renovations or rearrangements in the Court House building and will be adaptable to any plans for the building. In view of the time that may be involved in the mark on the building, it would be advantageous items be handled at this time. Respectfully submitted, S/ Julian F. Hirst Julian F. Hlrst City Manager~ We. Wheeler moved that Council concur in the recommcndatiou of the City Haaager and offered the following emergency Ordinance: (~19444) A~ ORDINANCE to amend and reord~in Section ~17, ~Circuit Court,~ and Section Zl~. ~Dustings Court.~ of the 1970-71 Appropriation Ordinance. and ~rovlding for un e~rgency. (For full text of Ordinance, see Ordinance Book Ho. 3S. page ~.) Me. Rheeler moved the adoption of the Ordinance. The motion was seconded by ~r. Tea ut and adopted by the follomicg ~ote: AYES: messrs. Oarlaud. Lisk, T~ylor. Thomas. Trout, Wheeler and Mayor Mebber NAYS: None O. BUDGET-PHRSONHEL: The City Manager submitted the following report recommending that $52b.00 be appropriated to Per suni Services under Section ~14, *Personnel,' of the 1970-71 budget, to provide fonds for ~e extra help account in December 21, 1~ 0 Honorable Mayor and City Council Roanoke, Virginia Zhere bas been the resignation of the secretary in the Personuel Department. It is the determination under Auditing Department procedures that employment as a fill-in situation must be charged to the department under the extra help category. The Extra Help account in.most dep'nrtuents.hno, been established to ruud replacement personnel Uor~g~While~ the~ositl0n Incumbent is on sick leave or vacation; therefore, uny aJtuatlol or this type drams on authorized accounts beyond b~dget availability, Since no permanent candidates for thio currently vacant position has been selected ut this tine and since there ulll' or necessity be · short delay after the:selection is made. it Will be necessary to continue to pay t~s ~osltlu~ rrom~ extra he~p.'r?~s,' .Dy December lO, $364,60 will have been expended from tkls account leaving a balance or $29,12. The Per'sonnel:Oepar~mbnt has asked that the sum of $526 be' appropriated to the Personal'Services, Extra Help account, Object Code 10~, This mould allow re'stGretion or the funds being paid out tar the month or December and still leave u balance in the Extra Help account for use should the ue~t person hired for this position be a long time city employee end eligible roy vacation or sick leave, Even though an appropriation will be needed roy the Extra Help account, an eqabl aeount should remain ID the Personnel Accant us a result or funds unexpended due to this vacancy. Respectfully submitted, S/ Julian F, Hirst Julian F. Hiram City Manager" Mr. Thomas moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (a19445) AN OR~ NA~ CE to amend and reordain Section al4, "Personnel," of the 1970-71 Appropriation Ordinance, and providing for on emergency. (For full text,of Ordinance, see Ordinance Book No. 35, page 60°) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland. Lisk. Taylor, Thomas. Trout, #hee~ and Mayor Webber ............................... 7. flAYS; ~oceo Oo FIRE DEPARTMEr4'f: The City Manager submitted the followio~ report in connectio0 with the preliminary design and specific location determination for the new main or Ho. I fire station° inquiring as to whether or eot Council would wish to make u determination or an architect er whether the body would wish tn bundle it by a formal recommendation from the City ~auager: #BoamoRe. Yirginia December 21, 1970 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: · e wish to proceed with preliminary design and sln~lflc location determination for the new main or No. 1 fire station. It is anticipated that land acquisition will be necessary for this facility and it would be of aid in evaluating alternative sites to have preliminary design date for which'an architect wouldbe of assistance to us at this time. This is to Inquire as to whether the'City Council would wisu to make determination or an architect mr whether you would wish to handle it by a formal recommendation to you. In the former app~mch we could furnish you with a listing of firms within the City and in the later arrangement we would anticipate being able to very shortly make a recommendation. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" ,301 Dr. Thylor~oved that the City Manager be instructed to nike a formal recommendation to Council. The motion nos seconded by Mr. Wheeler nad unanimously adopted. FlEE DEPARTMENT: The City Manager submitted the followieg report reqaestbg authorizatkn to employ Mr. Winston $, Shorpley, Architect, to provide necessary architectural services for the two new fire stations to be located in the northwest area nad the s~hthmest ave& of the City of Roanoke ntn fee of 6~*/ of the cost of construction plus other standard inclusions for architectural services: *Roanoke, Virginia December 21, 1970 Honorable Mayor and City Council Roanoke. YirgJnin Gentlemen: Me wish to proceed with plans for the two fire stations for which funds are available in the City*s capital account, one to be located in the northwest area of the City and one in the southwest area. As to the novthnest fire station, It is felt fairly firm thatthe recommend- ation would he that this be situated in the general southeast area of the airport property and th~ it woald be designed as a duel purpose station to accommodate the airport fire equipment as well as regular fire equipment for service to that portion of the The statioh in southnest would be proposed in generally the Colonial Aveeue--Brobleton Avenue area. Three alternative locations are considered. It would be expected to come bach to the City Council for specific approval as to final locations. To do this we need some assistance at this*gage to determine the factors of adapting buildings to the alternative It mould be our wish to employ Winston $. Sharpleyo Architect. for the necessary architectural services on these two buildings. It is felt that it mould be advantageous to the City. an architect and possibly contractor for both buildings to be handled simultaneously. Mr. Sharpley's fee would be 6F~/ of the cost of construction plus other standard inclusions for architectural services. If the City Council would have nc objection at ~ is point, we would lthe to proceed with the preparation of au appropriate agreement between the architect and the City to be brought back to the City Council for formal authorization. Respectfully submitted, $! Julian F. Hlrst Julian F. Hlrst City Manager~ Mr. Nheeler moved that Council concur in the request of the City Manager. The notion was seconded by Mr. Trout and unanimously adopted. ~ATE HIGHWAYS; The City Manager submitted a written report advising that because of problems relating to federal and state highway funds the widening end reconstruction of Orange Avenue from Interstate Eoute 5~1 to 12th Street was not advertised for bids on December ~, 1~0, as anticipated and that the date nt which tine the project will be advertised is unknown at this time. 303. Hr. lheeler moved that the report be receiyed and flied. The motion was seconded by Mr. Trout und unanimously adopted. DEPARTMENT OF PUBLIC NORKS: The City Manager submitted s written report concurring in the following report o! · committee recommending that the low bid of Adams Construction Company for supplying asphalt and tar to the City ~! Roanoke for the period beginning January 1, 1971, and ending December 31, 1971. be accepted: · Roanoke, Virginia Oecember 21. lgYO Honorable Mayor and Cay Council Roanoke. Virginia Gentlemen: After due end proper advertisement, bids nero retained In the office of the Purchasing Agent and publicly opened on December 15, 1970 for supplying asphalt and tar to the City of Roanoke for the period beginning January 1, 1971o and ending December 31, 19ri. Two bids were received. As may be seem from the attached tabulation, the ~id of Adams Construction Compay Is low rot each or the three bid items. Therefore, It is the recommendation of the committee that the bid of Adams Construction Company be accepted for supplying asphalt and tar at the prices shomn on the tabulation of bids. Purchase o~ders will be Issued by the office of the Purchasing Agmt as and when the material ts needed during the aforesaid period of twelve months. Respectfully submitted, COMMITTEE: S! Byron E. Haner ByrOn E. Bauer S/ Milliam F, Clark Milliam F. Clark S/ B. B, Thompson Baeford B. Thompson* Nr. Lisk moved that Coancil concur in ~he recommendation of tho City Manager and o~fered the foliow~n~ eme~geacy Ordinance: (#1944~) 'A~ OROINANCE accepting the proposal Of Adams Construction Company, lac,. for furnishing, heating, hauling, and applying certain asphalt and tar for the period from January 1, 1971, through December 31. 1971, upon certain terms and provisions; authorizing the Purchasing Agent to issue the requisite porcl~se orders tberefor~ rejecting all other bids; and providing for an emergency. (For full ~ext,of Ordinance, see Ordinance Book No. 35, page 60.) Mr. Lisk moved the.adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopte~ by the following 'vote: AYES:' Messrs. Ga[land. ii'si, Taylor, Thomas, Trout, Rheeler and Mayor Mebber ' ---~.' NAYS: None ......... --~----0. AUDITS-SCHOOLS:'The Ci{y Auditor submitted a w~itten report transmitting an examination of the records or the Lincoln Terrace Elementary School for the achoo! 'ear ended Jane 30. 1970, advising that the Statement of Eecelpts end Disbursements 'eflects recorded transact imm for the period end the financial condition of the fund at the end of the audit period. Rt. Wheeler moved that the report be received end filed. The motion was seconded bT Rr.Llsk and unanimously adopted. STATE HIGHWAYS: Council having referred to the City Planning Commission for study, report and recommendation a coanunicntlon from Mr. James U. Flippin. Attorney, representing Dlderson GfiC. Incorporated, requesting that Council take appropriate action to waive the required arterial highway set back line in order to allom his client to erect an addition to its building on the north side near Salem Turnpike and Ho*rush Avenue. N. W.. the City Planning Commission submitted the folloml~g r~po~t recommending that the request be approved subject to an agreement to be entered into-batman the petitioner, the City off*an*he and the State of Virginia that If either the State of Virginia or the City of Roanoke should need this setback in the future the petitioner mill remove the new structure at no cost to either the City of Roan*he or the State of ¥trgioia: · , *December 17, 1970 The Honorable RoT L. Webber, Mayor and Members*of City Council Roanoke, Virginia Centlemen: The above cited request was considered by the City Planning Commission at its regular.meeting.of December 16o 1970. Mr. James M. PlJppin, attorney for the petitioner, appeared before the Planning Commission and requested a waiver of th~ 25-foot arterial setback line zoning requJrement,"ao that Dickerson GMC, Inc., could erect au addition to its existing office structure located on the north side.near Salem Turnpike and Mo*man Avenue, N.M. The Planning Director noted that according to the 1980 Major Arterial Highway Plan this portion of Salem Turnpike is delineated as an arterial, and according to Sec. 32 of the Zoning Ordinance is required to have a tmentyofive foot setback. The Planning Director noted, however, that:the fi'commended 1985 Thoroughfare Plan (adoption Js expected to take about one year) does not indicate this portion of Salem Turnpike as an arterial, and consequently would not require any 2S-foot setback; that if this 1965 Thoroughfare Plan were a~pted by Council In its present form the petitioner.could build the. addition, although In fact Rs plans only indicate a one-foot setback from Salem Turnpike. (In the industrial zoning classifications there are no setback requirements,) The Planning DirectOr noted that this petition clearly points to u major deficiency existingin:the industrial zoning classifications; there are no minimum lot area. lot width or yard setback requirements spelled out in this section of the zoning ordinance. The Planning Director pointed to a need for a detailed study of this situation by the Planning Department with the ultimate goal of establishing criteria pertaining to ali the Industrial zoning classifications to provide for reasonable let'area, lot width and setback requirements. He noted, ia addition, that it is of equal importance to provide for sound standaJgs relating to industrial developments.as it is to provide for sound standards relating to residential developments If we hope to establish a high quality environment in the City of Roanoke. Based on this consideration, the Planning Director recommended that the petitioner not be granted this waiver until adoption of the 1965 Thoroughfare Plan and suggested as an alternative that no recommendations be made by the Planning Commission until such tim~ as he has completed his detailed study of the industrial zoning section of the ~Zoning Ordinance that would take approximately six weeks. Mr. Coleman~ a neubev of the City planning Couuisslono ret,amended approval or the 25-foot setback waiver, with the understanding that should the State or the City require additional se,bach that the peti- Acco.rdingly. motion was made. duly seconded end annuls,wily approved fac,amending tb City Council that th~ request De approved subject to an agreement between the petitioner, the City. an, the -State that if either the State or the City needs this se,bach in the to either the City or the State. Sincerely.' - · S! John N. Parvott by John H. Parr,Ut Chairman" After a discussion af the matter. Mr. Th,uss waved that the report of the City Planning Commission be referred to tb~ City. Manager for study, report and recommendation to Cow,oil. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: Council having referred to the City Planning Commission for study report and recommendation the request oS Mr. Julius T. ~endersofl. et ax.. that property located in the 3900 block of Virginia Avenue. and 25 feet of Lot fl. Bloom 22. Official Tax Nos. 276140? and 2761408. be rea,ned from RS-3. Single-Family Residential District. to RD. Duplex Residential District. the City Planning CommissJ~ submitted the ~ollomiug report recommending that the request be denied: "December 17. 1970 The Honorable R6y L. Webber. Mayor and Members of City Council Roan,he. Virginia The above cited request was considered by the Planning Commis- sion at its regular meeting of December 16. lgYO. Hr. ~u~ius T. Nenderson appeared before the Planning Commission and stated that the individual who wishes to pUrChase this lot from him plans to erect a duplex structure upon lt. Mr. Henderson noted that he is requesting this fez,ming to enable this prospective buyer to erect this duplex structure on the lot ia questJun. The planning Director noted that the existing'lot is presently substandard (SO-foot lot frontageS, and. in addition, that toe general character oS the area in question is essentially oS a single family residential nature. Accordingly. motion was made. duly ~econded and unanimously approved recommending to City Council that this request be denied. Sincerely. S/ John H. Parrott by John H. Parrutt Chairman" In this connection, a coumunicatton from M~. Henderson advising'that he does not desire a public hearing on the request for resuming, was before the body. Mr. Trout moved that Cou~cil concur In tho recommendation of the City Planning Commission and that the request for rezoning be denied. The motion was seconded by Mr. Llsk end unanimously adopted. ZONING: Council having referred to the City Planning Commission for study, report and recommendation a request of the Ebenezer African Methodist £piScopal Chute that property located at 1555 and 1563 Lafayette Boulevard, Block 18, Rap of Villa Heights, Official Tax Nos. 2450201 and 2450202, be rezoned · 305 from C-l, Office sad Institutional District. to C-2, General Commercial District, the City Planning Commission submitted a written report recommending that the request for rezonhg be denied. In this connection, u communication from the Reverend Robert S. Allison requesting that u public hearing be held on the matter mas before the body. Mr. Thomas moved aha t n public bearing on the request for rezoning be held at 2 p.m.. Monday, January IG, 1971. The motion was seconded by Br. Lish and REPORTS OF COMMITTEES: PARKS AND PLAYGROUNDS: Council ha,lng referred to the Mill Mouutuin Development Committee for study, report and recommendation communications concerning another elephant for the Children*s Zoo atop Mill Mountain to replace Frump-Frump who recenlty died, a subcommittee ot the Mill Mountain Development Committee submitt* the folloming report in connection with upgrading the present zoo atop Mill Mountain, recommending that Council authorize the expansion of the present zoo as presented in the report an'd appropria~e'one-'hal£ of th*e needed funds: *Mr. Andrews, Chairman. Mill Mountain Development Committee Mayor Roy Bobber Members of City Council After much deliberation, fnreatlgntton end discussion, the report on the Mill Mountain Zoo is presented in five parts. 1. Its Presmt Location on Mill Mountain 2. Improvement to the Present Children*s Zoo 3. Expansion of the Zoo 4. Revenue to Acquire an Adequate Staff to Operate the Present and Expanded Zoo 5. Recommendation to RonnoRe City Council Moanoko is the only large city with a direct connection to the Blue Midge Parkbay. Last year some 11 million people traveled over the Parkway and it is projected that some 12 million will be on the Parkway next yea~. Mill Mountain is very accessible from the Interstate. and all state primary roads. Therefore, it is quite obvious that Mill Mountain is an ideal location for the zoo. TAm report as prepared by a subcommittee goes into great detail end Is complete mith recommendations on the upgrading o£ the present cbildren*s zoo. Report Environment Sub-*Committee Answers to Mr. Carl Andrews questions concerning investigation of the Mill Mountain Zoo. 'Q. Should this continue as a Childreu*s Zoo or, in viem of the public interest in elephants* should it be expanded? A. Yes, children are the prime reasons for the existance of zoos. R~ the Contact type childrens zoo should be separate from mi educational type dj'splay that would contain elephants etc. I feel the zoo should be expanded and feel there is room in the land beh~d the zoo. q. In view of the natural tourist attraction of the present zoo, should it be moved Simply'for the sake of bigness? A. The present"facilities are adequate for most animals to be kept in a children*s zoo and can be maintained in a sanitary condition. O. Of mhat should a Children*s Zoo consist? A. It woald ·ppear a Children's Zoo is · display of safe animals amd baby animals with contact between child and animal. This la the theory ··ed at moat zoological display· that have a g~ild- ren's Zoo. 9. Are animals presently adequ·tely housed0 fed on regular schedule and given proper veterinarian attention~ A. Whether animals where presently fed and cared for adequately would t·he some de~ probing and the an·nets probably uould no lonaer be available bec·use of personal changes. The winter lOSS Of anim·ls is too high, soo expensive ·nd could be remedied mith more facilities, 9. Are the zoo*~ sanitation atazdavds high enough and properly enforced? A. it has been apparent that s·nltetion has not allays been adequate associated mith zoos. The odor of aniwals and the by products can never be solved unless adequate lzbor is available with hose and shovel, probably on a twice n day schedule. The attraction of fils and other insects could be better controlled. The insects and not the odor do present a potential health hazard to the animals and the public. 9. Is the zoo adequately waintained by the City? A. Not all areas of animal confinement are nam adequate in size or construction but this seems to be true roy the animals that would no longer be part of the Children's Zoo - if the zoo was expanded. Rare planning and scientific research could be done in the expan- sion program to solve the problem of the bear'smge etc. 9* Is the present supervision of the zoo' adequate and satisfactory? 9. Is there adequate qualified labor available or being euployed in maintenance and servicing of the zoo? A. It is my thought that it will become necessary to hire someone with experience in zoo management. It will not be necessary that this person be a graduate Zoologist, Veterinarian or Animal Psy- chologist but someone experienced in working in a zoo. Yany of these people are qualified because of their experience and the salary should not he prohibitive. An advisory board could be set up to include · Zoologist (teacher for example} a Veterinarian and perhaps a Nurseryman who could lend his advicem feeds, grounds and insect control. This board meeting as needed to lend advice to the zoo helper-in-charge. From the response of Hr. Andrew's request for committee personel, there are civic minded people available. 9- Are the toilet facilities for the pcblic adequate? A. No-A better rest-room area shoul~ be incorporated in plans for the first animal building. 9. If elephants are made a permanent attraction, mhere shall the line be drama in adding larger animals, all costly to purchase and maintain? A. Due to the expense of building quarters for a elephant or two, it is logical'to also get other exotic animals to attract the public to a year arqund building, if surveys show such an increase in public atteedance due to the elephant, what could happen if other different auimals are hept. I feel the Department of Interior, Virginia Commission of Game and Inland Fisheries should be approached with the plan for a Blue Ridge Fauna Display, in conjunction with our zoo. Partof the expense Of construction to be borne by the Department of Interior and the animals furnished by the Game Commission, This should be a tremendous attraction off the parkmay. Deer, turhey, grouse, pheasant, bear, ground hogs, oppossc=, racoon, elk, etc. would be displayed in almost eatural conditions in bree~ng pairs or groups. In this way conservationist could no longer cry their displeasure atzoo caged animals. Excessive animals could be released on Hill Hountain and surrounding areas giving pleasure to hiher and hunter. The purpose of a zoo shaid be education and conservation, the breeding of animals should be bne of Our 9·als. Baby animals mill attract more people'than any other thin9 in a zoo. With the continual fine cooperation of the news media attendance at a higher gate fee could pay most expenses. A city should have some sort of museum, Botanical or Zoological garden for its citizens in order to be called a first class city. I hope this is the future of Roan·he. : 3.07 two roads ia $1 million, The'c~ommit~e reels~ tk~t the*city has theresponsibllity or expanding the attractions presently located on the mountain. With this view the committee voted unanimously to seek the services of the Southwest Vlrginih*Sectlon of the American Institute of Architehts to prepare plans and estimates for the expansion of the ucc. Mr. George L. Sullivan, Jr.. Chairman of the Architectural Committee, will present the proposal and provide any information the Council may require. Last year some 110,000 people went through the turnstiles ut the zoo at a cost of lot per person. Oar recommendation is that the admission charge should be increased from lot to 15~r for cl~ldren and 25t for adults. This modest increase would result in the following revenue tO employ · full-time staff of three to operate the zoo on a year round basis. Using the view that one-third of the total number of people that went through the turnstiles last year would be adults, and at o' fee of 25¢, this would result in 36,666 adults with a revenue of $9,166.SO.. Sul~ncting the 36,666 adults from the total of llO,O00 results in 73,334 children. Using the new admission charge of lit per child would result in $ll,O00.10, for a total intone based on last year's attendance of $20,166.60, oAf poll was conducted in the elementary s'chools of the city and 934 the elementary teachers would'welcome an fmproved and expanded zoo, and for their use they mould like to see the zoo open from March I through December 1. It is the recommendation of the Z~o Committee that City Council authorize the expansion of the present zoo as presented In the report of the architects and appropriate one-half of the needed funds for the construction of the new facility with the understanding that the Zoo Committee will undertake u drive to secure the other half of the needed fonds. S! James O. Trout" In this connection, Mr. George L. Sullivan, Jr** Choirman of the Archi- tectural Committee, appeared before Council and explaiued in detail the proposed plans for the zo? end advised that the proposed improvements will amount to approximately $100,000.00. After a discussion of the matter, Mr. Trout moved that the report be referred to the City Manager and the City Planning Commission for stt~ report and recommendation to Council. The motion was seconded by Mr. Wheeler and unanimous] adopted. TAXES: Mayor Webber presented the following communication from Council acting as a Committee of the Whole id connection with the study of the utility now in effect, recommending that the tax not be red,ced at this t~e in as much the utility tax levied in the* City of Roanoke is on a comparable basis with the utility tax levied by other cities in the State of V~rginia and Is a most important of revenue: "December 17, 1970 On Friday, December 11, 1970, the Council met as a committee of the hhole to consider the Utility 7ax. This meeting wes in response to u request~made by the B~ard of Directors cf the ioonoke'Valley Chamber or Commerce that the City mohe e study of the Utility Tax non in effects. The'Board felt thit this lex may have been instrumental in locotlng~industry and business in areas outside of the corporate limits of the City or Roanoke. 'After thoroughly considering ull aspects of this tax, it was unanimous that the tax should.not be reduced at this time in es much us the Utility Tax levied In the City of Roanoke is on a com- parable basis uith the Dtility Tax levied by other cities in the State of Virginia. and is a most importaet source of revenue. S/ Roy L. #ebber, Roy L. ~ebber, Chairman Committee of the Whole on Taxation" #r. Garland mored that the report be received and filed. ?be motion was seconded by Rt. Lisk and unanimously adopted. AIRPORT: The ABort Advisory Commission submitted the folloming report making recommendations in connection with the request of the ITT Consumer Services Corporation with regard to increasing the rates for parkiu9 at Roanoke Runicipal (Woodrum) Airport and the installation of aa automatic gate for the employee parking lot, the reduction schedule of Eastern Air Lines and the Federal Omnibug Airport and Airways Improvement Act from which the Federal Aviation Administration is attempting to siphon'$24S million off the $295 million for its own departmental use leaving only $50 million for airport development: "Roanoke,,Virginia Dec. 17, 19TO Roanoke City Council Roanoke, Virginia. Gentlemen: During a called meeting of Councils AirpOFt Advisory' Commission. Wednesday December 16, 1970, the paid parking lot rate increase request (referred[to the commission by council), Eastern Air Liues schedule reduction at Roanoke, Airport employee par~g problems and tM Federal Omnibus Airport And Airga~s Improvement Act, from which the Federal Aviation Admiuistratton is atteqXing to siphon $245 million off of the $295 million for its own departmental use leaving only $50 million for Airport development, was examined in detail by par Commission.. The matter of reviewing the latest Airport master plan, prepared by Talbert, Cox and Associates, ems postponed until early January when the Commission desires to take up this ~dy in detail. Your Commission voted unanimously to recommend the fullowiug items to Council: 1. That an oCficial letter of appreciation be sent to Eastern Air Lines for their arrangements to include C~sreland in the single plane route structure now serving Roanoke (once a day) t~h round trip service fr om C~veland, Plttsborg, Roanoke, Greensboro, Miami and return. 2. That Eastern Air Lines be' petitioned separately to consider including Roanoke on their Richmond, Va. to St. Louts run in order to provide the people in this area with a more effective gateway to the West and ~orthwest. 3. That up to $9,000.00 be appropriated to the Airport Department for the installation of aa entrance control gate system for ~e Airport employees parking lot and other facilities to establish control of automobiles and random free parking according to the traffic control plan prepared by the office of the Traffic Engineer Feb. 13, 1970 and revised Sept. 6, 1970. This construction, if adopted, should give considerable relief to the paid parking lot from illegal parking. · 4. That an official able,tiaa be lodged by the City uith its Federal Neprestntatives to the efforts of the Federal Aviation Admin- istration nnd the Department of Transportation to divert $245 million of the $295 million, developed thru new utertnxea (Publio Into the F.A.A. for operation nad admllistrutJou expenses instead of using the full $295 million to'develope Airports nnd Airways ns originally planned by Congress for fiscal year 1971. Resp~(t~ully submitted: J. V. B,vies J. M. Buttes R. E. Dill,ti T. E. Frnntz Committee M. L. Harris Members S! Vincent S. Mheeler fl. E. Hamer Peasen t R. M. Moody VINCENT S. MHEELER. CHAIRMAN V.S. Mheeler AIRPORT ADVISORY COMMISSION* M.M. Zillhardt After a discussion of the ma~ter. Mr. Thomas moved that Council concur in the first, second and P,arab recommendation of the Ai~port Advisory Commission and that the matter be referred to the City Attorney for preparation of the proper The motion was seconded by Mr. Lisk and unanimously adopted. Mr. Thomas then moved that ~ethJrd item pertaining to increasing parking and the automatic gate for the employee parking lot at R,an,he Municipal (M,,drum) Airport be deferred one week pending ad~ional information. The motion seconded by Mr. Lisk and unanimously adopted. RU~ES: Council having referred to a committee composed of Messrs. Robert Garland, Vincent S. Mheeler, J. Robert Thomas and Julian F. Hirst for study, report and recommendation a request from the Safety Motor Transit Company that coasideratio be given t,Nard eliminating the gross receipts tax and toward making certain changes' in regard to the fare structure of the Company, the committee submitted the following report recommending that consideration be given to certain changes h the fares but elimination of the gross receipts tax presently assessed by the City of Roanoke, that a one cent increase in the general fare be approved, that the school fare which is presently fifteen cents be increased so ns to sell two tokens for 35 cents or n ~nte of 17 1/2 cents per ride coupled with the recommendation that the present token For passengers at tm, tokens for 45 cents be eliminated and that Council authorize increase in the ~harge for weekly passes to $3.50: ~Roanoke. Virginia December 21. 1970 Honorable Mayor and ~ity Council R,anode. Virginia Gentlemen: On Monday, November 23. 1970, City Council received a request from Safety Mot. or Transit Company foe financial assistance through the change of fares and elimination of gross receipts tax. City Council referred this matter to the undersigned committee for our investigation, review and report. Your committee has met to discuss this matter m several occasions. On Thursday, December 17,. the committee met with Mr. J. Mlnatar St,me, President of Safety Motor Transit Company, Senator Leonard Muse and Mr. Dewey Cassell to discuss the matter lu detail and to best determine mhat actions might be taken to alleviate this finnacinl loss for this concern. At this meeting the committee was informed that the City Auditor has had occasion to review the'financial statements of the Safety Motor Transit Company and his analysis of the situation indicates that it can only worsen under the present rnte structure. Your'Committee revieued~rate structures%received.from,12 osier muninlpalities:uith'r~glrd to' the*rates-charge4 ~6v ptbli~*.transpbeta- tfon fn'tieir~respec~fve localities, :Tiis;lmforsstfea Fe~dils tilt uhlle the basio~adnlt fare-presently charged in'the City is"about.standard tha'~hool.fsres, charged In other localities vary betmeen IO~ end 20~; Tie'majority of the cities contacted do not use tokens. #r. Sto~e;verbal~y presented further financial information (uhlch has been presented in uriting to the Auditor) milch reveals that to continue under the*exJstimg rate Structure mould result in additional losses to the Cnnpsny.''These losses may be expected to increase ss the cost of living lnpex, rises as the uages or t]~ bas drivers are tied to the cast of living idex. After analyzing the information presented to the committee it uould be the recommendation'of your committee that City Council give consideration to certain changes fa the fares but not eliminate t~e gross receipt tax presently assessed by the City. Your committee feels that the cost of operation of this Safety Motor Transit Company should be borne by tie mser~ or these buses and not tbetots] civilian popu- lation of the CAy of Roanoke. Your committee would recommend a It increase In the general rare thereby making the basic charge for trans- portation 26t. It uould be recommended that the school fare uiich is presently 15¢ be increased so as to sell two t~&ens for 3Sa. or a rate of 17 l/2t per ride. This ~ould be coupled uJth n recoumendation u elhJnate the present token sisals ~oF*passengers at two ~ke~s 45t. It would further be reconmended that ~ Council auth~ze an increase In charge for ueekly passes to $3.~0. This would be a 50t Subject to City Council*s concurrence, it would be recommended that these rates becone effective Sunday, January 3, 1971. Because o~ the current inflationary trends and the continued increase in the cost of ~lng uhicb affects the cost of operation o~ the motor transit s~stem, it would be reconnended that the undersigned conuJttee be continued In ~orce that periodic review of these rates may bemde to endeavor to keep the Safety MotOr Transit Company on a sound financial basis. Respectfully subsisted, S/ ~obert A. Garland Robert A. Garland S/ Vincent S. Nheeler Vincent S. Wheeler S/ J. Robert Thonas J..Robert Thomas S/ Julian F. Hirst Julian F. Higst' ~r. Garland moved that Council concur Jn tan recoe~endatJon~o~ the The mot~on was seconded b~ Hr. Wheeler. In a discussion of the matter, ~r. Link spoke against the recommendations of the committee, adyis~9 that he ~s concerned about raising the current rates especially in the case of school children and urged that Council not ~dopt any crease in ~ares. After a ~urther discussion of the matter, Mg. Thonas o~ered a. substiture motion that the report be referred back to ~e conu~tt.ee for the purpose o'S studying the elimination o~ the gFoss~ectpt~ tax faf the f~sca] ~ear 1970-71. The motion uas seconded by Dr. Taylor and unaninousl~ adopted.' AUDITORIUM-COLISEUM: Hr. John A, Kelley, Chairman of the Rmnoke Civic ;enter Advisory Commission. appeared before Council tad presented the following repot of the Roanoke Civic Center Advisory Commission recommending that street nnd highway signs giving dfrnctJonn to the Sosuoke CIvic Center be promptly erected with the official trademark of the Civic Center nnd tht the nnme 'Roanoke Civic Center" be prominent part or the design: ~P. O. Box 20 Rosnoke. Virginia December 17, 1970 TO THK HONORABLE MAYOR &ND KEMBERS OF CITY COUNCIL: In anticipation of the early completion ut the Roanoke Civic Center, the Civic Center Advisory Commission wishes to recommend the prompt erect im of street and highway signs giving directions to the Center. Me feel the tigris should feature the official trademark of the C~ter and that the name "Roanoke Civic Center" be a ptmlnent part of the design. At no cost ~ the City ue have had prepared a full size draming in color of our proposed design and respectfully request that we be given the opportunity to present it to Council on December 21 for their consideration and action. Sincerely and respectfullT0 ROanOKE CI¥IC CEN~£R ADVISORy COMMISSION $! John Kelley John A. Kelley, Chairman Horace $. Fitzpatrick Laurence H. Hamlar Robert M. McLelland Frank N. Perkinson Mr. Lisk moved that Council concur in the recommendatkn of the Roanoke Civl Center Advisory CommJssim. The motion was seconded by Mr. Mheeier and unanimously adopted. AUDITORIUM-COLISEUM: Council having referred to a committee for tabulation report and recommendation bids received on furnishing 1,000 sheets of bomasote for the Roanoke Civic Center Coliseum to cover the ice surface during concerts, stage shows, wrestling, etc., the committee submitted the following report recommending that the low bid of A. P. Hubbard Mholesale Lumber Corporation in the amount of $4,246.00, be accepted: "Roanoke, Virginia December 21, 1970 Honorable Malor and Ci~ Council Roanoke. Ytrginia After due amd proper advirtisemeut on December 7, 1970, bids were received and opened before City Council for the provision of 1,000 sheets of Homasote (Insulation material) for use at the Roa~ke Civic Center Coliseum. This material would be utilized to cover the ice surface during such usage o'f the Coliseum as concerts, stng~ shows, wrestling, et cetera. Five bids were received, with the low bid being submitted by A. P. Hubbard Nholesale Lumber Corporation of Greensboro, North Carolina.. Their bid in the amount of $4,246. with a $45 deduct should the bill be paid wi~ in ten calendar days after receipt, is 43 lower than the second low bid submitted by South Roanoke Lumber Company. The City'S srchiiect Gu this project, Associated Architects, Ina., has abdicated that they have ~eee aoatsctedby two or,the local firms mbo sebmitted bids 0u this item 8ed couuentiog with regard tS tbs fact that the low bid wis submitted by se out-of-town organization; Your committee reooggJzes that this'poses · problem to local merchants; however, it is reit that should the City of Roanohe not desire to purchssematerlali from lam bidders outside of the City, it ebcdd restrict the bidding* and to date*this has not been City policy. An action of this nature could resnltie se JecreSsed operatJeg colt for the City Of ioaeokeend'would.not be.in-the bestinterest of all of ourcitizens~ Additionally many of our local firms depend on Got-at-town markets-for their products~ .. Homasote is utilized in.the Greensboro coliseum for Ice insolation; however, the Rosaohe Valley Civic Center asea · differeet product, tug sheets of plywood with an immolating material in between. Mhen they p'rooured this pradu/ several years ago, it cost them in the neighborhood of $25,000. Although these plywood panels have a more pleasing appearance, experience bas shown that the Homasote provides a very acceptable sarface, smd it-will perform the function for ~hich it is · being procu~ed.i~ ~.'. ~ It would be the comuittee*s recommendatim that City Cancil accept the low bid of A. P. Hubbard Nholesale Lumber Corporation in the amount of $4,246. This bid is within the $4,?00 presently appropriated for this ken. Respectfully submitted, $/ Byron E. Honer Byron E. Hamer, Chairman S/ Howard E. Radford Howard E. Hodford $/ John A. Kelley John A. Kelle! . S! John Chappelear, John Chappelear. Mro Thomas moYed-that Council concur in the recommondatim of the committal and offs{ed the followin9 emergency Ordinance: (~19447) AN ORDINANCE providing for the purchase and acquisition of I,O0( sheets of Homasote (insulation material) for use ~ the coverin9 of the ice surface of the CoIisoam in tbs Roanoke Civic Center, upon certain terms and conditions; land providing ~or aa emergency. (For full text of Ordinance, see Ordinance Hook No. 35, page Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, ~heeler aad Mayor Mebber ................................ 7. NAYS: N:ae Oo GARHAGE REMOVAL: Council having referred to a committee for study, report and recommendation the bid received from Carter Machinery Company, Incorporated, for one crawler loader, in the amount of $41,H80.00, and one track4ype tractor in the amount of $31,5T9.00, the committee submitted the iollo~ing report recommending that the bids be accepted: · ~ ,' ;i~. :~. ..~.:~:. 'Oecember 15, 1970 Roanoke, Virginia ..... ,.. , ~., . 5ids mern.epened and read before Cit Council on,Head NOvember,23, for tee (2) times~o! heav~ eqaipteat ,o be as d ln.~o aanltary la~dfili'operationa~,~ Aa ehman o~ the attached Tobulatlon of 6ids 0~1~ one proposal was aubmitted~on each of tkese~nnita, bolb by Carter Bachinery Company, incorporated of Salem¢lVlrginln. Your committee has net to con~dertheae~prepoaala~and(~iuda th~m to be'i~couplianoe mlth~ke'apecificattona. Care has been.taken to compare'the,bids mith prices paid'rev'similar units of equipment by other governuemtalJurisdlctJons in.:this part of the~country~. neavly ever~ instance the prices quoted to the City~ o£~Ronnoke com- pare favoribl! mhen.conoidevntion is giveh to the accessory ltema included-in the various opecifica~ns. Therefore youv committee concludes that the lnltial purchase prices offered-are acceptable. it should bo noted that the City stair carefully prepared speci£1- could participate in the bidding. Suggestions mere.solicited rron several local dealers and incorporated in the npecl£lcations, it is apparently only on,the matter or total-cost bidding that other dealers chose not ~ participate. The features of thio method offer the (~y a number of advantages, including guaranteed maximum repair costs, rnpJd availability of parts and service, and guaranteed re- purchase price as a clear hdicatlon of built-in quality. The method is being used in numerous lmculities, and in no nay restricts the bidding by other manufacturers and dealers of heavy equipment. It is recommended tlntthe City accept the bids by Carter ~eohinery Company, Inc., in the amount of $41,000.00 (maximum guaranteed total cost} for one crawler loader, and $31,679.00 (maximum guaranteed total cost) for one track-type tractor. The actual amount to be expended at the tine of purchase will be $07,277, which compares closely mith the estimate of $B6,000 furnished Council in the original report on this matter dated September 14. 1970. Funds Should be available within the bond refeFendum project for solid waster disposal. Approved: S~ Dr. Noel C. Taylor Dr. Noel C. Taylor Approved: S! Byron E. Hamer Byron E. Hamer Approved: S/ #illiam F, Clark ~tllian F. Clark" Hr. Taylor noted that Councll concurlm the recommendation o~ the committee ~nd offered the follomimg emergency Ordinance: (~19440) AN ORDINANCE accepting a proposal for ~urnisbing and delivering conditions by accepting a certain bid made to the City therefor; and providing ~r an emergency. (For full text of Ordinance, see ~nance Book No. ~5, page Dr. Taylor moved the adoption of the Ordinance. The motion was secon~e~ by Mr. Lisk and adopted by the ~ol~ing vote: AYES: Messrs. Garland, Lts~, TaTlor, Thomas, Trout, ~heelet and ~a~or · ebber .............................. NA~S: None O. GARBAGE REMOVAL: Council having te~e~ted to a committee for tabulation, committee submitted the following tepott recommending that the lo~ bid of Inter- national Harvester Company in the amount of $32,0T~.22, be accepted: 'December 14. 1970 To.The City Council Roanoke. Virginia Gentlemen: Bids were opened and read before City Council on Monday. December T. 1970 for two (2) new tandem-axle dump truchs. The following bids were received for these units: Dealer Unit Price International Barvester Co. $16;O37.61 Truck Sales. Inc. 16,614.00 Magic City MOtor COrp. 17,417.00 Dickerson GMC, Inc. Your committee has reviewed the proposals and found Ihs low bidder in compliance with the specifications. These trucks are badly needed to heal cover material for City sanitary landfills and funds are available in the 1967 bond referendum project for solid wastes disposal. It is recommended that o contract bo awarded to International Barvester Company, Roanohe office, in tho amount of $32,07S.22 for these two truths and that all other bids bo roJected. Approved: S/ Byron E. Hamer 8yrm E. Haner Approved: S/ Milliam F~ Clark Milliam F, C~k Approved: S~ BT B, T~onp~on R. D. Thompson" Mr. Llsk moved that Council concur In the recommendation of the committee and offered the following emergency Ordinance: (u19449) AN ORDINANCE accepting a proposal for furnishing and delivering two (2) new tandem-axle dump trucks for use by the City's Department of Public Marks upon certain terms and conditions by accepting a certain bid made to the City there- for; rejecting other bids made to the ~y; and providi~ for an emergency. (For full text of Ordinance, see Ordinance Rook No. 35, page 64.) Mr. Lisk moved the adoption of the Ordinance. The motion was secaded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Mheeler and Mayor Mebber ...............' ........... NAYS: None. O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE.· · INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:, CITY EMPLOYEES: Dr. Taylor offered the following Resolution authorizing a shortening of the w~rking ~ours of certain city employees on December 24, 1970: (m19450) A RESOLUTION authorizing a shortening of the working hours of certain City employees on December 24, 1970. (For full text of Resolntlo~ seeResolutionDook No. 35, page 65.) $15 Or. Taylor moved the adoption of the Resolution. The motion was se~nded by Br. Trout and adopted b~ ~he follow'ag vote: AYES: Beasts. Garland. Lisk. Taylor, Thomas, Trqu~, Nheeler nnd Bayer Mebber ........................... NAYS: None ............... BODGBT-BGILOIBGS~FIRE D£PABTRENT: ~Nr.~Trout offered t~.fgljomSn9 emergent Ordinance appropriating $15,000.00 to Fees for Professional end Special Services under Section #48. 'Department of Buildings,' of the 1970-71 budget, to.guide funds in connection with the removal of a building at 332 ~alem A~en~e. S~ W.. which was destroyed by fire on December lO. 1970: (~19451) AH ORDINANCE to amend andreordain Section n4B, 'Department of Buildings,' Of the ig?o-?l Appropriation Ordinance, and providing for an emergenc (For full text of Ordinance, see Ordinance Book No. 3$,page 66.) Mr.'Trout moved the ~option ~f the Ordinance. The notion wes seconded by Br. Thomas and adopted bY the following .vote: AYES: Messrs. Garland, Link, Taylor, Thomas, Trout, Nheeler and Bayer Rabbet ................................ 7. NAYS: None ......... ~ ...... O. MOTIONS AND MISCELLANEOUS ~USINESS: AIRPORT: Mr. Garland read the following communication recommending that the Council of the City of Roanoke officially go on record as requesting the Federal Aviation Administration to.install precision radar end an Instrument Lundin. SyStem on Runway 5-23 at Roanoke Municipal (Noodrum) Airport and that the matter be referred to the Airport Advisory Commission for the purpose of adopting a Resolution requesting the Federal Aviation Administration to provide prompt installation of the aforementioned eqtipment: "21 December 1970 Mayor Roy L. Webber and Members of Roanoke City Council The entire nation has been shocked b~ several recent airplane crashes. Two of them took the liven of proctiqally two complete ,football teams and another involving military personnel. The question of safety of airports as well as certain aircraft has been seriously and properly raised. It Aaa become apparent, that one of the airports involved in one of the crashes lacked basic safety equipment. The geographic location of Roanoke quite not,raily oaken flying more hazardous and difficult than the more fortunate flntlands. By virtue of this beautiful terrain that we have been blessed with.requires certain precnutisns not normally expected of airports that do not enjoy our beauty. At mT request I had a personal friend, Br. Lester Bollans to give me n private evaluation of our airport. I am inclosing his letter to me for your careful penaal and consideration. Besides having an excellent background in aviation as you cau see by his credentials, he is constantly using our facilities and is therefore more cognizant of its nhortcomings than ony of us. I think he explains our needs in terms that even the lay can understand. I sincerely hope that no member of council or within the administration feels that in asking for this private opinion that I have usurped anyones position. Thai was certainly not sy intentions. As a council, 'it Is most importnnt for us to anticipate and supply the needs for safety at our airport~ One unfortunate tragedy mould be bard to lite with or explain If we bad not done all ~ltbln oar Jurisdiction smd power to prevent it. Mr. Rollans communication points out very explicitly certain basic needs at Joodrum Field mainly precision radar and the installation of an Instrument Lnnding System on Runway $-23. Of course, there are many,other needs but these are Immediate. I therefore move tha~ this be referred to the air~ort committee with · the recommendation that. thin council go on offichl record by nay of a resolution requesting the Federal Aeronautics Administration for · prompt installation of the aforementioned equipuent sad that copies of this resolution be sent to United States Senator Harry F. Byrd, Jr. and Sen. ~illlan Spong and ~ngressman Richard H. Poll. Thanking you for your consideration, ! am, Host Cordially yours', S/. Robert A. Garland Robert A. Garland" Mr. Garland moved t~ t the matter he referred to the Airport Advisory Commission for study, report and recommendation to Council. The motion was seconded by Hr. Link and unanimously adopted. Mr. Link then moved that the feasibility of establishing a parallel runway to Runway 5-23in which the Instrument Landing System could be established in order to have a greater distance from Runmay 5-23 and the present terminal building be referred to the Airport Advisory Commission for study,, report and recommendat~n to Council, The motion was seconded by Mr. Garland and unanimously adopted, There being no further business,+ Mayor ~eb~er declared the meeting adjourned. APPROVED %TTEST: COUNCIL, REGULAR MEETING, · Monday, December 28, 1970. The Council of the City of Roanoke net in regular meeting.in the Council Chsnber in the Municipal Building Annex, Monday,- December 2R, 1970, nt 2 p.m.~ the regular meeting hour, mith Mayor Mebber presiding. PRESENT: Councilmen Robert A** Garland, David M. Link, Noel C. Taylor, Nsnpton M. Thomas, James O. Trout, Vincent S. Mheeler and Mayor Roy L. Mebber ?. ABSENT: None O. OFFICERS PRESENt: Mr. Julian F. Birat, City Manager, Mr, Byron E. Barter Assistant City Manager, Mr. James N, Kincanon, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOGATXON: The meeting mas opened with a prayer by Dr. Noel C. Taylor, Member o~ Eoanohe City Council, BEARING OF CITIZENS UPON PUBLIC MATTERS: AUOITORIUM-COLXSEUM: Pursuant to notice of advertisement for bids on Contract No. I - Proposed access road to the Roanoke Civic Center from Second Street, N. E., and turning lane widening on MtllJumson Road, N. E., at the Roanoke Civic Center, and Contract No.,2 - Dndetbtidge lighting on Malhet Avenue, Interstate 591, bridge and underground duct moth for signals and lighting, said proposals to be received by the City Clerk until 2 p.m., Monday, December 2B, 1970, and to be opened at that hour before Council, Mayor Webber asked if anyone had any questions about the advertisement and ag representative present raising any question~ the Mayor instructed the City Clerk to proceed with the opening of the bids; where- upon, the City Clerk opened and read the following bids: ~ame Contract No, I Contrac~ No. 2 B. ~ S. Construction Company $ 75,345.~6 Riley N. JacRson Company 75,952.74 Corer Construction Company, Inc. - $ 30,033.60 Cross Electric Company, lng, - 34,266.00 Mr. Lisk 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, or measures, in accordance with the recom- mendation of the committee. The motion was seconded by Mr. Thomas and unanimously adopted. Mayor Webber appointed Messrs. Byron E. Hamer, Chairman, John Chappelear, Jr** Bomatd E. Radford and William F. Clark as members of the committee, LICENSES-TAXES: Council having set a public hearing for 2 p.m., Monday, December 26, 1970, on proposed amendments to the License Tax Code, the matter was before the body. In this connection, the City Attorney submitted the following report transmitting three forms of Ordinances relative to certain amendments to the License Tax Code, advising that the revJsio~s are a result of u ruction-by-section study and comparison,of the present License Tax Code with the changes recowwended by the Roanoke Tax Study Commission lnterlw Report No, 3, such comparison having been made by the Cowwissloner of the Revenue, the City Aud. ito~ and the City Attorney and attempting to explain the essense of the proposed amendments and addi- tions to the existing License Tax Code: "December 28, 1970 The Honorable Mayor and Members of Roanoke City Council Roanohe, Virginia Re: Amendments to License Tax Code In accordance with t~e directive made at ~ special meeting held December 11, 1970', of the Council acting os o committee of the whol~.to~ study the City*a License Tax Code, there have been pre- p~red and are t~husmitted herewith three forms 'of ~rdlnances relative to certain amendments to the aforesaid License Tax Code, The revisions which appear in the propose~ ordinances are a result of u section-by-section study and comparison of the present ~l- cerise Tax Code with the changes recommended by the Roanoke Tax Study Commission*s Interim Report No. 3, such comparison having been made by the Commissioner of Revenue, City Anlditolr and City Attorney. It mas felt that, within the time allowe.d, the task could be best accomplished by amendment of certain sect'ions of the existing Code rather than by attempting to 'adopt th~ Ta'x Study Commissionts rearrangement of th'e provisions' ne'ede~ in a compre- hensive, license t.ax .co~. . .... I~ is suggested that the ordlnanc'es transmitted herewith, together · with the aforesaid Tnx Study Commission*s Interim Report No. 3, be carefully studied to see that the proposed revisions reflect the changes iht'ended by the Council. ~In addition, the undersigned has requested that the Commissioner of Revenue and a r.epresemta- tire of the City Auditor*s Office be in attenda~c~ at the Council Meeting o( De~cember' 2~, .1970, a~d to b~ prepared to explain the · details of the revisions, Jhile the pen'ding opening of the Roanohe Civic Center will neces- sitate certain changes in the License Tax Code, because of the time element involved, no express provision has bee.n made at this tine, ns it ia considered that this can be done by separate ordi- nance at the Conncil*$ convenience after the first of the year, Vhat follows is an atteppt to explain the essens'e of the proposed amendments and ad~ations to the existing License Tax Code. It should be noted that only changes and additions covered, by the proposed ordinances are hereinafter mentioned, it being felt that there are many matters of the Tax Study Commission's Interim Report No. 3 which are too mane'roms to be detailed in this report, The first form o*f ordinance deals with certain administrative mat- ters recommended by the Study Commission and the Com~Jssioner of Revenue. They may be ootIJned as ~ollows: Sec. 3. This amendment eliminates the 10 per cent sur- charge imposed for the tax years 1959 and 1970, and which expires bY its own terms as of December. 1970. Sec. 6. This amendment would make every days ~efault a separate offense for failing to make application for a required license. Sec. 10. This amendment would allow for the ~ommi.ssioner to adjust and revise erroneously or improperly re- ported bases for varioos licenses. Sec, 12, This amendment would elimina'te reference to the seventy-fJye cent fee presently required to be added to al! licenses upon issuance. ~319 mould provide rot better udmlnlflrutloe regarding ' the dlspluy of license tsgs'sid'slgus end further, provide for some mensnre of convenience to the licensee In'the Eee~ihg and display thereof. Sec, 18., This amendment deletes,"from the present Code, the duty of the Counissioner to make monthly report to the-'City Manager of unlicensed persons'in the' City, the ~ecessltl fur this prorielon being elimi- nated by prior enplolment of · License Inspector for this specific purpose, Sec. 21, This suenduent mould, again, elimiunte refer- or · license. The foltomiug amendments and additions are so Article Il, being the substantive portion of the License Tax Code. In making certain or the changes hereinafter set out, the Tax Study Con- Code as Sec. 96. Mhile these recommendations hare been carried out mithin the framework or the existing Code, the present $4000 96. has been retained. Sec. 30. Adjusters; claim and collection agencies; Sec. 31. AdveFt~ing agents or agencies; Sec. 32, Agencies, mercantile or otherwise; Sec. 33. Agents for labor; Sec. 34. Agents, manufactured implements or machlnes~ and Sec. 36. Alarm or detector service. Amendments to each or these sections, as recommended by the Study Commission would, In each case, change the rates to that or pro- ressiona! services; viz: A L~ense tax or twenty dollars plus $1,10 aa each hundred dollars' of gross receipts derived from such buslness In excess or she first $4,000 or such guess receipts. Sec. 3~.1. This is an addition t~ the present Code which would provide for a fla~ $20.00 tax to be lnposed upon any antiqua, rood or rummage shams or so]es sponsored bZ charitable, religious, terna! and otheF nonprofit organizations, as recom- mended by the Tax Study Commission. Sec. 39. This amendment eliminated the obsolete reference to the Code of Virginia, and, in addition, changes first $4,000 in gross receipts. of barber and beauty culture schools from $110.00 to a tax of $30.00 plus $.75 per hundred or gross receipts Sec. 4?. This amendment would add a subparagraph (fl so os plus $.55 per hundred to a base tax of $20.00 plus $1.10 per hundred on all commissions, gross profits other brokers. tax of $50.00 on each concession rot the sale of an! Sec. 57. Thi~ ·nendmeat Uould'ch·nge the rate of person· engaged ia the bnslne·a'of boise cleaning, cie·ming walls, furniture, mladomse blinds, cornices, trimuingso or the outside of buildings other than as a domestic servant from a flat t·x of'$55.00 ~ · tax of $55.00 plus $.55 per hundred on gross receipts in excess of $5000.00. ' Sec, 60.1. This addition to thq present Code would create u nam subdivision of coatr·ctors, for persons engaged in ~he b~slaess of landscaping, g·rdeniage tree surgery cad the li~eo end It mould place the same tax upon such pasons es is a~plicable to the other contractors. Sec. 65. This ·menduent again incorporates the Study Co~uission*s recommendations on theoperation of schools end mares the operatioa~of dancing schools taxable at the rate of $30.00 plus $.75 upon CacheS100 of gross receipts. ' Sec. 67. This amendment places the operation of detective agencies or matchuen or protective services h the professional category at n rate of $20.00 plu~ $1.10 pe~ hundred in exces~ of ~he first $4000 of gross receipts. Sec. 70, This amendment would lucre&se the present rate of $1100 applicable to fortunetellers to $1500. $ec..72. This significant change mould a~nd the basic tax on operators of garages and parking lots from the present base tax of $30~00 plus $1.10 for each stall in excess of five to a base tax of $1.00 for each space ay&liable fo~ parking or storage purposes plus $.S5 on each $100 of gross receipts. Sec. 74. This auenduent would eliminate the present graduated tax based upon the number of bedrooms in u hotel, motel, mot~ court or like establishment end mould place thereon a base fee of $55 and in addition the current tax of $.55 per hundred of gross receipts. Sec. ~6. This amendment mould place inter or decorators mithin the professional tu~ r~te'nf $20 plus $1.10 per hundred in excess of $4000 in gross ~c~ipts. Sec. ~8. This amendment increased the specific license tax of $220.00 now applicable to itinerant vendors and itinerant'auctioneers to $5~o.oo. Sec. 79. This amendment eliminates from the present Code the obsolete reference to the Code of Virginia in that the Judge of the Hustings, Cmrt is no longer authorized under general la~ to license junk dealerst such, licensing, in the future, apparently to be' done by the Council in accordance with Sec. 54-626 of the 1950 Code ~f Virginia, as amended. Sec. 61. This amendment'increases the base tax upon the business of ' photographic copying, letter writing and similar reproductive business from $30 to $55 plus $.55 per hundred of gross receipts. Sec. ~3. This amendment to subparagraph (f) ~f S~c. ~3. m~uld increase, from a bane tax of $50 plus $.10 per hundred In gross receipts to $50 plus $.50 per hundred in gross receipts upon persons engaged in the business of making, handling and collecting loans for himself or others when such person is neither a duly incorporated banh or institutional lender. Sec. 94. This amendment mould increase the rate of tax upon persons in the business of'job printing from $55 plus $.11 per hundred of gross receipts to $55 plus$.55 per hundred of gross receipts. Sec. 101o This amendment mould standardize the rate of the operation of any sort of school within the City. It mould result in a probable reduction in the tax, the recommended rate being $30 plus $.75, rather than the present $.83 on each $100 of gross receipts. Sec. 101.1. This addition to the present Code mould recognize the fact that persona engaged la the business of processing and dismantling materials for sale as reusable scrap should not be called junk dealers asthey have been lo the past. The hem section would define the business and place upon it an annual tax of $275 plus $.55 on'each$100 of gro~s purchases made by such scrap processor..a rate similar to junk dealers. 32:L Sec. 102, Thin ·nendnent mould lucre·se, from the present base r·te or $10,00 to S55,00 plus $,55 per hnndred or gross receipt· on person· e·g·god Il the business of shoe rep·ir providing such person is not licensed-n· u retd l march·nm, - . Sec. 105, This ·nendment mould piece n flat-fee or $100,00 on each *solieitoticn or promotion b7 eert·in person· rnther than the present t·x of $30,00 for e·ch dey'sucb · solicitation or promotion i· carried on, Sec, 108, Thin amendment Uncrates. fire-fold the present'tax'si $200,00 upon persons engaged in the business of tattooing to $1000,00. Sec, 109, This amendment delete·, from-the present section dealing with taxicabs sad other for-hire passenger motor vehicle operators, e reference to u $175 fee for the issuance of such license. Sec,'IlO, Thin ·nendnes~ changes the rain om ticket sellers and trnrel agencies to the professional rate of $20,00 plus $1,10 on each $100 of gross receipts in excess of $4000, Sec, 111, Thin amendment changes the tax upon persons operating title plu~ts from $55,00 plus $,55 per'hundred to the professional rate of $20.00 plus $1,10 per hnndred Ju excess of the first $4000 of gross receipts, There is contained In the third ordinance transmitted herewith, us · new sect~n proposed to be umbered 98,1, an altogether men provision which would impose a license tax upon permns, as principals, nbc engage in rental of land, houses, apartments end commercial property, and would provide for a tax of $20,00 plus $.50 per hnndred of gross'receipts in excess of $2000.00. It is hoped that this report, when read in conjunction with the ordinances transmitted herewith° as well as the Roanoke Tax Stud/Commission*s- Interim Report No. 3~ will be of some help to~e Council in its deliber- atiom concerning the amendments to the Licme se Tax Code. Respectfully submitted, S] J, N. Kincanon J. N. Eincanon~ Hr. LJSk moved that Council concur in the ~port of the City Atto~ ey and offered the folloming emergency Ordinance amending Section'3, 0, 10, 12, 13, 10 and 21 of Chapter 0, T~le ¥I, Taxation of The Code of the City of Roanoke 1956, as amended: (~19452) AN ORDINANCE amending and reord~ ming Sec. 3. Levy; purpose; Sec. 6. Penalty for not making application; Sec. IO. Basis for computation; Sec. 12. License taxes; nhen payable; penalties; Sec. 13. Display of license; Sec. 16. Begifluerh license; and Sec. 21. Continuance without license; penalty, of Chapter License Tax Code, Title VI. Taxation, of'the Code of the City of Roanoke, 1956, as amended; and providing for au emergency. (For full text, see Ordinance in Ordinance Book No. 35, page Rt. Lisk moved the adoption of the Ordinance. The motion'was'seconded by Mr. Trout and adopted by the following vote: AYES: Ressrs. Garland, Llsk, Taylor, Thomas, T~ut ~h~ler, and Rayor ~ebber -?. NAYS: None -0. Mr. Ltsk then offered the fo~low~ng emergency Ordinance amending Sections 30, 31, 32, 33, 34, 36, 38.1, 39, 44,47, 51, 52.1,57, 60.1,65, 67. 70. 72, 74, 76. 70, 79, BI. 03, 94. 101, 101.1. 102, 105, 10O. 109, 110 and IH of Chapter 6, Title VI, Taxation of The Code of the City of Roanoke, 1956, as a~ended: (n19453) AN ORDINANCE emending end reordaiuing certain sections or Chapter 8. License Tax Code, of Title VI. Taxation. of the Cod~ or the City or R~anake0 19S6, as amended, ns follows, viz: Sec. 30. Adjusters; claim and collection agencies{ Sec~ 31. Advertising agents or agencies; Sec. 32. Agencieao mercantile or otherwise; Sec. 33. Agents for labor; Sec. 34, Agents, maeufactured Implements or machines; Sec. 36. Alarm or detector devices; service; by the ~ddition to said chapter of new Sec~ 38,1, Antique, food. or rummage shoos and sales sponsored by nonprofit organ- izations; See. 39. Auctioneers{ common criers; Sec. 44. Barbering schools, beauty culture schools; Sec. 47. Billiards, bowling alleys, pool or bagatelle tables, dance hells, etc.; Sec. Si. Brokers, commission merchants, etc.; Sec. 52.1, Certain trade promotional activities sponsored by c~rt~in trade promotional a~sociatio~s or corporations; Sec. 57. Cleaning walls, windows, houses, carpets, etc.; by the addi- tion to said chapter of new Sec. 60.1. Contractors, landscape, gardening, etc.; Sec. 61. Corporations, firms, partnerships, etc.; Sec. 65. Dancing schools; Sec. 67. Detective agencies and watchmen; Sec. 70. Fortuneteller; Sec. 72. Garages and parking lots; Sec, 74. Hotels, motels, motor courts, boarding houses, 'lod~lnghouses and tourist homes; Sec. 76. Interior decorators; Sec. TH. Itinerant vendors and itinerant auctioneers; Sec. 79. Junk dealers; Sec. BI. Letter writing and photo- graphic copying; Sec. 83. Loon companies, etc.; Sec. 94. printing, Job; Sec. 101. Schools; by the addition to said chapter of new Sec. 101.1. Scrap processors; Sec. 102. Shoe repairing; Sec. 105. Solicitors, Sec. 10~. Tattooing; Sec. 109. Taxicabs or other for bite passenger motor vehicle operators; Sec. IlO. Ticket sellers; travel agencies; and Sec. Ill. Title plant; and providin9 for an emergency. (For full text of Ordinance. see Ordinance Book No. 3S, page 70.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by ~r. Garland and adopted by the following vote: AYES: Ressrs. Garland, Lisk, Taylor, Thomas, Trout. Wheeler and Nayor Webber ' =?. NAYS: None O. In this connection, Mr. Burton L.. Albert, Attorney, ~epresenting Roanoke Scrap I~on and Metal Company, Incorporated, and Virginia Scrap Iron and Metal Company appeared before the body in opposition to Section 101.1, Scrap Processors, and advised that his clients are of the opinion that s~rap dealers should be ~lasstfJed as nanefacturers and requested that tbis portion of the proposed Ordinance be deferrec one week in order for him to present a written report to Council. Mayor Webber advised that Council mould proceed with the adoption of the Ordinance and when the communication from Mr. Albert is formally presented to the body that portion o f the Ordinance pertaining to Section 101.1 would'then be llth farther reference to the matter, ns Ordinance amending Section 98~1, of Chapter S. Title VI, Taxation of The Code of the City of Roanoke, 19560 us ~mended, adding a new section providing certain definitions and classifications end imposing an annual license tax upon the renting:of land, houses, apartments or commercial property mss also before the body. In this connection, Mr, John #. Boswell, Realtor, appeared before the body in opposition to the proposed Ordinance.advising that a person mbo guns rental property is already paying three types of taxes, real estate taxes, state income taxes and federal income taxes and pointed Out that the taxpayers cannot afford higher taxes nor more taxes. Mr. Jame~ L. ~rinhie, President, C. R. Francis ~ Sons,'Incorporatedo appeared before the body on behalf of himself, his company, the Roanoke Valley Boa~d of Realtors and · large number of clients and urged that Council not adopt t~e proposed Ordinance until it has had ample tim~ to study the r~mificetions i~vol~ed. Mr. R. R. Q'ulc~. President. Ouich Realty Company. also appeared before the body in opposition to the proposed Ordinance and advised that Council should encourage business into this area not discourage it with this type of taxation. Approximately 40 persons a~peared in opposition to the proposed Ordinance. ~fter a lengthy discussion of the matter, Mr. Trout moved that the Drdi~ance be taken under advisement until 1971-72 budget study and that in the hale Con'cai ~hould be furnished with additional information with regard to the The motion was ~econ~ed by Mr. Thomas. Mr. Lisk offered a substitute motion that the public hearing be continued until March ~9, 1971. The motion was seconded by Mr. Garland and lost by the follow- tag vote: AYES: Messrs. Garland, Lisk, and Taylor ..................... NAYS: Messrs. Thomas, Trout. Rheeler and Mayor Rabbet 4. The original motion was then adopted by the following vote: AYES: Messrs. Garland, Lisk, Zaylor, Thomas, Trout, Rheeler and Mayor NAYS: None O. Mr. Garland then offered the following emergency Ordinance amending Section 38.1. of Chapter 8, Title VI, Taxation of The Code of the City of Roanoke, 1955, es amended, defining a licensable business end imposing an annual license tax for the privilege of ~onducting such business in the City of Roanoke. After a discussion of the matter, Mr. Thomas moved that the Ordinance taken under advisement until 1971-72 budget study. The motion was seconded by (r. Rheeler and adopted, M~. Garland voting no. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board, requesting that $2,§66.00 be appropriated to Section #63000, *Schools - Library and Materials," of the 1970-71 budget of the Roanoke City School Board, which rill be 100% reimbursed from federal funds, was before Council. Hr. Llsk moved that Council concur In*he request of the Roanoke City School Board and offered the following emergency Or~nance: (819454) AN ORDINANCE to amend and reordaln Section ~63000~ 'Library Books C Materials,' of the 1970-71 Appropriation Ordinance, and providing for (For full text or Ordinance, see Ordinance Book No. 35° page 79 .) Mr. ~lsk moved the adoption of the Ordinance. The motJ~ was seconded by Mr. Trout a~l adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor° Thomas, Trout, Jheeler and Mayor. Webber ................... 7. NAYS: None ........ O~ TAXES: A coumunlcation from Hr. M. Coldwell Butler, advising that under the provisio~of paragraph (b) of Section 6, Article X of the new Constitution, the General Assembly may, by general law, authorize local governments to provide for exeupt~m of real estate owned and occupied by persons over the age of 65, that it is his intention to seek enactment of legislation which will permit the City of Roanoke and other localities to provide this exemption and requesting a Resolution from Council in support of this effort and further a~sing that under paragraph (g) of the same section, the General Assembly, nay, by general law~ authorize any local government to i~pose a service charge upon the owners of exempt prop~ty for services provided by the local governments and th~ it is his intention to seek the enactment Jcl legislation which mould authorize the City of Roanoke and other localities to impose such a s~vlce charge and also requesting a Resolution from Council in support of this effort, was bef~e the body. Hr. Llsk moved that Council ~ctlug as a Committee of the magic meet with representatives from the City of Roanoke to the Oerfral Assembly to discuss the matter in detail. The motion was seconded by Mr. Thomas and unanimously adopted. ZONING: A communication from Hr.' S. A. Barbour. reiterating his request to erect homes on Lots 2 and 3. Block 23, Old Rasena Map, advising that rank dis- crimination Is being shown by the City Planning Director and th~ City. Plantin9 Commission in refusing to give proper consideratioo to his request to batld hones on these lots and respectfully requesting that a proper viewing of these ~ts be made by thcproper authorities and that a hearing be held on the m tter, was before CouncJ Mr. Garland moved that the matter be referred to the City Manager and the City Plaoning Commission for reconsideration and report to Council. The notion was seoonued by Mr. Nhecler and unanimously adopted. CENSUS: A communication from Mr. Jay Shrepshire, Clerk, House Committee on Privileges and Elections, advising that there will be a public hearing in Richmond Virginia, on Wednesday, January 21, 197i, providing for O city-county population breakdown which~has been released by the Bureau of t~ Census and that the sub, eot of the hearing will be the reapportionment of the House of Delegates in accordance with the mandate by the Constitution, was before Council. ~325 Mr. Wheeler moved that the communication be referred to thn City Manager for his information. The motion mas snconned by Mr. Trout mud unanimously adopted. SCHOOLS-TOTAL ACTION AGAINST POV£HT¥ IN ROANOKE VALLEY: A communication from Mr. James N. Stamper, Director TAP Prngram Planning ~ Evaluation, transmitting CAP form 46, Checkpoint *Procedure for Coordination Hetwe~CAP mud Other Anti'Poverty Activities, requesting that the form be filled out and returned to TAP. ~nd advising that completion of the form signifies to OEO that Counc'll had an ~portunlty to comment on the plans of TAP as' they were being prepared but does uot necessarily indicate that the plans have the official endorsement of Council, was before the body. Mr. Wheeler moved that the conmunicatf~i and form be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. PLANNING: A communication from Mr. Robert M. Shannon, Secretary of the Fifth Planing District Commission, transmitting copy of an audit of the Fifth Planuin District Commission, mas before Council. Mr. Wheeler moved that the communication and audit be received a~d filed. The motion mas seconded by Dr. Taylor and unanimously ad~pted. REPORTS OF OFFICERS: RUDGET-POLICE OEpARTEENT: Council having adopted an Ordlunuce posting and offering to be paid by the City of Eounoke o reword In the sum of $4,000.00, cash, to the person first furnishin9 to police authorities information directly leading to and responsible for the apprehension and final conviction of the person or persons responsible for the untimely death of Miss Ruby O. Moran, on November 17, 1970, in City of Roanoke, the City Manager submitted a written report advising that since adoption o! the Ordinaoce contributions in the amount of $1,2§0.00 have been received~ to increase the reward to the amount of $5,250.00 and recommending that $5,250.00 be appropriated to Investigations, Studies aud Rewards under Section ~45,*'PolJce Department," of the 1970-71 bodget.' Mr. Wheeler moved that Council concur in ~e recommendation of the City Manager and offered the following emergency Ordinance: (n19455) AN ORDINANCE to amend and reord~ n Section u45. *Police Oepartmet of the 1970-71 Appropriation Ordinance, and proviming for an emergency. (For full text, see Ordinance in Ordinance nook No. 35, page O0,) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Trout. and Mopted by the following vote: AYES: Nessrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Ma~or Mebber ..... NAYS: None ............. O. CITY TREASURER-STATE COMPENSATION EOARD-HUDGET: Council having referred to the City Mnuager for the purpose of conferrln~ with Mr. J. H. Johnson, City Treasurer. as to the costs involved in connection mith Installing f~o~new remZttaece control cash re~tsters in the Office of the City Treasurer. the City Mana~er snbmitte the following report recommending that $365.00 be appropriated to CIP-IO, Hnoiofpsl Building under Section n~9, 'Transfers to Capital Improvement Fund,' of the 1970-71 budgeto to provide funds for the construction of~ · customer service counter in order to Utilize the four hem cash registers, said work to be performed by Hodges Lumber Corporation: · 'Ronnoke, Virginia December 20° ]970 Honorable Mayor and City Council Roanoke, Yfrgfnin Gentl~nen~ The City Council referred to me several meetings ago a requst of Mr. Johnson, City Treasurer, on thematter of the customer counter in his office in the new building, The counter is not adaptable to the new cash registers. The counter Was designed for new registers and constructed accord- ingly.- Howerer,.the manufacturer changed the design.of the registers WitaOUt apparently everybody involved having proper notice. Hodges Lumber Company is Jn a position at this immediate time to do this werh end con bare It available shoat the loth of January when Mr. Johnson needs the in'stallatJon of the new cash registers. The cast is $365 which is consMered reasonable under the circumstances. It is recommended tl~t City Council by appropriate action authorize this expenditure from the Huilding Construction Account. Respectfully submitted, $/ Juthn F. Hfrst Julian F. HJrst City Manager* Dr. Taylor moved that Council concur iu the recommendation of the City Manager and offered the'following emergency Ordinance: (n19455) AN ORDINANCE to amend and reordain Section n69, "Transfers to Capital Improvement Fund," of the 1970-71'Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book Ho. 35, page Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and May or Webber ..................~ .....~7. NAYS: None ............ O. WATER DEPARTMENT-APPOINTMENTS: The City Manager submitted the following report advising that he has appointed Mr. Kit B. Klser as Manager Of the City of goanoke Water Department at a salary o~ $13,920.00 per annam and recommending that $1~206.o0 be appropriated to Personal Services under Section a320, "Mater-General* Expense,' Of the 1970-71 budget, to provide necessary funds for said salary: "Roanoke, Virginia December 28, 1970 Honorable Mayor and Ci~ Council Roanoke, Virginia ~327 Gentlemen: ,, ~ - - .-- ~ Pursuant to the pr0ceduru as p~6in~Jbed b~:s~iio~.21%etthe ~' Charter or ~e CltF~ Iuould~idrise~the 'City~C0b~li~f~th~appbihtment of Hr. [it ~ [tsar ns lu~ager~o£-t~e~i0ueohe'Cit~ Wate~ Oepnrtlcnt. I feel that~Mr~ Xiser Water Department will be f~rtuiSte~iu having hiu in'the managerial'post. AS bactground, he cane uith the City on Hovemberl, 1967, ns engineer h the Eiter Department. His bactground prior to that Morn nt Haysi, Virginia, April 10, 1943. Graduuted'VPl'wlth B. S. degree in Civil Eugiueering In 1965, worked with the Tennessee Valley Authority Jn 1961 to 1964 ns Rodwan up to Fatty Chief for surrey Junior Engineer In 1965 with the Department of Water Resources for the sate of California in Los Angeles. From 1965 to 1967~ First Lieutenant in thm Army. ~e wan the 6th man In the State to receive a Class A Water Treatment Certificate from the Cosuonuealth, be that the appointment be retroactive to December 16, 1970, and that that date be set as his formal date Of appointment. I mould recommend to the City Council that the salary for the position be established as $13,920 and would further recommend an R~spectfully submitted, S/ Julian F. Hirst Julian F. Hlrst Cit~ Manager" ~DF. Taylor moved that Council COnCUr in the report of the City Manager nd offered the following Resoluflm confirming the appointment made by the City (n19437) A RESOLUTIO~ confirning the City Manager's appointment of Iht M. (iser as Manager of thc city's Water Department, effective December 16, 1970. (For full text of Resolut~n, see Resolution Meek No. 33. page MI.) DF. Taylor moved the adoption of the Resolution. The motion was seconded ~y Mr. Lis~ and adopted b~the follouing Vote: AYES: Messrs. Garland, List, Taylor, ~homas, Trout, Eheeler and Mayor ~ebbe~ 7. N~YS: ~one Mr. Thomas then of[ered the follouing emergency Ordinance fixing the ~nnual compensation provided for the Manager of the Yater ~epartment: (a19438) AN ORDINANCE fixing the annual compensation provided for the damager of the Eater Department and, to that extent, amending Ordinanc~No. ~nd providing for am emergency. (For full text of Ordinance, see Ordinance Mooh No. 33. page Mr. ~homas moved the adqlJon of the Ordinance. The motion was seconded ~r. List and adopted by the follouing vote: AYES: Messr's. Garland, List, Taylor, Thomas, Trout, Ifheeler and Mayor NAYS: None ............. O. Dr. Taylor then of£er~d t~e following emergency Ordinance appropriating ~1.206.00 to Personal Services under Section a320, "~ater - General Expense0" of the 1970-71 budget: (819459) AN ORDINANCE to amend end reordoln Section u320, 'Water - Generu~ Expense,' o~ the 1970-?1 Appropriation Ordinance%nad provfdingfor ns emergency. IFor ru*ll text, see Ordinance in Ordinance Rooh ~o. 35, page e2.) or. Taylor moved the adoption of the Ordinance. The notion mas seconded by Hr. Thonas and adopted by the following vote: AYES: Messrs. Garland, Link, Taylor, Thonas, Trout, Wheeler and Way~ Webber T NAYS: None ........... O. ~ALE OF ~ROPERTY-SEWERS AND S*TORM DRAINS-SIDEWALK, CURB AND GU~TER-STREETS AND ALLEYS: Council having directed the City Manager to make one final effort to negotiate with Mr. and Mrs. Go R. Cyphers or their Attorney to determine a definite price for their property needed in connection with the widening of Garden City Roulevard, $. E., the City Manager submitted the fol~wiug report pointing out that h October, 1969o Mr. amd MFS. Cyphers advised they mould accept $2,000.00 for this parcel of land and pointing out that he will meet with Mr. and Mrs. Cyphers and their attorney to again describe the project and see if they mould be acceptable to "Roanoke, Virginia December 28, 1970 Honorable Mayor and Cl~ Council Roanoke, Virginia Gentlemen: Two meeks ago, I at. eared before the Council with a recommendation Of property owned by Mr. and Mrs. G. R. Cyphers on Garden City Roule- vard. This is property needed for a widening project that has been authorized for over two years amd me have been negotiating and attempting to secure this right of may from Mr. and Mrs. Cyphers for approximately a year and a half. In my presentation to Council, the question was ashed as to whether we have had an offer fro m Mr. ondMrs. Cyphers. I replied References to my file and conversation with Br. Benton O, Dillard, Attorney atLaw, whu is now representingMr, and Mrs. Cyphers, have properly necessitated a correction on that point. Mr. Dillard bas directed a letter to the Council in raged to this. In me.o£ the conversations of Mr, Garrett, Right of ~aY Agent, with Mr. and Mfs. Cyphers, in October, 1969, he awned them~ as he had On that particular occasion, they wrote on the option ~2,000. The figure was so far out of line with our independent appraisal of the value of the strip and our offering that Mr. Garrett left the option with them. X ~ntered n note in my file to this effect which X did not recall at the time of the appearance before the Council. With this 9rent differential there appeared no room for negotiation and the figure I have lndJca'ted to Mr, Dillard that ] would meet wlta him and his clients to again describe the project and to see if they would be acceptable to the conveyance to the City. Respectfully submitted, S/ Julian ~, Hirst ' Julian P. Rirst City Manager" In this connection, u communication from Mr. Benton O. Dillard, Attorney, represeutin Mr. and #rs. G. B. Cyphers, advising that bis clients have offered to convey tleir~nrcel of load to the City of Roanoke for the sun of $2,000~00 and that his ~lients ore Willing to neet with the proper city offL~nls for the purpose of attempting to negotiate settlement without condemnation proceedings, was beforn the body. Mr. Lisk moved that ~e report of the City Manager and the communication fro Mr. Benton O. Dillard bo received and filed. The motion nas seconded by Dr. Toylor end unanimously adopted. DOnATIOnS: The City Manager submitted the following report in connection with on offer to donate a large amusement type slide which is now privately owned and operated on Hrandon Avenue, $. W.. recommending that the offer be declined based upon several reasons: 'Roanoke, Virginia December 2B, 1970 Honorable Mayor and City Council . . Roanoke,Virginia Gentl~e~: The City Council has previously received on offer of donation to the City of a large amusement park type slide that is now privately owned end operated on Brandon Avenue. immediately west of the Towers Shopping Center. The owners have offered to donate this to the City on an as is where is basis. The matter has been referred to this office for consideration end reply. Me have reviewed the proposal at length and are of the general opinion that the best recommendation mould begat the City, with appreciation, decline the offer. There are several points that produce this decision. FOr the O~y to operate such a facility, it saould be moved to public park property. There would be question as to the Justification for continuing it at the present location under c~y ownership which would mean that~thn City would be involved in the outlay for rental of property, for staffing the operation and for operating what would be, in all sense, a connercial facility. Assuming then its relocation, other problems mould develop. Me have no logical estimate as to.the cost of dismantling and reassembliog. The structure is such that it would have to be done through the use of crane equipment starting at the top and working down layer by layer. Some of the intersecting pieces are spot welded which adds to the expense of dismantling.- A major problem though is the uncertainty that accompanies dismantling a structure such as this and being assured t~.at it can be reassembled. For any period Of tine framework such as this develops certain rigidity and certain stresses and strains within the members. It is extremely difficult in reassembling to be able to match back together with the same tensions and com- pressions in numbers and this adds to the cost. 'A further matter of attention is our anticipation of the necessity of employment of at least two and possibly three full time persons for the entire period that itnould be in operation. There is liability potential Jn a unit such as this. especially wheH operated by the City. Thi.s plus the nature of the Operation necessitates two or three full-time personnel. It would be generally felt that such a slide facility could and would be best operated by private enterprise and the inherent problems to the City mould make our requiring it and attempting to reinstall it questionable. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" Mr. Wheeler movedthat the report be taken under consideration. The motim fas seconded by Mr. Trout and uncninously adopted. AUDITS SCHOOLS~ The City Auditor submitted n mritten report on an examina- tion of the records of the Lee Junior High School for the school year nnding June 30° 1970, advising that the Statement of Receipts and Disbursements reflects recorded transactions for the peflod and the financial condition of the fund at the end of tim audit pcriod. Mr. Mheeler moved that the report be received and filed. The motion mas seconded by Mr, Trout and unanimously adopted, REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: AIRPORT: Council having deferred action on a report of the Airport Advisory Commission in connection mith the request of ITT Onsumer Services Corporation for an increase in parking rates and the installation of on automatic gate at the employees parking lot at Roanoke Municipal (Woodrum) Airport, Mr. Richard F. Pence, Attorney. representing ITT Consumer Services Corporation, appeared before the body and advised that when t~ls matter cane beTore the Airport Advisory Commission on Nednesday, December 16, 1970, he was not notified and requesting that the matter be referred back to the AirportAdvisory Commission in order for him to present pertinent information and data in connection w/th the request. Mr. Trout moved that Council concur in the request and that the matter he ~eferred back to the Airport Advisory Commission. The motion was seconded by Mr. ;arland and unanimously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOL~ IONS: JAIL-BUDGET: Council having directed the City Attorney to prepare the )roper measure appropriating $1,750,00 to Other Equipment - New under Section n2b, 'Jallo~ of the 1970-71 budget, to provide funds for the purchase of two No. C, R. 40, ;eneral Electric ranges at a total cost of $1,b06.40, said amount to be shared two- ;birds by the State of Virginia and one-third by the City of Roanoke, Mr. Trout )ffered the following emergency Ordinance: (nl~4bO) AN ORDINANCE tnamend and reordaJn Section ~26, *Jail,~ of the [970-?1 Appropriation Ordinance, and proviclng for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, pageO~) Mr. Trout moved the ~optton of the Ordinance. The motion was seconded by Ir. Mheeler and adopted by the following vote: AVES: Hessrs. Garland, Lisk, Taylor, Thomas, Txmt, ~heeler and Mayor ?ebber ................... 7. ~AYS: None ......O. AIRPORT: Council havilg directed the CAtI Attorney to prepare the proper 3easure concurring in certain recommendations made to the body by the Airport Advisoz ;ommission, he presented same; whereupon, Dr. Taylor offered the folloming Resolution: i819461) A R~SOLtrrXON concurring in certain recomnendctions made to the Council by its Airport Advisory Comiission, IFor tull text of Resolution, see Resolutfa! Rook No, 3S, page 83.) Dr. Taylor moved the.adoption oY tMResolutiol. The noti~n was seconded by Mr. Trout and adopied by lhe folloming vote: AYES: Messrs. Garlond,'Llsk, Taylor, Thomas, Trout, Wheeler and Hoyor Webber ...................... 7. NAYS: None-~ ........... PRANCBISES: Mr. Lisk offered.the follouing Resolution appointing 8 commit- tee to stud! and report on the subject of franchises: (a19462l A RESOLU~IO~ appointing a committee to study end report on the subject of franchises. (For full text of Resolutbn. see Resolution Book No. 35, page B3.) Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Mr. Thomas and ad, pied by the following vote: AYES: Messrs. Garland, Lash, Taylor. Thomas, Trout. Mheeler, and Mayor Mebber ......................... 7. NAYS: None ............. O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no ftrther business, Mayor Webber declared the meeting adjourned. ATTEST: City Clerk APPROVED Mayor CO~UNCIL,~ REGULAR MEETING° Monday. Janmry 4, 1971. The Council of the City of goanoke met in regular weetin9 in the Council Chamber in the Mun'ici~al Building Annex, Monda~o January 4. If?l, at 2 p.m., the regular meeting hoar, with Mayer Mebber'presiding. PRESENT: Councilmen Robert A. Garland. David K. Lis~. Noel C. Taylor, Ja~es O. Trout. Vincent S. Mheeler and Mayor Roy L. Mebber ........... ABSENT: Counci'lman Hampton M. Thomas 1. OFFICERS PRESENT: Mr. Jul'lan F. HI'st. City Manager, Mr. Byron E, Hamer. Assistant City Manager. Mr. Janes N. Kincanon, City Attorney, and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Noel C. Taylor, Member of Roanoke City Council· MINUTES: Copies Of the minutes ~f the regular meeting held on Monday, December 21, If?O, and the regiar meeting held on Monday, December 26, 1970, having been furnished each member of Council, on motion of Mr. Link, seconded by Mr. Garlan~ and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. ' HEARING OF CXTIZENS UPON PUBLIC MATTERS: AUDITORIUM-COLISEUM: Pursuant to notice of advertisement for bids on furnishing and installing draperies and drapery hardware for the Roanoke Civic Center said proposals to be received by the City Clerk until 2 p.m., Monday, January 4, 1971o and to be ~pened at that hour before Council, Mayor Mebber asked if anyone had any questions about the advert~ement and no representative present raising any question, the Mayor instrncted the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: ._ Bidder Total Lump Sum Deduct Alt. No. 1 Leonard's Draperies - $ '1~,080.00 . $ 7,300.00 Jules Henri, Ltd. - 13,689.26 9,129.19 Regency House - 15,B50.00 9,500.00 Everett Maddey - 16,800.90 8,544,51 Stednan House, Inc. - 21,030.00 6,430.00 Dr. Taylor moved that the bids be referred to a committee to be appointed by the Mayor .or tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure, or measures, in accordance with the recommendation of the committee. The notion was se :dad by Mr. Nheeler and unanimously adopted. Mayor Webber appointed Mr. Byron E. Hamer, Chairman, Mrs. Evelyn S. Turner Mr. John A. Kelley, Mr. John W. Chappelear, Jr., and Mr. Howard E. Radford as members Of the committee. AUDITORIUM-COLISEUM: ~ursaant to notice of advertisement for bids on furnishing and delivering portable platform risers and runway for Unit A, Roanoke Civic Center Auditorium, said proposals to be received by the City Clerk until t p.m*, Mondhyo January 4, 1971, and to be opened ut that hour before Council, febber asked Jf anyone hud any questS ma about the advertisement and no represenmtlve present raining any qeeatiou, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened end read the one bid received from Virginia School Rquipment Company, in the amount of $3,657.50. Mr. Garland moved that the bid be referred to · committee to be appointed by the Mayor for study, report end 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. Llsk end unanimously adopted. Mayor Webber appointed Messrs. Myron E. Manet, Chairman. John W. Chappelear Jr., and Howard K. Radford as members of the committee. STREETS AND ALLEYS: Council having set a public hearing for 2 p.m., #aridly, January 4, 1971. 6n the request of Roanoke News Agency. Incorporated. that a triangul~ portion of an alley or roadway known as 9th Street. S. E.. be vacated, discontinued and cloaed, the matter was before the body. In this connection, the City Planning Commission submitted the following report recommending that the request be granted: ~November 24. 1970 The Honorable Roy L. Mebber, Mayor and Members of City Council Roanoke, Virginia Centlemen: The above cited request was considered by the City Planning Commission at its regular meeting of November 4, 1970. Mr. John J. Meall, Jr., attorney for the petitioner, appeared before the Planning Commis~nn mud stated that the petitioner is requesting this street closure so that he can expand his ~rking lot that abut this street. The City Engineer had, at an earlier date, favored this existing street closure, because of the maintenance aspect, and particularly considerln9 the dan~rous intersectional problem created by keeping this street open. · After due consideration of this request a motion was made. duly seconded and unanimously a~uved to recommend to City Council to 9rant the proposal. Siuoerely, S/ John M. Parrott. by L. M. John M. Parrott Chai£man" The viewers appointed to study the matter submitted a written report tdvising that they have riewed the alley or roadway in question and the neighboring property and are unanimously nf the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing the alley or roadway. No one appearing in opposition to vacating, discontinuing and cluing the alley or roadway, Mr. Wheeler moved that te following Ordinance he placed upon its [irst reading: (e19463) AN ORDINANCE enacted pursuant to the provisions of Section 15.1- 364 of the Code of Virginia (1950) as amended to date providing for vaoutin~dis- continuing and closing the~.tr!~n~ulnr portion of an alley or roadway In S. E., non unused tince n new bridge to the Roanoke Industrial Center be~ been constructed, more particularly described ns roll,us: BEGINHIRG at n point ut 20 being shown us 2 on Plum Ho. $065° 'prepared under duce or August 3la 1967o in the Office of the City Engineer, Roan,he, Vlrglnie~'n copy of which said Plan No. 5065 is on'file in the Office or the city Clerk; thence S. 14o 02'E. 69.36 feet tu'o point on the right-of-way of the Norfolk and Western Roll- way Company, said point being S. 79° 36' E. 30.61 feet frow'poJnt 3 on the above-mentioned Plan Ho. S065; thence with said railroad right-of-nay S. 790 36' E. 65 feet more or less to u point, thence In a northerly direction with the east side of the old right-of-way of 9th Street. S. E.. now unused due to the construction of the new bridge over to the Industrial Center 400 feet note or less along the property of Roanoke NewsAgency. Inc.. to a point on said 9th Street right-of-uay~ thence a curved line to the tight'he, in9 u'chord bearing and distance of S. O, 44.5' E. 267.26 feet, an arc distance of 269.68 feet, thence S, 12o 33' W,'43.06 feet to the Place of Beginning at and being'that portion of 9th Street. 5. K.. non nnused since the bridge to the Industrial Center has been constructed. h~EREAS, a petition has been filed with the Council of the City of Roanoke ~ursuant to'the provision of Section 15.1-364 of the Code of Virginia (1950) as ~mended to date, wherein It is asked that a triangular portion of an alley or roadway known as 9th Street, S. E., now unused since a new bridge to the Roanoke Industrial Center has been constructed, more particularly described above, be vacated, discon- tinued and closed; and MAEREAS, due legal notice nas posted as required by Section 15.1-364 of ;he Code of Virginia (lgSO) as amended to date, and in conformity with the leu in sucI :ese~ made and provided~ the land proprietors affected thereby along that portion )f said roadway bare been notified;.and Mt£R£AS, by Resolution No. 1~365 adopted on the l~th day of October, 1~?0, ~he Council of the City of Roanoke, Virginia. appointed viewers to report whether or ~ot In their opinion any, and if any, what lflconve~lence would result from permanentl] racatiog said portion Of said roadway; and )/HEREA$, the viewers appointed reported, in nriting, that after baying been uly sworn, they viewed the said alley or roadway and the neighboring properties and are unanimously of the opinion that no'lnconvience would result either to the ~ublic or to any person, firm or corporation from permanently vacating, discontinuing and closing said portion of said roadway;'and ' ' '' WHEREAS, the petition nas by the Council ~eferred to the City Planning ;ommissJon for its report and recommendation and the City Planning Commission recemmel ~d that said portion of said'roadway be vacated; and WHEREAS, the Council of the City of Roanoke caused a public bearing to be ~eld on the question after publication of dee notice thereof; and WHEREAS, this Council, afte~ considering the evidence submitted, is of the }plnlou that vacating that triangular portion of au alley OF roadway known as 9th ~treet, S. E., uow unused since a new bridge to'the Roanoke Industrial Center has been constructed, more particularly described above, Mill not abridge or destroy nay of the rights and privileges or nny person, firm or corporation nnd that no inconvenience would result to anyone therefrom, nad is farther of the opinion that the request or said petition should be granted. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke, that a triangular portion or u roadway known as 9th Street, S. E., now unused ~ince a new bridge to the Rocnoke Industrial Center has been constructed, more particularly described ns follows: BEGINNIng at a point ut 2~ being ~koun'as'2 on'Floe HoE 5065, prepared under the.date of'AUgust 31, 1967, in the Office or the City Eo~lneero Roanoke, Vlrginin. a c6py or which said Plan No. 506S is on rile'in the Office of the City Clerk; thence S. 14° 02' E. 60.35 feet to a point on the right-of-way of the Horfolk and Western Railway Co~pan~, sold poidt being S. 79° 36' E. 30.61 feet from point 3 on the cbove-nentJoded Plan No. 5065; thence with said Fallrold right-of-way S. 79° 36* E. eB feet more at less to a point; thence in a northerly direction with tbs east side Of the old right-of-way of 9th Street, S. E,, now moused d~ t6 the coestruction of the new bridge over to the Industrial Center 400 feet more or less along the property of Roanoh~'~ews'Agency, Inc.° to a point on said 9th Street right-of-way; thence a curved line to the right having · · chord bearing and distance of S. 0o'44,5' E. 267.26 feet, an nrc distance of 269.68 feet to n point;'theice S. 12° 33' W. 43.80 feet to the Place of Regin6ing'at'2; and being that portion of 9th Street, S. E.; uaw u~used since the bridge to the Industrial Center has been constructed; be permanently vacated~ discontinued and closed as provided by Section 15.1o364 of Code of Virginia (1950) as amended to date, and in accordance with the law in such cases made and provided, ,. . , HE I~ FUHYOER ORDAINED that not withstanding anytJting to the contrary. herein contained, the City of Roanoke reserves'unto itself au easement for any water or sewer or other public utility line or lines, if any, now e~isting~ in the above-described right-of-way, which is herein vacated, discontinued and closed, along with the right of ingress and egress for the maintenance and repair thereof. HE IT FURTHER ORDAINED by the Council of the City of Roanoke that a certified copy of this Ordinance be delivered by the City Clerkto the Clerk of the Hustings Court of the City of Roanoke, V~rginia; to' the Ckrk of the Circuit Court of the County of Roanoke. Virginia; and to the C~ty Engineer,of the City of Roanoke. Virginia; that the City Engineer of Roanoke, Virginia, make appropriate notation of the vacation herein ~pproved on the Official ~ap of the City of Roanoke, Virginia The motion was seconded by Mr. Ltsk, 'and adopted by the following vote: AYES: Messrs. Garland, LUsh, Taylor, Trout, lO, osier and Mayor Webber .............................. 6. NAYS: None ...............O. {Mr. Thomas absent) S~REETS AND ALLEYS: Council having set a public hearing for ~ p.m., Monday, January 4, 1971, on the request of Johnson-Carper Furniture Company, In- corporated, that the remaining portion of Daleton Street, N. E., be vacated, discon- tinued and closed, the matter was before the body. In this coenection,-the City Planning Commission submitted the following report recommending that the request be 0ranted: "November 24, 1970 The Honorable Roy L. Webber, Mayor and #embers of City Council Roanoke, Virginia The above cited request mss considered by the City Planning Commission ut its regular meeting o£ November 4~ lOTO, Hr. Curt L, Kinder, Jr.~ attorney for the petitioner, appeared before the Plsnning Commission and stated thut Johnson and Carper mould lihe this portion of the street vu£ated/prinarlly because of the need this street uaw already closed. After due consideration of this request u motion uaw made, duly grant this request. Sincerely, S! John H. Parrott by L. W. John H. Parrott The viewers a~pointed to study the matter submitted a written report advising that they have viewed the street in question and the neighboring property and are unanimously of the opinion'that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing the street. No one appearing h opposition to vacating, discontinuing and closing the street, Mr. Wheeler moved that the following Ordinance be placed upon its first reading: (~10464) AN ORDINANCE permanently vacating, discontinuing and closing the remaining portion of Oaleton Street, N. E., beginning at a point where a projection of the southwesterly line of Lot b of. the W. C. Woods subdivision of Section 1 of iHiley Heights intersects Daleton Street and proceeding in a northeasterly direction to a point .mhere Daleton Street intersects the southwesterly side of Ho l~ins Road, being a distance of 200 feet. more or less, said street being 40 feet wide. more OF WHEREAS, Johnson-Carper Furniture Company, Incorporated, has heretofore filed its petition before the Council of the City of Roanoke, Virginia~ in accordance with lam, requesting the Council to permanently vacate, discontinue and close the remaining portion o! the above-described street for a distance of 200 feet, more or less, the filing of which petition due notice nas given to the public as required by law; and WHEREAS, in accordance mith the prayers of said petition, vieners sere ap- pointed by the Council on the loth day of October. 1070, to vies the property and to report in writing whether in their opinion-any inconvenience would result from permanently, vacating, discontinuing and closing said portisn of said street; and WHEREAS, it appears from the nritten report of the viewers filed with the City Clerh that no inconvenience would result to any individual or to the public from permanently vacating, discontinuing and closing said portion of said street; and WHEREAS, Council ot its meeting on October 19. 1970. referred the petition to the City Planning Commission, which ~ommtssion in.its report before Council on November 24, 1970, recommended that tho request to close 200 feet, more or less, of 33~ Deletun Street, N. E. es hereinafter described be grauted; end MIIEREAS, t public hearlug wes held on the questkn befor~ the Couu'cil et Its meeting os the 4th d~y of January, 1971, et ~*:00 p.m., 'after due led timely notf~e thereof published in the Roanohe World-News, at. which hearing all parties in interest and citizen~ were afforded au opportunity to be heard on the question; end WHEREAS, from ell of the foregoing, the Council considers that no incon- venience will result to uny individual or to the public from permanently vucetiug, discontinuing end closing the remaining portion of Daleton Street, N. E.o ms recommended by the Planning Commission, and that accordingly said street should be permanently closed. TIIEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the remaining portion of Daleton Street, N~ E** beginning at a point where a projection of tho southwesterly line of Lot 6 of the~M. C. Woods subdivision.of Section I of Riley Heights intersects Daleton Street and proceeding in a-uortheasterly direction to a point where Oaleton Street intersects the southwesterly'side of Hollins Road, beluga distance of 200 feet, more or less, said street being 40 feet wide, more or less, be, and it hereby is, permanently vacated, discontinued and closed and that all ri~t, title and interest of the City of Roanoke mud of the public in and to the same.be, and it hereby is, released insofar as the Council or the City of Roanoke is empowered so to do, the City of Roanoke reserving unto itself, however, a perpetual for sewer lines, drains, water lines end other public utilities which may be located in and over the aforesaid street. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is, directE to mark *permanently vacated~ on the portion of Daleton Street,.N.E., above described all ma~s and plats on file in his office on'which the said street is shown,~ferri the book and page of Ordinances and Resolutions or the Couflc~l of the City of Roaao wherein this Ordinance shall be spread. DE IT FURTHER ORDAINED that the Clerk o! 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 om 41 maps 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 interest, he may record the samein the deed book in his office indexing the same in the name of the City of Roanoke as and in the name of any p3rty in interest who nay request it as grantee. The motion was seconded by Mr. Garland and abpted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Trout. Wheeler and Mayor ehber 6. NAYS: None O. (Mr. Thomas absent) S~REETS AND ALLEYS: Council having set a public hearing for 2 p.m., January 4, 1971, on the request of Mrs. Bonnie J. Malcolm, W. E. ~ Massye E. SpurIock, Wallace M. and Opal M. Sink. Mr. and MFS. D. B. Meddle, Mr. Benton Meddle, Jr., MFS. Anna Lee Stone and Thomas M. and Eva J. Aheron, that a portion of a ten foot alley running between 20th Street and Osborne Street, N. E., along the rear property lines of Lots I -;27, Block 20, Map of Jackson Park, Official Tax Nos. 3330101 - 333012?, be vacated, discontinued and closed, the matter was before the body. In this connection, a communication from Mr. LeoneS, Kytchen~,Attoruey, repteseutti~ the petitioners, requesting that the puelic hearing be continued one Hr. Trout moved that Council concur Ie the request that the public hearing ndopted. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. Clinton L. Pultz, requesting that propert located at 603 Strand Road, N. E., described as Lots I and 2, Block 11. Laurel Terrac Land'Nap, Official Tax Ho. 3121101, be rezoned from LM, Light Manufacturing District, to RD, Duplex Residential District, mas before Council. PAY PLAN-CITY EMPLOYEES: The City Manager submitted the following report 'that the election be scheduled for February 1, 1971: "Roanoke, Virginia Jannary 4, 1971 Honorable Mayor and City Council Roanoke, Virginia At the time of the City Councll*s authorization of a labor union vote by certain (~ty employee, I submitted to the Council a series of questions that it mas felt Should be presented to the labor union for for handling mith the labor union. It is felt that the City Council Robert E. Myers, agent for ~e AFLoCIO. It is the AFL-CIO that Is seekl~j the unionization mithtu the City government and is handling ali negotiations on behalf of the matter and City e~tuyees. 1. Nhat classes, by City Classification Plan, are proposed to be voted? The classifications that will be voted have been Me have agreed to provide the labor anion with a copy of the 2. Mill' all classifications voting be combined in the voting and the tally,~thout divisions by classes? '39 The departmenSa~aid~di~i~Jo~i~bo~ld-b~.i~*:o~glBnlly~z~q~ested by the~labor~uui~a~a~e~f~b~tbei&~Jl~d~a~th~at~'d~h~d~ddall~or ulossifluaLbus~.Aa~iad~atbd~-l~qa6stl~i'.~ne~ab~¥~?'~the.desire of the lab~r~ual~u~ la-t6~Jnclude uftklh~thiSe~dep~tm~l'~O~ ~ divlsionsall classlrJcetions or labor,~t~ade~?'mainteiance' service st speclnl$*7?w~rk~a~d.not=tO~ii¢lide~upe~iS6rs~or'fotenba; msusgeriol euplo~ees, technicians0 clerical *mployees or public security and=protection emploxees'~!~All~empj~yees~belou~Job~title~ or foreman or supervisor'would beleulu~ed and would he, generally intended b7 tke labor union to poll ~ll'so-cslled~bloe~collsr- - workers of the ;by. . 4. Will ell personnel voting,be combined In the voting or tally without regard to any.divislon~by=d~psrtments,~diviaicus~offl~es;-etc~?~ This is largely answered la'questiOn rue'above. The not separate toe voting by dlvislons, depsrtments~ Otfices~ etc.. ~. ~hat assurance can end will the union give-that only bona~fide ~ity employees will vote and that no persons outside.of City government currently employed.will be permitted to cast ballots? The labor union proposes that the City provide u list of eligible employees~ which will be checked oft by.their Judges and-individuals appearing to vote would be ~equired to show adequate Identification. It would be the intention o! the Clty that the.final voting list by name, deportment and classification will not be prepared until the last possible minute. Until an eligibility date is determined it would be difficult to establish an accurate list. It would be proposed to base those submitted as eligible for voting to be those those who have been accepted by their department as being sufficl- and to accrue benefits. Once the labor union determines a date for the election. · date would then be established so that no one not permanent as of that date would be eligible for voting. 6. Eow many polling places are being requested? This has required a considerable amount of discussion in our opinion that the original request of the labor union £or 16 separate voting is attached a schedule listing. ?. lhat assurance can the union provide the employees will n6t be intimidated either prior to or doting the pro,ess of voting? The labor union agrees to advise its members and other City personnel to be on good behavior and to act in u proper and orderly manner during polling. The onion reserves the right to encourage a vote and to ask for a vote for the union. The extent to which the matter of intimidation prior to the ~ection can be controlled OF regulated is a difficult one to establish specific guidelines both in the casting of the ballot and in the identification of the ballot? ~be labor union proposes to use portable booths. ~hey further assure thatb~lots would not be identified as to voter aud that their judges will maiutaiu a clear area aroucd the booths. ~bey propose that ~e ~tiug boxes ~ould be taken eac~ day by their Judges to a security locatio~ and t~e ballots emptied and then on the last day of vuting all ballots ~ould be lumped and counted. 9. ~ill the voting be conducted ~fter normal ~ork ~ours~ ~he respanse to this Is In the ti~e schedules on the attachment . as referred to In question six. lO. ~tll the voting be keld at only one tiseh contrast to voting over a period of several days or a series of ballotings? The voting process ~ou~ tote three d~ys la'outlined. ~e ~lsb this Could be otherwise os this constitutes three days of disruption and work interruption; however, the labor union wishes a maximum coverage and feels strong In opposition to any limitations further. 11. [hat alii be the physical location o~ t~e ~oting booth or booths In relation to customary ia~ress and egress points and movement by employees? ~he labor union Is agreeable that the booths would not be situated so as to interfere with customary ingress and egress movement of employee, so lon9 as they are accessible to voters. They advise that tn most cases a 25-foot guideline of limited are around each voting location would be acceptable. 12. HOW much setup time will be'required and illumed to and of the union prior to the commencement or bnllotlng? The setup tine for their Judges tad equipment would apparently be limited and could be conducted within an hour oF less ut each locutinn. 13. NUll union officials and repreaentutivea seek access to City property or City worh areas rot the purpose of campaigning and/or promoting tho election? The labor uniz officials and/ur their representatives advise that they will not seek extraordJniry access to City property rot cam- paigning and promoting tau vote. Hanover. they wish to post signs announcing the vote'in advance of the election. Agreement has been reached that these signs will not be posted in access of one week prior to the election. 14. Mhat limitations or conditions will apply to~e posting or dis- tribution al election publicity mnterial? The labor union mould locate one 3t x 30 poster at each depertmental bulletin board. The content of the signs would be the announcement or the election,.its date, the schedule of polling places and the sample ballot. 15, Mill the union, its employees, associates and members comply with all rules, regulations and ordinances as are castomsrily applicable to persons using the public streets and public ways? The labor union agrees to reqoe~ all rules, regulations and ordinances and to hare all of its representatives, associates and members do likewise. Ne have not yet had a final acceptance or the above agreements from the labor union and as soon as they are received and us soon as a summary or these can be compiled and submitted to Mr. Myers and his concurrence obtained they will contitute a mutual approval. These are subleted to the City Connctl at this tine should there be any points that City Council would wish to comment upon or suggest revisions. The next question is Or will be as to uhenae election would be held. A suggested or possible time pattern might be that the labor union schedule its election on February 1, 1971. and in the corres- ponding days thereafter in w~h case those voting would be based on permanent employees of record as of January 15. 1971. No new or temporary employee would be allowed to become permanent prior to this time unless their work and records were satisfactory. Again this is submitted for any comments and suggestions. Respectfully submitted, S/ Julian F. Hirst Julian F. Htrst City Manager~ Mr. R. £. Myers, Consultant. Public Service Employees Local Union No. 1261 appeared before the body and advised that Local Union No. I'2G1. is in complete ancot with the report of the City Manager on all points and also aritho suggested d~ of the election. Dr. Taylor moved that 'the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. PARKS AND PLAYGROUNDS: Council having referred to the City Manager and the City Planning Commission for study, report and recommendation u report of a snbcommit of the Mill Mountain Development Committee in connection with upgrading the present zoo atop Mill Mountain, recommending that Cooncil authorize the expansion or the ~resent zoo as presented in the repot and appropriate one-half of the needed funds For the construction of the new facility wito the understanding that the Zoo Committee will undertake a drive to secure the other one-half of the needed funds, the City Manager submitted the following report transmitting an assembly or various observatioz 34:!.' and torments ann nnJudlcatlon of points which have been taken into consideration and are being considered with respect to the proposal: "Roanoke, Virginia January 4, 1971 Honorable #ayor nnd City Council Moanoke, Virginia Gentleaen: Tug meeks ago'the City Council re'calVed n recommendation from your Zoo Committee as t~ the ezpnnsh of'the'children*s zoo to provide per- nanent facilltie's' for large animals.. This report man referred to the City Honorer and the Planning Cowwisslon for study and re. rt. I submit the follouing from this office. It has been advised that there is definite Interest In having the reply come back to the Council ut the very earliest possible tine. Mlth this in wind.we have attempted adwinistratively to go over this proposal within the limits of tine available. The following is not a conclusive report bat in recognition of the interest of the Council having the earliest response it could be brought back. the following Apology Js made that these are not in the best organized form bat are more in the nature of indicating various p~intsthat have been considered and taken into account u~ to ~ is tine. The interest of the Zoo Committee and of the architects group is highly commendable is through this type of approach that many things have been accomplished and con be benefited to the City. The zoo is a very considerable attraction for the City and the attendance throogh the tornstile of 119,000 people this past season is evidence of the attraction and interest that it represents. As I am sure City Council is aware, the zoo in its Original establishment was designed as a cbildren*s facility. The intent was that it b~ designed for small animals, otc,. and the construction at the facilities indicate that they were not designed for permanent type existence. The plan prepared by Mr. Stanley Abbott some several years ago envisioned development on top of the mountain. The report m d study prepared by the City Planning Commission about three years ago further developed Viis ~udy and anticipated some expansion to the zoo. It would seem that we come at this poht to snmething of a cross- roads as to a decision os to how far it is desired to expand the zoo on top of the mount~n. The anlwals that are now currently behg considered have been donated and it would be quite possible that others would be donated at a later time. Any facilities that are additionally added at this time should be done so in ouch a manner that there could be ultimate expansion and this brings up the question of an overall plan for the zoo development. This also raises the question as to whether or not this point on top of the mountain is the best los tion for a wider expansion of the zoo. This further raises the point as to the extent to which the City would wish to support and underwrite the' for growth and expansion comes only by taler advantage of various steps when they become available. There is same limit as to terrain and capability of additional expansion of the zoo to the south as this current proposal would indicate the direction. In other words once these units are added there would be a possll~ity of other units but ~ere ~ o limitation us to how far this could go. The site as shown on the orchitect*s plan locates the expansion on what is a proposed parking site as envisioned on Mr. Abbott*s plan and the Planning Department's plan of previous years. This would have been a lO0-car future parking lot. If this current unit is installed, the lot could be moved further to the south but again there would be a restriction on future expansion. There is no doubt bat that when additional attractions are provided On the mountain that additional parking is going to be required to cope with expanded crowds ann this availability of parking must be anticipated. Me feel that if au expenditure of this nature goes into the big animal units, that wi~ the approach to the new area through the existing zoo, that there is a definite need for improvements in the existing zoo. These would consist of such things as walkways. curbs and gutters, new lighting, landscaping, etc. It is also to be noted that a number of rue facilities within the present children's zoo are badly in need of replacement. Examples of these are the ark and the whale both of which need replacing and restoring. Me were successful ia the 1969-70 budget in obtaining $2,000 iu the City's operating budget and for the first tine since the zoo was originally constructed it was possible to make some improvements in the area. ~e now have in the current budget only $2,000 and this will not go a great extent iu 'improVements but ~ bad '~n~i~jbn~ ~h~t't'f ~thl~'~moun~ aa'~lly ~ould be n~pl~ed ~h~ehild~en~s?ioo~oald ~e grsd~ally"up'da~ed and wnlntole~d~g6~d6';fe'el th'o~'~hat~funds s¥ould be provided to naterlal~a~a'de' the e~jstingcht~dr~n's Ia eons Ider f~i'~ ~a~t ~ 'Cad'tat'.' ~ '~ al ~' 'M~un~al'm ~" it Is felt a first phase should Include needed~npgridiog'or the pre- seat visitor areas, This refers .to other than the zoo itself, It has bean"felt this-work has' been needed for 'three 'oF-four years bat fS~dS b'eve"JU~t never be~n attainable, *Tber6 Is attached a Very'gene~al'listing of those items ~hat Would be included, These would greatly ul~rade the 'attYantlveness and pleaS,hiness of the top ~f'the mountain, ~ould enable better ac- commodation o( pedestrians .and vehicles and would not be lac,n- elsie.at with r.easonable long range planning, There should be .anticipated funds for the operation and mainte- nance of the .existing zoo as well as the expanded area, At the new and these ere required full tine to keep the present facilities in reasonably, good condition, Ye would anticipate at least one additional maintenance man and possibly tun with the new facilities, Large animals require a good deal of attention and maintenance, There further would be required a year-ar,end attendant full time The orchitectts plans do not Indicate such a facJlltyf but there would be a need for a storage building at least of lOt x ROt size for storage of hay and various'foods, Each of these animals as proposed are heavy consumers of food including hays sweet food nnd vegetables, during the winter in which case it would be anticipated that the buildings would have to be provided with heat. The service roadway and approach as shown by the arehltectts plans proposes some difficulties with respect to servicing not only the new facilities but ~uture expansion.. The opinion fs that an alter- nate roadway into the rear of the zoo would have to be constructed perhaps both for parking, if there would be roam for the same, ns well as central service to the total zoo area, Funds should be added to the total cost of the project for this construction. it is understood that'the group of architects would prepare the detailed plans and specifications and bid documents for the pro- Ject and would supervise the construction all at no cost to the City. We have some questions os to design and materials within the buildings but would assume that these would be worked out with the architects but a final cost determination could not be made until.these are resolved. Re have, as example, a question as to the size of the hippo pool. This is designed as 5t x 10t x §* and it is felt that a.mlnlmum size should be 10* x ~0' x Utilities become a major eon,em. At the present time the moun- tain Is served by a six-Inch water line however there Is only TtO00 gallons of water storage available at the top. The pumping facilities to the top of the mountain are not .sized to provide an ample flow of water for service and tank storage. For a facility of the sine and nature proposed, It would seem more feasible to have at least a 2$,000~gallon water storage tank mhich'has an mated cost of the tank alone in place of $15,000. ~e have far.that question along this line, but it has not yet been worked out, as to the situation if a 2$sOOO-gallon tank Is installed and there are later on additional facilities of other types erected on the tala that this tank would be adequate and may need to be replaced. There is further the cost of Increasing the capacity of tbe pumping facilities and this requires additional engineering determination, The large pools for the animals would need to be filled and changed almost daily. There weald be further required the need for a cer- tain extent of fire protection. There is a matter of additional sanitary sewage facilities as the present zoo is serviced by a cesspool. There is a sewer line to the end but the elevation Is such that except by pumping this can- not be reached from the zoo area, A hem se~er line damn the moun- tain would be considerably expensive and with the volume of waste from the animals and the pool, we do not yet have Information as to the sizing of a septic tank facilities if this Is possible In the rocky ground cn top of the-mountain. A review is also advisable as to electrical facilities on Nlll Mountain to increase their capacity, Me have discussed, without firm conclusion, the possible necessity of i buffe~r Zone betmeen th~ me]or, enlsal erei oe'd~he uo~ded ~rea of the mouhtaln. This Is cbesldered os to-the, advantage'of hewing tree· cut beck to knep tho potential of mouetela~ires away from the zoo animals aid to m[nimfze the dfeteoce that smoke mce)d travel into the animal area. Possibly · I$0' buffer area mould be deslYable. Th~ committee he~s recommended lscreestng the 'admission. from lot to 15~ and 25t. Hawed on this pest aomwerts attendance ned using a figure of $123,000 this mould be an increase In revenue of approximately $10,000 per year. There would of course ~e expected to be increased attendance into the zoo. and en Inditer[ca of points that have been taken Jato consideration and are being considered with respect to this 'proposal. Zt is excellent that these is a possibility of upgrading the facilities on Mill Mountain and that the· can be worked out with other ele- M~spect fully submitted, $/ Julian F. Hfrst Julian F. Hirst . , City Manageru After a.diseussion of the ~atter. Mr, Trout moved that the report be referred back to the C~ty Manager for the purpose of conferring with the Southwest Virginia Section of the American Institute of Architects to develop a plan that will be to the mutual satisfaction of both the City Manager and the architects in con- nection with upgrading the present zoo atop Mill Mountain, prepare the specification: for same and report back to Council** Zhe motion was seconded by Mr. Mheeler and unanimously,adopted. CAPITAL IMPRO~EME~ PROGRAM-MUNICIPAL BUILDINg: The City Manager sub- mitted the following report in connection with the contract between the City of Roanoke and John M. Daniel and Company, Incorporated, for the construction of the new Municipal Building Annex, advising that the contractor has been ~aid $1,939,239. of the $2,221,476.03 approved by Hayes, Seay, Mattern and Mattern, Architects and Engineers, for payment with the Cl~y o~ Roanoke .retaining $221,526.57 representing ten per cent of the amount previously epproved~ $55.500.00 representing liquidated damages. $~,210.29 representing work epp~oved but not yet paid for and $6,356.29 representing change orders approved but not yet executed, that this ret~inage totals $269,593.15,.that the contractor has requested that the retainage be redoced to $75,000.00, including liquidated damages ~f $§5,500.00% plus $6,355.29 for change orders appro%ed but not ~xec~ted which would mee~ that the city would then retain $91,356.29 instead of $269,593.i5 and advising t~at since the building is essentiell conplet~ and since the SRI,356.2g includes the amount of $55,500.00 to cover llqoi= dated damages as a result of delayed completion of the building that $~0H.336.96 be paid to the contractor for the mork which has already been a~complished: ~Roanoke, Virginia January 4, 1971 Honorable Mayor and City ' Council Roanoke. Virginia Subject: Payments to John M. Daniel and Company, Incorporute~ This report to City Council regards the contract between the City of ioanohe and John W. Daniel and Company. Incorporated, for the construction of the new wunicipal building.- With the exception of several minor itews yet to be completely checked out and/or repaired, the new municipal building is essentially complete. A financial summary of the contract to date is as follows: Original contract smooat Change orders (executed) Subtotal Change orders approved by City Council (not executed) Total contract amount to date $5.219.?00.00 5,251.476.o3 8.qo6.2~ $2,238,365.32 A final count has been made on the telephone and electrical out- lets actually installed and the City nay expect a credit which will result in an overall reduction in the total contract amount shown above. The exact amount of this deduction has not been ascertained at tbJa time but it will be between $1.000 and $2,000. #ark in the amount OF $2,221,476.03 has been approved by ,ales, Seay, Mattern and Yattern for payment. The'contractor has been paid $1,930o239.17 of this amoaat with the City retaining , $221,526.57 (10~ of the amount previously approved), $55.500.00 for liquidated damages (148 days at $375 per day), $6,210.59 for work approved but not yet paid for and $6.356.29 (net) for change orders approved but not yet executed (work accomplished). This retainage totals $589,593.15. The contractors request for*pay- ment (No. 26) dated December 7, 1970, submitted by Hayes, Seal, Rattern and Rattern request that with work approved at $2,521,476.03 that the retainage on that amount be reduced to $?So000, hcluding liquidated damages of $55,500, plus the $6.356.29 (net) for the change orders approved but not executed. This would mean that the City would then retain $Ol.356.29 instead of $289,593.15. We have been advised by the City Attorney that as the contract spells out the 10~ retainage fee a revision to only retain $61,356.29 would require the approval of City Cooncll. As the buildin9 is essentially complete and as the includes the amount of $55,500 to cover the liquidated damages as a result of delayed completion of the buildiu9 and this matter is under consideration .by City Council, It seems to be a reasonable request from the contractor to be paid for work accomplished. Approval is recommended of the request for payment h the amount of $208,336.86. . Respectfully submit~d, S! Julian F. Hirst Julian F. Hirst City Manager" In a discussion of the matter, Mr. Lisk expressed concern over the power supply in the new Municipal Building Annex and raised the question as to whether or not there is sufficient power Supply for not only the present time but for the futur~ Mr. Samuel fl. ~cOhee, III, City Engineer, replied that at the present time the power supplI appears to be adequate but that he will be in a position to give a more accurate opinion after next summer. After a further discussion of the. matter, Br. Trout moved that the report of the City Manager be referred to a committee to be appointed by the Mayor for study, report and recommendation to Council. The motion was seconded by Mr. Lisk and unanimously adopted. . Mayor Mebber appointed Messrs. James N. Eincanon, Chairman, David K. Lisk. ¥1nceat S. ~heeler, Julian F. Hirst and J. Robert Thomas as members of the committee. BUDGET: The City Nlnlger submitted the relieving report in connection with prep'using, recommending und/or Baking supplemental or special sppropriations during t fisctl year niter the adoption of an annuul budget, truusnltting two possible marauds or treating the mutter that would benefit the b~dgetlng process: 'Roanoke, Vbginis Junusry 4, 1971 ~onorable Nayor and City Council Roanoke, Virginia The following is a Butter to which I would respectfully invite considbrntion. As it encompasses practically nil areas of government.activity, others than Just th· city council mould quite possibly be of aid in determining the best course.and courses'of handling. The matter Is submitted at this time because of discussions recent ly stated by the City Council~o! the Cltyts budget process because of the trends at this midpoint.in the current fiscal year. The matter relates to the proposing; recomnendlng and/or making of supplemental or special appropriations dnring'a fiscal year after the adoption of an annual budget. !mUtUally may I emphasize that in presenting this matter, I do not question-the authority of City Council to make appropriations or the privilege of any officer, body. ~oup or citizen to propose appropriations or to request expenditures. Certainly such authority and privileges exist. Rather the opinion is that there is a need to reviem the procedure wi~ in the concept'of performance under a budget and to establish certain guidelines of policy and administration. year by year. In the budget message tubnitted last Ray for the 1970-71 fiscal year, I noted the matter feeling then that it presented something of a problem. That which occurs is generally as follows. The preparation of an annual budget is a time consuming and harrowing experience for both those preparing the unit budgets and the City Council who must meet many times to finally adopt a document. This adopted budget becomen the firm guide of expenditures for the City. All departments, agencies, boards, etc., them have their fiscal directions for the coming twelve months. The budget has be%n developed on the basis of the best estimates and predictions of rereoue that will be arailable to be expended. Very shortly ~fter the new budget becomes effective on July 1, proposals begin to be presented to the Council for supplemental appropriatons, Some are necessary adjustments in the budget to correct or adjust instances that do not become apparent until after the budget has been put into operation. Some are bona fide emer- gency matters resulting from peculiar circumstances that occur during a year. Others are supplemental funds for authorizedproJects or programs wherein additional funds are needed due to hcreas~d costs, et cetera. Rhlle others are new programs, personnel, equipment, et cetera, over and above the original intent or allowance of the budget. It is the latter category mherein the largest volume of funds are proposed and mherein the primary concern exists, Mlthin the first six months of the current fiscal year therebave been 54 budget ordinance amendments appropriating additional funds to the budget. That number and the follom~g figures are calculations by my office and do not include transfers nor the major appropriations from surplus made on July 13, 1970, to the Capital Improvement Program. These 64 appropriations have totaled approximately $1,295,657.25. Of these b4 items, 12 have been either 1003 ur partially reim- bursed or offset by Federal, State or other income, with a total for the 12 of $775,655.61. The net of 52 items of total City monies is approximately The co~cern is fourfold: 1~ Requelts; recouaendaticus~nnd appropriotlOnSYofsupplemettnl~fnedl on n continuing balls begins to lend out of balance and'pers~e~flre the priorlties.estnbllshed'mlthlntke!,bedget ned prlorlties~mklch' may exist among the many items and needs mhich had to be omitted from the orl~inal budget,due~to iusufflcleaeey;of antielpoted fundi. 2. As the n~ber of supplemental requests end appropriations rise daring a~yeur~:the capability o~ admJn'l~terfng tke'budgei ut nil levels becomes increasing difficult with the knowledge that 'others' are making tbelr,cale~andebtai~isgmore wone~.: It il much easier t'o adminlster,'again ut alllevels, a firm finlnciol program and to issue instructions for adherence than to become almost continuously., debating tie merits of seeking additional or new funas during a fiscal year. .- . 3. The developments o! numerous supplemental appropriations would indicate that there are additional monies available beyond that originally anticipated In.the budget'formation. 'Th~ raises questions as to the make up of the budget, how much additional funds are actually available, whether funds being used are surplus from previous years, anticipated surplus In the current year or other sources and boa far.it is possible to go with new authorizations over and above the funds allured by the budget. 4. As ! au sure the Council Is emare, there ere numerous ideas end programs, personnel, operational and physical, that are conceived through a year but are held back even in mention or proposal, because of what is felt to be the obligation to the adopted budget. Yet many or these never get out or off the ground because they are retahed as possibilities for the next budget. But the limits of the new budget in its preparatim frequently stifle any such possibilities. This becomes a difficult situation supplemental funds over and,above the formal budget estimates. Through all of thiS'it is recognized that circumstances do occur wherein appropriations are necessary during a year for needs or opportunities that could not have been reasonably anticipated in the budget preparation. Some of.the ~such occur due to the availability of Federal and State .fund programs. The s~hool systemuses this procedure extensively although it is believed certain of their Federal and State grants which result In supplemental appropriations c~uld have been anticipated by the schools at the time the budget was prepared. Italso is.recognized that the nature of the times makes regidity in budgeting more difficult. Yet even as to Federal grants where partial local matching funds are required, there is uncertainty during a fiscal year as to what to try to develop and mhat not, because o~ the questions with respect tu supplemental City funds. It is believed there are at least two possible methods of treating the matter that.mould benefit the budgeting process. 1. In the ~mal stagesof preparing and adopting an annual'budget au estimate can be made of the funds th~mlght be available for expenditures from monies on hand and unexpended from the pre- vious year. Apply a proportion of this, making allowance for a safe operating balance in the City accounts; os a contingency ~aod in the new budget and adhere to this amount as a limited source for emergency supplemental appropriations. 2. Reviem periodically through the fiscal year funds over and above the budgeted revenue that might be available for appro- priation. This could be done at the six months point or each quarter point. ~aintain a continuous priority listing of needs and apply this listing at the check points to the extent of available supplemental funds. I am sure there may be other methods c*f apptoac'hing this situation. The matter il ~ough submitted at this mid-year point inviting the consideration Of all who are concerned. Respectfully submi'tted, S/ Julian F. Hirst ~ultan F. Hlrst City Manager" Mr. Trout moved that the mutter be referred to 19Ti-?2 budget study, The notion Was seoonded by Mr. Garland and unanimously adopted. DEPART#RNT OF,PUBLIC UELFARE: The City Manager submtttedutritten report transmitting a monthly participation record prepared by the Virginia State Department of Agriculture and Commerce us to the:distribution of food Commodities for the month of.November. 1970. advising that this record gives'sane idea of the extent of this distribution around the State of Virginia and the volume and roehfag of Roanoke in the system. .' Mr. Lark moved that the report be received and filed. The motion Was seconded by Mr. Trout and'unanimously~adopted. APPOINTMENTS-CITY ENGINEER: The City Manager submitted· the following re- )art advising of the employment by Mc. Samuel Ho McGhee, Ill, City Engineer, of Mc. Charles L. Gutshall as Assistant City Engineer, effective January 1, 1971: "Roauoke, Virginia January 4, 1971 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: For the information of the City Council I would'advise of the employment by Mr. McGhee, City Engineer, of Mr. Charles L. Gutshall as Assistant City Engineer effective January 1, 1971. Mr.Gutshall is a 1960 Civil Engineering graduate of Virginia Eolytecbnic Institute. He ia currently-one of two field engineers employed by Mestvacu in Covington~ and ist~esponsible for all building construction and',theinstallation, modification'and repair of the various production systems there. He mas formerly Assistant Resident Engineer for the Virgilda Department of Highways in Fairfax County. Virginia. undmas resp6nsible'forall maintenance and construction done by the Department in the county. , Respectfully submitted,. S/ Julian F. Hirst Julian F. Hirst City Manager" Dr. Taylor moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. REPORTS OF COMMITTEES: BUSES: Council having referred the report of a committee composed of Messrs. Robert A. Garland, Vincent S. Wheeler, J.. Robert Thomas and Julian F. Hirst back to the committee for the purpose of studying the elimination of the gross receipts tax for the fiscal year 1970-71 in connection with a request of the Safety Motor Transit Company, the committee submitted the following report resub- mitting its previous recommendations that a one cent increase lathe general fare be granted thereby making tbe basic transportation fare 264, that the school fare be increased on the basis of two tokens for 354 or a rate of 17 1/2 ~ per ride, that an increase be permitted in the charge for weekly passes from $3.00 to $3.50 and that the present System of tokens for general riders which eom sell for two tokens ut 454 be eliminated: In this conenotlon, Rt. J. Rister Comp,~, appeared before the body in Support 'Roanoke, V~rgini· . . Janu·,ry. 4, 1971 Honorable Mayor and City Council Roanoke, Virginia This committee Yep~rted t~ ~b~ Council ~on December 21 us · re- sult or u referral tothe committee by. Council of a request from Safety Motor Transit ComPany rot financial n'ssl'si~uce~thr~m~h change of fares'and elimination of gross receipts tax. The cemmittee recommended to'the Council that tan company be authorl~'ed a one cent increase in the general fare thereby making the basic trans- portation fare 26t. There was the further recommendatioh that the school fare, uhich is presently 15~, be increased to the basts of two tokens for 351 or a rate of 17 1/21 per ride. Further the for weekly posses from $3.00 to $3.50 and tha the present system of tokens for general riders which now sell at two tokens for 45¢ be eliminated. The City Council referred these recommendations bsck to the sentatives of Surety Motor Transit Coaphny on Deceeber 29. The company reported by financial statements that during the month of November they had sustained a net loss in operation ot $4,300 Indi- cating a continuation of the~end of the deficit in operations that had been previously ~eported to the committee and to the'Council ($~1.~00 in 11 months). The overall estimation is that the company would need an addition in revenue of approximately $110,000 per year at the present time in order to recover losses sustained in 1970 and to assist in operations in 1971. As a committee ~e have studied our previous recommeedaiions. One Would be to raise the adult fare to possibly 30{. The committee has not favored this because by raising the adult fare and leaving the school fare at its present 15~, the result is that adult riders would be subsidizing directly the school transportati(n and would be subsidizing directly the school riders. An hcrease tn fares as increase in student fares of 25( per week or $9.05 per student rider per school year. Five of twelve responses received from inquires to Other Virginia municipalities indicated student fares of 201 or more. The second alternative is to eliminate the franchise tax and although this would be only a portion of the need of t~e company, the committee does not feel tl~t in fairness of treatment to all other businesses and utilities in the City that the bus company should at this time be faltered of a franchise tax. Representatives of Safety Rotor will be present at the City Council meeting if the Council wo·ld wish to have them discuss their situa~ on. It is the conclusion ~ the committee that the original recom- mendations should stand and they are hereby reiubmitted. Respectfully submitted, S/ Robert A. Carland Robert A. Garland' S/ Vincent S. Mbeeler Vincent S. Rheeler S/ J. Robert Thom·s, J. Robot Thom·s. City Auditor S/ Julian F. Hit·t, Julian F. Hirst, City Manager" Stowe, Pr~si'dent, Safety Motor Transit of th~ request. In u discussion of the mutter, Hr. Link again expressed concern over lucretaing the fare rot achcnl'~ch'l~dr~n, odviaing thor ~ mill place on undue hardship upon them. After o further discussion of the matter, Rt. G~rland moved that Council the City Att'or~y for preparati~n'~f ~he p=ro~r meas~r~ Implementing the'recommendatlc mode by the committee. =~h'e'n~ti~ was ' '' ~'by seconded H~. Hheeler and unanimously UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. I'I~FRODUGT~N AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: DONATIONS-COUIqCIL: Hr. Lls'k offered an emergency Ordinance approprlatin~ $2,S00.00 to Investigations, Studles and Rewards under Section "Council." of the 1970-T1 budget, to provide funds representing a contribution by the City of Roanoke tomard the restoration of the Rotetosrt Courthouse. The motlon mas seconded by Hr. Garlan~ and lost by the folloming vote: AYES: Messrs. Garland, Llsk and Taylor ...............................3. NAYS: Messrs. Trout, Rheeler and #ayor Hobber ........................3. Hr, Thomas absent} In a discussion of the matter. Messrs. Trout and Hheeler expressed the pinion that the donation definitely mould be a good gesture on behalf of the City ~f l~nnoke but that the nc~ey could be.put to good use in the city where taxpayers in this area could benefit from the expenditure. LEGISLATION: Mr. Hheeler offered the following Resolution recommending ~o toe General Assembly of Virginia the implementation of a certain program relating to additional revenues for Viroinia local 9overn~ uts: (~19465} A RESOLUTION recommending to the General Assembly of ¥1rglnla implementation ota certain proemm relating to additional revenues for Virolnia (For full text of R~solution, see Resolution Book No. 35', ~age Hr. Rheeler moved the adoptto~ of the Resolution. The motion was seconded by Dr. Taylor and adopted by the following vote~ AYES: Messrs. Garland,. Lisk, Taylor, Tro2t, Rhee~r, and Mayor Webber--6. NAYS: None ................. ~ ................................... O. (Mr. Thomas absent} LEGISLATION: Mr. Lish offered the following Resolution requesting enactmen Df certain general legislation at the 1971 Special Session of the General Assembly f Virginia.and urging the assistance of the representatives from the City of Roanoke the General Assembly in support thereof: (u19466) A RESOLUTION requestin9 enactment of certain general legislation the 1971 Special Session of the General Assembly o~ Virginia; and urging the sistance of tho Clty*s representatives in the General ASSembly in support thereof. (For full text of Resolution. see Resolution Bock No, 35, page Rt. Lisk moved the adoption of the Resolution. The motion mas seconded by Rr~ Trout and adopted by the following ~ote: AYES: Messrs. Usrland. Lisk, Taylor. Trout, Wheeler and Mayor Webber ..................... 6. NAYS: None ....... -0, (Mr. ThoMas absent) MOTIONS AND MIScELLANEOUS BUSINESS: GARBAGE MEMOYAL: Mr. Carload presented the following communleetio? pro- posing that the City of Roanoke enter into un agreement math the Waste - Aid Company on a trial basis for garbage removal, that the City Manager be requested to select an area within the City of Roanoke in mhlcb he considers the equipment would be subjected to all types of conditions and terrain end that Council instruct the City Attorney to prepare the proper measure implementing this proposal: "4 January 1971 Mayor Roy L. Yehber and Members of Roanoke City Council Gentlemen: I was appalled and disturbed by · recent article that appeared in The Roanoke World News concerning some prelims that our sanitation workers are confronted with daily. I believe that this deserves our immediate and careful attention. Our sanitation workers are very important tothe health and well being of our city. There job~shonld be made as easy as we capable of making it. Perhaps, we have been too lenient in the enforce- ment Of existing ordinances that would improve these working conditions. I, respectively call to the city managerts attention Title 13, Chapter 3 Section 5 dealing with the occupant*s responsibility in providing containers for garbage, placing garbage in containers, location of containers, etc. I also call to the manager's atten- tion, Title 13, Chapter 12, Sections I through b concerning rats, rat harborages, extermination, penalties, etc. Every effort should be made by the city to see that these ordi- nances are properly and reasonably enforce~ The guilty parties should be given ample time and offtclal notification to correct any defiency or violation. Relative to this matter but equally important is that the city should provide the latest, safest and most up to date in sanita- tion equipment. In so doing, efficiency would quite naturally be improved saving many man hours, the job would be made more attrac- tive if it is made easier but above all, we would have a cleaner city. At the re~ent convention of the National League of Cities, some of our officials were able to witness at first hands the new system of garbage plchup that the city'of Atlanta has installed on an experimental basis. From all reports, everyone was very much impressed. This system consisted of basically a 93 gallon garbage container affixed on wheels plus a unit that dumps this container automatically into the awaiting truck. It would be my proposal that the City of Roanoke enter into an agreement with the Waste-Aid Company on a trial and experimental basis end that the City Manager select an area within the city that he considers average and mhereby the equipment would he sub- jected to all types of conditions end terrain and that thls Council Instruct the City Attorney to prepare the proper measure that would implement this. Thanking you for your consideration, S/ Robert A. Garland Robert A. Garland* Dr. Taylor ·oved that the · referred to the City Manager stedy, report and reco··endation to The ·otion was seconded by*Mr. Trout and unanl·ously adopted.' There being mo further business, Mayor Mebber declared the ·eeting adjourned. APPROVED ATT£~: City Clerk Mayor i COUNCILI ~EGULAR MEETING, Monday, January Il0 I~TI, The CoulCil of the City of Roanoke met la regular meeting ia the Council Chamber ia the Municipal Building Annext Monday, January 11, l~rl, at 2 p,m,, the regular meeting hoard with Mayor Webber presiding, · ,PRESENTt Councilmen Robert A. Garland, David K. Liske Noel C, Taylor, Hampton W. Thomas, Vincent S, Mheeler and Mayor Roy L; Webber ................. 6** ABSENT: Councilman James O, Trout ................................ l, OFFZCERS PRESENT: Mr. Julian F. Hirat, Ci~y Manager, Mr. Byron ~, Hamer, Assistant City Manager,.Mr. James N. Kincanon, City Attorney, and Mr, J, Robert Thomas, City Auditor. INVOCATION: The meeting was opened mith a prayer by the Reverend M, L. Mlnnick, Jr** Pastor, Christ Lutheran Church. MXNDTES: Copy of the minutes of the regular meeting held on Mondaye January 4, IQ?l, having been furnished each member of Council, on motion of Mr. Lis seconded by Dr, Taylo~ and unanimously adopted, the reading thereof mas dispensed mtth and the minutes approved as recorded. HEARXNG OF CITIZENS UPON PCBLIC MATTERS: AUDITORIUM~COLISEDM: Pursuant to notice of advertisement for bids on metal, plastic and mood letters for the Roanoke Civic Center, said proposals to be received by the City Clerk until 2 p,m** Monday, January 11, IQ?l, and to be opened at that hour before Council, Mayor Webber 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; mb*reap*n, the ~lty Clerk*opened and'read the following bids: Brothers Wallace Company - '$1'084,00 Dominion Signs, Incorporated ~ ,1,174.75 Roanoke Engine*Fin9 Sales Co** Inc. - 3t453.00 Mr. Lisk moved that the bids be referred to a committee to be appointed by the May*r for tabulation, report and recommendation to Council, the City Att*me: to prepare the proper measure in accordance with the recommendation of the committee The motion was seconded by Mr. Garland and unanimously adopted. Mayor Webber appointed Messrs. Byron E. Hamer, Chairman, John W, Cbappelea Jr** John A. Eelley and Howard E. Radford as members of the committee. AUDXTORXHM-~OLISEUM: Pursuant to notice of advertisement for'bidS on lobby and lounge furniture for the Roanoke Civic Center, said proposals to be re- ceived by the City Clerk until 2 p.m** Monday, January 11, IQYl, and to be opened at that hour before Council, Mayor Webber asked if anyone had any questioes about the advertisement and no representatt~ present raising any question,~the Mayor h- structed the City Clerk to proceed with the opening of the bids; mb*reap*n, the Cit] Clerk opened and read the following bids: 353 Coldwell-Sites Coq (Items 4 & $) $ 467.60 Everett ~addey (Items 1-5) ?t264.77 ~r. Ta~lor moved t~at the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council, the City Attorney to prep~r~ the pr?per m~asure in ao~ordance.mlth the recommendation of the committee The motion mas seconded by Mr. ~h~eler and unanimously ado pted~ Mover Meb~er appointe~ M~ssrs. By,on £. Hamer. Chairman, John ~. Chappelea Jr., John Ao Melley and Howard E. Rodford as members of the committee. AUDITORIUM-COLISEUM: Pursuant to notice of advertisement for bids on dressing room equipment and office, cabinets for the. Roanoke Civic Center, said proposals to be,received by th~ City Clerk until 2 p.~** Monday, January 11. 1971, and to he opened at that hour before Council. Mayor #ebber asked If a~yone 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 ~$ds;.wberenpot the C!ty Clerk opened and read the following bids: Hedges Lumber Corporation ~ 18,~30.00 Valley Lumb~r Corporation (wardrobe & dressln9 table) 24,26~o00 ~he Master-Kraft Fixture C~mpany 31t577.00 Mr. Llsk moved that the bids be referred to a committee to be appointed by the Mayer for tobulation~ report a~d recommendation to Council, the City Attorney to prepare the proper measure in accordance math the recommendation of the committee The motion was seconde~ by Mr. Carload and unanimously adopted. Mayer ~bber ~ppolnted Melsrs. Oy~n'E. Hamer, Chairman, John W. Chappeles Jr,, John A, [alley and Howard E. Radford as members of'the committee, S~RE~TS A~D ALLEYS: Council having continued a public hearing on the requesi of Mrs° Bonnie J. Malcolm, ~. E. ~ Massye Sink, Mr. and Mrs, D° B. ~eddle, Mr, Benton ~eddle, Jr., Mrs. Anna Lee Stone and Thomas Mo andlEvalJ. Aheron, that a portion of a ten foot tlley running between 20th Street a~d Oiborue Street, N. E.,'alonS'the rear property lines of Lots I - 2?, Block 20, Map of Jackson Parkt Official Tax Nos. 3330101 - 3330127, be vacated, dis- continued and cloled, until Monday, January 11, 1971, t~e matter was again before the body, In this connection, the City Planning CommiSsion submitted the following report recommending that th~ request be gra~ted: "~ovember 24, 1970 '' The Honorable Roy L. Nebber, Mayor and Members of City Council Roanoke, Virginl a' Centlemen~ * '' * TAn above cited request was considered b~ the City Planning Commission at Its regular meeting of November 4, 10/70. Mr. Leon R. Kytchen, Attorney, appeared before the Planning Commission and stated that he represe=ted all the property owners in the nighborhood. He noted the following pertaining to this petition: 1, The alley is useless to th*City, Its closure would ant he~ detrimental to the City, 3. It is u paper alley, 4, The alley serves a* specific purpose and there ~re co utility problems, After due consideration of this request a motion mas mode, duly ~econded and unanimously approved to recommend to City C~uncll to grant thio proposal, Sincerely, $/ John ~. Par~tt'by'L.M, John H. Parrott Chalrman" The viewers appointed to study the matter submitted a written report ~dvlsi that they have viewed the alley in question and the neighboring property and.are !unanimously of the opinion that no inconvenience would result either to any indlvidua qr ~o ~he public from vacating, discontinuing and closing the alley. No one appearing la opposition to vacating, discontinuing and closing the ~alley, Wv. Lisk moved that the following Ordinance be placed upon its first reading: (u19~67) Ali OROINANCE enacted pursuant to the pr*vlsi*es of Section 15ol-364 of the Cs~e ~£ ~lrginia (l~50).as amended tq.da~e providing for vacating, idiscontinning and closing that portion of an alley or roadway in N. E. now unused and inn*pen*d, ~nd more particularly described as foil*us: That portion of a ten foot alley running through Block 20, Map of Jackson PnEI~ whlch Is between 20th Street, N. E. and Osborne Street, N. £., City of Roanoke, and being abutted ~y Lots I through 27, City ufficial tax Nos. 3330101 through 3330127, WHEREAS, a petition has been filed with the Council of the City of Roanoke ~mnant to the provisions of Section 15.1-3~4 of the Code of Virginia (19§~) as imended to date, wherein it is asked t~at a portion of an alley running between 20th Street and Osborne Avenue, N. E., in Bloc~ 20, Map Of Jackson Park~ now unused and unopened, be vacated, discontinued and closed; and WHEREAS, due legal notice was posted no required by Section 15.1-364 of th, Code of Virginia (19SO) as amended to date, and in conformity with the law in such cases made and provided, the land proprietors ~ffected thereby along that portion said roadway have been notified; and ' WHEREAS, by Resolution No. 193~? adopted'on the 19th day of October, 1970, the Council of the City o~ Roanoke, Virginia, appointed viewers to report whether or nsf in their opinion any and, if any, what i~coovenlence would result from pa*man*nfl vacating said portion of said'alley o2 roadway; and' : WHEREAS, the viewers appoin{ed, Messrs. L. Elwood Norris, George W. Overby, Edward B. Brewer, Jr., William ~, Bar~ls and James L. Zrinkle, any three of whom coal act, r~orted, in writing, that after having been duly ~worn, they viewed the said alley or roadway and'the neighboring properties and are unanimously'of th~ opinion that no in~gnv~ni~nce would result either to the public or {~ a~y ~erson, firm or cor~oration from permanently'vacating, di~co~tigoing and closing said portion of saig alley or roadway; and 355 IHEREAS, the Petition was by the Council referred to the Glty Planning Commission for Its report end recommendation nod the City Planning Gommlsslon recommended that said portion of said alley or roadway be vacated; and HHEREAS, the Council of the City of Roanoke caused a public hearing to be held on the question after publication of due notice thereof; end I~EREAS, this Council* after considering the evidence submitted, Is of the opinion that vacating that portion of an alley or rondwoy running between 2Otb Streel and Osborne Avenuet N. E., In Block 20t Hap Of Jackson Park, more particularly described above, will not abridge or destroy any of the rights and privileges of any person, firn or corporation and that no Inconvenience would result to anyone there- frome and Is further of the opinion that the request of said petition should be TBEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that a portion of an alley or roadway running between 20th Street and Osborne AYenoe, N. E. In Block 20. ~ap of Jackson Park, now unused and unopened~ more particularly descrlb* as follows: That a portion of a ten foot alley running through Block 20, Map of Jackson Parkt which Is between 20th Street, N. £.~ and Osborne Avenue, N. E.o City of Roanoke. and being abutted by Lots 1 through 2?, City Official tax Nos. 3330101 through 3330127; be permanently vacated, discontinued and closed as provided by Section ]$.1-~$4 of t] Code of Virginla,(19~O) as amended to dateo and In accordance with thc law in such cases made and provided ~E IT F~ET~£R ORDAINED that notwithstanding anything to the contrary berei~ contained, the City of Roanoke reser¥~s unto itself an easement for any ua*er or seM~ or other public utility line or lines~ tf anye now existing in the above-described rlght-of-wu~, which Is herein vacated, discontinued and closedt along with the right of ingress and egress for the maintenance and repair thereof. BE IT FURTHF~ ORDAINED by the Council of thc City of Roanoke that a certi- fied copy of this Ordinance be delivered by the City Clerk to the Clerk of the Hustings Court of the City of Eom eke, Virginia; to the Clerk of Circuit Court of tb~ County of Roanoke, Virginia; and to the City Engineer of the City of Roanoke. Virgini that the City Engineer of Roanokee Virginia. make appropriate notation of the vacatl~ herein approved on the O~£Icial ~p o£ tho City o~ Roaookn~ Virgins. The motion was seconded by Hr. Garland and adopted by the following vote: AVES: Messrs. Garland. Liske Taylor, ~homas, Nheeler and gayor ~ebbcr ...................................... NAYS: None ....................... O. (Hr. Trout absent) SVRE~S A~D ~LLEVS: Council having s~t a public hearing ~or 2 p.m** Mendel January 11, l~lt on the request of An*rim Motors, Incorporatedt that a portl on of Stephenson Avenue, S. W.t between the northerly line of New Street, S. ~., extended In this connectiont the City Planning Commission submitted the follomlng !re~or,t recommending that the request be grnnted: "December 3, 1970 The Honorable Roy L. Nebber, Mayor and #embers of City Council Roanoke, Virginia Gentlemen: The above cited request uaw ~onsJde,red by the City Planning Commission at its regular meeting of December 2, 1970. Hr. J~nnlngs'T. Bird,' attorney for the petitioner, 'appeared before the Planning Commission and noted t,hat he plans to utilize this area in question for parking facilities in conjunction with his automobll~ establishment. The ~lanning Director noted that there are utility easements located' withi~ this portion of the Stephenson Avenue right-of-way water mains, sanitary sewer lines, a storm drain improvement and utility poles. Also, he stated that the widening of Franklin Road has resulted in the physical closure of this part ~f Stephenson Avenue, S, ~. Finally, the Planning Director noted that he saw fid problems associated with this street closure peli tiont if all the utility easements of the City ( and 'utilit*y companies) were maintained allomlng for their continuous maintenance and operation unless the land owner was willing to pay the cost of utllit'y relocation. Accordingly, motion was made, duly seconded and unanimously approved recommending to City. Council that this request ,be granted, predicated on the City retaining all utility easements located within this right-of-way. .. Sincerely, S/ John B. Parrot* by L.M. John H. Parrot* Chairman" The viewers appointed to study the matter submit{ed a written repo~t advising that they have vi*mad the street in question and the n~ighboring property and are unanimously of the opinion %~at' no* inconvenience would result either to any individual or* ~o 'the' public from vacating, discontinuing an~ closing t'h'c s'tr~et. Ho one appearing in opposition to vacating, discontin*uing and ~losing the str.eett M~o ~heeler moved that the following Ordinanc~ be pi. aced upon its first readlng: (mlg~6) AN ORDINANCE permanently vacat*ing, disco'ntlnuing and closing all that certain portion of Stepheasoo Arena*, So Mo, between the northerly llne of Ne~ Street, S, W., extended, and the easterly line of Franklin Road, S. W** in the City of Hoanoke, Virginia. WHEREAS, An'trim Rotors, Incorporate~, has heretofore filed its petitioo before the Councl'l of the City of Roanoke, Virginia, ia accorda'nce with law, requ~stl the Council to permanently vacate, discontinue and close all that portion of S~epheni Avenue, S. ~** between the northerly line of New Street', S. W., extended, an~ the easterly line of Franklin Road, S. [., in the City ~f Roanoke,' Virginia, and more particularly hereinafter described, of t~e filing of which petition due notice was given t~ the public as re,mired by law; and ~hER~AS', in accordance with the prayers of said petition, viewers were appointed by Council on the 23rd day of ~ovember, 19~0, to viem the property and to 3S8 report in writing whether in their opinion any inconvenience would result from per- manently vacating, discontinuing ~ud closing said portlon of Stepbenson Avenue, S. and ~REREASo it appears from the written, report df the viewers filed with the City Clerk on Becenber 28t 1970u that no inconvenience would result either to any individual or.to the public from permanently vacatingt discontinuing and closing said portion of Stephenson Avenuet S. J.; and ~HEREAS, Council at Its meeting on November 23t 1970, referred the pctltle to the City Planning Connission, which Commission by its report fl'led with Council on Becember 70 1910, recommended that the petition to vacate, discontinue and close the hereinafter described portion of Stephenson Avenue. S. #. be approved, subject to the retention by the City of any utility easements;, and ~RERBAS, a public hearing was held on the question before the Council at its regul~ meeting on January 110 1971, after due and timely notice thereof publishe in The Roanoke Rorld-News, at mhich hearing all p~les in interest and citizens ~ere afforded an opportunity tO be heard on the question; and ~ERE~, iron all of the foregoing, Council considers that no Jnconvenienc~ ~lll result to any individual or to the public frae permanently vacatingt discontinu and closing tke said portion of. Stephenson Avenue, S. ~., as applied for by the petitioner, subject to the retention by the City of any public utility easements, an, that, accordingly, said portion of. 5tephenson Avenue, S. ~. should b~ permanently Z~EREFORE, BE XT ORDAINED by the Council of the City of Roanoke that all that certain portion of Stephenson Avenue, 5. ~., between the northerly line of Street,. 5. ~., extended, and the easterly ,line of Franklin Road, S. ~., in the City of Roanoke, Virginia, more particularly described as follows: BEGINNING at the point of intersection of the northerly line of New Street, S. M. with the'easterly line of Stephenson Avenue, S. thence in a south~e~rly direction ~th the northerly line of New Street, extended, to the point of intersection of the northerly line of Ne~ Street, extended, with the nearly line of Stephenson Avenue; thence with the westerly line of Stephenson Avenue In a northerly direction to the point of intersection of the westerly line of Stephenson Avenue with th~ easterly line of Franklin Road; thence with the easterly line of Franklin Road in a generally northerly direction to the point of intersection of the easterly side of Franklin Road . with the easterly side of Stephenson Avenue, S. W.; thence with the easterly line of Stephenson Avenue in a southerly direction to the northerly line of New Street, the point of BEGINNING, bet and it hereby Is, permanently vacated, discontinued and closed, and that all right, t~tle and interest of the City of Roanoke and of the public In and to the same be, and they hereb~ aref released insofar as the Council of the City of Roanoke Is empowered so'to do, except that any public utility easements located ~erein are hereby reserved by the' City. '' ' ' BE IT FURTHER OROAI~ED that the Cfty E~g/neer be, and he ~ereby Is, dlrect~ nnd plats on file in bis office on uhich said portion of Stepheason Aveque, S. fa nhount referring to the book end page of Ordinances and Resolutions of the Couqoi] of the City of Roanoke nherei? this O~dinanoe.shall.be spread. HE IT FURTHER OMDAIR£D that. the Clerk of the Council deliver to the Clerk of the Hustings Court for the City of. Ro~nohe, Virginia, a certified ~opy of this Ordinance in order that the Clerk of said Court way wake proper notation on nil maps or plats recaded I~ bls o~flce upon ah/ch are uhona said. portion.of Stephenuen Avenue. S. ~., as provided by law, and that, if s? requested by any party in interest he may ~ecord the same in the deed boob In his ?fflce~ indexing the same in the nnme of the City of Roanoke as grantor and In the anne of any party In interest nba may request it.as grantee. The notion was seconded by #r. Thomas and adored by. the following vote: AYES: Messrs. Garlande LI~. Taylpr. Thomas. Wheeler a~d Mayor #ebber .................................... 6, NAYS: None .......................O. (Mr. Trout absent) SE~ERS AND STORM DRAINS: Mr. Jerry M. Crubb appeared before the body and advised that he wishes to construct a single family dwelling on Lot 11A, Hlock 13, Map of Nay*Fly Place, hut that the Cl~y o~ Roanoke has constructed a sewer llne nlth twa manholes on ,bls property which makes It impossible to erect the structure witho~ first removing the sewer line, that the city ~cqulr~d an easement on nard property in 1946, that the easement was for a.stor~ drain not a sanitary sewer line, that the city also constructed a twelve inch storm drain on the opposite side of the property An whlcb t~y d? not haye nor ~ave tried to obtain an easement and requesting that the City of Roanoke remove the saner line in order for him to erect said single family dwelling. Mr. Thomas moved that the matter be referred t~ the City Manager f~r study. report and ~ecommendation to Council. The motion was seconded by Dr. Tpylor and unanimously adopted. PETXTXONS AND COMMU~XCATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Hoard, re- questing that $5,93g.00 be appropriated to Sectio~ g21000, "Schools -.Manpower Development and Training Act,' of the lgTO-T1 budget, to provide funds ~ur the training of ~6 welders which will he 100 per cent reimbursed from federal funds with the exception of $1,470.00 in the form of "In-Kind" matching physical facilities, was before ~ouncil, ,, Mr. Lisk moved that Council concur in the request of the Roanoke City Schot Board and offered the following emergency Ordinance: (~19469) AN ORDINANCE to amend and reordain Section #21000, "Schools - Manpower Development and Training Act," of the 1970-71 Appropriation Ordinance, and providing for an emergency. (Far full text of Ordlnancet see Ordinance Hook No. 35, page gi ,) ,' ,Mr, Llsk moved the adoption of the Ordlnahce. Tho' motion was seconded by ]r. Taylor end adopted by the fell,ming vote: AYES: Messrs. Garlond, Lisht Taylor, Th,wase Wheeler and Mayor #ebber ....................................... NAYS: None ........................O. (Mr. Trout absent) CAPITAL IMPROVEMENTS PROGRAM-MUNICIPAL BUILUING-JAIL: A communication from Judge Ernest M. Ball,me regarding adequate courthouse, court, Jail and.related facilities for the City of Roanoke, requesting that Council advise the.e~stfngs Court by no later than March 1; 1971, of its plans for providing an adequate, secure and sufficient Jail for the City of Ronnoke and that Council also advise the Court by no later than February 1, 1971, of its plans for providing an adequate, secure ant sufficient'courthouse, court facilities, clerk*s office and related facilities for the City of Roanoke, was before the body. In this connection, the City. Manager advised that he has'been in the process of reviewing plans for the remodeling add allocation of space;fo the Mantclp~ Building and that the plans are almost to the.stage of being reviewed by the Judges and officials in the building. After a discussion of the matter, Mr. Lisk moved that. Council acting as a Committee of the Whole meet with the City Manager at the end of the regular meeting of Council on Monday, January 19, 1971, to discuss and.develop a mutually agreeable plan with,regard to the Municipal Building. The motion was seconded by Hr. Thomas and unanimously adopted. RADIO-TELEVISION: A communication from Mr. Roy R. Pollard, Sr., tendering his resignation as a member of the committee appointed to study the question of per- mitting the construction of a Community Antenna Television System lo*the City of · Roanoke, was before Council. Mr. Wheeler moved that the resignation be accepted with regret. The motio~ was seconded by Dr. Taylor and unanimously adopted. STREET LIGHTS: Copy of a communication from the Appalachian Power Company, trnnsmitting a list of street lights installed and/or removed during the month of December, 1970, was before,Council. Mr. Lisk moved that the communication and list he received and flied. The motion was seconded by Mr. Thomas and unanimously adopted. STATE COMPENSATION BOARD-CITY TREASURER: Copy of a communication from the State Compensation Board, addressed to Mr. J. B. Johnson, City Treasurer, advising that the part of the state f~r readvertislng the sale of delinquent personal propert~ in the total amount of $5.00, ha& been disallowed and pointing out that the state does not share,in the cost of such expense, was before Council. Dr. Taylor moved that the communication be received and filed. The motion was seconded by Mr. Llsk and unanimously adopted. HATER.DEPARTMENT-SEMERSAItD STORM DRAINSt Copy of a communication from Mr. G. L. Gearhartt Town Manager of Vinton, Virginia, transmitting copies of Resolutions Nos. 499 and SO0 requesting that the City of RonnoRe nell to. the Town Yiuton nurplus wit*riot resale in Roanoh~ County and requenting permission to allow the sewage from the proposed A. ~ H. Development Corporation residential development Mr. Nh*clef moved that the matter be referred to a committee composed of Mcsnrn. Hampton M. Thomas, Chairman, Vincent S. Mheeler.and Julian F. Hirst for study, report and recommendation to Council. The motion mas seconded by Mr. Llnh and unanimously adopted. ... TAXES: A communication from Mrs. Cleo H. Sbnlhcum, requentiog the sideration of Council for certain tax exemptions on behalf of her father;Hr. Thomas R. Robinson, was b?fore Council. Mr. Garland Roved that the matter he n~erred to the C0mmissiooer of the Revenue for the purpose of advising Mrs. Shulkcum of certain tax e~emptions in which her father Is entitled to. The motion was seconded by Mr. LIsh ~nd unonimous~y adopted. DEPARTMENT OF PUBLIC MELFAREoCOMPLAINTS-HODSE NUMBERS: A communication from Mr. Cecil Simmons complaining of the high co~t of living compared with the small amount of aid he ~ecelves as a recipient of public melfare and requesting that his house number be changed in order to keep down confusion in locating his home, was before Council, Mr. ~hee~er moved t~at the communication be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted.' ZO~ING~ A communication from Mr. T, L, Plunk*tS, Jr., Attorney, represent- ing Mr. Charles L. Ray, Jr** et ux,, requesting that' property located ia the 3400 block of Hershberger Road, N. R., described as Lots' 1 and 2, Sharpe Map, Official Tax ~nno 25&0138 and ~$&Ol~g, and a 1.5 acre tra~t of ~nd, described as part of Lot Dyer Estate Map, Official Tax No. 2560153, be rezoned from RS-3,,.Singl~Family Residential Dl~t~ict, to RG-2, General ~esidential District, w~s before Council. Mr. ~homas moved that the request for rezonlog he roforr~d t'o the City Planning Commission for study, report and recommendation to Council. The motion mas seconded by Dr. Taylor and unanimousl~ adopted. ZONI~6: A communication from Mr. F, Rodney Fitzpatrick, Attorney, repre- senting Rt. Maddy C. ,Atklns, et ax., requesting ~hat property described as Lots 1 - inclusive, Sea'lan l, Map of Riverside Terrace, ~fficial Tax ~os. 4350501 - 4350~0~, inclusive, 'be rezoned from RD* Duplex Residential District, to C-2, ~eneral Camm*roan District, and that n/ace the requested rez~nlng Is less than twa acres of land that a 4°88 acre tract of land titled in the name of the City of Roanoke Rater Department, Official Tax No. 4350701 on the opposite si'de of Henningto~ Street, S. E., he include la the area%o be rezoaed in order to satisfy the requirements or khe City Code, mas before Co'nell. ' . , . · .... Hr, Link moved that the request for rezoning bereferred to.the City Plnonl Commission and the City Attorney for study, report and recommendation to Council. The motion wes seconded by I/r, Thomas and unnnimously.adoptedo REPORTS OF OFFICERS: flUDGET-DEPA~TMENT OF PDBLIC WELFA]/R: The City Manager submitted the folio lng report In connection with anticipated overexpendltures in the budget of the Department of Public Melfare. advising that according to December expenditures and based on.continuing grants et 75 per cent of need It ia estimated that $82,562,00 will need to be appropriated to General Relief, $90,000.00 to Old Age Assistance and $954,665,O0 to Aid to Dependent Children to cover needs fur the remainder of the fiscal year: Honorable Mayor and City Council Roanoke. Virginia Gentlemen: - "Roanoke. Virginia - January 11. 1971 The City Council received a report several meetings ago of the anticipated requirements for three of the welfare public assistance-categories as to funds for the remainder of the current fiscal year la order to meet a continuation Of the existing case load level, limited projection of any lo,eased case load end related cost for the remainder of the year. It is anticipated that the City Auditor mill have a report on this Agenda la regard to the matter and the folloming is to aupplement his report, The three categories involved are General Relief, Old · Age Assistance and Aid to Dependent Children. In General Relief, the expenditurea are averaging in excess of $16,000 per month. There Is no indication that me will experience fewer applications for the remainder of the fiscal, year, and the majority of people who are applying are eligible for help, The department has taken erery step considered available to it in an effort, to make. the money go further than it has. One step taken has been to cut the percentage of a grant in relation to calctlated need from 100 percent to 75 percent. According to December expenditures and based on continuing grants at 7~ percent of need, it is estimated that there will be required approximately au addi- tional $B2.,562 to meet needs for, the remaining of the current fiscal year. General Relief is 37.50 percent local money and in the above amount this mould result in ,local outlay of $30,906, General Relief is used for (1) ongoing or continuing grants, to those persons who are not eligible la a Federal category and (2) cases pending receipt of assistance through an established Federal category. The average of expenditures indicates that funds mill be insufficient in both the Old Age Assistance and Aid to Depen- dent Children categories. As ia true in most 91aces, Roanoke ~ City is experiencing a considerable increase in case loads. For the month of November, ,1970, there mere 604 more financial cases in Public Assistance than the department had in November, 19&9. Of this number there were 113 more Old Age Assistance cases than a year ago and there were 321 more Aid to Dependent Children cases than a year ago. Nhile it appears that funds are satisfactory in the category of Foster Caret it should be noted as a further barometer of ,trends 1that there has been an Increased assignment to the agency of children in foster care over that rate occurring in recent years and in fact in the second meek of December there were 15 children committed to the agency. {I According to best estlmatec there would.be required an additional $900000 in Old Age Assistance to meet the needs for the remainder of the fiscnl~yeur. Old Age Assistance is 13.11 percent local money which amounts to $110799° Ii is estimated that there will be needed an additional $954,668 in Aid to Dependent Children category to meet the remainder of the fiscal year. ADC Is 13.11 percent local mosey which amounts,to $125,157. The following is a tabulation of the above in relationship to appropriations and budgets. General Relief Old Age Assistnnce Aid to Dependent Children Approp, 69-T0 $ 132,000 591,000 1,§22,800 Gang Relief Dept. Current Request Budget , Request TO-TI T9-TI TO-Ti $ 1980000 $ 1380600 $ 221,162 093,208 803,200 893,208 2,070,T60 2,364,T32 3,319,39{ O, A, A, A, D, C, Total Reduction of Budget under Dept. Request 70"'71 $59,400 $90,000 $506,028 $ 655,420 Additional this request 82,562 90,000 954,66~ 1,127,227 Lonal funds this request 30,906 11,T99 125,15T 167,062 It is certainly recognized that requests fO~ additional funds and particularly requests for additional funds for the Publlc Assistance programs is a:mutter of considerable concern. This complete subject has been reviewed a great number of instances in the past end there is hesitancy to review and restute much that has been previously said. There are many factors that affect these trends, As to increased case loads, this is created by the continuing increase in eligibility standards through which it is possible for people to seek and obtain Public Assistance, the increasing difficulty in being able to deny applicants, the increasing number of persons who enter into the relief roles by vlrtne of eligibility to make up excess income requirements over and above SocialSecurity and related programs and the continuing effort by various agencies and groups, other than the local - government, to enlist and encourage,people for Public Assistance. Requests for additional funds prompt frequently the question as to the extent of policing the roles. Problems are rising in this direction-inasmuch as personnel within public welfare departments have become more and more involved in processing applications, handling paper work, and respmding to inquiries arid requests o~ clients, their representative~ end Interested groups, to the extent that the time and capability of the dlligency In searching out the status of existing cases and in conducting tix~ough investigations is being proportionately re- duced for staff personnel. It would seem to be quite logical that there must at some time and souewhere be a limit to the siae of public welfare activity. All prevailing elements of economics and the social order appear to be working against this and the only control to the public purse appears to be any possibility of a firm limit and cut off in programs by numbers or dollars. Such , continues increasingly difficult. Respectfully submitted, $/ Julian F. Hirst Julian F. Hits, City Manager" 363' -la this connection, Council having directed the City Axditor and the Director o~ Publlo Welfare to prepare a~outh to mouth bre~dom~ of expenditures of the Deportment of Publ~ M~lfare from July l,' 1970, to'De~ember 31, lg~O, the City Auditor submitted a mrltten report trassmitting an analysis of the welfare expendi- tures for the current fiscal yea~ through .De'ember 31, 1970, showing expenditures by category for each month, the amount of the monthly proration of appropriations, the amount overexpended and underexpeoded fa each c'~tegory for'each mo~th and ~or the total of slx months, advising t~at based upon the analysis at the present rate of expenditures and rate of increase it would require approximately a $1 million additional ~ppropriati~n for the ~emainder of ~he fiscal year. A~ter a discussion of t~e matter, Mr~ Thomas moved that the City Auditor be far.shed,with a list of,disbutseme~ts each month by the Department of Public Welfare, that Council be furnished with the information as soon after the close of each month as possible and that no overexpenditures he made or authorized in any month mlthout prlor approval of Council. The motion was seconded by Mr. Wheeler and unanimously adopted. ~r. £fsk the~ moved tha~ action on t~e report of the City Manager and the report of ~he City Auditor be deferred one wee~ pending additional information. The motion was seconded by Mr. Thomas and unanimously adopted. CIT~ PL&~NING COMMISSIOn-CITY R~GINRER: The City Manager Introduced Mr. Charles L. Gutshall, Assistant City Engineer, and Mr. NathanAel M. Griffin, Assis- tant Planning Director, ~o the members of C~uncil. Mayor Webber welcomed Mr. Gntshall and Mr. Drtffin to the administrative staff of the C{ty of Roar~ke. LEGISLATIOn: The City Attorney submitted a written report in connection with Resolutions Nos. 19465 and 194~6, advising that each of the Resolutions were presented to and discussed by the members of the Legislative Committee of the Virgin: Municipal League at a committee men{lng held in Richmond on January 5, 1971, and the the members of the Legislative Committee by Resolution duly adopted, endorsed the proposals contained In said Resolutions. Mr. Wheeler moved that the report be received and filed. The notion was seconded by Dr. Taylor and unanimously adopted.' AUDITS-SCHOOLS: The City Auditor submitted a written report on an examine, tiaa of the records of the Falrviem Elementary School for the school,year ended June 30, 1970, advising that the records were in order and the Statement of Receipts and Disbursements reflects recorded tran~actions for the period and the financial condition of the*fund at the end of the audit period. Mr. Mheeler moved'that the report be received and flied. The motion was seconded by Mr. Llsk and unanimously adopted. STREETS A~D ALLEYS: Council having referred to the City Plnnning Commissic tot study, report and recommendation a report of the City Attorney recommending that all of that certain ten-foot wide alley, approximately 3$$.S'feet'in length, running in an east-west dire~tion from the*west line of Second Street, So l** to tb~ east line of Third Street, S. W** be vacated, discontinued and clo~ed, the City Planning Commission submitted a.~ritten report recommending that the request be granted. Mr. Lisk moved that a public hearing be held On th~ question of vacatingt discontinuing and closing the street a~ 2 p.m** Monday,'February 10 lq?lo The motion mas seconded ~y Mr. Mheeler and unanimously adopted. ZONXRG~ Council having*referred to the City Plnnning Commission for stud report and recommendation a request of the Southview United Methodist Church, that property located at 3230 Cove Road.'N. M., described as Lot §H, Official Tax No. 2560134, be rea.ned from RDt.Duplex Residential Dlstr~ct, to C-l. Office and Institutional District. the City Planning Commission ~ubmitted a written report recommending that the request be granted. Mr. Llsk moved that a public hearing on the request for removing be held at 2 p.m** Monday, February 15, lg?l. The motion was seconded by Mr. Wheeler and unanimously adopted. ZONING: Council having referred to the C~ty Planning Commission for study~ report and recommendation,the reques~ of Nicholas J. and Geneva E. Nackley, that property, located in the 3000 block of Core Road, N. W., described as all of Lot 15 and part of Lot 14. part of Official Tax No. 2480106 and all of Official Tax No. 24801320 Swat*bm.re Place, be Fez.ned from RS-3, Single-Family Residential District to C-2, General Commercial District. the City Planning Commission submitted, the following report recommending that the request for rea.ming be denied: ~J~nuary ?. 1971 The Honorable Roy Lo Webber, Mayor and Members of City Council Roanoke, Virginia Gentl~menl The above cited r~quest was considered by the Planning Commission at its regular meeting of January 6t lqYl. Mr° Roy B. Wlllett, attorney for the petitioner, appeared before the, Planning Commission and noted that the petitioner plans to erect either a barber shop or a beauty salon ~n this parcel in question. · Mr. Edward ,P. Gentry, a local resident of the area, presented a petition signed by thirty-three (33) home owners in the general vicinity opposing this rezoning request. Mr. J. L. Chappell, an adjacent property owner appeared before the Planning Commission opposing this r.ezoning petltio.n on the grounds that a commercial development would erode the residential qoality of the general area. Mr. H. J. Frantz. another local resident of this area, appeared b~fore the Commission opposing this reznniug request on the basis of its detrimental impact on the environment. 365 The Plnnalng-Dlrectornoted Initially th&*.there are existing on Cove Road two soaeahat compact commercial esr* areas; one at'the Intersection of ¢ove'ioad~and'Lafayette Avenue. He stated that this petitioned request was not located within either of these core,arena, and constituted us sash a patent example of spot zoning, In additiont he noted that there ,was an existing nursing home ia ~lose proxfwity to this lot question that served to buffer the existing residences on this block, Including the residential lot in,question; consequently there was certainly no need for this particular lot in question serving as a buffer or transitional zone. Finally, it was noted by the Planning Director that this C~2 rezoning petition would have an adverse environmental impact on the general neighborhood. Accordingly, motion was made, duly seconded and unanimously .approved recommending to City Council that this request be denied, Sincerely, $! John H. Pnerott by L.R. John H, Parrots Chairman" In this.connection, a communication from Rr..Roy B. WilieSt. Attorney, representing the petitioners, requesting permission to withdram the request for rezoning, was before the body. Mr. Link moved that Council concur in the communication that the request for rezoning be withdrawn. The notion mas seconded-by Dr. Taylor and unanimously adopted. REPORTS OF COMMXT~EES~ PARKS AND PLAYGROUNDS: Mr. Louis R. Showalter, Jr., Chairman of the Transportation Museum Committee.of,the Roanoke Valley Chamber of Commerce, appeared before the body and resubmitted the following report tra~mitting eight recommendatl~hs previously made to Council in connection with upgrading the Roanoke Transportation Museum: "January 7. lg?l TO THE HONORABLE ROY L, WEBBER, MAYOR, ~ND MEMBERS OF ROANOKE CITY COUNCXL: Gentlemen: Early last year, with the sanction of the Mayor and Clt~ Manager, the Chamber established a Transportation Museum Committee with its objective to assist in developing the City-owned Museum Into an important and viable local attraction. After numerous meetings and discussions which consumed an estimated 200 man-hours of the time of busy but interested citizens, the Chamber formarded to Council on May 21, 1970 the enclosed proposal which received no response. Another summer season went by with the Museum remaining dormant. Me believe there is such a great potential in-this facility, me are returning to Council with the hope that constructive steps will be taken through the remaining winter months which will enable this valuable attraction to open next spring with new vitality. Here is our outline of needed steps and developments for improvements: 1. We reiterate the budgetary increases requested last May - emphasizing the need for a qualified and ener- getic supervisory person with the responsibility of working with community and railroad groups. This assignment is needed now. 2. The city. Engiee~.un~ DireCtor or Public #~hs be authorized to confer with the original architects on widening und enclOSing.the covered.small vehicle area and to arrange for the moving of the Stsrkey N~ M Statism to the Museum site, Iq this r~gard, piea~e note that 4afficJest.cinder blocks' have been offered to enclose the covered area. 'Other offers of this Type could be developed if the City scald prepare definite plans and authorize someoUe to ~xpedite:developmeat. 3.. The ~ltyshould-msin~uin orriciuX liaSonlmlth the N & I end proceed forthmith to secure the Class Engine No~.20~O offered tO the City bY Armco Steel Company at Rlddl~tos, Ohio. There is u chance we could 19se this offer through uscoscern. 4. The City should discuss with N.& M. the rehabilitation and placement schedule ct Engine No. 1210 donated by ' *Steamtown H. S. Aa* at Bellows Falls. ~ew York. Other acquisitions could possibly be made if enthu~ sim*tic, authorita~ve. ~fflcfal response were' available ~rom the City government structure. 6. The City should expedite the enclosing of the vehicle shed and work enthusiastically wl~h ~he Roanoke Valley Model R~llroad Club on its offer to build an BO-foot model railroad complex before they lose Interest. ?. City Council i$ asked To restructure its official advisory committee so ns to Join forces mith ~he Roanoke Valley Chamber of Commerce, the Roa~ke Valley Model Railroad Club. the Roa~e Chapter - National Railway Historical Society, the Roanohe C~apter - American Institute of Architects and the Executive Staff Norfolk ~ ~estern R~ilway Company, and to prgvlde for periodic meetings. City authorize the printing of an attractive brochure in sufficient quantities (IOO, OOO copies annually) for distribution through travel channels. This brochure should be ready by April 1971 for the summaF s~ason. The enclosed copy is a minimal effort of the Roan~e Valley Chamber of Commerce. Only 4.000 copies sere printed near the end of the past season. ~t is requested that council review the 1970 progress report submitted on March ~O, 1~?O by Carl B. Steralng, Jr. prior to his resls~atign as Chairman of the Roanoke Transportatio~ Museum Com~Itte~. Re respectfully su~mit that there Is ~n u~gency in our request and hope you bill favor us sith as early reply, commentl~ on each of our proposals. Re plan to attend Council Meeting on January 11, to answer any questions you might have. Yours ~ruly. : S/.Louis ~. Shoualter, Jr. Louis R. Showalter. Jr., Chairman Transportation Museum Committee" Mr. Jack M. Coodykoontz, Man.agar, of the Business Service Department of t] Roanoke Valley Chamber of Commerce. also appeared before the body ia support of the eight recommendations and expressed the opini'on that a bett*er means of main- taining the present eqoipment at the Roanoke TranspOrtation Museum should be established. :367 After e discussion of the matter, Mr, Wheeler moved that the report of the Transportation Museum Committee of the Roanoke Yalley Chamber of Commerce be r~ferr~ to the City Manager and the Roanoke Transportation Museum Committee rot study, repel and recommendation to Council. The motion mas seconded by Mr, Garland and unaaimou~ adopted. AUDITORIUM-COLISEUM; ,Council having referred to · committee for tabulati~ report and recommendation the bids received on Contract No. I - Proposed access roe, to the Roanoke Civic Center fro~ Second Streett N. E,. and turning lane widening on Mllllamson Road at the Civic Center, and Contract No. 2 - Uaderbrldge lighting on Walker Avenue, Interstate,Route 58i, bridge and underground duct work for sign~ s and lighting, the committee submitted the ~ollowlng report recommending that the low bid of B. ~ $. Construction Company, In the amount of $75.345~86 for Contract No. 1, and the low.bid of Corer Construction Company, Incorporated. In the amount o! $300033.60 for Contract ~o. 2t be accepted: "January 11, 1971 TO the City Council Ronnoke. Virginia Gentlemen: Rids were opened and read before City Council at its regular meeting on Monday, December 28, for certain roadway, signal and.lighting improvements in connection mith the Civic Center. AS shown on the attached tabulation of bids, tmo (2) bids each were receired for two proposed contracts. Contract I would accomplish the street construction to widen Mllllamson Road between Rutherford Avenue and Madison Avenue and also the access road et Walker Arenue under Interstate 581 to Second Streett N. E. Contract II would provide underground duct mork for traffic signals at the intersections of Rutherford and Madison Avenues with Rilllamson Road and ntreet lighting. Your committee has considered the bids received and find the lom bids to be in conformance with the project specifications. It is hereby recommended, that two contracts be awarded, one to H. 5 S. Construction Company in the amount of $75,345.86 for Contract I and a second to Corer Construction Company, Inc., in the amount of ~30,033.60 for Contract II. The combined total of these two contracts is approximately $9,000 less than the low bids received approximately seven (7) weeks ago ahem the work mas bid as a single project. Funds are available within the Civic Center account for these improvements. APPROVED: SI Byron E. Hamer Byron E. manor, Chairman Assistant City Manager APPROVED: 5! John W~ Chaeeelear. Jr. John M. Chappelear, Jr. Architect APPROVE~: S~ Row~d E, ,RadfcFd Homard E. Radford CIVIc Center Manager APPROVED: Sf William F. Clark Million F. Clark Director of Public Works" Mr, Link moved that Council concur in the recommendations of the committee and offered the f,Il,ming emergency Ordinance: (e19470) A~ OROIHA~CE a~ceptiag two proposals rot the construction or an widening un ¥Illlamsun Roadt Ne g.~ ned Certain enderbrldge lighting on ~alker Ay*mu( Interstate Route No, SOl ,ridge and underground duct Murk for signals and lighting on ~illiamson Road, N. £.; autho~lzing the proper City officials to execute the re- quisite contracts, rejecting ce~taia other bids made to the City; and providing for an emergency. (For full text or Or~fnauce, see Ordinance Book No, 35, page 92,) Mr, Lisk moved the adoption of the Ordinance. The motion mas seconded by Mr. Garland and adopted by the f,Il,ming vote: AYES: Messrs. Garland, Link, Taylor,~Thomas, #heeler and Mayor WebBer ....................................... 6, NAYS: None ........................O, (Rro Trout absent) CAPITAL IMP~OV£NENTS PROGRAM-MUNICIpAL BUILDING: Council having referred to o committee for study, report and recommendation n report of the City Homager in connection with payments to John N. Daniel and Company, Incorporated, for the con- struction of the ~em ~uniclpal Building'Annex, the ~ommlttee submitted the f,Il,ming report recommending that the. City of Roanoke retain 3 1/2 per cent of the currently approved contract amount, plus the liquidated damages of 149 days at $375.00 per day, totaling $133,251o66,: Honorable Mayor and City Co~ncil Roanoke, Virginia UR,an,k*, Virginia January 11, 19TO The City C~uncl'l referred to the undersigned committee the matter of payments to John W. Daniel and Company, Incorporated, on the construction of the munic~pal building annex. This matter wes presented by the 'City Manager at the last meeting of the City Council. It l~ the recommendation of the committee that the City retain 3 1/2 percent of the o~rrently approved contract amount, plus the liquidated damages at 148 days at $375 per day. The pergentage of 3 1/2 percent times $2,221t4?b.03 is $77,751.66. The liquidated damages total $55,500. The total of both amounts to be retained is $133,251.6b. It is the c~mmittee*n recommendation that the City Attorney prepare for City Council appropriate ordinance authorizing a change order to the contractor consistent mith the above. It ia noted*by the committee that the exact determination of days for completing liquidated damages Is still a pending matter, that there are change orders totaling SH,~O&.29 that have been approved by Council but has not yet been executed and that there are certain credits yet to be calculated into' the total contract cost. It In the opinion of the committee that the above recommendation adequately ~ro~ldes for these particular conditions. :369 Respectfully youree : S/ James N, Klncaaon James N. Ki~canon ' '' S/ David K. Link David g~'Ll~k ' S/ Vincent S. Wheeler ' Vincent S; Wheeler S! J. Robert Thomas J. Robert Thomas S/ Jhliao F. Hirer Jalian F. Hits*u Mr. Link moved that Council Concur in the recommendation of the committee and offered the following ResOlution:' : (m19471) A RESOLUTION authorizing the issuance of a Change Order to the Cltyts contract with John W. Daniel ~'Company, Inc., dated August 19,~1969, for the construction of the Municipal Building Annex so as to reduce from 10 percent to 3.5 percent the amount of partial payments provided to be made to the contractor by the City under Section 2-S3 b. of' the General Conditions of said contract. (For full text~of Besolution~ see Resolution Book No. 35, page Mr+ Link moved the adoption of the Resolution, The motion was seconded by Mr. Mheele¥ and adopted by the folloming vote: AYES: Resets. Garland, Llsk, Taylor, Thomas, Wheeler, nod Mayor Mebber ......................... ~ ............ NAYS: None ........................O. (Mr. Trout absent) AUDITORIUM-COLISEUM: Council having referred to a committee for study, report and recommendation a report of the City Manager recommending that Ordinance N 19569 be amended in connection with rental rates at the Roanoke Civic Center to pro- vide that fifty per cent of the basic rental fee shall be paid in cash or certified check at the time of the signing of the contract, that the Civic Center Director, with approval in each instance by the City Manager, may use his discretion and negotiate with respect to the fifty per cent of the basic rental fee with known and established organizations, the balance of the rental fee to be paid In full before occupancy except for those charges 'that cannot be determined in advance, the commltt* submitted a written report concurring in-the recommendation of the City Manager and transmittin9 an Ordinance amending Title Vlll, Chapter 9, Section 5 of The Code of the City of Roanoke, .1956, Mr. Link moved that Council concur in the report of the committee and offered the following emergency Ordinance: (=1V472) &~ ORDINANCE to amend and reordaln Sec. 5. Rates and charges; fo of agreement of Chapter 9, Civic Center Department, of Title VIII, Public Buildings and Property, of the Code of the City of Roanoke, 1956, as amended, by providing tho ,the Civic Center Director way, with the prior written approval of the City Manager ngreenent for use of the Clvlo Center facilities; and providing for an emergency, (For full text of Ordinance, nee Ordinance Book No, 35, page 94,) #r, Lfsh noved the adoption of the Ordinance. The notion wes seconded by Mr, Garland and adopted by the following vote: NAYS: None ........................ O, (NFo Trout absent) CONSIDERATION OF.CLAIUq: NONE. INTRODUCTION A~D CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS Arid ALLEYS: Ordinance No.,19463, vacating, discontinuing and was again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (#19463) AN ORDIN&NCE enacted pursuant to the provisions of Section, 15.1-~64 of the Code of ¥1rginia (1950) as amended to date providing for vacating, discontinuing and closing that triangular portion of an alley or roadway in S. morepart/cularly described as follows: ,. BEGINNING at, a point at 2t being shown as 2 on Plan No. 5065, prepared under date of August 31, 1967, in the Office of the City Engineer, Roanoke. Virginia, a copy of which said Plan No. 5065 In on file in the Office of the City Clerk; tbenee, S. 24o 02* E. 6B.36 feet to, a point on the right-of-way of the Norfolk and Western Railway Company, said point being S. 790 36' E. 30.61 feet from point 3 on the above-mentioned. Plan No. 50~5;tl~ceui~n~dr~lroad ~ght-of-~ay S. 79036' R. BBf~et'mcr~ o~ left o aport, theflcefnan~d~Ely direction with the east side of the old right- of the new. bridge over to the Industrial Cen~er 400 feet more the right having a chord bearing and distance of S. OD 44.5* 267.26 feet. an arc distance of ~9.68 feet to a point; thence S. 12° 33~ W. ~3oDO ~eet to the Place of Reginoiag at 2; and (For full text of Ordinance, see Ordinance Rook No. 35, page' Mr. Wheeler moved the adoption of the O'rdi~ance. ~he motion wes secondec by Dr. Taylor end adopted by the following vote: NAYS:' None ........................ O. (Nr.'Troo~ absent)' · STREETS AND ALLEYS: Ordinance No. 1946~, vacating, discontinuing and · Rollins Road, being a distance of 2~0 feet, 'more ~r less, ~aving previously been 371 before Council for its first reading, read and laid o~er, nas again her*re the body, Dr. Taylor offering the f,ti*ming for Its second reading aqdficalodoptioot (r19464) A~ ORDINANCE permaeently vacating, discontinuing and closing the remaining.portion qf Bole*on Street, M. E,o bqgianfog o~ a point nh*re a projection of the southwesterly line of.Lot 6 of the M, C, Woods subdivision of Sqction I of Riley Heights intersects Bale*on Street and proceeding in a oortheosterly direct~on to a p,fat nb*re Dole*on Street Intersects the son,hues*arty side of.Hollins Road, being a distance of 200 feet, more or least'said street being 40'feet Mid*, n,re (£or full text of Ordinance, see Ordinance Book Mo, 35, page 90,) Dr. Taylor moved the adoption of.the Ordinaoce. .The notion mas secm ded by Mr. Wheeler and adopted by the f,Il*ming vote: AYES: Ressr~. Garland, Lish,.Taylor, Th*anal Wheeler and Rayor Webber--T--r ................................. NAYS: None--~--; .........~ ........ O. (Mr. Trout absent) BUSES: Council having directed the City At~orn~y to prepare the proper measure conditionally amending paragraph number lgSl~ be*wee* the City of B,an*he and the R,aa*he Railmay G Electric Compaoy and Safety Motor Transit Corporation to a,th*rise aa increase ia the charge for fare~, he. presented name; whereupon~ Wt. Garland offered the follomiog Resolution= (=19473) A RESOLUTION conditionally amending paragraph number (5) of a contract dated August It 1951, between the City of Roanoke and the Roan*he Rallmay ~ Electric Compan~ and Safety Motor Transit Corporation, to au*h,rime an increase in the charge for fares. (For full text of Resolutioo, see Resolutlba Book ~o. 3~, page gR.) Mr, Garland moved th~ adoption of the Resolution. ,Th~ motion, was seconded by g;. Mheeler. In this connection, a conmunicatlon'~ro~M~s.' Edna D. Rumberg, Correapondi Secretary of the L~cy ~ddi$Sn PYSA, advising that the Executive Board of the Lucy Addison PT~A is'strongly opposed to any increase in bas fares, for $chpol children, mas before the body. ,, . . Mr. Lisk o~fered a substitute motion that Council increase the charge for a meekly ~ass fro~ $3.~O to $3.50, that the b~sic transportation fare b~ increased from 25~ to 26{t that the' elimloation of tokens be approved, and that ~ouncil maive the franchise tax for one or possibly two years i~ lieu of increasing the school fares. The motion nas seconded by H~. Thomas nod 'lost by t~e following vote: AYES: Messrs. Lisk, TaylOr and Thomas ..................3. MAYS:'WessFs. Garland, #~eel~r and Mayor Webber ........3.' (Mr. Trout absent) The original motion* ~as* t~en adopted by the following vote: AYES: Messrs. Garland, Link, Taylor, Wheeler and Mayor Webber .......... NAYS: Mr. Thom~s ........... ~ ............................. ~ ............ (Mr. Trout absent) MOTIONS AND MISCELLANEOUS BUSINESS: = PROCLAKATIONS~ Dr. Taylor read the foil*ming prepared statement reqneztin( that the City of Roanoke do lts~hare Jn building national sen,tim*n* to honor Dr. Martin Luther Kingo Jr** annually and encourage the passage of nail.*nmi legislation mhlch would designate his birth date, January 15 es a legal publio holiday: mROANO~H CiTY COUNCIL MONDAY, JA~qUARY 11, 1971 - 2;00 P.M. FridaYs January 15th is the hirt~ date ,of the late Dr, Martin Luther King, Jr., Although Dr. King is gone, his ideals of nooviplence ~nd Justi,ce ha~e oontin~ed. Re ts still remembered as one who brought a sense of hope not only to thin **un*fy but to the entire uorld, HIs deep commitment to the concept' of raciat harmony made him one of our greatest Americans. ~r. King was a leader that accepted no bribe la p~ace of - the truth. He was tired of hate, tired of war, tired of violence, tired of being told he should strike back, Be declared that he would not permtt anyone to puli him dome to that level and he did not. To many Black Citizens, he was the bridge between the established past and the uncertain pt*sent. He spent his life advancing the goal of a peaceful and progressive society for all Americans. Last year, ,proclamationa or resalutions mere passed in nine {9) states and twenty-six (26) cities. This year, ! am asking Roanoke to do its share in buildieg National sentiment to hqnor Dr. Martin Luther King, Jr. annually and encourage the passage of National Legislation which would designate his birth,date,, January 15th, as a legal public holiday. Therefore, I move tha~ Roanoke City council issue a pro~ clamation that Friday, January 15th be proclaimed as *Martin. Luther King, Jr, Day*'and that citiaens throughout the community be encouraged to engage.in commemorative observances such as memorial services, tributes, as well as securing public service time from Television and Radio Networks for commemorative activites. Su~mitte~ bye S/ Noel C. Taylor N~elC.'Taylor" Dr, Taylor moved that Council issue a proclamation that Friday, January 1~ be proclaimed as "Rattle Luther King, Jr** Day" ~nd that citizens throughout the community be encouraged to engage in commemorative observances such as memorial services, tributes, as well as securing public service time from television and radi networks for commemorative activfges. The motion was seconded by R~. ~ts~ and unanimously adopted. HEALTH DEPARTMENT: Mayor Webber called to the attention of Council that the term of Mrs. Anna L, McClung as a member of the Community Mental H~alth Services Board expired on December 31, 1970, that Mrs. McClung has declined to serve another term and called for nominations to fill the vacancy. Mr. Thomas pl~ced in nomination the name of E. Griffith Dodson, Jr. There bdng no further nominations, Mr**E. G~iffith Dodson, Jr,, was elected as a member of'the Community Men'al Health Services Board for a term of three years ending December 31, 1~73', b~ the following vote: FOR MR. DODSON: Messrs, Garland, Llsk, Taylor, Thomas, Whee~er and Mayor Mebber .............. L~---~---6. (~r,'Tr~ut absent) 373 AIR POLLBTION CONTROL{ Bayo~ Rubber culled to the attention of Council thut the term of Mr. Tbomus M, Urquhort as u number of ~he Advisory ued Appeal Board Air. Pollution Controlt expired on December 31, 1970t and called for nominations to rill the vacancT. : Mr. Lish placed fa nomination the .uem of Thomas M. Urqubarto There being no further nominations, Mr. Thomas M, Urquhurt mas reelected as a member of the .Advisory und Appeal Board, Air Pollution Control, for a term of four years ending December 310 19740 by the following vote: FOR IfR BRQUR~RT: Messrs, ~arland, Lisk,'~ay~or, Th ..... Wheeler und Buyer #ebber ......................... 6. (Mr. Trout absent) PF~SIONS: Mayor ~ebber advised that he has reappointed Mr. Thomas T. Moor as a member of the Advisory Committee on Investment of Funds to .t~e Board of Trustee~ of the Bmployees* Retirement SyStem of the City of aoanohe, Virginia, for a term of three years ending December 31, 1973. $TADIUN: May~r Rubber called to the attention of Council that the terms of Messrs. W, Bolling Izard, Abuey S. Boxleyt C. E. Cuddy~ ,Richard C, Stephensoc and Mllliam R. Bill as ~enbers of t~e Stadium Advisory Committee expired on December 31, .1970, und called for nominations ~o f~ll the vacancies. Mr, Thomas placed in no~inatioc the name of Millia~ R, Bill. Mr. Garland placed in nomination the name .of C. ~. Cuddy. There being no further nominations~ Messrs. Wll~iam*R. Bil~ and C. £. Cuddy were reelected as me~bers of theStadiu~ Advisory'Committee for terms of two years each ending December 31~ 1972. by the following rote:' FOR MBSSRS. HILL ~ CUDD¥: Messrs. Garland, Lisk, Taylor, Thomas, Mheele and Mayor Rubber .............. ~-~6. (Mr..Trout absent) Mr. Mheeler then moved that action on the three remaining vacancies on the committee be deferred one ~eek. The motion was seconded by Mr. Ll~k and unanimously adopted. PLANNING: Mayor Rubber called to the attention of Council that the terms of Messrs. C.B, Bunter, Jr., ~hn B. Par~ot~ and Jos~ph'D. 'Lawrence as me~bers of the City Planning Commission expired on December 31, 1970~ that Rt. ~unter has declined to serve another term and called for nominations to fiil the vacancies. Mr. Wheeler p~aced lu no~natiou the ..... f ~hu H. P .... tr. Mr. Thomas placed'in nomination the name of Josep~ D, Law~ence. There beic9 no further aomin~tl .... Melsrs~ 5ohn H. ParYott and Joseph Lawrence were reelected as members of the City Planning Commission for a term of leu years ~ach'ending December ~1~1~74, by the following vote~ ~R ~SSR$. PARRO~T A~b L~WRB~CE: Messrs. G~rla"d, Li~k, Taylor, Tho Wheeler and Mayor Webber .................. b. (Mr. Trout absent) Mr. Bheeler then moved that action o~ the ~acancy on the City Planning Commission created'by the ;esignat~on of'Br. C, B~ Bunter,' Jr., be'deferred one meek The motion was seconded by Kr, Thomas and unafll~ousl~ adapted, HHALTH DEPARTMENT: Mayor Webber called to the attention of Council that the terms of #coors, A. Byron Smith and Jo Garry Clay as members of the flousfag and Hygiene Hoard will expire on January 31, lg?l, and called for nominations to fill the pending vacancies, Dr, Taylor placed ia nomination the name of J, Garry Clay, There being no further nominations, Mr, Jo Garry Clay mas reelected as a member of the Housing and Hygiene Hoard for a term of tun years ~uding January 31, 1973, by the following vote: FOR MR. CLAY: Messrs. Garland, Llsk, Taylor, Thomas, Wheeler and Mayor Webber ....................... ~6, (Mr..Trout absent) Dr, Taylor thee moved that action on the remaining vacancy be deferred one meek. The motion was seconded by Mr, Lish and unanimously adopted. There being no further business, Mayor Mebber declared the meeting adjourned. APPROVED ATTEST: k Mayor 875 COUMCIL~ REGOLAM MBEI'ING, Monday. Jnamr! 18, 1971. The Council of the City ~f Roanoke met in regular meeting in the Council Chamber in the #anicipat Building Annex, Monday, January '18, 1971, at 2 p,m., the regular meethg ~our, with M~ynr Mebber presiding. PMES~NT: Councilmen ~obe~t ~. Garland, Darid M. LtsR. Hoei C. Taylor, Hampton W. T~omaa/ James O~ Trout, Vincent S. Mbeel~r and Mayor Roy L. Mebber .... ?. ABSENT: None ............ ~- ..........~ ...........................JO. OFFICERS p~ESENT: ~r. Julian Y. ~lrst, C~ty Manager. Mr ~ Byron E. Bauer, Assistant City Manager, Mr. James N, K~ncano~, ~ity Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting mas opened with a prayer by Dr. Edgar A~ Putts, Pastor, Greeae Memorial Methodist Church.' MINUTES: Copy of the minutes of the regular meeting held on Monday, January Il. 1971, having been furnished each member of Council, on motion of Mr. LisJ seconded by Mr. Garland and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS[PON PUBLIC MATTERS: ZONING: Council having set a public hearing for 2 p.m.. Monday, January 1971, on the request of the Ebenezer African Methodist Episcopal Church, that propert located at 1555 and 1563 Lafayette Boulevard, N. M., described as Lot 4. Block 16. Map of Villa Heights. Official Tax Nos. 2450201 and 2450202, be rezoned from C-I, Office and Institutional District, to C-2, General Commercial District, the matter mas before the body. In this connection, the City Planning Commission submitted the following report recommending that the request for rezoning ~e denied: "December 17, 1970 The Honorable Roy L. Mebher. Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request was considered by the Planning Commission at its regular meeting of December 16, 1~0. Reverend Robert S. Allison. Pastor, Ebenezer African Methodist Episcopal Church appeared before the Planning Commission ann stated that he is requesting the C-2 zoning designation because the Oabney Floor and Tile Service Co., which has an office presently established in the parish is not a permitted use in the existing C-I zoning designation, but is a permitted use in the C-2 zoning designation. Reverend Allison presented a petition signed by eleven (Il) residents of the area (some of whom had originally opposed the ear l~ er C-I rezonlog petition) supporting this petition. Mr. Malter Hudson, a local resident, appeared before the Planning Commission stating that he favored this rezoning petition. Or. Law. n local rnaldeat appeared beform the Plnueleg CommiasJcm stating that he mas'opposed to this rescuing request noting that.approval of this rezoniug petition would tend to generate alBllar rescuing requests serving to erodethe quality of the neighborhood. The Planning Director appeared before the Planning Commission and presented the-follouin9~rePort pertaining to this petitkn~ meat on Lafayette. Blvd. and to acme extent Cove Road, specifically that portion near Lafayette Blvd. The general nree involved in this petition lsessentielly a stable residential one - Lafayette Olvd, nnd Cove goad (Rt. 1161 ere basically residential in character with heavy commercial uses at.itsmuthern terminus at Relrose and extending in u linear pattern, and some sparse commercial develo~nenta ut its northern terminus ut Cove goad (Rt. 1161. ~hile Melrose Avenue represents a rather linear continuous, concentrated, uninterrupted and vital comnercial development. Cove Road*a commercial development is limited to two circumscribed arena; eno st the intersection of Coye goad amd Hershberger and the other, and somewhat more limited at Cove Road end Lnfa7ette Blvd.' The limited commercially-zoned aeons on Lafalette 8lvd. are either presently abandoned or vacant, perhaps attesting to this arenz*s uasuitnbllit! for commercial development. The IVeO Highway Plan indicates that Cove goad (Rt. 11~) will be extended into Liberty Road. which mill further deemphasize Lafayette Blvd. as a commercial street, and shift the emphasis to a ma]or street Of gre~ter length, and more uniform continuity, perhaps lOth Street. The petitioner had the lot in question recently rezoned from a RS-3 to a C-I classification, uhich permits additional limited commercial uses in appropriate structures including professional and business offices (medical, dm tal. and the like) while concomitantl~ mreservin~ the residential character of the ar~a. A major objective of this C-I classification is to maintain the integrity of the existing residential areas. On the ether'band a C-2 zoning designation is geared primarily to permit retail sales of goods and services, including neighbor- hood commercial, shopping centers and highway cammer~ial and is not based on the preservation of the residential character auenities e~isttna within t~e area. It is based purely en commercial development values as evidence on the Relrose Avenue commercial frontages. Thla structure (parish) in question is located within · residential area with the Church serving somewhat as a buffer between the limited commercial uses located on Cove goad and the residential uses on Lafayette Blvdo As noted previously the limited commercially-zoned areas on the northuestern portion of Lafayette Hlvd. are either vacant or abandoned. Rezenlng this lot for a C-~ zoning designation would have a deleterious effect on the neighboring residential property values and detract from the residential character of the area for the fo lbmlng important reasons: (a) increased trucking operations and their concomitant noise and air pollutants. (b) hazardous traffic conditions resulting free increased trzffic flow and the mixing of passenger and commercial vehicles. (c) visual blight resulthg from increased traffic flow and its concouitants (noise, smoke, double parking). (d) inadequate p~rking facilities to service the new uses. (e) perhaps host inportant- It would serve as a catalyst to genergte and encourage similar-t~pe commercial uses to locate in the area and detract fro~ the residential .quality o~ the area. For these reasons, It is our conclusion that the parcel in question should not be Fezoned for e C-2 zoning designation. Accordingly, motion was made, duly seconded and uneninousl~ approved recommending to Cat7 Council that this request be denied. Sincerely, S/ John H. ~aFFott by John H. Chairman" The Reverend Robert S. Alllsont Pastor of the Ebenezer African Methodist Episcopal Church, appeared before Council In support of the request and advised that he is requesting this rezonlng to enable one of his tenants who is in the rigor end tile service business to rennin in the building, pointing out that the C-I honing classification will not permit this t~nant to operate his business uithiu the building. Dr. and HFS. Maynard fl. Leu appeared before the body in opposition to the request for rezoning, advising that they~n property located at 15o9 Lafayette Boulevard, N. #., th~they have invested ~ great deal of money in remodeling this hone in order to provide adequate living quarters for themselves and requesting that the rezoning be denied in order for the neighborhood to' remain as it now is. In a discussion of the matter, Er. Garland and Dr. Taylor raised the question as to whether or not a waiver to the Zoning Ordinance could be made in this ~articular instance. The City Attorney replied that a special permit could not be granted to this particular party without first amendhg the Zoning Ordinance to nuke this excepti'on throughout other parts of the City of Roanoke. After a further discussion of the matter, Mr. Thomas moved that Council grant the request for rezoning and that the following Ordinonce be placed upon its first reading: (cig4?4) AN OROINANCE to amend Title X¥, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1g$6, as amended, and Sheet No. 245, Sectional 1966 Zone Rap, City of Roanoke, in relation to Zoning. RRRREAS, application has been made to the Council of the City of Roanoke to have East Side of Lafayette Boulevard betw~m Lafayette Boulevard and Cove Road, North Mesa, described as Lot 4, Block 18, Villa Heights, Tax Nos. 24~0201 and 2450202, rezoned from C-I, Office and Institutional District, to C-2, General Commer- cial Oistrict; and EHEREAS, the City Planning Commission has recommended that the hereinafter described land not be rezoned from C-I, Office and Institutional District, to C-2, General Commercial District; and ~NEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 71, Chapter 4.1, Title XV, of The Code of the City of R~anoke, 1956, as amended, relating to Zoning, have been published and posted as required and for the time provided by said section; and MHRREAS, the hearing as provided for in said notice washeld on the 1Bah day of January, 1971, 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 UBEREAS. this Council, after considering the evidence es herein provided, is of the opinion that the hereinafter described land should be renoned. TBEBEFOREo BE IT ORDAINEO by the Council of the City of Roanoke. that Title IV. Chapter 4.1, Section 2. of The Code o~ the City of gounuhe. 1956. ns neended, relating to biog. and Sheet No. 245 or the Sectional 196~ Zone Map. City or Sonnohe. be amended in the following portlculor nnd no other, viz.: Property located on East Side of Lafayette Boulevard between Lafayette Boulevard and Cove Read, North Meat, described os Lot 4. Block lO, Villa Heights, designated on Sheet 245 of the Sectional 19h6 ~ule Map, City of Roanoke, as Official Tax Nos, 2450201 and 2450202, be, and is hereby, changed from C-l, Office end Institutional District, to C-2, General Commercial District, and that Sheet No. 245 of the aforesaid wap be chaoged Jo this respect. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland. Lisk. Thomas. Trout. Mheeler end Mayor #ebbcr--$. NAYS: None ........................................................... (DF. Taylor not voting) LICENSES-TAXES: Mr. Jack S. Coulter, Attorney, reprenenting the Roanoke Food Brokers Association, appeared before Council and requested reconsideration of the part of Ordinance No. 19453 adopted December 2B, 1970, by which the basic license tax rate on food brohers was increased by 500~, advising that the food brokers were not aware of the increase until they received their motices for the payment of their 1971 license tax and transmitting four reasons that the food brokers should not be subject to any increase in their basic license tax rate. After a discussion of the request. Mr. Lash moved that the matter be referred back to Council acting as a Committee of the Mbole, tbeClty faditor and the Commissioner of the Revenue for reconsideration and report to Council at the next regular meet~9 of the body on Monday. January 25, 1971, The motion was seconded by Mr. Garland and unanimously adopted. POLICE DEPARTMENT-COMMONNEALTfl*S ATTORNEY: Mr. Samuel A. Garrison, III, Coemonwealth*s Attorney, appeared before Council and read a prepared statement pro- posing that Council appoint a blue-ribbon panel of laymen from various walks of life in the community to serve as either a temporary or a permanent Crime and Crl~i~al Justice Study Commission, that the group should consist of five to fifteen members and should include some individuals experienced in business administration and experienced lawyers (perhaps former prosecutors now doing defense work), that after organizing, the Commission should h~ld public hearings at which private citizens, representatives of civic organizattuns and professional law enforcement personnel wonld he invited to explain Jn detail the workings of the criminal Justice system in the City of Roanoke, their recommendations for improvements and their statme~s as to tho needs of the respective law enforcement agencies, that the Commission then ,rovide u collation and analysis of the data so assembled and draft a report to iouncil containing a realistic and feasible plan foe modernizing tho system which Council could proceed promptly to implement. ~'379 Hr. Lisk moved that the matter be referred to the City A~torney for pre- lration of tAe'pr~per measure Implementing the proposal. The motion was seconded Dr, Taylor end unanimously adopted, PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the R~onohe City School Board, requesting that certain transfers be made within the 1970-71 budget of the Roanoke City School R~ard. to provide funds to enable the school Board'to continue the project Second Step throug.h the remainder of the school year without a reduction in services, advising t~ot the project w~ll continue to be 1~0 per cent federally financed, was before Couecil. Mr. Thomas moved tho ~ Council concur in the request of the Roanoke City School Board end offered the following emergency Ordinance: (aiR4?5) AN ORDINANCE to amend and'reordain certain sections of the 1970-71ApproFriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 3S. page 100.) Mr. Tbo~l~ moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote~ AYES: Messrs. Garland. Llsk, Taylor, Thomas, Trout. Mheeler and Mayor Jabber ...................... NAYS: None ......... O. SPECIAL PERMITS: Council having adopted an Ordinance ~uthorJzing the issuance of a revocable, non-transferable permit to the Church of God to temporarily park and maintain a classroom trailer on their property at 1907 and lgl3 Williauson Road. N. E.. a communication from the Reverend James A. Stephens, Pastor. Church of God. advising that thepermit will expire on January 26. 1971, and requesting tha~ said permit be extended until January 2~, 1972, was before the body. Mr. Trout moved'that the matter be referred to the City Attorney for preparation of the proper measure granting the'request. The motion was seconded by Dr. Taylor and una~imousl! adopted. RABIO-TELEVISION: A communic~tJai from Hr. C. Edward Frazier. advising that he is imterested h getting cable television into his home and requesting that Council take appropriate action on the matter, was before the body. Mr. Thomas moved that the matter be referred to Mr. Vincent S. Wheeler in connection with his study of the question of permitting the construction OF a coumunity antenna television system in the City of Roanoke. The motion was seconded by Mr. Trout and unanimously adopted. SALE OF PROPERTY: A communication from Mr. C. F. £efauver. offering to purchase city-owned property described as Lot S. Block II. Janette Land Company° Official Tax No. 1140511. located on the south side of Jonette Avenue. S. #.. for sum of $750.00. cash. was before Council. Mr. Trout moved that the matter be referred to a committee co,posed of Mess David K. Limbo Chairman, Julian Fo Hfrst, Janes N. Einc~n, and J~.Bobert Tbonls for study, report and recommendation to Council. The motion uaw Seconded by Mr. Wheeler nnd unanimously edopte~. DEPARTMENT OF PUBLIC NELFARB-COMPLAINTS-BUSES: A communication from Mr. Cecil Slmn0aso.conplainin9 of the high most of living in conpairson with bis uelfare allotment and of the increase in rates by the Safety Motor Transit Company, nas before Council. Mr. Thomas moved that the communication be referred to a connfttee compose~ of Messrs. Robert A. Garland, Chairman. Vincent S. Wheeler. J.. Robert Thanes and Julian F. Hlrst for their information. The motion mas seconded by Mr. Trout and unanimously adopted. 5TATS COMPENSATION HOARD-COMMISSIONER OF THE REVENUE: Copy of a communi- cation from the State Compensation Board, addressed to Mr. Jerome B. Howard. Jr., C~nmissioner of the Revenue, advising that the state*s part of claim for printing of four part license application forms, in the total amount of $?69.23, bas been disallowed and pointing out that the state does not share in the cost of such expense, mas before Council. Mr. Trout moved thathe communication be received and filed. The motion was seconded by Mr. Lisk and unanimously adopted. TRAFFIC-~TATE HXGHMA¥S: A communication from Dr. Richard N. Fisher, tendering his resignation as a member of the Roanoke Highway Safety Commission, mas before Council. Dr. Taylor moved that the resignation be accepted with regret. The motion was seconded by Mr. Lisk and unanimously adopted. REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF PUBLIC I;ELFARE: Council having deferred action on a report of the City Manager and the City Auditor in connection #ith additional appropriations needed in three categories in the budget of the Department of Public Welfare pending additional information from the City Manager, the City Manager sub- mitted the following report advising that $02,562.00 will have to be appropriated to General Relief, $90,000.00 to Old Age Assistance and $U50,000.00 to Aid to Dependent Children to provide necessary funds for the reminder of the fiscal year, pointing that ia the former request for funds in the Aid to ~epeodent Children category a margin bad been Included to minimize as much as possible the necessity of having to return to Council later in the fiscal year for more money: *Roanoke, virginia January 16, 1971 Honorable Mayor and CIt~ Council Roanoke. Virginia .881 Gentlemen: rnlio~l~g ~h~ pre'mutation lust wee~ of the r~c~ead~tion of~- · meed of additional Public Assi!taace funQs, the amounts have been verieued in light of the question raised by the City Council. The doll·r value of the recommendation for the Aid to Dependent Children category (ADC) ha· been reduced from $954,665 to $850,000. In the former request · margin had been included to mlnimlue ns much ns possible the necessity of having to return later in the fisc·l year. There is also n possibllty of u recent decision resulthg in the reqirement of retroactive payments in certain cases throwing normal projections out of balance. I ·ti·ch Att·chments 'A' and ,n, ~ich detail the derivation of the SBSQ,O00. This results in the folloming summary: Budget Additional Nam Additional 1970-71 Reouested Total Local Funds G~neral Relief $ 138,6g0 $ D2,562 $ 221,162 $ 30,906 Old Age Assist·nco 803.208 90,000 893,20B 11,799 Aid to Dependent Children 2.36d.93~ ~$O,OOG 3.214.~32 111.43S Totals $3,306,740 $1D22,562 $4,32g,302 $ 154,140 Respectfully submitted, S/ Juli·n F~ Hlrst Julian F. HOrst City Man~ er' Mr. Trout moved th·t Council concur in the report of the City Manager and offered the fo~lowlng emergency Ordinance: (mlg476) AN OR~INA~C~ to amend and reordaln Sec~ on n37, "Public Assis- tance," of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 3~, pa~e 101.) Mr. Trout moved the ~ option of the Ordinance. The motion was seconded by D~. Taylor and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Mheeler end Mayor Robber .................. NAYS: None-----O. Mr. Thomas then moved th·t the report of the City Manager and the report of the City Auditor as presented to Council at its regul·r meeting of Mond·y, J·nu·ry 11, 1971, be received and filed. The motion was seconded by Mr. Llsk and unanimously adopted, BUDGET-PURCHASING AGENT: The City ManaJer submitted · written report recommendin~ that $1,428.00 be appropri·ted to Section all, *Purchasing A~nt,' of th 1970-7! budget, to proyide funds for the exit· help ·ccount in the Purchasing Dcpartmen~ Mr. Trout moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (a19477) AN ORDNANCE to amend n~reordnin Section all, 'Purchaeing Agent** of the 1970-71 Appropriation Ordinance, and providing for an emergency, (For tull text of Ordinance, see Ordinance'Such fo. 35, psge 102.) Mr, Trout moved the adoptton of the Ordinsace. The motion Was seconded by Mr. Wheeler nnd adopted by the folloulng vote: AYES: Messrs. Garland, Link, Taylor, Thomas. Trout, Wheeler and Mayor Webber T flAYS: fume ..... -0. BUDGEY-DEPARTME~'f OF PUBLIC WORKS: The City Manager submitted the followi report recommending that $6,S00.00 be appropriated to Operating Supplies and Material under Section n62. *Snow and Ice Removal** of the lgYO-Tl' budget, to provide fu~ds to cover the cost of chemicals used in connection with snow removal: 'Rom oke, YlrgiaJa January 19, lg?l Honorable Mayor and City Cancil Roanoke, Virginia Gentlemen: Account No. 62-320, Operating Supplies and Materials - Snow and Xce Removal, is overdrawn and in need of supplemental approprla- skovels and brooms, plow blades, reinforcing steel and angle iron to effect plow repairs and ckemicals. The latter item is by far the major source of expenditure from this acconnt. For your lnformation,'the Oepartmentof Public Works has compiled some figures related to thc recent snow fall over the New Year*a weekend. Our crams worked around-the-clock on twelve hour shifts from Thursday morning through Saturday evening. More than 3100 man hours of overtime were expended at a cost of approximately $13,000. The overtime appropriation mas $35,000 so me are still in fair position in that area. Me handled the snow operations completely with our own equipment, so that the $10,000 appropriation for rentals remains untouched. Including consideration for our own equipment used, ns well.as the cost ~r labor and materials, this recent snow cost the City approximately $36,000 or about $4,000 per inch. The current budget appropriation of $20,840 is insufficient for the current year. The ultimate need under this accoant will depend upon the amount of additional Snow. It was, however, necessary to replenish the chemical supplies following the last snow in order to be prepared for the future. It i$ recommended that the City Council by budget ordinance amend- ment provide for ~ne appropriation of $6,500 to this account.to cover the cost of chemicals. Respectfully submitted, S/ Julian F. Hirst Julian F. HJrst City Manager" Or. Taylor moved that Council concur in thc recommendation of the City Manager and offered the following emergency Ordinance: (a19476) AN ORDINANCE to amend and reordain Section ~62, "Snow and Ice lemoval** of the lgYO-?l Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 102.) ~383 Dr. Taylor moved the adoption of the Ordinance. The motion Was seconded by Mr. Mbeeler and,adopted by the following vote: AYES: Messrs. Garland, ~isk, Taylor, Thames, Trout, Wheeler and Mayor Webber ..................... 7.' NAYS: None ....... ABDITORI~M-GOLI~E~M: The Efty Manager submitted the following repprt in connection with establishing locutions within the area where tickets to events at the Roanoke Civic Center may be purchased other than at ~tbe Civic Center Box office, advising that the S. M. fleiroainus Company has made an offer to the city in which they would maintain ticket purchase booths and locations within each of their stores would ~ceive three per cent of all ticket sales made in their stores and recom- mending that Council authorize the preparation of the necessary contractual agreement to put this system into effect: *Roanoke, Virginia January 16, 1971 HonoraMe Mayor and City Council Roanoke, Virginia Gentlemen: In the operation of a facility such as the Civic Center, it is desirable for the convenience of the public and the aid'in promotion of ticket sales, to provide locations within the area where tickets for Civic Center events might b~ bought other than at the box office of the Civic Center itself. It is further desirable that such sales locations be standardized so that tickets for all activities and events be handled through the single or same agency or locations, whether the sales are for a Center-sponsored or a privately-s~onsored program This latter arrangement is advantageous in enabling the sales locations to have continuous availability of tickets for ail events. The Heironimos Compan~ has made a proposal ~o the City that we feel is advantageous, lm summary, they wou~d maintain ticket purchase booths or locations within each of their stores during the contin- uous hours that their stores ore,open. The Company would have the obligation of manning theticket booths or counters. The location of these stores within the Valley provides good accessible accommo- dation for the residents and those interested in purchusing tichets. The proposal is that for this service Heironimus would receive three percent of ail ticket sales made in their starts. An account- ability system would be set up with them, The Company mould provide a bond in the amount of $20,000 to the City for this handling. Information onthis has been furnished to the City Attorney and it is recommended that the Council authorize the preparation of the necessary contxa~tual agreement to put this system into effect. Mith the anticipated opening of the Center, we need to include this arrange- ment and put the tickets on sale at a fairly early date. Respectfully submitted, S/ Julian F. Hirst - Julian F. Hirst City Manager" After a discussion of the matter, Mr. Llsk moved that the report of the City Manager be referred to the Roanoke Civic Center Advisory Commission for study, report and recommendation to Council. The motion was seconded by Mr. Thomas and unanimously adapted. BUDGET-AUDITORIUM-COLISEUM: The City Manager submitted the following report in connection with certain operational equipment for the Roanoke Civic Ce~e~ requesting that additional funds be truns£erred within the items of equipment to p~ovJde extra funds for purchasing a station wagon equipped wl~ air conditioning: *Roanohe, Virginia January ID, 1971 Honorable Mayor and City Council aosnoke~' Virginia 'Ge~tle~en: On'DeCember 29, 1970, the Cit~ took bids in the Purchasing Ageut*s office for,four items of operational equipment for the Civic Center as provided fn the 1970-71 budget. The following la a listing of the Items, the amount appropriated for each in the current budget and the bid prices received. ~Item 1970-71Budo~ LOW Bid Tmo (2) Floor Maintainers $1,000,00 $ 599.90 One (1) *Litter Vac* 350.00 216.75 Sundry Equipment (Ladders) 206.00 181.91 One (1) Station Wagon 3,QO0,O0 3.104.1~ $4,556.00 $4,102.72 Total Under Budget ~ $4,556.00 $4.556.00 As noted the total of the apparent low bids mas $453,28 under the total budgeting, l~ever, the base bid for the station wagon as au individual item was $104,16 over the budget. It would be 'necessary to effect a transferor funds ~r the yebicle and this transfer uould be recommended out of the *Litter-Vac* item. In obtaining prices on the vehicle we requested un alternate offer if the vehicle would be equipped with ulr-conditiQniug. This would require an addit~al '$308.10 makin9 the total cost of the vehicle $3.412.26. The use to mhic~ this vehicle would be put is such that we feel there is considerable merit in having it air-conditioned. In addition to day- to-day routine traffic for the Civic Center, the vehicle would a~O be particularly used to transpoit personages coming to the City such as celebrities, entertainers, sport personalities and executives who would be involved in participating in events at the Civic Center. Many of these would be transported to and from the akp~t or to and from hotels or motels or for other reasons. Air-conditioning on a vehicle is valuable for this type of use for the comfort, 9sod public relations and impression involved upon those people. It is recommended that the appropriate transfers be made out of the aborn first three items listed to provide the additional funds for the vehicle and to make the appropriation of $3,412.26 for the vehicle. Respectfully submitted, S/ Julian'F, Hirst Julian F. Hits* City Manager* Dr. Taylor moved that Council concur in the request of the City Manager. the motion was seconded by Mr. Mheeler and unanimously adop~d. PAY PLAN-CITY EMPLOYEBS~AUDITORIUM-COLISEUM: The City Manager submitted the following report in connection with extra help to be used in the operation of th~ Roanoke Civic Center, transmitting 19 items of extra help and the pay 'scales that *proposed, advising the schedule has been checked with the Pay Plan and found to be satisfactory in matching with regular city positions to the extent that comparison can be made: ~385 'Roanoke, Vlroinla Honorable Mayor and City Council Roanoke, Virginia Gentlemen: ' ' ' In the'operatlo~'of the Civic Center there is a considerable - amount of extra'~lpused. In fact the ma]or portion of employment during normal operation of the Center with erents and activities mould be in the extra help classification. It is Uaderstoodthat it is the policy of the City Council that all rates for personnel employed by the City be approred by the City Council. There is below listed the 19 items of extra help and the scales as are proposed. As ell of this work is part time and irregular, it is felt necessary to guarantee uny of thcse employees a 3 l/2-hour minluum call. This is normal for this type of operation and thc time is approximately the minimum in instances of any event or activity. This schedule has been cross checked with our City pay plan and found to be satisfactory in matchhg mith regular City positions to the extent that comparison can be made. 1. BOX Office C~shiers $2.25 Hourly 2. Senior Canteen Supervisor $2.03 Hourly 3. Canteen Supervisors $1.94 Hourly 4. Canteen Staff $1.60 Hourly 5. Canteen Vendora (Commission) 10% 6. Stage Hands (Agreement) $3.00 Hourly (Currently) T. Casual Labor $2.03 Hourly 0. Head Doorman $2.40 Hourly 9; Head Usher $2.46 Hourly IO. Ticket Takers $1.0S Hourly 11. Door Guards $1~60 Hourly 12. Ushers $1.60 Hourly 13. ~. A. Operators and/or Announcers $2.75 Hourly 14. Scoreboard Operator $2.75 Hourly 15.' Skating Patrol $2.03 Hourly 16. Check Room Attendants $1.60 Hourly 17. Parking Lot Attendants $2.03 Hourly 16. Police (Off-Duty) City Scale 19, Fireman (Off-Duty) City Scale It is recommended that the City Council by appropriate resolution or ordinance confirm these rates. Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" Mr. Trout moved that Council concur in the report of the City Hanager and )fluted the following emergency Ordinance: (alg47g) AN ORDINANCE providin9 a ~stem of pay rates for extra help in the operation of the Roanoke Civic Center; and providing for an emergency. (For fell text.of Ordinance, see Ordinance Hook ~o. 35, page 103.) Mr. Trout moved the adoption of the Ordinance. The motion mas seconded by Mr. Carlaud and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber 7. NAYS: Hone ...... O. ZONING-STATE HIGHWAYS: Council having referred to the City Manager for study, report and recommendation a report of the City Planning Commission in connec- tion mite the request of Dlckerson GMC, Incorporated, that Council take appropriate action to waive the required arterial highway setback line in order to erect an addition to their building on t~ north side near Sale~ Turnpike and Roormau Avenue, N. W,t recommending that the request be approved subject to on agreement to be entel into between the petitioner, the City of Roanoke and the State of Virginia that if either the State of Virginia or the City of Roanoke needs this setback in the future the petitioner will remove the new structure at no cost to either the city or the state, the City Uanager stmmitted the following report advising that it is nor felt npproral could be granted so say construction within the major arterial highway setback line, that it is not felt any mmmitment or anticipated commitment could properly be made to any action in oooflectfon with · possible rerluion In the arterlo~ highway plan at this location and pointing out that on March 23, 19700 Council took wader considerutin and continued a public hearing in connection with the request of Dlckerson GMC, Incorporated, to vacate, discontinue and close a portion of Moorman Avenue. N. M., from 22nd Street to Salem Turnpike, N. M., suggesting that the matter be reopened and reviewed by Dickerson GMC, Incsrporated. and their attorney as per- haps a better way of approaching the situation at tuis time, not only to the accommodation of u building addition but also for a better consolidation of land for Dick rson GMC, Incorporated, and to relieve difficult traffic problems in ~ e immediate area: "Roanoke, Virginia J~nuary 16, 1971 Honorable Mayor and.City Council Roanoke, Virginia The City Council'on December 21, 1970, referred to the under- signed and to the City Planning Commission a request of Mr. James W. Flippin, Attorney, representing Dickerson GMC, Incorporated, that the Council waive the arterial setback line of 25 feet along the south lines of Salem Turnpike and Moorman Avenue, N. M., in order that Dickerson GMC, Incorporated, might construct an addition to Its building. The addition would be 32 feet in width, adjoining tho existing building, and 15 feet 6 inches in depth, perpendicular to the existing building, out to Moorman Avenue. The addition would extend to within 12 inches to 16 inches of the right of way line of Moormao Avenue. Under the arterial highway plan, Salem Turnpike Is designated as an arterial roadway. From 24th Street to Melrose Avenue, the arterial plan does not p£opos~ any improvements to the roadway as it was considered the existing roadway is adequate for the anticipated traffic. However, by virtue of the designation as an arterial 'roadway, 'It i~curs the 25 foot setback as established by the .City'Zoning Ordinance on ail arterial highways. This setback applies to the arterial plan, whether or not recon- struction is contemplated on the roadway. This is not a setback to allow for future construction. If there were additional constr'uction or widening proposed under the arterial plan, there would quite possib~ be additional restrictions applicable. Therefore, a proposal to remove the building h the event of any widening would not be applicable in this situation. It is a matter of a proposal to construct within a building line setback area. It is not felt that approval could be recommended to any con- struction within this setback line. The line has the same legal application as all other building setback lines do and to vary would represent a violation of the setback limits. 387 The petitioners possibility of a'revieioain the~erteriel*plnn~'.~Tkere~hue'been~uud is suck a revision under e0nnldn~utl0i,~.Tbls%boul~hnV~%~keerrec~ 24th Street and likewise d~idTn~ding Ioorlun~A~uu~This particular revision is under a ~tndr arterial plan for the aoanoke~Vnlley.~ Quite p~ssibly, euotker~yeer is involved before ell Hr the'se~mutterscun'be~confiraedas'to recommendation to the Fifth.Planning District and t'o the various local governments in the Valley. It is necessary to questJon~th~t"tbe propound ~on~tr~c~i~n i~di~ tiaa could be made to this building on the basis .or,the.prospective revisions to the'arterial ~ien~'The~aS0n~fot tkh'a~6~thut*tbe-" proposal kan not yet been confirmed and some considerable.process ia still involved*to brin~ it abut, that the:p~HPosed~plan involves' the closing of both Salem Turnpike and #unman Avenue, as ibovementh- ed, and to do this at least u p~hlfc hearing on the-pnrt~o£ the*Clay mould have to be conducted at that time and the closing or Salem Turnpike, as mentioned in th~ prospective plan, would leave three lots on the north side of Salem Turnpike without direct street access. These situatkn~ would have to be resolved by appropriate f~'rnalities at suck tine as the actual closing took place in future years. There- fore, it ia not felt that any commitment or anticipated commitment could properly be made to any action in connection with a possible revision in the arterial plan at this location. Quite possibly, the proposed addition could be constructed ir the arterial plan mere revised later as abovedescribed; but, agnin,'the validity at any action along that line at this time would be questionable. Back on March 23, 1070. the City Council took under consideration and continued a public hearing which mas in response to the request of Dickerson GMC, Incorporated, for the closing and vacation of a portion of Moornan Avenue, N. W., from 22nd Street'to Salem Turnpike. The above possibilities which mere being studied, also then. as to the change in the arterial plan and because of certain complications in working out alternate street accesses for an egress and ingress to the west end of Moorman Avenue. There had been tentatively proposed a north- south connection running from London Avenue to Moorman Avenue to Essex Rm d at its intersection with Salem Turnpike. There had also been suggested a possible widening of 22nd Street between Lomdon Avenue and Moorman Avenue to provide egress and ingress for Woorman Avenue. Some refamiliarlzation with all that took place on that matter at that particular time would be necessary but I mould suggest the possibil- ity that the closing 'matter be reopened and reviewed by Dickerson GMC's Attorney as perhaps a better way of approaching th~ situation at this time, not only to the accommodation of a building addition but also to a better-consolidation of land for Mr. Dlckerson and a relief of diffi- cult traffic problems in the immediate area. The company is expanding and should be given full consideration to enabling good 9romth in the area. Respectfully 'submitted, S! Julian F. Hirst Julian F. Hirer City Manager* Mr. Link moved that Council concur in the report of the City Manager. The notion man seconded by Mr. Wheeler and unanimously adopted. SALE OF PROPERTY-STATE HIGHWAYS-WATER DEPARTMEHT: The City Manager sub- matted the ~olloming report advising that it may become highly desirable to connect the northmest and southwest sections of the City of Boanoke water system by the construction of a 12-inch water main over the Tenth Street Bridge, recommending that the design of the Tenth Street Bridge be suck that there mill be provision for the future pipe and further recommending that Council accept the proposal of Hayes, SeaT, Mattern ~Mattern, Architects and Engineers. to ~ovide detailed construction drawings for the sum of $3,000.00: "Roanohe, Virginia January 18, 197! Honorable Nayor and 'City ~ou~cf~i Roanoke, Virginia At the ~resent time such I line ia not necessary to the extent of Justlficntfoniof the instillation of costa~ however, it is nntl- capered that In tie long-range planning of the City*s, wnter system there will become highly desirable a'connection o£ the northwest and southwest sections of the. Cltyes water system which would be accon- · plashed by the construction of a 12-i~ch water wain over the lOth Street Bridge. Fut6re economies no. id be greatly benefited .by providing for the prospec~ of such a line In the present design and construction · .,~ of the proposed new bridge perlqd of time in this regard with the administrative conclusion that accommodate such a line. Ne would recommend that the design of the bridge be such that there would be provision'for the future pipe. The bridge is geing designed for the State Highway Department by Hayes, Sway, Hattern and Hattern, Roanoke: The firm has proposed their serYices for all design and all revi- sions in the detailed construction drawings for the sum of $3,000. This work should not delay the schedule of the bridge. It is recommended that City Council, by such action as would be appropriate, mthorize the acceptance of the proposal of Hayes, Seay. Hattern and Mattern. Prior to returning to the Couecil with confPm.with the firm the fee charge in the possibility that it may or should be reduced. Respectful}/ submitted, S/ Julian F. Hirst Julian F. Hirst City Manager# After a discussion of the matter, Mr. Thomas moved that the report be referred back to the City Manager for the purpose of further negotiating with Hayes, Sway, Hattern ~ Hattern, Architects and Engineers, in connect'~ with their fee for the ~tailed ~onstruction drawings and report back to Council. lhe motion was seconde by Mr. Garland and unanimously adopted. MATER DEPARTMENT: The City Manager submitted the following report in con- nection with a contract entered into between the City of Roa~ke and Sydnor Hydrodynamics, Incorporated, for the furnishing of the pump motor and related equip- ment for the Bo{lei Hills Booster Pumping Station, adrisi~ that a request has been made for a'time exte~ston'of 40 calendar days beyond the 249 calendar days provided for in the contract and recommending that the request be granted: *Roanoke, Virginia · . January 18, 1971 Honorable Mayor aaa City Council Roanoke, Virginia · Gentlemen: ! ~he City entered into a contract with Sydnor Hydrodynamics, Incorporated, Richmond, Virginia, for t~ furnishing of the pump motor and related equipment for the Huxley Hills Booster Pumping Station. This contract of $40,330 mas designated as Contract 'H'. Contract mas later entered Into with Brock and Davis Company, Haynesboro, ,9'89 Virginia, for~the ge·e~al co!sir·orion of the pumpl·§'statlBa. Tke construction of the total,facility l·volved m inter'dependency betneeu Ukase two coetracts ia-as much us there were design factors thet kid 16 be rBieted 6he-to tke other to assure th·t the station uesrce·structed ia accordnce'wlth the desig· or the pumping equip·eat ·ad further to assure that'the pumping equipment ~ns designed, l· certal· respects, consistent with the co·truutor~s schedule md plugs, This letter concer·s · request tor· time extension usder Co~lract eNe ul{h $~dnor Hydrodynamics, The request is for 4O calendar d~yspsst the 249 calendar duysprorided la t~e contract. la ·cnordsace with Co·tract *Ne. $~dnor fl~drodyu·micst Incorporated, lu owed' the ·monet of 60 percent of the contract price ($32°264)° The time limits bl the contract, expired on October 16, 1970. From October lB to December ~, 1970. uus $2 calendar dsjs. Dader these conditions the contract charges of $25 per day uoald ~m~uat to $1tOJO. The contractor re,nested · tine extension or 40 da~s. If grunted, the coetrsct charges mould be 12 d~s at $25 per dn~ or $300. The cUr- l. Contract tN*. equipment, mss granted end Murk ordered to begin effective e· February 11. 1970. ordered to begin on June 22, 1970. This ·as after advertis- ing · second time. 3. On April 17, 1970. ue received shop drautaos on the pump and uss informed that the date on the motor and controls would be forthcoming. 4. On Ray22, 1~?0 Allen-flradle~ Company, who are furnishing the controls through S~dnor D~drodynamJcs, requested information from Alvord. Burdich ~ Do~son ~ to the low bidder. Alvord, Burdlc~ and Hanson replied ca Ma~2&, 1970, suggesting Allen-Bradley Company ~tain the information from us through S~dnor B~drodlnamics. ~. On Hay 28. 1970o Allen-Bradlel Company submitted their request to Sydnor B~drodynamics for that information. ~e informed Sydnor Uydrodynamics by telephone that the Iow bidder was Brock and Davis Company and their supplier for the instrumentation was ACCO - Bristol Division. City Council had accepted Brock C Davis Company*s o£fer, by Ordinance dated Bay 11, 1970, for the construction o! the pumping station. 6. On June 1. 1970, Allen-Bradley Company wrote Bristol requesting information. 7. On July 13, 1970, S~dn~ Uydrodynamics wrote us with information On delivery o~ tee equipment, also stating that the~ are still trying to get lnforuation on the motor control units. Sydnor Hydrodynamics did rush up the order for the suction pots to get them on the Job site ahead of the other equipment in order to make them available to Brock and Davis. Otherwise the con- struction of the pumping station would have been stalled until their delivery. ~. On August 5, 1970, we received the shop drawings and specifi- cations from Brock and Davis for the instrumentation. Ne sent copies of these to Alvord, Burdick and ~owson on August 13, 1970. Alvord, Durdick and Howson immediately relayed certain information to Allen-Bradley. 9. By letter dated August lbo 1970. Allen-Bradley Company trans- mitted their data to Syndor Hydrodynamics who. in turn, transmitted the data to Alvord, 8urdtck ~ Bowson on the same date. 10. Alvord, Burdick g Howson checked the data on.the motor controls and returned them such that Allen-Bradley Company received them on August 24. 1970. 11. The shop drawing on Brlstol's instrumentation was returned to Brock and Davis Company, Inc.. on August 24, 1970, as being approved with minor exceptions. 12. We notified Sydnor Hydrodynamics, by letter dated October 27, 1970, that their time limit had expired on October 18. 1970. 13. On Hovember 6, 1970. Allen-Bradley'Coupa~y notified Sydnur Bydrodynaulcs of the status of the controls. The shipment of the controls wac made December 9. 1970. Most-or the above data is substantially backed up b7 various docu- From the tine Allen-Bradley Coupany attempted to obtain iniormatica iron the Oty on May 22, 19?O,-through the consulting engineers, until that inforuntion was received un or immediately after August 13. 1970, there nas n tine lapse of 83 calendar days. Sydnor Bydrodynsnlcs requested an extension of 40 calendar days uhicb request nas dated Hovenber 10, 19YO. Our thinking on this matter has been.thut'the delay nas caused by the Interdependence of the two contracts nad In no eyemt nas Sydnor Hydrodynamics nor their supplier~ Allen-Hradley Company, to blame. The Cay could not furnish the Information as requested because oi the tine required to maid the contract to the agents roi the general construction. Brock and Davis Company. Incorporated. and the development and presen- tation by the City or .ertnin design, criteria which nas needed in the design of the motor ~ontrol by Sydnor Hydrodynamics. Other lactors relating to delivery are such that we do not feel ne are merited in recomuending an extension beyond the 40 calendar days. It is recommended that the City' Council by appropriate instru- ment authorize the amendment of the contract accordingly. Respectfully submitted, $/ Julian F. Hlrst Julian F, Rlrst City Manager* After a discussion of the matter, Mr. Thomas moved that Council concur in the recommendation of the City Manager and offered the follonin9 Resoiutlon: (~194H0) A RESOLUTION nuthoriz'tng the issuance of a Change Order to the Cfty*$ Contract 'H' wit~ Syduor Bdrodynamtc$, Incorporated, dated January 2b, 1970, for furnishing a certain new electric-powered booster pump for the CJty*s Boxley Hills Pumping Station, so as to extend fur a period of forty (40) additional cnlendal days the contract time for performauce o£ the contract by said supplier. (For full text of Resolution, see Resolution Rook Ho. 35, page 103.) Mr. Thomas move~ the adoption of the Resolution. The ~otion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Link, Taylor, Thomas, Trout, Wheeler and Mayor Mebber ...................... 7. HAYS: Hone *0. BUDGET-PAY PLAN-CITY EMPLOYEES: The City Manager submitted the follswing report in connection with the Pay Plan, requesting that he be allowed to make certai adjustments in connection with the salaries of the Assistant Chief of the Fire Department, the City Registrar and a clerical positi, on at the Juvenile Home: "Roanoke, Virginia January 18, 1971 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: Last spring, In the mor~ on the. 1970-71 budget, the City Cancil salary committee in meeting nith the City Auditor and the City Manager, directed the Manager that all increases in salary for the 1970-71 fiscal year, iucladJng promotions, reclassifications, reassignments, etc., would in no ca!e be more than $ percent, This p~sition.wss concurred in by the City'Councll in the adoption of ~he'lg?0-?l'budget./~i At.th~ time, !relt. t~ot~thore ~o~ld'perba~s~'~s'0~e ~robloms connected with this and snub hove since occurred thatl~feel uerit returning to the Council'snd inviting-your reconsideration'of the limitation. · ~ ' - - There are not I greatnumher.of instances where this presents · difficulty but the:fen thst do oc~Mr, offer, a. prol~m In'being able to fairly resolve them. Ray I cite three specirlo ~ases.~ Ye recently promoted · Captain'ln-th~ Fire Department to an Assistant Chief. As Csptaln he hod lumediate supervision over seven men. As Assistant Chief he has supervision over 86 men plus at times when on duty dir~ction'of the entire'departeent.-In'his promotion dropped him bach from Step 6 to Step'3.' His dollar increase was $40. As · side issue in moving'from Captain to Assistant Chief it carries au estiuated personal cost. to him of tram $200 to $225. Also, by virtue bf the drop back in steps,' his salary became the sane staff grocer, both of mhich positions he would supervise. The matter of the City Registrar's salary has been from time to time mentioned this year wfth'CltyCo~ncll. This position was upgraded in the budget from Range 17 to Range 19. The. upgrading was Justified because of the increased responsibilities and work of that office necessi- tated by hem Federal and State regulations applicable to votln9 aud also by virtue of the increased volume of activity that has moved into that office within the past year OF SO* Homever, in the upgrading, Jn order to adhere to the $ percent, the steps were waved back with the result that the occupant of this position got aiy the sane $ percent increase as applied to all other City employees. The clerical position In the Juvenile Home was upgraded in ranges because of tnb opinion, us concurred in by the Personnel Board, that the responsibilities of this office.carried an additional level in viewing the total City clerical positions. A similar situation as the othrs above occurred in moving this position up by_ranges it was a~o dropped back in steps. In the movement the S percent was applied to the posi- tion with the result that although the position was upgraded the e~oyee received no additional compensation over other City employees. However · further tblng developed In this case Jn that th~ employee would have had a merit increase coming during the current fiscal year. A promotion cancels out an anniversary date and the enplolee loses the. merit increase- inasmuch as the date or anniversary then moves to the date of commence- ment of the fiscal year. Thus this particular employee ~ould have received the general ~ percent as of the flrst of July, applying to all employees, and then later in the yeaF~' tf merit was borne out, would have received another ~perc~nt to nave up In step. Howevur by virtue o~ holding to the ~erall 5 percent policy and losing the anniversary date, the employee will bare Feceived only the slngle ~ percent during the current year. The end result is that this emplolee is losing 5 percent wage increase for a portion of the current fiscal year and would have been, financially, in ~ better position to have not been advanced in the position. The personnel rules generally stipulate that on a promotion, an employee ~111 get 'at least a one step J~ease.' The rules then state that if there is Justification the Homager may provide for an increase beyond the one step. These rules give so~e freedom in balancing out situates and fairly applying that w~ich should be done with the individual employees. I would feel that we have handled those instances ~n the past with discretion and do not know of any difficulties that have not been reasonably resolved. I would recommend to Council that we return to the proceduFe as provided in the rules and for these spe~ic instances that are before us that ue be allowed to make the appropriate adjustments for these Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" Hr..Trout moved that Council concur in the report of the City Manager and t]mt the mater be referred to the City A~torney for preparation of the proper neas~re~ The motion uns seconded by Mr. Thomas and adopted, Mayor ~ebber voting no. SALE OF PRO?ERT¥-ZOSI~G~S'~ATE DIGHMA¥S-IHDUsTRiES: The City Manager submitted the following report in connection with the proposed Industrial Access Road to serve the Mache Co'puny and adjoining properties, recommending that Cancil authorize n £esolutfon approving the ~roJect h nccordance with the plans as submitted thnt~Coancil authorize u Resolution approving the project in accordance with the plan as submitted, that Council authorize the preparation of a Resolution expressing the wish of the City of R~anoke that the Department of Dlghwnys acquire the necessary right~ of way and that the city reimburse the Oepartment os Highways for the cost of the Fights of way and easements and for llE/F services in this behalf: ~Soanohe. Virginia Janmry 18, 1971 Honorable M~or and City Council Roanoke, Virginia Gentlemen: Plans ar~ now in.hand for the Industrial Access Road to serve the Macke Company and adjoining properties. It is planned to show this plan to the Git7 Council. At a following nearing, it would be necessary, i~ the Council is acc'epteble to the~oJect, that the Cit~ Council b7 resolution indicate tis concurrenc~ in the plan~ In brie~ summary the road Is ~bout 2400 feet ~n length. It Js proposed to acquire the full 80 foot of right of way as will ultin~ly be needed, particularly for that section which Is an overlay over the proposed thoroughfare plan for Route Il6. The exception to the 80 foot right of nay is a slight restriction that ts being made in the width at the northeast corner or the new road intersection with Tenth Street to minimize the acquisition or an existing duelling-wherein full ~ustification or acquiring this duelling perhaps would not come until later. The roadway intersects with the north line of Tenth Street and then with Rockland at the southwest corner of the property that the City conveled to the ~acke Company. Included la the project will be a channel change on Lick Run adjoining a portJo~ Of the roadway. The pavement Is planned at 30 feet in width. The State.will participate for 24 foot of the width wJtb the City baying to provide the cost for the additional 6 ~eet. It was vapor%ed to the City Council on October 27, 1969,.tht the Department al High.als had approved an allocation of $12~,000. Con- struction costs in August~or 1~69. were estimated at $114,000 rot t~e 30-foot wide pavement and exclusive o~ right of way. The City has available $125,000 for the project as to its own funds.. · e cannot give an estimate on right of.wa7 costs until detailed appraisals are node. The reason for the withholding in this f~ as follows. There is a possibility that the S~ate High~ay~Department would serve to acquire this ~ht of way. In doing so, the City would agree to reimburse the department for their personnel tine Jn appraisal and acquisition. We feel that ir the department would agree to do this that this would be the most acceptable procedure considering all of the circumstances o~ this particular road. It would be restated that we do not hare positive con;irmatJon on this but feel that our encouragement to the departuent would be of aid. It, therefore, Is recommeded: 1. T~ the Council authorize a resolution approving the pFo~ect in accordance =fib the plans as will be submitted. 2. That the Council authorize the preparation of a resolution expressing the ~lsh of the City rant the Department of Highways acquire right of way and that the City reimburse the department for the cost of the right oi uny and easements and for the services of the department in this behalf. 393 = One suppleaentul note should be wade end'th t is tklt in the early stages of the acquisition by the Macke Company of tai's property ann the great emonnt of'discussions and negotJatJoea that took place, the City was given the assurance by representatives or the Watts family that the necessary rights of way within the properties of the really - would be conveyed to the City at no cost. Respectfully submitted, S/ Julian F. Hlrst Julian F. Hirst City Managerw In a discussion of the matter, the (~y Hanager requested that he be author- ized to withdraw that portion of his report in connection with acquisition of the necessary rights of way by the Virginia Oepartment of Highways. Mr. Llsk moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Trout and unanimously adopted. Mr. Ltsk then moved that Council concur In the remaining portion or the report of the City Manager and that the matter be referred to the City Attorney for pre~ratioe of the proper measure. The motion was seconded by Mr. Trout and unanimous- ly adopted. In this connection, a communicatim from Mr. Jack C. Smith, Chairman of the Industrial Development Authority of the City of Roanoke. respectfully requestin9 that the City Auditor be authorized, upon request of the Industrial Development Authority, to at~flt such records o f the Authority together with records of related financial transactions as are furnished by the Authority, for the purpose of meeting thc requirements of Section 15.1-i377. of the Code o~ Virginia, sas before Council. Mr. Trout moved that Council concur Iff the request or the industrial Development Authority of the City of Roanoke and offered the following Resolution: (~19491) A RESOLUTION relating to the Industrial Development Authority of the City or Roanoke. (For full text of Resolution, see Resolution Rook Ho. 35, page 105.) Mr. Trout moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES:. Messrs. Garland. Lash. Taylor, Thomas. Trout, Wheeler and Mayor Webber 7 NAYS: Hone ..... O. MUNICIPAL BUILDING: The City Manager submitted the following report in connection with the communications center to be located on the first floor of the Municipal Building Annex, advising that it is anticipated budgeting revisions will have to be made to accommodate certain changes and additions in personnel to handle the dispatching and that he may possibly have to return to Council in connection wit] relocating or improving the fire alarm system: 'Roanoke, ¥lrglaJu January 18, 1971 Honorable Mayor end City Council Roanoke, Virginia Gentlemen: This ia to advise that we are currently proceeding to go out for bids res the equipment (o go ante the communications center on the first floor of tars building. This is uti of the radio, console equipment and related facilities, Two items occur in regard to this. Zt in hope~, 1~. acbedole proceeds satisfactorily, that bids cae be received and we mo~d be in a ~sition to make this installation possible to be inaugurated about Jniy I of this Tear. In preparing the budget for the current fiscal year, 1970-?1, we had anticipated certain operational needs that mould be related to this facility. However, in the course of final adopti'on of the budget these items One item ' , t ~* additions in personnel dealt with certain changes and to handle the dispatching. It is anticipated that we would need about"a two*months training period In order to bream In new personnel. This means that if equipment become'a opernttmul July I that we need to tahe th~se pernonnel on about the first of May. It is anticipated that wp Will,be coming.back.to Council with a proposal in this regard, if the bidding goes satisfactorily, and for appropriate budgeting revisions. The second item deals with the relocation.and/or improving the fire alarm system. Me would very much mant to avoid going in- to this new and well-equipped communications center and having to transfer the existing old fire alarm eqoipment out of the present control center both because of its age, the appearance of the equipment in a new center, and the necessityof attempting to place, console equipment. It is anticipated that me would again try before Council to see if funds would'be available in this regard. It is anticipated that the total cost of doing this including certain grading feature? for ~he City*s fire alarm system would amount to $25,000. Our proposal in starting mith the budget last year had been $10,000 for the first year. Th~ type of plan is still felt to be the best approach and we quite possibly will return to Council on this. Respectfully submitted, $/ Julian ~. ~irst Julian F. Hlrst City Manager* Mr. List moved that Council concur in the report of ~e City Manager. The mot iai was seconded by Mr. Trout and unanimousl~ adopted. TRAFFIC-SCHOOLS-STATE HIGH#AVa: The City Manager submitted the following rel~rt transmitting additional information including cost estimates for plans and improvements to Hershberger Road, N. M., advising that the plans are neither the best nor the ultimate in the treatment of Hershberger Road but that it is best acknowledging that the ultimate is not being accomplished: "Roanoke~ Virginia January IH, 1971 Honorable Mayor and City Council Roanoke, Gentlemen: A short time ago me exhibited to the City Council the plans for improvements to Horshberger Road, from Milliamson Road west, as had been submitted to the City by the Virginia Department of Highways. ~e now have some additional information including cost 395 estimates end ~etnri'the)~atter to"the-C~u~ll for ~our ! wJ]] mot go into e:dnserlptJon or'aha'proJect' aid it is believed that the C~enell%*is~genernlly fawilia~'~ltk-the nature of tho depart~eUt*s propos·l;~ It is. acknowledged' by who have bees-Involved'in this that tie pl*e Is neither the~'be~t nor the ultimate in the treatment of Hevsbberger Road. It is best aummsrixed ns gelng an~atteupt'to;ms~e''some improvements to · bed situation,' nchm~wledgfbg.~hat the nltfiate fA nat being plished., The Highway Depsvtwen~ has indicated to as that they da not bare funds for'the 'cobplete reconstruction of Hershberger Hoed neither along the existing roedney nor ns · relo~stiou pro- Ject. The.~urrent effort was anita·ted because or the availability of IO-ClIIMTOPICS funds' ar the feder·l government, which ·re available to*the State and in need of opportunities of expenditure. On TOPICS projects the monies come SO percent feder·l, 35 percent state and IS percent local, It is to be remembered th·t Hevshberger Rood is almost entirely in Roanoke County end if the full scale project were undertaken of reconstruction, es the county does not put up any money for its road directly, the St·to Highway Department would have to.same nearly lO0 percent os the tot·l cost. It la belleved that for this reason primarily the department has turned to the TOPICS me~y. It is believed that If the Highway Department were to st·vt now that it would take approximately ~lve ye·rs to get a major project started on Hershberger. Zn connection with the Roanoke County relationship in this road- way, I would invite your attention to the ·ranched copy of the letter that I have written to the Ch·irman of the Hoard of Supervisors. A suggestion has bees made as to having a traffic signal immediately ~stalled at the Ferncliff intersection. Our opinion at this time is that if the project is authorized ue would ende·vor to gas the traffic light last·lied at the rerncliff intersection as early Jn the project as possible. To install ·light traffic s l~al at this intersection-without the benefit of the proposed road lmprovemeuts presents somethinJ of · h·zard. There is a sight clearance problem On traffic approaching from the east with the . potential of rear-end collisions and limited opportunity for motorists to see crossing traffic. Inthe project now under consideration there is proposed a left-turn lane which will ~ire some improvement to this situation and it mould be ho ~d that the construction of the lane and the widening of the pavement could coincide with the installation of a tFn£fic signal. A further suggestion has been a traffic signal at the intersec- tion of Grandvlew. Avenue with Hershberger. Auy Signal installation au the roadway would, of course, be within the County and would require Department of Highway approval. They do not favor a light at the Grandview intersection at this time because of lnsuffic~nt traffic counts of Grandvteu intersecting movement. They recommen~ th·t there he.narration of the turn lau~s that ate proposed in this project With the possibility of later consideration of a signal. The department has advised of the following breakdown of costs on behalf of the City of Roanoke. ~Jgbt-o~-way-lS~ o~ the appraised Falue o~ ~2~,731 for required rig~t-of-wa~ located ~lthin the CitT's corporate limits-S3,260, 'The preliminar~ engineering and construction costs-15~ 22.5~ (the percentag~ of improvements located ~ithJn t~e CitT's corporate limits) of ~170,00 (the estf~ated cost of the improvements within the corporate limits) - Estimated total cost to Cit7-~8.990. It is of incidental interest that the above Cit7 'cost Is about equal to what the estimated cost wo~ld be to the Cit7 l~ the Cit were to mak~ installation alone of the traffic signals at and This ts submitted for guidance as to the Cit~ Council's ~ishes budget applicable to this pro~ect. If the Cit~ Council ~ished to pro- ceed ~ith the pro~ect insofar as the Cit~ is concerned, there 1. An appropriation of the nbuvea~ount of $Ho998t 2, A resolutionuMch would request the Virginia Highway Depart- ment to~nCquire'~ell'~eC~ssary right of waY'within the City's corporate limits, uitn the City to reimburse the State for 15 percent gl all costs incurred in the ncqulsition~ 3. A secon~ resolution which would approve the proJent as it presented at the pbblic hearing on November 24, 1970. Respectfully aobmitted, S! Julian F. Hlrst Julian F. Nirst City #anuger' Mr. Thomas moved that Council concur In the report of the City Manager and offered the fsi blur Resolution approving the location and design 6f certain improvements to Hershberger Road: (u194H2) A RESOLUTION approvin9 the locution and design of certain improv meats to Route 101 {Hershberger Road), from Route 117 to Route 11, proposed as State Highway Project 0101-128-101, PE-IOI, RW-201, C-501. (For full tex~ of Resolution, see Resolution Book No. 35, page 105.) Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the folloming vote: AYES: Messrs. Garland, Lisko Taylor. Thomas, Trout. Mheeler and Mayor Webber ...................... NAYS: None ......... O. Dr. Taylor offered the folloming Resolution requesting that the State Highway Department acquire the necessary rights of way for the Hershberger Road improvements: (n19483) A RESOLUTION requesting the State Highway Commissioner to acquire the necessary rignts-of-way for Project O101-128-101, PE-IC~ being Route 101 (Hershberger Road), from the intersection of Route 117 to Route Il, within the corporate limits of the City; and guaranteeing to reimburse the State Highway Department for fifteen per cent (IS~) of all costs incurred in such acquisition. (For full text o f Resolution, see Resolution Hook No. 35, page Dr. Taylor moved the adoption of the Resolution. The notion was seconded by Mr. lheeler and adopted by the follo~g vote: AYES: Messrs. Garland, Link, Taylor, Thomas, Trout, #heeler and Mayor Mebber ......................... NAYS: None ...........O. Mr. Thomas offered the following emergency Ordinance appropriating $H,998.00 to Hershberger Road ~mprovements under Section m89, "Transfers to Capital Improvement Fund," of the 1970-71 budget, to provide needed funds for the project: (n19484) AN ORDINANCE to amend and reordain Section ~89, "Transfers to Capital Improvement Fund," of the 1970-71 Appropriation Ordinance, and provic~g for an emergency. ~Por full text of Ordinance, see Hrdinance Honk No. ~S, pure IHT.) 397 Hr. Thomas moved the adoption of the Ordlnnnce. The motion unn seconded by Mr. Trout and ec~ted'by the following vote: · ..AYES:#eanr~. Gnrlnnd~ Link* Taylor, Thom~, Trout, Hbeeler nnd Mayor lebber 7 NAYS: Nom--~- ........ O. In this connection, Ur. ~ax A. Herman, representing the ~illiem iuffner Junior High School Parent-Teacher Association~ and the Mllliam Fleming High School Parent-Teacher Associntia~ appeared before the body end requested that a traffic light he immediately installed at the intersection of £erncliff Avenue and flersh- berger goad, N. W. Mith further reference to the mst.r, Mr. Lisk expressed the opinion that he would like for the City of Soanohe to urge the Virginia Department of Highways to install a traffic signal at the intersection ~ Grnndview Avenue and Hershberger Road. N. M. MUNICIPAL BUILDING-CAPITAL~IHPROVHMEHTS PROGRAM: The City Manager submit- ted the folloming repQrt in connection with an agreement proposed to be entered into between the Ci~ of Roanoke and Sowers, Rodes and HhJtescarve~, Consulting Engineers, for providing mechanical and electrical design services for the former Reid and Cutshal Huilding, in the amount of $2,000.00: *Roanoke, Virginia January 18, 1971 Honorable Mayor and City 'uncil Roanoke, Virgins Gentlemen: In developing the use of the former Reid ~ Cutshall Huilding on Third Street, S. J., the major mock involved, either in full Or partial adaptatJai of t~ building are the electrical and mechanical systems. It is a matter of conversion from systems which are limited in capacity and building coverage but adequate for n retail furniture store to systems for office and full time concentrated occupancy. Anticipating current needs and available funds, our judgment that the older ~ection of the building (the southern portion) should be bangled at this.time. There would be some extension into the The mechanical and electrical design is specialized beyond our time and capability. He have reviewed this with Somers, Hmbs and rhitescarver, Consulting Engineers, Roanohe. The result is their attached proposal. Architectural services are brought in as the need has become apparent for a close relationship of certain of such services to the mechanical and electrical design~ Me muld recommend authorization to accept this proposal with appropriate agreement being prepared. Particular note is made of the unit of preliminary sketches end design and estimates at $2,00~ That step is essential at this ~oint and there would be no further obligation if nothing else were done. This would give us needed information almost irrespective of the particular occupancy of the building. City Council may wish to hold this matter pending the meeting scheduled this date on the courthouse building. However, the study and information proposed mould materially help in evaluating this building and its use. . Respectfully submitted, S/ Julian F. Hirst Julian F. Hlrst City Manager" Mr. Thomas moved that the report be tohenunder consideration. The motion mas seconded by Mr. Llsh and unanimously adopted. BRIDGES-PARKS AND PLAYGROUNDS: The'City Mannger submitted t nrltten repor in connection utth a new bridge for the Jefferson Street cmssing over the Roanoke River, advising that he Is in receipt of~eliminary recommendations iron the Virginia Department of Hlghuays, that he would like tn reviem the matter further mltl the Bighuay Department before discussing the matter with Council and advising that the estimate for ~e project by the Vlrginh Department of Hlghmays is approximately $1,500,000.00, with the cost of the City of Roanoke being fifteen per cent under the TOPICS program. . Mr. Wheeler moved that the report be received and filed. The motion was seconded by Mr. Llsk and unanimously adopted. PAY PLAN-CITY EMPLOYEES: The City Manager submitted a mritten report transnitt~n.9 u communication from Mr. R. E. Myers, representative, Laborers' International Un~n of North America, American Federation of Labor-Congress of Industrial Organizations, advising of the intent of the labor union to exercise the authorization given by Council for the use cf city property for the holding of a certain election. Mr. Nheelor noved that the report be received and filed. The motion mas seconded by Mr. Lisk and unanimously adopted. PLANNING-JAIL-POLICE DEPARTNENT-MUNXCIPAL BUILDINg-CAPITAL IMPROVEMENTS PROGRAM: The City ManuRer submitted a mritten report in connection with the study a regional,jail facility, advising that insofar as the immediate sitnatioo is involve* the Fifth Planning District Commission mill require approximately four to six months before their first phase of the study mill be available. Mr. Tho~ moved that~e report be received and filed. The notion mas seconded by Dr. Taylor and unanimously adopted. , STATE HXGNNAYS: The City Manager submitted a written report pointing oat that h~ has been advised by the State Highway D~partment that they have scheduled a location and design public hearing for the proposed Southwest Expressway section fro Elm Avenueto rrm klan Road, $. M., to be held February 16, 1971, at B p.m., in the National Guard Armory. Mr. Lisk moved that the report be received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. AUDITS: The City Auditor submitted a financial report of the City of Roanoke for the month of December, i970. Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Wheeler and unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted a written report on an exami- nation of the records of t~ Stonewall Jackson Junior Nigh School for the school year ended June 30, 1970, advising that the records were in order and the Statement of 399 Recipts and Disbursements reflects recorded transactions for the period and the financial condition of the fund at the end of the audit period. Dr. Taylor moved that the report be received and filed. The notion Was seconded by Hr. Wheeler and unanimously adopted. REPORTS OF COMMITTEES: HOUSING-SLUM CLEARANCE-GARBAGE REMOVAL: Council having referred to u committee composed of Messrs. Oavid ~, LJsk and Julian F. Hiram for review and report a communication from Mr. James O. Trout suggesting that the City of Roanoke sell the incinerator property and allow it to return to the tax roll of the city and be available for development by the private sector or business community and recemmendin4 · st the proposed transfer station be located on property now owned by the city. which is used as the garage facility, the committee submitted the following report recommending that Council nu~orize the City Attorney to prepare the proper measure mhich would signi£y to the City of Koanoke Hedevel~pmeut and Housing Authority the millinguess of the City of Roanoke to convey the incinerator property to them if terms and conditions satisfactory to both parties are net and that the adoption of such a measure he ~l~ the understanding of the willingness of Council to situate a transfer station at another location as would be agreed upon: · Roanoke, Virginia January 16, 1971 Honorable Mayor and City Council Roanoke Virginia The City Council on November 23, 1970, received and referred to the undersigned refuse committee a recommendation .of consideration of conveying the incinerator building to the Roanoke Redevelopment and Housing Authority, thereby discontinuing.its possibility usu transfer station building, and planning to locate the transfer station at some other point.. It is the opinion .of the committee that the Authority shuu~ be advised that the City would be willing to convey ~ proper valuation the incinerator to the Authority. There are.two primary reasons for this opinion. 1. The difficult and costly problem are apparent, from all studies that hove been undertaken up to this time, in attempting to convert the incinerator building to a transfer station. For what appears to be identical cost a new station can be constructed, better designed and with much lamer potentialmaintenance cost than converting the existing building. In other words it is not foreseen that the City would accrue any marinas by attempting to put such an operation as a transfer station into the incinerator building. 2. The retention of the incinerator and the ~ill on {bach it is situated wcdd leave an area incompatible in appearance and usefulness to the total redevelopment of the Kimball project. In the orlginallayout for the Kimball redevelopment, the Authority and the Federal planners eliminated Shenandoah Avenue. ItrhaS since been concluded, and your committee feels properly so, that Shenandoah Avenue should be route for employees and others to a Norfolk and Mestern shop area. The Authority now proposes to have the plans revised to leave Shenandoah Avenue in and to improve it as a part of the project. This arrangement would be much benefited if the incinerator and the hillside could be removed and blended in with the rest of the total project. A definlte.con~lusinn hi~ iGt been mode by th~ C~nmi~te6 for r~coamendotion~!to'thc City COuncJi o~ tS~spe~ifl~!~ltSriot~ Sites for o*trnnafer!ototion~ff nnd when One Is con~t~ucted~! Ther· ore,. however..'nlternnte'sit~s*posSlble~ Tus*he~e*n~eadY.been mentioned before tbe City Council, one being the present City GOroge area on East Compbell Avenue and the other being on eosternmost portion of the Kimboll redevelopment project where better terroin prevails,. Your committee recommends thor the City Council outhorize the City Attorney to prepare the oppropriote resolution which Would signify to the Bedevelopnent and Housing Authority the willingness of the City ~ convey the incinerator property if terms and conditions sotisfactory to both parties ore acceptable. The adoption of such a resolution should be with the understanding of the willingness of the City Council to situate n transfer station at another location as would be agreed upon. Eespectfully submitted, S/ ~avid K. LISk David K. Llsk S/ Julian F. Hlrst Jnlia~ F. Hirst# Mr. Lisk 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. Trout and unanimously adopted. SALE OF PROPERYY-~TATE HIGHWAYS: Council having re~erred to a committee composed of Messrs. David g. Lisk, Chairman, Julian F. Rlrst, James H. Kincanon and J. Robert Thomas for study, report and recomoendation a report of tho City Manager recommending that Council authorize the conveyance of a triangular parcel of laud Department of Highways, needed in connection with the right of way for the Southnest Expressway, the committee submitted the following report recommendto9 that the offer be accepted andthat the deed of conveyance contain the conditions that the north line of this triangular parcel of land be confirmed ~as a limited access line, theret being an extension of ~e adjoining limited access and'that the Department of Highways construct a barrier fencea~ong this line: · Roanoke, Virginia January 18, 19T1 TO the City Council Roanoke, Virginia Gentlemen: .'~' The City Council on December 14, 1970, referred to the Real Estate Committee a proposal of the Virginia Department of Highways toacquire~ snail plot owned by the City within th~ southwest corner oft. lie intersection of Elm Avenue and Fotrth Street, S. E., which plot is residue Of land acquisition for the E1m Avenue project. The parcel is 44 feet by 23 feet, triangular, with on approximate area o~ 506 square feet. The Department odvises of the willingness Of adjacent property onners to donate certain properties to the State for~the~Southmest Expressway if the State can convey to them this triangle. The Department has made an offer of ~4g for this residue. There is attached mite this report a map of the property. 401 S/ David K, Lisk David K, Lisk S/ J. Robert Thomas J. Robert Thomas Your Meal Estate Committee Bet Om this matter on January Il, 1971o and recommends to the City Council the acceptance.of the offer and the conveyance of the property to the Commonuealth of Virginia. The Committee further recommends that the deed or conveyance contain the conditions that the north line of this triangle be confirmed as s limited access line, thereby being an extension of the adjoining limited access and that the Department of Rlghmays construct a bsrrier fence along this line. Respectfully submitted, S/ Janes N. Eincanon Janes N. Kincanon S/ Julian F. Nirst Julian F. Hirst" Mr. Lisk moved that CoUncil concur in ~e recommendation of the committee md that the matter be referred to the City Attorney for preparation of the proper measure. The motion mas seconded by Mr. Garland and unanimously adopted. ZONING: A communication from Mrs. Ruth C. Armstrong, Secretary, l~ard of Zoning Appeals, transmitting the annual report of the Board of Zoning Appeals for the year lg?O, mhich nas approved by the Board at its meeting on Tuesday, January 5, 1971, was before Council. Mr. Thomas moved that the communication .nd report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 19467, vacating, discontinuing and closing that portion of a ten foot alley runnin9 between 20th Street and Osborne Street, N. Eo, along the rear property lines of Lots 1 - 27. inclusive, Block 20, Map of Jackson Park, Official Tax Nos. 3330101-3330127, inclusive, having previously been before Council for its first reading, read and laid over, nas again.before the body, Mr. Lisk offering the following for its secondreading and final adoption: (n19467) AN ORDINANCE enacted pursuan~ to the provisions of Section 15.1-364 of the Code of Virginia (1950) as amended to date providing for vacating, discontinuing and closing that portion of an alley or roadway in N. E., now unused and unopened, and more particularly described as folloms: That portion of a 10 foot alley running through ~lock 20, Ma~ of Jackson Parh, which is between 20th Street, NE and Osborne Street, ~.i., City of Roanoke, and being abutted by Lots I through 27, City official tax Nos. 3330101 through 3330127. (For full text of Ordinance~ see Ordinance Book No. 35, page 97.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adoptedby the following vote: AYES: MeSSrS. Garland, Lisk, Taylor, Thomas, Trout, Mheeler and Mayor Iebber ...........................7. NAYS: None ............. O. 403 STREETS AND ALLI:¥S: O~dinance No. 19468. vacating, discontinuing and ciosing a portion of Stephenson Avenue. S. N.o betueen the northerly line of New Street, S. W.. extended to the easterly line of Franklin Ro~ . S. ¥.. having prcvio ly been before Council for its first reading, read and laid over. was again before the body, Hr. Nheeler offering the following for its second reading and final adoption: (m19468) AN ORDINANCE permanently vacating, discontinuing and closing oil that certain portion of St~phenaon Avense, S. M., between the northerly line of New Street, S. M., extended, and the ealterly line of Franklin Road. S. #., ia the City of Roanohe. Virginia. (For full text of Ordinance, see Ordinance Cook No. 3S, page 96.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the fallowing vote: AYES: Messrs. Garland, Link, Taylor, Thomas. Trout, ~heeler and Mayor · ebber ........................ NAYS: None .........O. DUDGET-DONATIONS-CITY GOVERNMENT: An Ordinance appropriating $2,500.00 to Investigations. Studies and Rewards under Section &l, ~Council,# of the 1970-71 budget, to provide funds representing a contribution by the City of Roanoke in connection with the restoration of the Botetourt County Courthouse having previously been before Council and lost by a 3 - 3 vote of the members preaent, the matter of a donation was again requested to be brought before the body by Mr. Ltsk. In this connectl'on, the Chair cited Title II, Chapter 4, Section 2. Rule 10, Reconsideration of questions, and ruled the Ordinance out of order, advising that once a question has been taken, it shall be in'order for any member voting with the majority to mote a reconsideration thereof at the same or a succeedin9 meeting, but no ~uestion shall a second time be reconsidered without the consent of fire members of the Council. Mr. Ll~k expressed the opinion that he would like for the Ordinance to be reconsidered, that all the members of Council were not present the first time the iOrdinance wes introduced and ~hat the Ordinance as it mas first written was not correct in.that it was not to contain an emergency C~use. The Chair again ruled the request out of order. Mr. Thomas advised that since be was not present at the meeting when the Ordinance was first introduced be would like to move the adoption of the Ordinance appropriating $1,842.30. The Chair ruled the motion out of order, advising that Mr. Thomas did not vote with the majority when the Ordinance was first introduced. Mr. Thomas then challenged the ruling of the Chair. The City Attorney advised that the proper procedure to be followed when a member of Council challenges the ruling of the Chair is to call for a vote of Council as to whether or not the ruling of the Chair is to be sustained. Mr. Thouas then Bored that a rote of Council be'taken as to whether or not the ruling of the Chair Is to be sustained. The moJdon was seconded by #r. Link and the ruling of the Chair was lost by the following rote: AYES: Messrs. Wheeler and Mayor Webber .2. NAYS: Messrs. Garland, Llsk, Taylor, Thomas, and Trout -- .5. Mr. Llsk ~hen moved that the following Ordinance appropriating $1.842.30 to Gratuities under Section si. ~CouncIl." of the 1970-71 budget, be placed upon its first reading: (s19485) AN ORDINANCE to aeend and reordain Section si. "Council." of the 1970-71 Appropriation Ordinance. WHEREAS. Botetourt County has recently suffered disastrous loss by fire of its historic Courthouse and the Council deems it proper that the (~y Join with other governmental subdivisions In the area In contributing to the replacement or restora- tion of said Courthouse, in such manner as thc Board of Supervisors of Botetourt County shall order. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section hi, ~Council,~ of the 1970-71 Appropriation Ordi3ance, be, and the same is hereby amended and reordalned to read as folloms, in part: COBMCIL si Gratuities (1) (2) ................... $1,842.30 (1) ~et iucroase ............................ $1,842.30 (2) Restoratim of Hotetourt County Courthouse 8E IT FURTHER ORDAINED that the City Auditor be, and is hereby authorized and directed to make payment of the aforesaid sum of $1,842.30 to the County of 3gte ourt, transmitting the City's check for said payment, to which shall be attacho~ an attested copy of this ordinance, to the Clerk of the Board of Supervisors of said County. The motion was seconded by Mr. Thomas and adopted by the follomiug vote: AYES: Messrs. Garland, Lisk, Taylor. Thomas, and Trout ..... 5. MAYS: Messrs. Wheeler and Mayor Webber MOTIONS ANO MISCELLAMEOUS BUSINESS: MUNICIPAL BUILDING-CAPITAL IMPROVEMENTS pROGRAM: Council having scheduled a meeting as a Committee of the Whole to discuss proposed improvements to tho Muntct Duildin9 at the end of the regular meeting on Monday. January 18, 1971. the City Manager submitted a written report respectfully requesting that the meeting be rescheduled until Monday, 3unwary 25, 1971. Mr. Trout moved that Council concur in the request of the City Manager. The motion was seconded by ML Wheeler and unanimously adopted. STADIUM: Mr. Lisk expressed the opinion that the time has come for Councf to make a decision in connection with rental rates to be charged the Roanoke Buckskins and the Roanoke City School Board for football games played at Victory Stadium during the 1970 season and moved that the City Attorney he directed to prepare the proper measure reducing the rental rates for the use of Victory Stldinm from eight per cent to five per cent during the 1970 football season nnd ~hat the City Attorney also be directed to prepare the proper measure expressing grntitude to the members of the Roanoke Ducksklns football team on becoming citizens of the City of Roanoke. The motion was seconded by Mr. Trout. After a discussion at the matter, Mr. Mheeler offered n substitute motion that the matter be deferred one week pending additional information from the City Manager. The motion wes seconded by Mr. Garland and adapted, Mr. Llsk voting no, Mr. Thomas not voting. CITY GOVERNMENT: Rt. Thomas presented a prepared statement requesting that Council set a date to discuss as a Committee of the Whole certain administra- tive review p~oposals initiated by him at the regular noeting f'Counoil on Monday, December 21, 1970, in order to complete a portion of the study prior to budget heari~ for the next fiscal year, After a discussion! of the request, Mr. Thomas moved that the matter be deferred until the regular meeting of the body on Monday, February 1, 1971. The motion was seconded by Mr. Trout and unanimously adopted. PAY PLAN-CITY EMPLOYEES: Mr. Trout read the following prepared statement recommending that the City Manager consider the request of certain city employees for changing pay dates from twice per month to every other Friday: "Roanoke, Virginia December 31, 1970 Mr. Julian F. Hlrst City Manager City of Roanoke Roanoke. Virginia · Dear Mr. Hirst: For several months, a great number of our City employees have inquired as to' the possibility of having regular pay days such as every other Friday. As you knom, during 1971. there will be several months in mhich the employees will receive three pay days thereby the following month they mill receive.only one and this one pay day well be for one-half month's work. Frankly, our employees are not in the habit of saving money from. one mouth to the next to meet this irregularity. I have discussed this with t~e other members of the Urban 12 and they were quite surprised that the City of Roanoke had not adopted the every other Friday method of pay days. It is qoite obvioo~ if our employees receive their check every other Friday they would have the convenience of cashing their checks as th~ banks are open late on Friday afternoons, thus the housemife could take advantage of the weekend sales as quite often the present pay method falls at the first or middle of the week. I have discussed this mith a great many of our employees and it is my view that we should encourage the employees to circulate a petition thereby giving evidence teat they are interested in being paid every other Friday and also by circulating this petition, it has given the employees the opportunity to discuss the Situation of receiving perhaps five percent less by using a 26 day period. However, the convenience of being paid on a regular day certainly to the employees Outweighs many of the disadvantages. Therefore, I have suggested to the employees that they should formard to you the petitions in order for you to evaluate their request. Hoping you will be able to evaluate this proposal, I remain Sincerely. S/ James O. Trout James O. Trout Vice Mayor* 405 In this connection, the City H·esger submitted the following report suggesting th·t the proposal be held under consideration roy · meek minimum to enable the githeriug or ~n~ further reactions among city personnel and rcs uny erin·oas that Council cr o~hers mn7 kuru: .......... -io~noheo Vlrglnh January 18, 1971 Honorable Mayor end Cb Council Roanoke. Vlrglnln The C~y~ CountrY'receiPt's ~n~tbis A~e'ndi~shut is understood to be :proposal'by Vice.#syor Trout that.the.Council give considers·ice.to revision in'p·~ p~ri~ds fo~ Ci%y ~mploye~s ~rom the pre·entt~ice mouth schedule and timing to every ·ua weeh·. In anticipation o~ that report by the Vice Mayor, I uould submit the follow·n0. This matteF has been discussed by vari6us of the City*s employees over a long period or time and with mare activity ulthln the past year or ·mOo Administratively, we have viewed it with varying reactions. More recently a number of employees have expressed their Interest in this change. In fairness it should be noted that there are also employees who al~erently have no particular preference one way or another and the~e are otbeF employees she apparently prefer the present system. Hon~ves, to this paint the large~ number of expressions have come In bohal~ o~ a change. ~ecause of recent later·st that has come to me through the heads of our departments, I have sent a uenorandum to the various offices 'of the City government and the summary of the situation could perhaps be best explained by the attached, a copy o~ tha~ memorandum. In view of this opening of tee matter, I mould suggest teat a proposal be held nudes consideration for a one meeh minimum to enable the gathering of any fa£ther reactions amongst the' City personnel and for any opinions that the City Council or others might have. Respectfully submitted. 5/ Julian F. Hiss· Julian F. Hiss· Cit~ Manager~ Mr. Trout moved that Council c0ncuF In the request o~ the City Mnnager. motion was seconded b~ Mr. Thomas and usaninou~ adopted. ROANO~£ CITY ARTS CO#MITT~£: Mayor ~ehber called to the ~ttentlon of Coun¢ a vacancy on the connlttee appointed to advise Council wlth reference to the estab- lishment o~ a City of Roanoke Arts Commission pursuant to Section 63 o~ the City CharteF dna to the explFatlon of the term of MF..FFan~ ~. Perhinson. Jr., as a membe] of Roonohe City Council, advising that pursuant to Resolution NO. lgl0fl the Mayor or a member of Council ls to be a member of said committee. Hr. Lis~ moved th~ the ~ayor be requested to ma~e the appropriate sppointne The motion ess seconded by Mr. Thomas and unanimously adopted. There being no further business. Mayor ~ebber declared the ~eeting adjourned. Bondage January 25e 1~71. The Council of the City of Roanoke met Is regular meeting lo tbe Council Chamber In the #un(cipal Building Annoxt Monday, ~anuary 25, 19710 ut 2 p.a., the regular meeting"hour, with Mayor Mebber presiding. PRESENT: Councilmen Robert A.' Garlande David E. LJsko N'oel C. Taylor, Hampton M. Thomas, James O. Trout, Vincent S, ~heeler and #alit Roy L. ~ebber OFFICERS PRESENT: Mr. Julian F. Hirst, City #a~ager, Hr. Byron E. Haaer, Assistant City Managert Hr. James H. Elncanon, City Attorney, and Hr, ~, Robert Thomas, City A~dftor. INVOCATION: The meeting mas ~peued with a prayer by the Reverend C~rlton D. Camay, Pastore Harthvfem United Methodist Church. ~INUTEi: Cop~ of the minutes of the regular meeting held on Rocday, January 16~ 1971t having been furnished each ~c~ber of Council, on motion of #r. List seconded by Dr. Taylor and unanimously adopted~ the reading thereof mas dispensed with and the minutes approved as recorded. H~ARING OF CITIZENS UPON PUBLIC RATTERS: NONE. PETITIONS AND CORMUNICATIONS: B~UGiT-CLERK OF THE COURTS:' A c~mnuaication fr~n Hr. [~lker R. Ca~ter, Jr, Cler~ of the Courts, requesting that ~,500.00 be appropriated to Office Furniture and Equipment - Replacement under Section #25t' ~Clerk of the Courtst' of the i970-?1 ~udget, to 'provide funds for a new cash register to be'utilized by his office, was before Council. Rt. ThOmas moved that Council concur in the'request of the Clerk of the Courts and offered the i~ll~,I;g .... gency Ordl;~ac~: ' (~1~86~ ~ ORDINANCE to amend and reor~in'Se~tion c2§, ~Clerh of Courts of th~ 1970-?1Ap~;op;lu~tou Oral ...... and providing for'~n ~me;geocy. (For full te~t of Ordinance, see'Ordinance Book No, ~5, page 108o) Rr. Thomas mored the adoption of the Ordinance. The motion ~an seconded by Rt. Trout and adopted by the following vote: AYES: Messrs. Garland, Llsk~ Taylor, Thomas, Trout, ~heeler and Rayor ~ebber ........ g .............................?. N~YS: None--= .................... O. '° ' S~HOOLS: A communication froa the Roanoke City gchod Board~ advising that the Sch~;l goa~d adopted a Resolution at its regular meeting of'Jan~ar~ 12, 1971, requesting tba~'Co~nc~l dedicate and incorporate into i~s ~ub~ic street facilities a right of way extending from Burrell Street southwesterly ~nd'latersecting Fifth Street[ ~. ~., a{ a ~oint fa the vicinity of'the northeast corner of the Lucy AddIse High School to assure o~ntioued freedom of access to the school site, was before Council. Mr. Llsh moved that the matter be referred to the City Flonnieg Commfnnfns for study, report end recommendation to Council. The motion was seconded by Mr. Garland and anaeimonsly adopted. SEWERS A~D STORM BRAINS~ A Resolution adopted by the Roanoke County Board of Sope~l~cra, re'nesting that the ~ontv,et' hetweeu the city of Rouooke nod the County of Roanoke, dated September' 26, 1954. dealing with the t~eatment of domestic and ~ommercl~l waste;, he .mended b~ ridding %hereto Ares .o. I - 55 acres :k Route 41' at Route 119 (~tarkey Road) and Area N;. 2 ~ 11.11' .crest'i, oort~ of Root~ 460 eeo and meat of Graoby Street, mas before Council. Mr. Lls~ m;ved that the ~atter ~e ~eferre~ to a .... ittee composed of i ...... Bnm~to~ W. Thomas, Cbai ..... ~lneeot S. ~bceler ;nd ~oliao F. air. for study, report and recommendation to Council, The motion mas se'conded by Rr, ~rout end unanimously adopted, SENERS AND STORM DRAIN~: A communication from Mr, Lee B.' Eddy, ~halrman', Roanoke County Go.rd of Superrlsorst respectfully requesting tbot Council authorize its ~ewer Committee ~o meet with the Sewer Committee of Roanoke County t~ discuss possible Joint financing of Improvements to the Murray Run sewer lln~, was before Council, Rt. Trout moved ~hat th~ matter be referred to a committee composed of Momars, Honpton N, Thomas, Chairman, Vincent ~, Nheeler and Julian F. Hlrst to meet wlt~ the C~unty Sewe~ Committee and report bac~ to Council, The motion wan seconded by Dr. Taylor and unanimously adopted. STREET'S AND ALLEYS: An app~icotion from Mr. Frank K. Sounders, Attorney, repres'enting Tlmes-~orld Corporation, requesting that a certain alley lying ~lthin and extending through Block 6, Official Survey Sooth~est Section 1, ~n an east-west direction from Second Street, S. ~., to Third Street, S. ~., said bloc~ bounded on the north by Salem Avenue, S. ~., on the east by Second Street, S. W., on the south by Campbell Aven~e, S. N., and on the west by Third Street, S. ~., be vacated, dis- conttnncd an~ closed, was before Council. · Mr. Rhee~er ~ffered the following R~solution providing for the appointment of vlemers In connection w~th the application for closing the alley: (~19407) A RESOLUtiON provtdlng for the appointment of five viewers 'In ...... tion with the a~plicat~on of T~mes-Nor~d Corporation ~o vacate,' di .... tlnue and close that certain alley lying ~thin and extending through Block 6, O£flcial Survey Southwe~ Section 1, in an eas~-west direction from Second Street, S. ~., to Third Street, ~. ~., said Block bounded on the north by Salem Avenue, S. ~** on the east by Second Street, S. M., on the south by Campbell Avenue, S. ~** and on the west by Third Street, S. ~. (For full text of Resolution, see Resolution Book ~Oo 35~ page Mr, Mheeler moved the adoption of the Resolution° The motion was seconde~ by Mr. Link and adopted by the following vote: : AYES: Messrs. Garland, Liskt Taylor,'Thooas, Trout~ Wheeler and Mayor Webber .................................... ~?. , NAYS: None .......................O, Mr. #heeler the, moved that the matter be referred to the City Planning Commission for study, report and recommendation to Council, The motion mas seconded by Mr. Trout and unanimously adopted. TRAFFIC: A communication from Mrs. MarJorle E. Richards, Genii Manager, Ideal Laundry ~ Dry Cleaners, Incorporated, requesth g that the two-hour parking signs be removed from one side of Eighth Street from Campbell Avenue to Tazewell Avenue, S, Eom to provide parking space for their employees, mas before Council, Mr. Wheeler moved that the matter be referred to the City Manage~ for study, report and recommendation to Council. The motion was seconded by Dr. Taylor and unanimously adopted. JAIL-MUNICIPAL BUILDING-CAPITAL IMPROVEMF~TS PROGRAM~PLANNING-POLICE. DEPARTMENT: A communication from Mrs~ John J. Butler, requesting that the City Managers Council and all mbo ore interested in the future of Roanoke sill work together to solve the very presslng problems of our courts, was before Council. Mr. Mheeler moved that the ~ommunication be received and filed. The mo,i* mas seconded by Dr. Taylor and unanimously adopted. JAIL-MUNICIPAL BUILOING-CAPITAL IMPROVEMENTS PROGRAM-PLanNING-POLICE DEPARTMENT: A communication from Mrs. Charles E. Dana, uring that Cm ncil w te for a plan which will include a change in location and facilities for the Juvenile and Domestic Relations Court, was before Council. Mr. Wheeler moved that the communication be received and filed. The motion was seconded by Dr. Taylor and unanimously ado pt*d. JAIL-MUNICIPAL BUILDING-CAPITAL IMPROVEMENTS PROGRAM-PL&~NXNG-POLI CE DEPARTMENT; A communication from Mrs. John M. Chancy, commending Council for ~eeting as a Committee of the Whole to resolve the long overdue problems of inade- quate court, and Jail facilities and ~equesting that Council vote for au adequate plan for modernizing the court facilities and Jail, was before Council. Mr. Wheeler moved that the communication be received and filed. The mo,i* was seconded by Dr. T~lor nod unaoi~o, usly adopted. REPORTS OF OFFICERS: * JAIL-MUNICIpAL' BUILDING-CAPITAL IMPROVEME~4TS PROGRAM-PLAnNING-POLICE DEPARTMENT: The City Manager submitted o written report transmitting copy of a comm~ cation from Mrs, Jo E. Rildreth, Corresponding Secretary, Advisory Board of the Gte*oval* Nursery School, requesting that Caflcll consider the building of a new Jail facility for the City of Roanoke since-this is one of the pressing needs of the citl Mr. Garland moved that the report and communication be received and filed The motion mas seconded by Mr. Trout and unanimously adopted. ' 09 JAIL-MUNICIPAL BfllLDING-CAPXTAL IMPROVEMENTS PEO6RAM-PLANNING-POLICE DEPARTMENT: The City Ms*agar anbmltted · written report transmitting copy of n oGnmunicatiOn from Mrs? Edward Van Ro, Spurgeo~, Cor?spondln~ Secretary of the Episcopal Church Women or St. John*s, ~xpressing concern over the Roanoke City Jail. Dr, Taylor moved that the report and communication be received and filed. The motion was seconded by Mr, Lisk and unanimously adopted. BUDGET-CITY MANAGER: The City Manager submitted n wri tten report recommend that $150,00 be appropriated to City Manogerts ~pecial Fund under Section ~3, ~Mauage of the 1970-?1 budget. Mr. Wheeler moved that Co~ncil concur in the recommendation of the City Manager and of~ed the following emergency Ordinance: (n1946B) AN ORDINAI~CE to amend and reordaln Section nat "Ma~ger,# of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 35, page Il0.) Mr. ~heeler moved the adoption of the Ordinance, The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Carla~d, Lisk~ Taylor! Thomas, Trout, Wheeler and Malm r Mebber .................................... 7. NAYS: ~one .....................O, BUDGET-FIRE DEPARTMENT: Counci 1 having directed the City Attorney to pre- pare the proper measure appropriating ~2dO.O0 to Personal Services under Section "Fire Department,~ of the 1970-71 budget, to provide funds for an increase in the salary of Assistant Fire Chief Hancock from Range 23, Step 4, to Range 23, Step 5, retroactive to January 1, 1971, the City Manager submitted the following report recommending that the same action be taken .lth regard to the second Assistant Fire Chief: "Roanoke, Virginia January 25, 1971 Honorable Mayor and City Cuncil Roanoket Virginia Consistent uith the City Couccilts instructions last Meek, there Is elsewhere on the Agenda an ordinance w~ ch would authorize lncreasIflJ the salary of Assistant Fire Chief Morgan by ~lve percent in orde¥ to more properly place the salary in r~latlonship to other positions within the department. The referral of this situation last week was as one of several examples of simi~ar'situations. In order to take care of any immediate comparable condition, I would recommend your authorizing to handle the salary of Assistant Fire Chief Hancock, who has been recently promoted in the same manner. He was a Captain at Range 20, Step 6 and we were limited in his promottn to Range 23, Step 4, a five percent increase and the recommendation would be to Step 5 retroactive to January 1, 1971. Aa to other ~ersonnel cited as examples last we~k ~nd other p~rsoneel who are affected by this general situation to handle each one individually outside on an overall policy presents some problems ia equity to all employees.. Beyond the two Assistant Flre Chiefs, I would like to hold the matter as Me are trying to ~ork up o different approach for the consideration of the City Council and the City Auditor. Respectfully submitted, S! Julion F. Hirst Julian F. Hirst City Manager" Mr. Trout move~ that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance appropriating $240.00. to Personal Servlce~ undpr Section z47, "Fire Department,* of the 197~-71 bpdget, to provide funds to increase the salary of Assistant Fire Chief Morgan from Mange 23t Step 4, to Mange 23, Step 5: (mi9459) AN ORDINANCE to, amend and reordain Section u47, *Fire Department ~f the 1970-71 ApprOpriation Ordinance, and providing for an emergency, (For full textiof Ordinance, s~e Ordinance Meek ~o. 35, page 110,) Mr. Trout moved the adoption of the Ordina~ce, T~e motion mas seconded by Mr, Wheeler and adopted by the follomin9 vote: AYES: Messrs. Garland, Liske Taylor, Thomas, Trout, Mheeler and Mayor Webber .............. ~ ....................... 7. NAYS: ~ooe ....................... O. in this connection, Dr. Taylor offered the following emergency Ordinance appropriating $240,00 to Personal Services under Section u47, #Fire Department,# of the 1970~71 budget, to provide funds for an increase la the salary of Assistant Fire Chief Hancock. from Mange 23, Step ~, to ~auge 23, Step S: (m19490) ~ ORDINANCE to amend and reordain Sectto~ =4?, *Fire Departmen! of the 1970-71 Appropriation Ordinance, and providing for an emergeU~yo (For full text of Ordinance, sec Ordinance' Boo~ No. 35, page 111.) Dr. Taylor moved the adoption of th~ Ordiaaoce. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: MessFs, Garland, Liskt Taylor, Thomas, Trout, Wheeler and Mayor Webber ........: ...................~ ....... -7. NAYS: None ........................O. BUDGET: ~he City Manager submitted a written report recommending that $6.000.00 be appropriated to W~rkmen's Compensation under Section .git "Non- Departmental," of the 1970-71 budget, to cover existing commitments and provide a balance of approximately $3,000.00 for the remainder of the fiscal yea~o · Mr.~Trout moved that Council concur in the recommendation of the City Manager and offered the foll~wing emergency Ordinance: (z19491) AN ORDINANCE to a~end and re0rdain Section .gl. "Noa-Departmentl of the ~970-71Appropria$1on Ordinance, and providing for an emergency. (For full. text of Ordinance. see Ordinanc~ Book No. 35, page 111.) Mr. Trou,t moved the adoption of the, Ordinance. The motion mas seconded by Mr. Lisk and adopted b~ the following vote: AYES: MessrSo Garland, Lisk, Taylor, Thomas, Trout. Wheeler and Mayor Webber .............. ~ ...... ~ ....... ~ ....... ~--7. NAYS: None ..............~ .......... O. SALE OF PROPERTY-STATE HIGI~AYS-MATER DEPARTWEST= 'Council baying referre. n report of the'City Manager beck to him for the purpose or negotiating further with Hales, Seay, Wattern & #ctterne Architects.and Engineers0 in connection with their fee for detailed construction drawings with regard to connecting the northwest and southwest sections of the City of Ronnoke water system bi the construction of u 12-inch water main over the Tenth Street Bridge, the City Manager nobuitted the following report transmitting a revised proposal of Hayes, Seay, Wattern ~ Wattern, Architects and Engineers, at the rate of 2.25. times payroll costs incurred, said amount not to exceed $3,000,00, odvisiflg that this Is a more favorable, arrangement, that the maximum is still felt to be high but there does not seem to be any variance from this that can be, secured: "Roanoke, Virginia January 25, 1971 flonorable Mayor and City Council Roanoke, Virginia Gentlemen: This matter of the design and revisions of the. loth Street Bridge to accommodate a future 12-inch water line has been further reviewed with Hayes, Seay, Ma*tern and Ha*tern, the designing engineers on the project for the Virginia Department of Highways, A revised proposal would be that the compensation to the firm for the engineering design work would he at the rate of-2.25 times payroll costs as incurred by the firm said amount not to exceed $3,000. This is more favorable, The maximum is still felt to he high but there doesnot seem to be any variance from this that can he secured. ! would recommend a resolution for your approval which has been prepared by the City Attorney~ There further would be recommended a budget ordinance amendment to provide the appro- priation from Water Department funds, which are available, for this particular purpose. Respectfully submitted, S/ Julian F. Bits* Julian F. Hirst City Manager" Mr. Wheeler moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance appropria~Ing $3t000.00 to Capital Outlay from Eevenue under Section u450, "Water0" Of the 1970-71 budget, to provide funds for the proposal: (uig492) AN ORDINANCE to amend and reordain Section ~450t "Water** of th. 1970-?1Appropriatioc Ordinance, and providing for an emergency. (For full text of. Ordinance, see Ordinance Book No. 35, page 112.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. TrOut and adopted by the following vote: AVES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ..................................... 7. NAVS: None ....................... O. Dr.~Teylor then offered the following emergency Ordinance authorizing execution o[ an egreement to be entered iasc b~tweeu the City or Roscohe and Nsyes. Seey, #at*em ~ Ha*tern, Architects and Engineers, for the detailed construction drawings: (~19493) Aq OROINA~CK authorizing execution of ua agreement with Hayes. Seay, #at*em ~ HatteYnt Architects -Engieeers, providing for design into the plans for the proposed hem loth Street Bridge over t~e Norfolk and Mestern Railway Company tracks of provlsion~ for future i~stallation on said bridge of a certain water tran~ mission pipeline; prsvlding for payment of the cost of such design; and providing for an emergency. (For full text of Ordinance, see Ordinance amok No. 35, page 112.) Dr. Taylor mazed the ad~ption of the Ordinance~ The motion was seconded by Hr. Thomas and adopted~ by the fallowing ~ote: AYES: Heists. Garland. Light Taylor, Thomas, Trout, Mheeler and Rayor Mebber .................................. 7. NAYS: No~e ..................... O. GARBAGE REMOVAL: Council having referred to the City Manager for studyt report and recommendation a communication from Mr. Robert A. Gsrland proposing that the City of Hoa~ohe enter into an agreement mith the Mas*e-Aid Company on a ~rial basin for garbage removal, that the City Manager be requested to select an area within the city in which he considers' the equipment would be subjected to all types of ~ondltlons and terrain and that Council instruct the City Attorney to pre- pare the proper measure Implementing this propos.al, the City Manager submitted the fo~oming report in connection therewith: ~Hoanoh~, Virginia Januar.y 25, 1971 Honorable Mayor and City Council Roanoke, Virginia Study has continued on the system proposed ~y the City Council of a trial of what ia known as the *waste aid* system of refuse collection. Maste aid is a trade name and there are one or more other ~ystems which may be comparable in equipment and method. Mr, Mllliam F. Clark, Director of Public Marks, has advised me as follows: *Me are prepared to recommend thnt the City proceed with a trial of the *Maste-Ald~ system of refuse collection. The trial would be proposed for a two (2) month period beginning approximately March i, Two (2) of oar regular collection routes have been selected with the aim Of presenting a variety of typical conditions, These routes cover the areas of Fairland Lahes In the northwest aectfsn and Jefferson Hills - Fralin Park in southwest. Approxi- mately 414 dwellings are located In these areas. The firm of Melt At Your Service, Inc., o~ Greenville and Florence, South Carolina has offered t~ provide special refuse recap- ' tacles to be used during the tri~l at the rate of $3.00 per unit per month, The total expense of the trial would thus be approximately $2,500, and funds would be available ~rom unexpended salaries in account u~9-101, Personal Services within the Sanitation Division budget. Tho Waste'Ald.System'coasleL$~ba~lealiy~of~ao'SR · gallon coveredplostio~cdntel~er~permin~atlT, fattened to a wheeled~rt~-'A'¥~prb~e~thti~ele£~gbes'~pplier and the City will call upon each resident'lap,he trial areas and solicit th'elr"asslstanee, with this test. The resident will be asked to use the special container during the trial per~d for all normal : refuse Just as he would use his.oma regular receptacles. Oa the assigned collection day'the user will roll the unit to the curb or adJacent to the street. One of the Clty*s refuse vehicles will-be'equipped Uitb a bydralfc, mecbanJsm needed to dump the 82 gallon coutaihera. This mechanism will he loaned to the City uithnut'charge by the container supplier. After the conthlner*has been emptied, it will be left at the curb side for recovery by the homeowner** There are various obvious advantages to such a system in both cost and time saving. The homeowner is benefited by having available a large and attractive container that Is easily movable hud that can be better stationed around the home than standard garbage cans. The City is benefited under the system,'in cost and time, in elimination ~f the requirement.to walk into back yards and the rear of propatfes and carrying the containers out to the street and back again. The wheel 'frame makes the foiling of the unit to the curb or street not an reasonable arrangement 'for the user. Elimination of the lifting and carrying of heavy containers would have a very considerable impact on employee injury rates. There have been various claims made ab:out the iystem as to the improvement of collection schedules and the pur- pose Of t'he proposed trl~l would be to help the Department of Public Works-to evaluate the validity of claims and to appraise the merits or denerlt~ of the system. As stated, the areas within which the trial mould be conducted would be clearly defined and the Department of Public Works, along with the distributor, will set up and follow through on a f~lrly precise system of contacting ~esidents to acquaint them with the proposal and their participation in the trial. There would then follow a procedure of-an evaluation. As stated above, there are unexpended funds available in the salaries account within the sanitation divisions and in view of the ruling that these funds cannot be trans- ferred, it would be recommended that an appropriation of $2,400 be made with such appropriation being automatically It is further believed that it would be desirable for the City Council by resolution authorize the system tn order to take care of whatever might be in variance with City ordinances and regulations and past established procedures. ~e would w*Ish to show to City Council at your meeting a brief slide presentation on the system. Respectfully submitted, S/ Julian F. Rivet Julian F. Rivet City Manager" Mr. Garland moved that Council concur in the report of the City Manager and that the matter bg referred to the City Attorney for preparation of the proper measure. The motion was seconded by Ur.* Trout and unanimously adopted. BRIDGES-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted O mrlttel 'report advising that negotiations have been concluded with Mutts and Break*Il, Incorporated, for ~ertain property'needed for right of way purposes for construct*on of tho proposed Normlch Blrdg~ across the Rna**he River, In the amount of $9?5,00. Mr. Thomas moved that ~oaucil concur In the report of the City Manager sad offered the following emergency Ordinance~ (n19494) A~ ORDINANCE aathorizing and direpting the acquisition Of car*ail land and a temporary easement In certain other lands needed for the relocation of Bridge Street, S, W** Vpoc certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Rook Ho, 35, page 113,) Mr. Thomas moved the adoption pf the Ordinance. The motion mas seconded by Mr. Llsk and adopted by thc following vote: AYES: Messrs, Garland, LISh, Taylor, Thomas, Trout, Wheeler and Mayor Webber ................. ~ .................... -7, NAYS} None ........................O. 'JUVENILE AND DOMESTIC R~LATIONS COURT: The City Manager submitted the following report proposing that he be autho/lzed to ned*ti ate new contracts with the various governm~nta~ agencies who utilize th, Roanoke Juvenile Detention Rome: "Roanoke, Virginia January 25, 1971 Honorable-Mayor and City Council Roanoke, V~rglnla Gentlemen: £ach year the Commonwealth of Virginia Department of ' Welfare and Institutions provides the City of Roanoke Dete~tion Rome Superintendent with aa analysis of operating costs of Juvenile detention homes and the per diem rate mhich the State mill ~y lor care Of State wards being main- tained in local detention homes. These coat figures are provided to assist administrators In establishing rates,to be assessed for not only State wards but for admisslocs from other than the City of Roanoke. The State currently autho- rizes, effective January 1, 1971, a per diem rate of $5.?0. The City of R~anoke'hasilong~standing contracts with rations othergover~mental agencies ehlch establishes the per diem. rate of ~2.00 for each child admitted from those localities (other than those determined to be State .ards.) For sometime nam these rates have needed revising to pre- clude further loss to,the Cityof Roanoke for providing this service to surrounding commasitieso During fiscal year 19~9-?O.~pproxlmately 29 p~rcent of ail juveniles admitted to th*City of Roanoke Juvenile Detention Bom* were oth~r than*City re~idents. The breakdown of this percentage was 5.12~ State wards, 1~6~ Roanoke County, 5.6~ Salem City and the re~aiaing.~ery small percentage of one juvenile each during the year mas from Dotetoart Coant~ and Craig County. The stay for th~se children varie~ from 15 minutes to 1~0 days, . It would be proposed that City Council authorize the Cl~ Manager to negotiate ~ew contracts with the various governmental agencies mh~ utilize the Roanoke J~venile Detention Home. It would ~nrther'be suggested that the contract be prepared in such a say as to establish the per diem rate as the same as that provided for State wards and that as the per dle~ rate provided by the State Department of Helfare v~?ies so ~ould the per diem rate vary for Juveniles admitted'from these other localities, ;~4.15 Zf the Council would have:no objections tO this procedure, ue would accordingly proceed. Respectfully submitted, S/ Julian F. fllrst Julian F. Blrst City Hanager" '. Dr. Taylor moved that Council concur in the report of the City Manager. The motion mas seconded by Mr. Lfok amd unanimously adopted. AIRPORT: The City Manager submitted a written report in connection with the tern,nmi building at Roanoke Municipal (Ma.drum) Airport, advising that he Would like to settle mlth the architects for services rendered to this time and-have them proceed to prepare,sketches mi,him the funds that are budgeted. After a discussion of the matter, Mr. Trout moved that the report be referred to the Airport Advisory Commission for study, report and recouendation to Council. The motion was seconded,by Mr. Lisk and unanimously adopted. BUDGET-HOUSING-SLUR CLEARanCE-BUILDING DEPARTRENT: The City Manager sub- mltted a written report transmitting.a progress report from Mr. L. G. Leftwlch, Commissioner of Buildings, on condemned balldlngs. Mr.~Mheeler moved that the report of the City Manager and the progress report from the Commissioner of Buildings be received and flled~ The motion was seconded by Rr. Trout and unanimously adopted. CLAIMS-~F~SIONS: The City Attorney submitted the following report advlsi~ of certain litigation brought by certain former city employees, who at various times before retirement, transferred membership from the Police and Fire Pension System t¢ the Employees' Retirement System: "January 25~ 1971 The aaa,table Mayor and Members of Roanoke City Council Roanoke. Virginia Be advised of the filing on January ~4, 1971, o! a bill o5 complaint in the Circuit Court Of the City of Roanoke by five (5) named former employees of the City, retired from service as members of the Enployees~ Retirement System. Alleging lamer employment in the City's Fire Department and.former membership in the pOlice:and Fire Pension System provided for in Chapter 2, Title III, of the City Code~ and alleging, also, later exercise of electfcn~touem~e£a~f~ in the Employees' Retirement System and payment of certain cash amounts Into the Employees' Retirement.S~stem, the~com- plainauts pray-of the Court alternate relleff.namely, that each be held entitled to the full beaefitsof the. Police and Fire Pension System as.mell as full benefits of the.Employees' Retirement System or, tn the alternate, that each be awarded damages against the City equal to the amount, with intentt which represents the contribution of each said complainant to the Rd ice and Fire Pension System~ abovementioned. The undersigned, with the City Auditor, is studying the merits of the cases stated in the bill of complaint; and the Council will be kept advised of the position taken by the City mfth respect to the litigation. Respectfully, S/ J. N. Klncanon MT, Mheeler moved that the report he received and filed. The motion uua ~econded by Hr. Link end unanimously adopted.' LICENSES-TAXES: Council having referred to Council uctSng us n Committee )f,tbe Mbole, the City Auditor and thc Commissioner of the Revenne, n request of the tounohe Food Drohers Association that reconsideration be 'given to that part of )rdinunce No~ 19453 adopted December 28. 1970. by which the basic license tax rate )n food brokers was increased by 500~, the City Auditor and the Commissioner of the tevenne submitted the following report advising that it could not be consclentioualy recommended that Council grant the commission occupations s lower gross receipts Fate without also recommending that the other trades and occupations affected by ~assage of the Ordinance also be granted an appropriate decreasein their gross ~eceipts tax rote: 'January 21. 1971 The Honorable Mayor and Members of the Roanoke City Council Roanoke. Virginia The revisions to the license tax code passed by ordinance number 19453 on the 28th day of December. 1970. mere reviewed prior to its passage by the undersigned. The specific tax rate change affecting wholesale merchandise brohers and commission merchants was noted as being a substantial increase from $2.20 per $1.000 of gross receipts ($.22 per $100) to $1.10 per $100 of 9ross receipts which would represent a 500~ increase to the gross receipts tax rote. However, in keeping with the recommendation of the Tax Study Committee ia reclassify such occupations under the professional service category it was necessary to apply the professional services tax rate of $1o10 per $100 of gross receipts thereby having a uniform rate applying to all occupations assigned to the professional category. The following excerpts from the aforesaid Tax Study Committee's Intrim Report number 3 recognized the tax rate change on commission occupations along with others as being substantial increases and set out its basic guidelines for equity. *In reviewing the license tax code, the committee has applied the same formula used in its ~udy of the method of assessmeet of real ~tote, that is, the obtainnent of os much equity and uniformity in application of the tax burden as can possibly be had under the circumstances. During the course of its study of the code the committee has come upon certain areas requiring adjustment, needed, in the opinkn of the committee, to distribute the license tax burden more equitably. Persons affected by these adjustments may take issue uith the committee action affecting their interests. To this the committee has no objection, desiring only that it be understood clearly, by one and all, that every adjustment proposed has been in light of the committee's prime guideline of equalization of the business tax burden. Included in the committee's review of the various business classifications and rates has been comparison not only of businesses within the City but also of l~e businesses in other cities of the,State. Thus. the license tax levied upon · particular trade in the City has been compared with license taxes levied on other trades in the City and also uith license taxes levied on the Same trade in other Virginia cities~ The Committee is.aware that the adjustment prop(sed means to these occupations of commission business a substantial increase In rate of tax, but the committee has attempted to make whatever adjustment might be necessary, in its opinion, to arrive at a Joint and uniform application of the business tax burden. The committee considers the present rates of $.55 and $.22 per $100 gross commissions to be lcm not only as compared mith rates levied on commission business in other cities but also as compared with rates levied on other trades in this city.* 417 A review of tax rates aa suck occupations shows Bristol $1.00/$100; Lynchburg '$1.05/$100; Fetersburg $1.00/$100; Richmond $1,25/$100; Bedford $1,00/$1001 Danville $.95/$1001Hopeuell $1.00/$100. In ~u of the foregoing, it fs our opinion that tam rate changes wade by passage of this ordinance is s step toward distributing the tax burden more equitably and that Council followed the prime guideline set by the Tax Study Committee toward equalization of the business license tax burden, Therefore, ue could not conscientiously recommend that Council grant tho eommJusJos occupations a lower gross receipts rate without also recommending that the other trades and occupations affected by passage of this ordinance also be grhnted an appropriate decrease in their gross receipts tax rate. Respectfully submitted, S/ J. Robert Thomas S! Jero~ S. Howard. Jr. J. Robert Thomas. Jerome S. Howard, Jr. City Auditor Commissioner of the Revenue~ Mr. Wheeler moved that the report be taken under advisement and that Council hold a special meeting on #ednesday, January 27. 1971, at 12:00 p.m., in the Council Chamber for the purpose of taking appropriate action on the matter. The motion was seconded by Mr. Trout and unanimously adopted. AUDITS-SCHOOLS: The City Auditor subuitted a written report on an examin- ation of the records of the Forest Park Elementary School for the school year ended June 30. 1970, advising that the records were ia order and the Statement of Receipts and Disbursements reflects recorded transactions for the period and the fhancial condition of the fund at the end of the audit period. Wy. Mhee]er moved that the report be received and filed. The notion mas seconded by Mr. Thomas and unanimously adopted, AUDITS-SCHOOLS: The City Auditor submitted a written report on an examina- tion of the records of the Washington Heights Elementary School for the school year ended June30, 1970, advising that all the records were in order and the Statement of Receipts and Disbursements reflects recorded transactions for the period and the financial conditim o£ the fund at the end of the audit period. Wy. Wheeler moved that the report be received and filed. The motion was seconded by Hr. Thomas and unanimously adopted. AUD'ITS-SCHOOLS: The City Auditor submitted a mrttten report on an examin- ation of the records of the Garden City Elementary School for the school year ended June 30, 1970o advising that 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 at the end of the audit period. Hr. Wheeler moved that the report be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted a written report on on examination of the records of the Hurt Park Elementary School for the school year ended June 30. 1970. advising that 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 at the end of the audit period. Mr. Wheeler moved that the ~eport be received end filed. The motion mas seconded by Mr. Thames and ,nanJlousJy adopted. ZONING: Council having referred to the City Planning Commission for stud report and recommendation the request'of Mr. Samuel J, Ellfott that the southern portion Of Lot 15, Block 5, Lee Dy Gardens Nap, Official Tax No. 1610325, be rezoned from RS-3. Single-Family Residential District. to RG-2. General Residential Dlstric~ the City Planning Commission submitted u written report recommending that an RG-I rezonlng be approved in lieu of the Original request for an RG-R rezoning only for that portion of the lot extending from the lamer easement south to Draudon Avenue, S Xn this connec~ on, a communication from Hr. Edmard S. Kidd. Jr., Attorney, representing the petitioner, advising that his clients concur in the amended recommendation of the City Planning Commission en~ requesting that u public hearlu~ be held on the matter, uss before Council. Kr. Thomas moved that a public hearing be held on the request for renaming at 2 p.m.. Monday, February 22, 197I. The motion was seconded by Br. Trout and unanimously adopted. ZONING: Council having referred to the Gity Planning Commission for study report and recommendation the request of Mr. R. W. Polndexter that property located in the 2000 block of Byrd Avenue, N, E.. described as Lots ? - i?. inclusive Dlock 3. Official Tax Nos. 3120304 - 3120300. Inclusive. Laurel Terrace Land Map, be rezoned from RD, Duplex Residential District, to RG-2, General Residential District, the City Plannin9 Commission submitted a written report recommending that the reques be denied. In this connection, a communication from Kr. Richard F. Pence, Attorney, representing the petitioner, requesting that u public hearing be held on the matter, mas before the body. Dr. Taylor moved that a public hearing on the request for rezoning be held at 2 p.m., Monday, February 22. 1971. The motion was seconded by Hr. Trout and unanimously adopted. ZONING: Council having referred to the C~y Planning Commission for study, report and recommendation a request of Mr. William LaPrad for a nonconforming certificate of occupancy for a 3-unit apartment dwelling located at 2024 Hanover Avenue. ~. W., tho City Planning Commission submitted the following report recom- mending ihat the petitioner be granted a three year extension of tine to phase out this operation and to correct this nonconforming situation: "January 21, 1971 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke. Virginia The above cited request mas considered by the City Plannin9 Commission st it~ regular meetings of January 6 and January 20. 1971. 419 Mr. George W. Harria~ Jrt, represeztiug *he,PetiOle·er, appeared before the Planui·g~CganlaSlon?and~slatedthat~#r~.~lll$om~LaPrad hat omned this three-unit a~·~tuent'itr·eturs for-app~Sxiuatel~ six years but failed to apply for.z nouco·forbing certificate of:occupancy. The Plaauing Director noted:theft, the. timelier:applying for Certi- ficates of OccupancTlor no·conforming utes-hid bee· extended Six times-by the CIW.Councll_sinc~ the adoption of the Zoning Ordinance wit! the most recent extension date being' June. 29, 1970. He noted that this specific trlplex is.presently located mi*him · RD zone classifl~ cation and that the additional unit in this par(icular situation does not detract f~Oa the overall residential quality of the area. He reconnended that the final date (June 29, 1970) for applying rot a Certificate of Occupancy not be chi·ged, that no rezoning be granted, but that the petitioner be granted a three year extension of time to correct this situation and to phase out the operatic· so as to conform with the Zoning Ordinance. Accordingly, notion mas made, duly seconOed and Unanimously approved to recommend to City Council that the petitioner be granted a three lear extension of time to phase out this operation a~ to correct thin noncon/ormiug nituation. Sincerely, S/ John H. Parrot* by L. M. John H. Parrot* Chairman' Dr. Taylor moved that Council concur in the recommendation of the City ~lannlng Commission and that the matter be referred to the City Attorney for prepar- ation of the proper measure. The motion was seconaed by Mr. Garland and unanimousl~ adopted. REPORTS OF COMMI~YER$: STADIUM: Council having referred to the Stadium Advisory Committee for study, report and recommendation a communication from Mr. James A. Plersall, General Manager, Roanoke Buckskins, Incorporated, requesting that Council review the present rental agreement at Victory Stadium and provide such relief as they may deem appropriate, the Stadium Advisory Committee submitted the following report recommending that the present rate for all football games played at Victory Stadium remain the same and requesting that the Mayor appoint a committee of three Council- men to meet with the Stadium Advisory Committee at the earliest possible time to discuss the possibility of securing additional fonds for promotion of the atadium during the 1971-72 season: "January 22, 1971 Honorable Mayor and Members of City Council Roanoke, Virginia Centlemen: On Sovember 2, 1970, City ~ouncil forwarded to the Stadium Advisory Committee for study, report and recommendation the request of Mr. James Piersall, ~eneral Manager of the Roanoke Buckskins Profess- ional Football team that City Council reduce the rate of r'entai for football games played at Victory Stadium from O per cent to 5 per cent. · he Stadium Advisory Committee met on ~anuary 22, 1971 and instructed its Secretary to formard to City Coo·ell the following recommendations regarding the matter: The Stadium Advisory Committee realizes the importance of the Roanoke Buckskins Professional Football team to the City of Roanoke and appreciates the fact it ia providing ~holesome entertainment for Roanoke Valley and surrounding areas, homever in fairness to all organizations desiring the use of the stadium for football, it is the feeling of the committee that the rate of B per cent of all gross receipts plus furnishing of police protection free is a just rate for rental of the facility. Therefore it recommends that the present rate of rental remain as is'for nil football ghmes~snd if~ln~order, request the Honorable Mayor to nppulnt~athree man committee from the present City Council to meet mith the Stadium Advisory Committee ut the earliest possible time to discuss the possibilitT of securing additional funds for promotion of the facility fn the 19TI - T2 budget~ ~ Mr. James M. Sstterfield, Chairman of the Stadium Advisory Comm.- tee end other members of the committee will be present ut Council 'meeting on Monday, January 25, 1971 nnd mould appreciate the opportunity of being heard regarding the matter. Yours truly, S/ Rex T. Mitchell, Jr. Rex T. Mitchell, Jr. Secretory - Stadium Advisory Committee In this connection, #r. James M. Satterfield, Chairman of the Stadium AdFisory Committee, nppeored before the body in support of the recommendation of the Committee.- With reference to the matter, Mr. Janes A. ~ersall. General Manager of the Roanoke Buckskins, Incorporated, and Mr.. Richard a. Hamlett, appeared before the body h support of the request of the Roanoke Buckskins. After a discuss~i~ Of the matter, Mr. Wheeler moved that Council toke the report of the committee under advisement and the Hayor be requested to appoint a committee to meet with the Stadium Advisory Committee and the Roanoke Buckskins, Incorporated, with regard to rental rates at Victory Stadium and report back to Council. The motion mas seconded by Mr, Lisk and unanimously adopted. Mayor Webber appointed Messrs. Vincent S. Wheeler, David K. Lisk, and Noel C. Taylor as members of the commitee.. TRAFFIC-S~ATE HIGHWAYS: The Roanoke Highway Safety Commission submitted the following report transmitting a report on Emergency Medical Services in the City f Roanoke and recommending that the report be referred to the City Manager for study, report and recommendation to Council: "January 15, 1971 ltonorable Mayor Mebber and City Council Roanoke, Virginia Gentlemen: The Roanoke High.ay Safety Commission Is entrusted with the res- ponsibility of preparing annual program in highway safety for City Council. This proRram, subsequent to the approval of Council, is formarded to the Governor of Virginia as required by the lams of the Commonwealth. Such has,been the case in 196fi.and 1969. Due-to additionalrequirements imposed on the local highmay safety commission during the month of ~ovenber 1970. by the Virgig a Highway Safety Division, the Roanoke program could not be co~pleted and placed in the hands of Council to meet.the December 31st, dead- line as set forth In the lam. The Commission is proceeding with the completion of this work ~ithout further delay and expects to have the program in your hands mithln the next thirty days. One task objective mas brought mit]in sight in 1970, when a VirginiaModcl Traffic Code for Municipalities was made available to Roanoke through the Virginia Highway Safety Divisi~. The objective mill be attained when the assigned committee completes its work and the new traffic code is adopted. 421 Progress in attaining the iask objective in Emergency Medical Services is also in vie*'and capable of completion in the near future. . ............ Mlth the assistance of the.Bureau of Eme~oeBc~.Medlcal Services, Virginia Department of Health guidance has been developed in outline form tn provide Roanoke mith · formal program in Emergency Medical Serrice~. The adoption and implementation of these recommendations mill eliminate lay deficiencies pertinent to.Federal flighmay safety Standard Ho. 311~ Emergency Medical Services. It fs the recommendation of the Eoanoke fffghmny Safety Cammfzsfoa that the report mhich is enclosed heremith be referred to the City Manager for his study and report with recommendation. Respectfully submitted, James D. Sink James D. Sink, Chairman~ Mr. Lish moved that Council concur in the request of the Rom oke Highway Safety Commission and that the matter be:referred to the City Manager for study, report and recommendation to Council. The motion mas seconded by Dr. Taylor and unanimously adopted. BUDGET-AUDITORIUM-COLISEUM: Council havhg referred to a committee for tabulation, report and recommendation bids received en the installation of draperies and drapery hardware in the Roanoke Civic Center, the committee submitted the folloming report recommending that the lam bid Of Leonard*s Draperies, in the amount of $12,OB0.00, be accepted, and that $4°080.00 be appropriated to Roanoke Civic Center under Section e89, "Transfers to Capital Improvement Fund," of the 1970- ibudget, to provide additional funds in connection with awarding the contract: ~Roanoke, Virginia January 25, 1971 Hooorable Mayor and City Council Roanoke, Virginia Des~tlemen: After due and proper advertisement, bids mere received and opened before City Council for thc provision and installation of draperies and drapery hardware in the Civic Center anditsrlum. Five bids mere received with the bid of Leonard's Draperies, Daileys Crossroads, Virginia, in the amount of $12,0B0 being bu for the base bid, while the bid of Jules Henri, Alexandria, Virginia, in the amount of $4,760.O7 sas low for the alternate No. I (to provide only drapery paaelsL The alternate bid of Leonard*s Draper~s mas $4780. The committee mould like to call to City Council's"attention that these bids are $5000 less than previous bids received. This reduction in bids wa~ obtained by reducing the fullness of the drapes from 120 percent to 100 percent and by revising the method of hooking the drapes to the hardmare. There vas no change in the hardmare itself. City Council has provided $6000 for the purchase and installation of these draperies. The committee unanimously feels that the use of full draperies should be provided in lieu of drapery panels. Should the meZzanine lounge of the auditorium be utilized for a private party, drapery panels as provided under alternate No. I ~ould provide no privacy to the people utilizing the facility. For this reason, your committee recommends that Oiy Council Dive serious con- sideration to appropriating an additional $4,080.00 to the Civic Center Cal/Zal Fund Account to provide full draperies for the Civic Center auditorium and it mould be furthel'recommended that City Council accept the los bid of Leonard's Draperies of iaileys Crossroads, Virginia, in the amount of $12,080 and reject all other bids. Respectfully submitted, S! Blron E. Hamer · · ' ' Byron E. Hamer S/ Eomard ~. Radford Howard E. Eadford S/ John Kelley John Kelley S/ E;ely~ S. Turner Evelyn S. Turner S/ John Chappelear John Chappelear' Mr. Trout moved that Council concur in the recommendatb3 of the committee and offered the folloming emergency Ordinance amarding the contract for the draperie~ and drapery hardware: (z19495) AN ONDINANCE providing for the furnishing and installation of draperie~ and drapery hardware in the Eoanohe Civic Center, upon certain terns and conditions; and providing for an emergency. (For full textof Ordinance. see Ordinance Hook No. 35, page 115.) Mr. Trout moved the adoption of the Ordinance. The motion mas seconded by Mr. Thomas and adopted'by tne following vote: AYES: Messrs. Garland, Lisko Taylor,· Thomas, Trout, Mheeler and Mayor #ebber ..........~ .......... 7. NAYS: None .... -~-0,· In this connection, Dr. Taylor offered the following emergency Ordinance appropriating $4',060.00 to Roanoke Civic Center under Section #Og. *Transfers to Capital Improvement Fund," of the 1970-71 budget, to provide additional funds in connection with amarding the contract: (=19496) AN ORDINANCE to amend and reordain Section #69, "Transfers to iCapital Improvement Fund." of the 1970-71 Appropriation Ordinance, and providin~ for an emergency. (For full text of Ordinance, see Ordinance Hook No. 35, page 116.) Dr. Taylor moved the~opt/on of the Ordinance. The motion was seconded by Mr. Tbom s and ad~pted by the following vote: AYES: Messrs.' Garland, Lisk, Taylor, Thomas, T~mt, Wheeler and Mayor Webber ................... 7. NAYS: None .... O. OUOGET-AUDITORIUM-COLISEUM: Council having referred to n committee for tabulation, report' and recommendation bids received on the installatian of dressing room wardrobes, dresslngtables and office cabinets for use in the Coliseum, Auditorium and Exhibit Hall in the Roanoke Civic Center, the committee submitted the folloming report recommending that the lom bid of Hodges Lumber Corporation, in the amount of $16, 630.00, be accepted, and that $g,225.00 be appropriated to the Roanoke ~423 Roanoke Civic Center under Section 889, "Transfers to Capital Improvement Fund,' of the 1970-71 budget, to provide additional funds in connection with awarding the contract: "Roanoke, Virginia January 25, 19TI 8onnrab]e Mayor nnd City Council Roanoke, Virginia Gentlemen: After due and proper advertisement, bids were received nnd opened before Cfi y Council on Monday, January Il, 1971, for provision and installation of dressing room wardrobes, dressing tables and office cabinets for use in the ticket amies office in the Colisenw, Auditorium and guhibit Three bids were received w'ith the bid of 8odges Lnuber Corporation of Roanoke, Virginia. In the awount of $18,830 being low. The funds as ~ovided for this equipment under the capital fund project totals $9,60§ or there is the low bid. The low bid as submitted by Budges Lumber Corporation is within the latest estimate of the architect for supplying this equipuent. The Auditorium stage contains seven dressing rooms which contains 36 wardrobes with a total of 117 linear feet of wardrobes. They Chh- rein 112 linear feet of single-faced dressing table and 47 l~ear feet of double-faced dressing table. As bid. these dressing tables include all of the necessary electrical fixtures to provide the proper lighting for the entertainers for use in applying their makeup, et cetera. in addition the bid provides for 66 linear feet of office counters and cabinets to be used by ticket sales personnel at the various ticket office windows. The dressing room equipment and the office cabinets are custom wade and a performance bond and bid bond required. To comply with the Building Code, fireproof materials such as formica are required. The architect before bidding this equipment considered the use of stock metal and stock wood equipment, however, these were too expensive and no stoch wardrobes and dressing tables were available. According to the architects' estimate approximately $4,000 of this bid hcludes the electrical and mirrors. City Council possibly would reoember that the funds for this work was set up three years and four months ago and there has been a considerable increase in cost for this work over this period of time. It Is regretable that the low bid in So much more than the funds available. Nevertheless as these counters, dressing tables and wardrobes are an integral part of the overall project and as it is felt that the Civic Center could not possibly operate without thts equipment and further as the architect considers the bid of Bodges Lumber Corporation to be a reasonable bid, it is the recommendation of your committee that City Council appropriate an additional $9,225 to the Civic Ce~er capital fund account and accept the bid of Bodges Luncer Corporation in the amount of $18,630. Respectfully submitted, S/ Byron E. Hamer. Byron E. Haner, Chairman S/ Howard E. Radford Howard E. Radford S/ John C/appelear John Chappelear $/ John Kelley John Kelley* . Mr. Wheeler-moved that Council concur in the recommendation of the commune and offered the following emergency Ordinance awarding the contract for the installation of the dressing room wardrobes, dressing tables and office cabinets: ,! (n19497) AM ORDIMAMCE providing for the furnishing nod installation of dressing room wardrobes, dressing tables and offico cabinets for nme in the Romoke Civic Center, upon certain te~m~ and conditions; and providing rot an emergency. (For.full text of Ordinance. see Or. nonce Boob No. 3~page Mr. Wheeler moved the adoption ut the Ordinance. The motion was seconded by Mr. Trout and adopted by,the foll~wing vote: AYES: Messrs. Garland, Llsk, ~aylor, Thomas, Trout, Wheeler and Rayor ~ebber ................... 7. NAYS:' Mone ..... Oo In this connection, Mr. Thomas offered the following euergency Ordi3anoe appropriating $9,225.00 to Roanoke Civic Center under Section #89, "Transfers to Capital Improvement Fund," of the 1970-71 budget, to provide additional funds in connection with awarding the contract: (u19498) AN ORDINANCE to amend and reordain Section nog, 'Transfers to Capital Improvement Fund," of the 1970-71 Appropriation Or~ nonce, and providing ~or an emergency. (For full text. see Ordinance in Ordnance Book No. 35, page 117.) Mr. Thomas moved the adoption of the Ordinance. The motion nas seconded by Dr. Taylor amd adopted by the following vote: AYES: Messrs. Garland. Link, Taylor, Thomas, Trout, Wheeler and Mayor Webber ................. NAYS: Non~--O. AUDITORIUM-COLISEUM: Council having referred to a committee for tabulatio report and recommendation bids received on furnishing portable folding platform risers and runways for use in the Roanoke Civic Center Auditorium. the committee submitted the following report recommending that the low bid of Virginia School Equipment Company. in the amount of $3,6S~.$0, be accepted: "Roanoke, Virginia January 2~, 1971 Honorable Mayor and (~ty Council Roanoke, .~irginia. Gentlemen: After .~ue a.nd proper advertisement, bldsmre received and opened on January 4, 1971, before City Council for toe purchase o~ portable ~olding platform risers and runways ~or use in the new Civic Center'~ud*~torinm. Tho portable foldin9 platform risers are to be used on the stage for hand, orchestra and choral groups, while the runway ~s ~o be utilized to bridge the orchestra pit for such activitiesas the Miss Virginia Pageant. Although hlds were solicited from several concerns, only' one bid was received, that of Virginia School Equipment Company of Rich- mond, V~rginia, in the amount of $3,657.$0. ~he Virginia School Equipment Company bid on Mitchell Manufacturing Company equipment, thatupon mhich the specif~cations were based; therefore, as the equipment complies with tho City's specifications and as it is uithiu the funds provided, it would be the committee*s recommendation that the btd of Virgilia School Equipment Company in the amount of $~.657.50 be accepted. 425 '] Respectfully submitted° S/ H~ron E. Honer ~ Hyron E. Naa~'r S/ Howard E. Radford Howard E. Radford 'SI John M. Chappeleur, Jr. John Mo Chappelear, Jr." Mr. Wheeler moved that Council Concur in the recommendation ~ the conmitt tad offered the following emergency Ordinance: (a19499) AH ORDINANCE providing for the purchase and acquisition of )ortanle folding l~atform risers and runways for use in the Roanoke Civic Center tnditorium, upon ~erta~n terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 35, page Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by M~. Zhomas and adopted by the follnwing vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Ma~or 'ebber ......................... 7. NAYS: None ..........O. AUDITORIUM-COLiSEUM: Council having referred to a committee for tabulation eport and recommendation bids received on providing lobby and lounge furniture for the Roanoke Civtc Center. the oommittee'submJtted, the following report recommending that the low bid of Everett #uddey, in the amount of $?,R64;??. be accepted: "Roanoke, Virginia January 25, 1971 Honorable Mayor and C~ty Council Roanoke, Virginia Gentlemen: After due and proper'advertisement, bids were received and opened before City Council on Monday, Jannary Il, 1971, for pro- riding lobby and lounge furniture for the Roanoke Civic Center. Only two bids were received, with one being only a partial bid. woile the bid of Everett Maddey in the omount of $7.264.?7 was the low complete bid. Everett Maddey's bid is to provide exactly that equipment specified and is within the funds appropriated, It is your committee's recommendation that City Council accept the low bid of Everett Maddey in the amount of $?.2~4.?~ and .reject the other partial bid. Respectfully submitted, S! Hyron K. Hamer Hyron E. Hamer S/ Howard K. Radford Howard E. Radford S/ John N. Chappelear, Jr. John M. Chappeiear, Jr. S/ John A' Kelley, John A. Kelley~ 427 ' Mr. Thomas moved that Council concur in the recommendation of the comulttee and offered the following emergency Ordhance: (u19500) AN ORDINA~C£ providing for the purchase and acquisition of lobby and lounge furniture rut use in the Roanoke Civic Center, upon certain term and conditions; and provi~i~ for an emergency. (For full text of Ordinonce, see Ordinance Book No. 35, page 119.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Lish and adopted by the following vote: AYES: Messrs. Garland, Lish, Taylor, Thomas, Trout, Nheeler and #ayor Mebber .................. NAYS: None---O. AUDITORIUM-COLISEUM: Council having referred to a committee for tabula- tion, report and recommendation bids received on providing metal, plastic and wood letters to be utilized in identifying the various areas of the Roanoke Civic Center. the committee submitted the following report recommending that the low bid of Malines Brothers Company, in the amount of $1,084.00, be accepted: "Roanoke, Virginia January 25, 1971 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: After due and proper advertisement, bids were received gu Mon- day, January 11. lg?l, and opened before city Council to provide metal, plastic and wood letters to be utilized in identifying the various areas of the Civic Center. Three bids were received ulth the bid of Mallace Brothers Company in the amount of $1084.00 being low. As the metal, plastic and wood letters bid by Nallace Brothers Company meet the requirements of the specifications and as the bid is within the funds allocated for this purpose, it is the recom- mendation of your committee that City CoUncil accept the low bid of Mallace Brothers Company and reject all other bids. RespectfUlly submitted, S/ Byron E. Baner Byron E. Haner S/ Howard B. Radford Homard E. Radford S! John #. Chappelear, Jr. John M. Chappelear, Jr. S! John A, Kelley John A. Kelley" Dr. Taylor moved that Council concur in the recommendation of the commltt~ and offered the following emergency Ordinance: (n19501) AN ORDINANCE providing for furnishing and installing certain plastic and wooden letters to be utilized in identifying various areas at the Roanoke Civic Center, by accepting the proposal of ~allace Brothers Company, upon certatn terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 3S, page 120.) ' D~. Taylor no'ed tie ado~t~on~ of'~he Ordinance. The not'f~n was seconded by Mr, Mheeler end adopted by the following'vote: AYES: Messrs. Garland. List, T~yl~r, ~om~s. Trout', Uheeler and Mayor NAYS: None ...... O. UNFXNISnED "OS~NESS: "ON£. r coNsiDERATION OF CLAIMS: NONE`. II~RODUC~ION AND CONSIDERATION OF ORDINANCES AND RESOLt~IONS: ZONING: Ordinance No. 19474, rezoning property located et 1555 and 1563 Lafayette Boulevard, N. l., described us Lot 4, Block 1§, Map o! Villa Beights, Official Tax Nos. 2450201 und 2450202, from C-I, O~lce and Institutional District, to C-2, General Commercial District, having previously been before Council for its ~J~st reading, read and laid over, was again before the body. In this connect'ien,.or. Boynard'B.'Luw: appeared ~e~ore Council and pre- sented a petition signed by 21 residents in {he area ~bjectin~ to the proposed rezaning. Approximately slx persons also appeared before the Council in opposition to the request tot eezouing. ~ith reference to the mutter, the Reverend R. S. Allison, Pastor, Ebenezer A~rican Methodist Episcopal Church, appeared beYore the body in support of the request [or rezoning. A~ter a lengthy discussion of the request, ir. Garland moved that the matter be referred to the City Attorney for preparation of the proper measure authorizing Oabney ~i~e Company to operate in the premises with the understanding that this special pernlt wiX1 apply only to D.obney Tire Coupon! and no ~uture tenants and that the present zoning of C-I, O~ice end Institutional District, will remain in effect. The motion was seconded by Or. Taylor end unanimously adopted. BUDGET-DONATIONS-COUNCIL: Ordinance No. 19485, amending and reordaining Section al, "Council," o~ the lqfO-?l budget, providbg funds representing a donation toward the restoration O~ the Botetourt County'Courthouse, having previously been before Council for its first reading, read and laid over, was again before the body, ~r. Thomas o~tering the ~olloning for its second reading and ~inoi adoption: (g19485) AN ORDINANCE to emend and reorduin Section #1, "Council," of the 1970-71 Appropriation Ordinance. (For £ull text,'see Ordinance in Ordinance Boot No. 35, page 107.) ir. ~honas moved the udoption n~ the Ordinunce. The motim was seconded by Mr. Trout and adopted by the £ollowing vote: AYES: Messrs. Garland, Lisk, Taylor, ~honas and Trout ........5. NAYS: ir. #heeler and Mayor Mcbber ......................... 2. SPECIAL PERNITS: Council having directed the City Attorney to prepare the proper measure authorizing issuance of revocable, non-transferable permission to the Church of God to teBporurllI park and maintuin a clussroom trailer upon premises located at 1907 end 1913 Williamson Road, N. E., upon certain terms and couditkns~ he presented same; whereupon, Hr. LJsk offered the following Resolution: (n19502) A RESOLUTION authorizing Issuance of revocable, non-transferable permission to the Church of God to temporarily park and maintain a classroom trailer upon premises located at 1907 and 1913 Rllliamson Road, N. E., upon certain terms and conditions. (For full text. see Resolution in Resolution Book No. 35, page 121.I Mr. LIsk moved the adoption ut the Resolution. The motion was seconded bi Or. Tailor and adopted by the following vote: AYES: Messrs. Garland. Lisk, Taylor. Thomas, Trout, #heeler and Mayor Nebber ..................7. NAYS: Rune .... O. SALE OF PROPERTY-ZONING-STATE HIGRNA¥S-INDUSTRIES: Council having dlrecte( the ~lty Attorney to prepare the proper measure approving the plans for a nam indus- trial access road extending westerly from 10th Street. N. R.. proposed as State Highway Project 9999-128-103. C-SO1, C-§02. entitled "Access Ruud - Racke Vending Company - City of Roanoke from the intersection of loth Street, H. M., to 0.091 miles west of the intersection of Court Street, N. N.." he presented same; whereupon, Rr. Trout offered the following Resolution: (~19S03) A RESOLUTION approvin~ the plans for a new industrial access road extending westerly from 10th Street, N. W., proposed as State Highway Project 9999-128-103. C-501, C-502. (For full text of Resolution, see Resolution Book No. 35, page 122.) Rt. Trout moved the adoption of the Resolution. The motion mas seconded by Rt. Wheeler and adopted by the following vote: AYES: Ressrs. Gurlaud. Lisk. Taylor. Thomas, Trout, Wheeler and Rayor [ebber~-- ...................... 7. NAYS: None ........... O. HOUSING-SLUM CLEARANCE. GARBAGE REROYAL: Council having directed the Sttorney to prepare ~e proper measure signifying the present willingness Of the City of Roanoke to sell and convey to the C]~y of Roanoke Redevelopment and Housing Authorl the former Municipal Incinerator property, now unused, situate west of the inter- section of Shenandoah Avenue and Gilmer Avenue, N. E., upon a valuation to be later ~greed upon, he presented same; whereupon, Rr. Lisk offered the folloming Resolution: "-429 (nlgS04) A RESOLUTION signifying the Clty*a present mlllfngaena to sell aed convey to City of Roanoke Redevelopment and Housing Authority the City's former Hunlcipal Incinerator property, now unused, situate west of the intersection of Shenandoah Avenue and Gllmer Avenue, N. E., upon a valuation to be later agreed upon. (Por full text of Resolution, see Rezoluti~ Book No. 3~ page 123.) Mr. Link moved the adoption of the Resolution. The motion mas seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Lisk. Taylor, Thomas, Trout, Wheeler and Ha/or ~ebber ..................... 7. NAYS: None ........O. SALE OF PROPERTY-STATE HIGHWAYS: Council having directed the City Attorne to prepare the proper measure authorizing and directing the sale and conveyance by the City of Roanoke to the Commonwealth of Virginia of a triangular.shaped parcel of land containing 500 square feet. more or less. situate at the southwest corner of Elm Arenue and Fourth Street, S. E., being the southerly residue of Official Tax NO. 4020319, upon certain terms and conditions, he presentedsame; whereupon, Mr. Lisk moved that the following Ordinance be placed upon its first reading: (mlgS05) AN ORDINANCE authorizh9 and directing the City's sale and con- veyanc~ to the Commonwealth of Virginia cfa triangular shaped parcel of land containing SOO square feet, more or less, situate at the southwest corner of Elm Avenue, S. E. and Fourth Street. S. E., being the southerly residue of Official No. 40203!g, upon .certain terms and condi~ons. HHEREAS, the City is the owner of the parcel of land hereinafter described which, being held as surplus property and not needed for PUblic purposes, was the subject of an offer iv purchase made by the State Highway Department; and [HEREAS, the Council*s Real Estate Committee, to mhich said offer was referred, has reported to the Council and has recommended that said offer~ being equivalent to the price paid for the parcel of landby the City, should be accepted and that conveyance of the title to said property to the offeror be authorized and directed on the terms hereinafter set forth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the ~ale aid conveyance of the followiog described parcel of ladd situate in the City )f Roanoke, viz: BEING ~ triangular parcel of land contiinlngapproximately 500 square feet, and bounded on its northeast line by the southwest line of the new right=of-way for State Route 24 (Elm Avenneo S. E.) on its masterly line bythe east line of a lot now or formerly owned by E. L. Kamas and Georgia Karmas, and.on its south line by a lot now or formerly owned by Lillian P. Conner; said 500 square foot parcel of land being designated as Parcel "001' on Sheet O of the plans for State Highway Project 0024-128-101-RM-201, a copy of which said plans and said sheet are of record in the State Highway Plus BoOb in the Clerk*S Office of~the~Hustiugs Court for the City of Roanoke; and · .. ~EING ail!of the southerly residue of 0fficinl No, 4020319, according to the Tax Appraisal Msp~of the City Or Roanoke andlo~ated at'the southwest corner of Elm Avenue, S, and Fourth Street, S, E, conveyed to' the City of Roanoke by deed dated June 1, 1966, from L, R, Barbour, et al, of record fn the Clerh*a Office of the ~ostings Cants of the City of Roanoke in Deed Book 1201o st page 290; to the Commonweslth of Virginia, for end in consideration of $49,00, cash, hereby authorized and approved, subject to the terms and conditions herein provided, sad the City Clerk shall so notify said offeror by. transmittal of an attested copy or this ordinance, 8E IT FCRYH£M ORDAINED that the Mayor be, and he is hereby authorized and enpomered, for and on behalf of the City, to execute to the aforesaid purchaser a deed of conveyance drawn by the City Attorney conveying to said purchaser the fee simple title to ~be aforesaid lot, such deed to contain tee City's General Marranty of Title, and modern English covenants on behalf of the City, and to include, also, u covenant precluding any right of access to or from Elm Avenue. S. E., or Fourth Street. S. E.. via the northeast boundary line of the aforesaid property, said covenant to run mith the land and to be binding on the purchasers and assigns of the grantee of the City of Roanoke; and that the City Clerk be, and is hereby authorized and directed to affix to the aforesaid deed of conveyance the City*s corporate seal and to attest the same, both said officials to ~ereafter acknowledge their signatures as provided by lam. The motion mas seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Nheeler and Mayor Mebber ....................... 7. NAYS: None ............ O. . BUDGET-AUDITORIUM-COLISEUM: Council having directed the City Attorney ito prepare the proper measure transferring $104.16 from Other Equipment to Vehicular Equipment under Section u?7, *Civic Center** of the 1970-71 budget, to provide fun~ for the-purchase of a station wagon equipped mith air conditioning, Dr, Taylor 5ffered the following emergency Ordinance: (m19506) AN ORDINANCE to amens and reordain Section ~??, 'Civic Center** of the 1970-71 Appropriation Ordinance, and providihg for an emergency, (For full text ag Ordinance, see Ordinance Book NOn 35, page ]23.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and ad.ted by the following vote: AYES: Messrs. Garland, Link. Taylor, Thomas, Trout, ~heeler and Mayor Mebber 7. NAYS: None O. LEGISLATION-ALCOHOLIC BEVERAGES: Mr. Trout offered the folloming Resolutio: urging legislative enactment by the General Assembly of Virginia, or budgetary procedures, mhich would provide quarterly, rather than aunual payment to localities of their respective shares of the State's profits from alcoholic beverages and mine sales: 431 (~1950?) A RESOLUTION urging legialutJve ensctment by the General Assembl of Virginia. or budgetsry procedures, mb'ich would pray'Ida quarterly, rather than annual payment to localities Of their respective shares of the States profits from alcoholic beverage and mine sales. (For full text of Resolution, see ~esolutfon Rooh No. 35. page 124.) Hr. Trout moved the adoption of the Resolution. The motion mas seconded by Mr. Thomas and adopted by the folkwang vote: AYES: Messrs. Garland. Llsh. Taylor. Thomas. Trout. Rhenler and Mayor Rebber ..........................?. NAYS: None ............O. ~ LEGISLATION-TAXES: Hr. Trout offered the folloming Resolutbn urging enactment by the General Assembly of Virginia of legislation enabling localities at their option and for their own use. to provide for an additional one per cent general retail sales end use tax: (nlgSOO) A RESOLUTION urging enactment by the General Assembly of Virgin! of legislation enabling localities, ut their option and for their own use. to provide for an additional one percent (1~) general retail ~les and use tax. (For full textof Resolution, see Resolution Hook No. 35, page 125.) Mr. Trout moved the adoption of the Resolution. The motion mas seconded by Mr. Rheeler and adopted by the following vote: AYES: Messrs. Garland. Lisk, Taylor, T~omaso Trout, Wheeler and Mayor Webber ........................ 7. NAYS: None ........... O. MOTIONS AND MISCELLANEOUS BUSINESS: SEWERS AND STORM DRAINS-NAYER DEPARTMENT: Mr. Trout presented the follomi~ statement in connection with funds which may be available in ~onnectiou with semage treatment facilities after July 1, 1971, advising that it is most important for us to impress upon our consultants and also to advise the other members of the Fifth Planning District that we should accelerate plans to solve the Roanoke Valley semage problems immediately and recommending that me advise our consultants and the' Fifth Planning District of the need to accelerate the planning in order to qualify for the matching funds as soon as possible after July l, 1971: "January 21, 1971 Mr. Mayor and Members of Council: On Mednesdaye January 20, I had the happy occussion to hear the Governor recommend that the General Assembly appropriate some $12.5 million for the state*s share for local sewage treatment facilities. Some $9 million Of this mould be made available after JulI 1, 1971. This represents about $1 1/2 million over the reoommendation of State Senator William H. Hopkins. The Governor also commented about 80 localities mould be eligible to receive the funds. Therefore, the $9 million mould be msde available by the state and the matching funds of about $21 million representing the Federal Government*s 55~ matching share would give u total of $30 million for semage treatment facilities after July 1. The Governor pointed out that this money mould be distributed based on priorities. I feel it is most important for us to impress upon our consultants.and also to~udvise theother member~ orthe Fifth Planning District that ue should accelerate plu~s to solve the Roanoke Yal]ey*a remuge probleW~fwwedletely, Afte~ nil, we~ were given un impossible deadline by the State Mster Control Board and this in itself points out the importance of clashing up the Roanoke River flssln and being adjacent to the Smith Mountain Lake certainly adds to the importance of stepping up the table for clesning up of the river. It is wy recommendation that we advise our consultants end the Fifth Planning District of the need to accelerate the planning in order to qualify for the watching funds as soon ss possible after July l, 1971. S/ James Trout James O. Tvomtw AIRPORT: Mr. Trout presented tM following communication addressed to him from Mr. M. Calvin Falwell, Chairman, Aviation ~ Commercial Transportation Task Force of the Greater Lynchburg Chamber of Commerce, concerning a Joint airport to be utilized by the City of Roanoke and the City of Lynchburg: "January 4, 1971 The Honorable James O. Trout Vice Mayor City of Roanoke City Hall Roanoke, Virginia Bear Mr. Trout: I had the pleasure of viewing your discussion on MsLS-TY yesterday afternoon. I might odd that you did an outstanding job in ansmering all of the questions asked in great detail and I thoroughly enjoyed seeing and hearing this discussion. Since I am chairman of the Aviation and Commercial Transpor- tation Task Force of the Greater Lynchburg Chamber of Commerce, I found your favorable comments concerning a joint airport for Lynchburg and Roanoke to be most impressive. Please allow me to pass along my views on the subject. Several years ago our city manager, oar C~amber of Commerce executive officer, and myself talhed to your city mpnager informally about a joint airport for our cities. Me did not at that time get the project off the ground but I think the time is ripe for us to begin discussing the joint airport again. ' I am enclosing a copy of an editorial which appeared in Lyneh- burg"s'Dally Advance' on October 31 that you will find self-explan- atory. In my opinion, there are too many good reasons to go into this letter as to why a joint airport would be advantageous to both cities. Me all know that when Piedmont goes to all Jet equipment they will cut down on flights serving both cities. As we know, Greens- boro and Raleigh-Durham have one direct plane to Los Angeles. Perhaps with a regional type airport in the years to come we could also have such service. May I suggest that perhaps some of the city officials from both Lynchbur9 and Roanoke, as well as representatives of the Chambers of Commerce, sit down and put their thoughts together regarding the above. Frankly, I feel the time has arrived f~r action. Again, thanh you for allowing me to make the above comments. Your televised discussion was most educational and well done. Roping that our cities can get together and discuss this matter t~ the near future, I am Very truly yours, S/, R. Calvin Falwell M. Calvin Falwell, Chairman Aviation C Commercial Transportatim* Mr. Trout moved Shut the mutteVrbe referred to the Airport Advisory Commission for study, report nnd recommendation to Council, The motion mos Seoonded by Mr. LJsk and ~nanimously sdo~ted. PLANNING; The City Clerk reported that Messrs. Joseph D. Lamrence and John R. Parrots hare qnnlifled os memSer~ of*he City Planning Commission for terms Of four years each ~uding December 31, 1974. Mr. Llsh moved that the report be received and filed.' The motion mas secondod by Mr. Wheeler and u~animously adopted. HEALTH DEPARTMENT: The City Clerk reported that Mr. E. Griffith Dodson, Jr., has qualified as a member of the Community Mental Health Services Hoard for o term of three years ending December 31, 1973. Dr. Taylor moved that the report be received and filed. The motion mas seconded by Mr. Thomas and unanimously adopted. AIR POLLUTION CONTROL: The City Clerk reported that Mr. Thomas W. Urquhart has qualified as a member of the Advisory and Appeal Board, Air Pollution Control, for a term at four yearn ending December 31~ 1974. Dr. Taylor moved that the report be received end filed. The motion was seconded by Mr. Thomas and nnanJmously adopted. JAIL-PLANNINc-MBNICIPAL flUILOING-CAPITAL IMPROVEMENTS PROGRAM-POLICE DEPARTMENT: Cooncil having rescheduled its Committee of the Whole meeting concerning proposed improvements to the Municipal Building until the end of the regular meeting of Monday, January 25, 1971, the matter mas before the body. The City Manager presented plans for remodeling and updating the Municipal Ruildin9 for Se review of Council. After O discussion of the proposed plans, Mr. Wheeler moved that the plans be taken under advisement and that Council hold a special meeting on Wednesday, January 27, 1971, at 12:00 p.m., in the Council Chamber, for the purpose of tahing appropriate action on the matter. The motion sas seconded by Mr. Troot and unanimously adopted. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTE~: City Clerk Mayor ;-435 COUNCIL, SPECIAL ME"TING, Wednesday, Jmuary 27,'197i. The Conncil of the City of Roanoke met in special meeting in the Council Chamber in the Municipal Building Annex. Wednesday, January 27, 19?i,:at 12:00 p,m** uith Mayor Webber presiding. ~M~SF~qT~ Councilmen Robert A. Garland. David N. Link. Noel C. Taylor, Hampton R. Th,man. James O. T~oat, Vincent S. Wheeler and Mayor Boy L. Webber ...... 7. ABSENT: None ..............~ ....... ? ..................................... O. OFFICERS PRESENT: Mr. Julian F. l;lrst. City Manager, Mr. Byron E. Hamer, Assistant City RanaRer, Mr. James N. Cinnamon. City Attorney. and Dr. A. N. Gibson. Assistant City Auditor. INVOCATION: The meeting was Opened with a prayer by Dr. Noel C..Taylor, Member Of Roanoke City Council. Mayor Robber advised that the special meeting of Council was called for :the purpose of tahing appropriate action in connection with a request of the Roanoke Food Brokers Association and for certain proposed improvements to the Ronicipal Building. LICENSES-TAXES: Council having taken under advisement a joint report of the City Auditor and the Commissioner of the Revenue in connection with a request of the Roanoke Food Brokers Association that reconsideration be Given to that part of Ordinance No. 19453 in which the basic license tax rate On food brokers was increa by 500~, advisinG that it could not he conscientiously recommen~bd that Council 9rant the commission occupations a lower gross receipts rate mithout also recommending that the other trades and occupations affected by passage of the Ordinance also he Granted appropriate decrease in their gross receipts tax rate, the matter was again before the body. Mr. Wheeler offered the following emergency Ordinance amending and reordain in9 paragraph (c) Wholesale merchandise brokers. Section 51, Brokers, commission mernhan~, otc., Chapter U, License Tax Code, Title VI, Taxation. of The Code of the City Of Roanoke, 1956, as amended, providing that wholesale merchandise brokers shall pay a license tax of $55.00 plus $.55 on each $100.00. or fractional part thereof, of the Gross commissions or compensation derived from such business: (a19509) AN ORDINANCE amending and reordaining paragraph (c) Wholesale merchandise brokers, of Sec. 51. Brokers, commission merchants, etc., Chapter 8, License Tax Code, of Title VI. Taxation. of the Code of the City or Roanoke, 1956, amended, in certain particulars, providing for an emergency; and providing the effec- tive date of this ordinance. (For full text of Ordinance, see Ordinance Book No. 35, page Mr. Mheeler moved lhe adoption o~ the Ordinance. The motion nos seconded by Mr. Thongs smd odopted b7 the rolloulng vote: AY~ Messrs.'Garland. Link, Taylor. Thomas. Trout, Nbeeler. and Mm or Webber ............................ 7. ' ' : NAY5:' None ............. Oo MUNICIPAL.BUILDING-CAPITAL IMI~OVEMENTS ~ROGRAM: Council having deferred action on proposed improvements to the Municipal Building until 12~00 p.m., ,January 27, 19TI, the matter nas again before the body, Later during the meeting. Hr. Thomas moved that action on:the mutter be deferred.until the next regular meeting of'Council on Monday, February 1, 1971. The notion uss seconded by Mr. Trout and u~nimoutly adopted. There being no further business, #~or Nebber declared the meeting adjounred.' A P P R 0 V E D ATTEST: ' /CttI Clerk Ma~or COUNCIL, REGULAR MEETIRG. Rand&y, February 1, 19TI. The Council of the City of Roanoke wet in regular meeting in the Council Chamber in the Municipal Building Annex, Monday, February 1, IgTI. at 2 p,w.0 the regular ~eetJng hour, wJ~b Hayer Webber presiding. ~RESENT: Councilmen Robert A. Garland, David K. Lisk, Noel C. Taylor. Haupton Webber ..................... ABSENT: None ........... O. OFFICERS PRESENT: Mr. Julian F. Hirst, City Manager, Mr. Byron R. Hamer, Assistant City Ranager, Mr, James N. Rincanon, City Attorney. and Mr. J. Robert Thomas. City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Ralker Realy, Pastor. First Presbyterian Church. RINUTRS: Copy of the minutes of the regular meeting held on Monday. January 25. 1971, h~ing been furnished each number of Council. on motion o! Rr. Lisk. seconded by Mr. Garland, and unanimously a~opted, the reading thereof was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS ANO ALLEYS: Council having set a public hearing for 2 p.m., Ronda ~ebruury l, 1971. on the request of the City of Roanoke that all of that certain 10-foot wide alley, approximately 355.5 feet in length, running in an east-west dire ticn from the west line of Second Street, S. M., to the east line ~f Third Street, S. M.. through Block ~. Sheet Ho. 2, S. M., of the Map of the City's Official Survey, be vacated, discontinued and closed, the matter was before the body. In this connection, the City planning Commission submitted the following report recommending that the request be granted: "January 7, 197i The Honorable Roy L. Rubber. Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request was considered by the Planning Commission at its regular meeting of January 6. 197l. Edward A. Natt. Assistant City Attorney. noted that the Federal General Services Administration requested the City to take this action since the entire block which this alley bisects (Franklin Road, 2nd Street, Day Avenue and 3rd Street) is contemplated for a new Federal office building. (It should be noted parenthetically that the Federal government has purchased all the properties on this block, including the Lee Junior High School property). Finally. Hr. Matt noted that there were no utility problems associated with ibis alley vacation. The Pllnnlng Director stated that he hsd contucted the Public Moths Department. the Engineering Department. end the Water Department. end It wse determined that there were nn ntllJty Or easement problems associated With this alley closure, Accordingly. motion uss made. duly seconded and unanimously approved recommending to City Council that this request be granted. Sincerely. S! John H. Parrott by L,M. John B. Perrott The viemers appointed to study the matter submitted a written report advising that they have viewed the alley in question and the neighboring property and are unanimously of the opinion that no inconvenience would result to any individual or to the public from vacating, discontinuing and closing the alley. No one' appearing in opposition to vacatiug, discontinuing and closing the alley, Mr. Wheeler moved that the folloming Ordinance be placed npon its first reading: (nlOSlO) AN ORDINANCE permanently Vacating, discontinuing, closing and abandoning all of that certain In-foot wide alley, approximately 355.5 feet in length, running in an east-west direction from the west line of 2nd Street, S. M., !to the east line of Srd Street, S. N., through Block 5, Sheet No'. 2 S. W., of the City's Official Survey, the title to mhich said alley shall revert to the abutting owners; and authorizing the payment of viewers in connection with said alley closing WHEREAS, the Council has heretofore on its own motion proposed the *armament closing, vacating, and discontinuing and abandoning of the alley herein- after described and did, by Resolution So. 1~439, appoint viewers to view said alley and to report to the Council as provided by law; end further refer to the City Planning Commission the Council's proposal to permanently close~ vacate, discontinue and abandon said alley; and ~HEREAS, Messrs. Barry ¥. ~hitesJde, Jr., M. Dale Poe, and R. R. Quick, three of the viewers heretofore appointed as aforesaid, after making oath that they would faithfully and impartially discharge their duties as viewers, have taken a view of said alley and have reported to the Council in writing under date of January 6, lgT1, that in their opinion no inconvenience would result, either to any individual or to the public, from permanently vacating, closing, discontinuing and abandoning said alley; end the City Planning Commission, upon consideration of the Councfl*s proposal, has recommended to the Council in writing that said alley be permanently Vacated, closed, discontinued and abandoned; and ~BEREAS, ut a public hearing on the question of the closing of said alley, held at the Council meeting on the 1st of February, lgTl, at 2:00 o'clock, p.m., in the Council Chambers, after due and timely notice of such public hearing published in a local newspaper, no person appeared in opposition to the closing of the same as hereinafter provided; and 439 WHEREAS. the Council, is itselt, of.opinion that no Inconvenience mould result, either to any.individual or to the public, from permanently vacating, closfn~ discontinuing and abandoning that certain alley described in the aforesaid Resolution and in said Report of Viemers and hereinafter described, nnd that the sene should be permanently vacated, closed, discontinued, and abandoned an a public alley? the fee simple title to which will revert to the abutting owners, TBEEEFORE, ~E l! ORDAIHED by the Council of the City of Roanoke that the following described alley situate in the City of Roanoke, to-wit: All of that certain lO-foot wide alley located in Block 5, shown on Sheet Ho. 2 S. R., of the Map of the City's Official' Surve7, said alley extending in an east-west direction f~en the west line of 2nd Street. S. W.. approximately 355.5 feet to the east line of 3rd Street. S. a., and being located between Franklin Road; S. W., end Day Avenue, S. W., be, and is hereby permanently VACATED. DISCONTINUED, CLOSED and ABANDONED as a publi( alley, and that ail right, title and Interest of the public in general in and to snic former alley as a public alley and thoroughfare of the City, is hereby terminated and released insofar as this Council is empowered so to do, the City of Roanoke in Its corporate capacity reserving unto Itself, boaster, eli of its rights heretofore acquired in the nature of utility rights-of-nay in said alley. RE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directe( tn mark "permanently vacated, discontinued, closed and abandoned' that f~rmer alley herein vacated on all*maps and plats in his office, referring to the book and page Of 'resolutions and ordinances of the Council of the City of Roanoke wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk forthwith deliver tO the Clerk of the Hustings Court of the City of Roanoke an attested copy of this ordinance in order that the same be recorded in said las~uentioned Clerk*s Office and be spread in the current deed book therein, proper notice to be made on all maps and plats recorded in said Clerk*s Office upon which are shown that certain alley hereinabove permanently vacated, discontinued, closed and abandoned. SE IT FINALLY ORDAINED that tbs Council. pursuant to Section 15.1-364 of 1950 Code of Virginia, as amended, doth hereby authorize and direct the City's payment of $10.00 to each of the loll*win9 named viewers who hare acted in this matter in payment for their services, viz: H~rry M. Nhiteside, Jr., M. Dale Poe and i. R. Quick; the Council, further does hereby expressits appreciation to the aforesaid viewers for their services in this regard. The motion mas seconned by Mr. Link aid adopted by the following vote: AYES: Messrs. Garland, Link, Taylor, Thomas, Trout, Rheeler and Mayor Webber ..... -7. NAYS: None~--~O. PETITIONS A~D COMIUNICATIONS: INDUSTRIES-STAVE HIGBNAV$-STREET MA#ES: A'couunnicetlnn frou #r. Edmond T, Norris. Jr.. Executive Manager of the Roanoke Industri'nt Center, respectfully requesting that the street beginning et the present eastern extremity of Industry Avenue, S. E., and running in a southerly direction to the dead end ut premises non occupied by the Davis H. Elliot Company cud being the street constructed by the Virginia Department of Highways and accepted into the street system of the City of Roanoke during the fall of 1970. be designated as Progress Drive. S. W.. was before Council. Mr. Ljsk moved that the matter be referred to the City Planning Commission for study, report and recommendation to Council. 7he motion was seconded by Dr. Taylor and unanimously adopted. PLANNING-JAIL-POLICE DEPARTMENT-RUNICIPAL RUILDINO-CAPITAL IMm OVEMENTS PROGRAM: Copy of a petition signed by 15 employees in the Clerk of the Courts Offl addressed to Judge Ernest N. Ballon, respectfully requesting that he reject the proposed plea. as concerns the Clerk of Courts Office, which will be presented to him by Roanoke City Council, mas before the body. Mr. Thomas moved that the petition be referred to the City #manger for his information. The motion was seconded by Mr. Trout end unanimously adopted. SE~ERS AND STORM DRAINS: A communication from Hr. H. No Uustadter, First Vice President, Rllson Trucking Corporation. requesting the approval of Council for the relocation of a sanitary sewer in the vicinity of Lone Oak Avenue and Larchmood StreW, N. E., end the abandoning of the existing easement area to be relocated, was before Council. Mr. #heeler me,ed that the matter be referred to the City Manager for study, report und recommendation to Council. The. notion was seconded by Mr. Trout and unanimously adopted. R£PORTS OF OFFICERS: BUOGET-AUOITORIUM-COLISEUN: Council having concurred in a report of the Roanoke Civic Center Advisory Commission recommending that street and highway signs giving directions to the Roanoke Civic Center be promptly erected with the official trademark of the Civic Center and that ~e name "Roanoke Civic Center" be a prominent ~art of the design, the City Manoger submitted tbs following report recommending that ~550.00 be appropriated to Operating Supplies and Materials under Section n59. "Stree end Markings,- cf the 1970-71 budget, to provide funds for manufacturing the 4~ individual slgns~ be used for said purpose: "Roanoke, Virginia February i. lg?l Honorable Mayor and City Council Roanoke, Virginia lair-Civic Cantar colmittbn has proposed, to-and received your . concurrence in n design for sJ~ns to be dsed along the public roadusys dasignating the.directlon'to the_new Roanoke Civic Canter. :Thase ' The musher of such installations his been reduced considarably from an original number 8eggested.and it in now considered that 47 such individual sig~Smould be the propar number. It is the intention that a 24 by 36-inch sign be Installed at the corporate limits dong the waJor numbered highways. The majority of the signs would be 1B-inch by 24-Inck,~posted at appropriate Intervals along the major thorough- fares leading into the cia! and toward the Center. Whare signs would be appropriate within the downtown area, because of space limitations on existing poles, they would be of 12-inch by lB-inch size. It would be anticipated'that the budget rot tigris in succeeding years would necessarily be increased by approximately $1SO in order to maintain these signs. The pending improvement, proJact on Orange Avenue, U. S. Route 460, in the vicinity of the Civic Center, is to include overhead installations near the Intersection of lJlliamson Road. Hr. Clark, Public Works Director, advises that he is inforwed that these over- head installations will include appropriate signs pointing to the Civic Censer at this intersection. The cost of the manufacturing of the 47 individual signs will necessluse an increase of $550 in Traffic and Communications Account No. 59-320. It is necessary to recommend to the City Council that this appropriation be made. Respectfully submitted, S/ Julian F. Hlrst Julia~ F. Hirst City Ranager" Dr. Taylor moved that Council concur in the recommendatial of the City Manager and offered t~ following emergency Ordinance: (mi9511). AN ORDINANCE ~ amend and reordain Section sSg, "Street Signs and Markings," of the 1970-?1 Appropriation Ordinance, and providing for an (For full text of. Ordinance. see Ordinance Book No. 35, page 1~?.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the folloming vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ? NAYS: None O. BUDGET-MUNICIPAL BUILDING: The City Ranager submitted a written report recommending that $153.4D be appropriated to Maintenance of Building and Property under Section s64, "Maintenance of City Property," of the 1970-71 budget, to provide funds in connection with a service contract on two elevators in the old Municipal Building. Mr. Wheeler mored that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n19512) AH ORDINANCE to amend and reordaln Section =&4, "Eaintenance ~ City Property," of the 1970-71 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 35, page 128.) M~Wheeler moved the adoption of the Ordinance. The motion mas seconded by Mr. Thowos and adopted by the following vote: AYES: Messrs. Garland, ~ish, Taylor, Thomas, Trout, Wheeler and Mayor Webber .7. NAYS: None O. BUDGET-REGISTRAR-EL£CT~ONS: The City Manager submitted the following report in connection with appropriating $1TO.O0 to Personal Services under Section SSS. *Electoral Board," o~ the 1970-71 budget, to provide funds to increase the solar of ~he City Registrar from Range 19, Step 4, to Range 19, Step 5, effective February 1, 1971: "Roanoke, Virginia February 1, 1971 Honorable hayor And City Council Roanoke, Virginia Gentlemen: This is a followup on the general matter of salaries as pre- sented at your meetings on January IG and 25 and your request that the matter of the salary of the (~ty Registrar be returned. This position in the 1969-T0 budget was classified in Range 17. Because of increased scope of responsibilities assigned by new voting laws to the office of the Registrar, the position was recommended to be upgraded to Range 19o In the process of the upgrading, the Council salary committee andthe City Council applied the 5 percent increase limitation to this position so that in moving from Range 17, Step b to Range 19, Jagging into Range 19, the position was moved back to Step 4 in that Range. This provided an increase from $642 per month to $6T4 per month. The application of a further $ percent increase for the General Registrar would place the position in Range 19, Step 5, $708 per month. A budget ordinance has been prepared providing this to be effective February 1, 1971. As commented upon your last meeting a policy amendment is. believed to be advisable which would generally apply to other situations especially those occurring in the future of range changes and Job reclassifications in order that similar handling might be applicable to all and the procedure anticipated. Respectfully submitted. S/ Julian F. Hirst Julian F. Eirst City Manager* Mr. Thomas moved that Council concur in' the report of the City Manager and offered the following emergency Ordinance: (n19513) AN ORDINANCE to amend and reordain Sect~ ~95, "Electoral Board** of the 1970-71 Appropriation Ordinance, and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book ~o~ 35, page 126.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Lash, Taylor, Thomas, Trout, Nheeler a~d Mayor Eebber ....................... NAYS: None O. 443 LIBRARIES-BUDGET: The City Uansger submitted the following report recom- mending that $19,264.?S be upproprioted to Operating Supplies and Materiels under Section sGO, *Libraries,' of the 1970-71 budget, ~n connection with state smd federal Grant-in-Aid rands, providing that this be a fully refundable appropriation by corresponding increase in revenue: 'Roanoke. Virginia February 1. 1971 Honorable Mayor and City Council Roanoke. Virginia Gentlewen: Tho 1970-T1 budget for the operati~ of the Public Library antici- pates · Grant-in-Aid from the Commonwealth as general fund ravenna of $20,000. This Grant-in-Aid combines state and federnl funds. It is primarily applicable to the purchase of books and related needs. We are advised that there can be provided to the City of Roanoke additional federal funds over that anticipated at the ti me the budget was prepared. These additional funds cannot be used to offset local expenditures, but are prescribed to be in addition to that already allocated. It is, therefore, recommended that the City Council by budget ordinance amendment increase Oepartment Code O0. Object Code 320, Operating Supplies and Materials, from $110,000 to $129,264.75; and, further, providing that this be a fully refundable appropriation by corresponding increase in revenue. Respectfully submitted, S/ Julian F. Hlrst Julian F. Hirst City Manager# Mr. Thomas moved that Council concur in the recommendation of the City Manager and offered the ~ollowing emergency Ordinance: (~19514) AN ORDINANCE to amend and reordain Section mbO, "Libraries," of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 129.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland. Lisk. Taylor, Thomas. Trout, Nheeler and Mayor Mebber NAYS: None O. BUDGET-DEPARTMENT OF PUBLIC NELFARE: The City Manager submitted the following report in connection with overdrafts in the General Relief and Aid to Permanently and Totally Disabled accounts, requesting that $2,031.69 be appropriated to General Relief and that $2.643.B1 be appropriated to Aid to Pereanently and Totally Disabled under Section ~37, 'Public Assistance," of the 1970-71 budget: *Roanoke. Virginia February 1, 1971 Honorable Mayor and City Council Roanoke. Virginia Gentlemen; In conformance with City Council's request that Council be furnished with information as soon after the close of each month us possible and that no overexpenditure, be Bnderor autbnriued'la any monthuithout prior approval ~f Couaell?lhii ~'6¥~li:uide',' ' As · reoult' of~Welforb~B0ord.h~tl~w~s~t'n~ea~ os~ 1G, 1971, the date Council passed this notionb the Januo~y"expeadi- tares for' General Relief are $31',533,33/~Thl's'exceeds the~'wbnthly appropriation of $19,501,66 by $2,031.69. The City's share of this amount Is STG1. GO. In addition,' the Aid tn Ferannently. nnd Totally Disabled January expenditures mere $44,611,$0, while the monthly appropriation mas $41,767,69, Thh expenditure exceeds the monthly appropriation by $2,843,81, o~ which the Clty*n shore Js $372,82, The APTO Account may be expected to increase during the next year due to changes in the Interpretation or disability rectors, Aa u result of these changes, localities may expect u redaction in their General Relier caseload in the future; however, this does not appear to be the case during the month or January as both o! these accounts hare exceeded our expectations. The General Relief Account was one of the accounts that Council increased on Jauuary 10, 1971. It would be asked that City Council appropriate en additional $2,031.69 to Public [elrare Department No. 37, Object Code General Relief, nnd $2,843.01 to Object Code 275, Aid to Permanently end Totally Disabled to balance these accounts. Rather than request funds for the remaining months of the fiscal year, It is preferred to observe February to see Jr the January situation is u one time Respectfully S~mitted S/ Julian F. HOrst Julian ~. Hirst City Manager" Mr. Thomas moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (m19515) AN ORDINANCE to amend and reordain Section naT, "Public Assistunc of the 1970-71 Appropriation Ordinance, and providing rot an emergency. (FaF roll text Or Ordinance, see Ordinance Cook No. 35, page 129.) Mr. Thomas moved the adoption or the Ordinance. The motion mas seconded by Mr. Link and adopted by the following vote: AYES: Messrs. Garland, Link, Taylor, Thomas, Trout, Wheeler and Mayor Webber T. NAYS: None ............ O. MUNZGIPAL BUILDInG-CAPITAL IMPROVEMENTS PROGRAM: The Eity Manager sub- mitted the following report~an?mitting six recommendations which were formally submitted to Couucil acting us a Committee of the Whole at its meeting on January 25, 1971, with regard to renovation, rearrangement and relocation of certain court and municipal facilities: ~Roanoke. Yirginle February 1, 1971 Nouorable Mayor And City Council Roanohe, Virginia ~his is to formally Submit to the City Council the recommendations made on January 25, 1971. to the Council as a Committee of the ~hole court and municipal facilities. In brief summary these recommendations are es follows: e 1. ~hut the ¢ourth'o~se building be remodeled us to Interior occupancy fu general accerdouce mltb the floor plans as pre- pe'redby Hayes;' Sear. at,tern a~nd #at,ere end as presented on January 25. 1971. 2. That the procedure in the work in the courthouse building os to cost generally follow the intent that the expenses of plumbing revisions be first provided for. the expenses of additional stalruays on the south side of the building be secondly p.rovlded rot. that the expenses of the lookup and adjunct areas be thlrdlr provided for and that the remaining funds out of current appropriations be applied to the additional murk to the extent that funds ere available. 3. That the Juvenile and Domestic Relations' Court be relocated from Rorer Avenue to the Third Street Annex building (former Reid and Custshall} end mi,him the neu or no,th unit of that building. retaining as much space as feasible for other uses al,him.the north unit. 4. That tee Police Department be relocated to the Third Street Annex building and fete the elder or south unit occupying both floors. S. That the Council authorize the Cia! to'enter into a contract with S/ Julian F. Hirst Julian F. Hits, City Manager" February 1, 1971 Agenda record. The 1970 list shows 'only figures from one Roanoke Buckskins a covering bond. of $33,105.00 season tickets sold. They prorated this over a period of 6 games scheduled and paid rental of 94,008.70 for the August cane to $9,230.1g. Eight percent of this for rental came to FIve percent er this amount mould be $461.51 ar $2T6oe9 less than amount~psld'at'cont~uct"requlve~ents~. ~he re~tal of August 19.'1970; does'not'include $50.O0'fu~,use of lighti and $35.00 for Audio system. Thls'mo~ld mate the total ambunt read $823,40 paid. The amount Of cost to the City for police overtime for the eight games played ~cme' to $2.437.34 or an average of $304~6~ per  ame. It cost-the Department or Parks and Recreation around 300.00 per game to prepsr'e th~ Stadium for each of their games. In summary City costs aa to policing and stadium preparation total approximately $604.67 per game bused on the above. Rental payments by the Buckskins, based on above, mould average, at B percent, about $738,40 or at 5 ~ercent, $461.51. Rental of lights ($50} and of audio ($33) are offset by City specific cost for thoseltems. From the above, it can be stated that at the H percent rental rate the difference to the City on the plus aide against Just the Sma items of police and field preparations Is $133.73. At the 5 percent rental rate, the difference on the minus side for just Sma items, based on last year, is $143.16. These figures and costs do not In any way take into account the overall operational costs of the Stadium and the provision of the Stadium as a facility itself. As example, largely in anticipation of the Buckskins. the City in Aegust, 1970, added additional field lighting at a cost of $10,000 and purchased a new field cover in 1969 at a cost of $12,480. In summary, I think when the line is drawn this closely on just the Sma items of preparation and policing that it can be reason- ably said that the City is contributing the Stadium and other expenses at no cost to the professional team and their program. In effect, the question narrows to uhether the organization should or should not reimburse the City for the cost of policing and the cost of preparing the field and cleaning the Stadium for each individual game. To go further seems questionable. Respectfully submitted, S/ Julian F. Hirst Julian F. Birst City Manager" Mr. Link moved that'the report be received and filed. The motion was seconded by Mr. Garland and unanimously adopted. PAY PLAN-CITY EMPLOYEES: Council having concurred in a report of the City Ranager in connection with changing pay periods for city employees from the present twice per month schedule to every sma weeks, suggesting, that the proposal be held under consideration for a week minimum to enable the gathering of any further reactions among city personnel and for any opininns that Council or other~ may have, the City Manager submitted the following report concluding that there urn mixed feelings among city employees on the matter, that there are no objections to the change administratively and recommending that ~f the change is approved by Council it become effective July 1, 1971: "Roanoke, Virginia February 1, 1971 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The City Council has had before it thrum0h Vice Mayor Trout a proposal that the pay periods for City employees be changed from the present twice monthly system to in every tug week avia.em. This nos referred, to me for report. ~ ~ " -- ~' · Mather than going to'e precise hbed'cBUn~ throughout the entire organization, we have worhed from Individual departuent chocks and personnel opinions end sane signed employee requests that we here hsd from mithln other departments. Ue have also analyzed the matter in sane detail with the staff of the department heads. My conclusion os to eeployee;relctiBa c~n only be best described as there being mixed feelinga.~ Xn certain'segeents of the total operation, there ire strong opinions 'ln beholf'or'e change;' ln~other segments the feeling is strong to retain th~ present system and as l reported to you in my earlier report:there ar~ a fairly sizeable- segment of employees mho have no particular reaotkn. Administratively, me have no objection to the change. There Is perhaps_that the more recent problem with employee reaction to pay periods-developed about u year ago when there mas a change made from paying on the lSth and the 31st (or the last day of the month) to the lit and thel6th. This shifted the employees Into a system of pay dates that has not been too favorably received. I would see no objection to going to the two meek pay periods. My main concern is that all employees realize that their Individual pay checks mill be less by approximately 7 1/2 per centh order that there can be 26 pay days instead 24. My giber concern is that employees mould realize that all checks thro~g~0ut * year mill not be the same because mhere three checks OFe issued in any one month certain deductions mould be taken out of the first tmo checks and not out of the third. To make the change now would require a reworking of all em- ployees' records and a reworking of the couputer system for pay amounts. This would take perhaps two months at a minimum. If this were authorized now, this mould mean that it would be in April or May before the change could occur. Then customarily as of July 1 all pay cards are reworked based on a nam budget. The result of this is that there would be ama major revisions within a fairly snort period of time. For simplicity and to ease the complications of employees, math respect to their individual checks, it would be recommended that such a change be scheduled as of July 1. Respectfully submitted, S/ Julian F. Hirst Julian F. Hlrst City ~anager" After a discussion of the report, Mr. Link moved that the matter be referred to Council acting as a Committee of the Mhole to discuss in connection mttb certain administrative review procedures and that the City Manager be directed to furnish Council mJthaddittonel information on the matter. The notion was seconded by Mr. Thomas and unanimously adopted. BRIDGES-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a written report transmitting an Ordinance authorizing the execution of an agreement to be entered into between tho City of Roanoke,. the Norfolk and ~esternRallway Company and the Virginia Holdln9 Corporation, with respect to the Norwich Bridge project. Mr. Link moved that Council concur in the report of the City Manager and offered the following emergency Ordinance: (n19516) AN ORDINANCE relating to the new Norwich Bridge and relocation of a portion of Bridge Street, S. M.; authorizing the City's execution of an agreement with Norf~ and Yestern Railway Company and Virginia Holding Corporation mitn respect thereto; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 130.) ~47 Mr. Lisk moved the adoption of the Ordinance. The motion wan seconded by IF. Garland and adopted by the following vote: · ~¥ES: Nessra. Garland, Lisk, Taylor. Thomas. Trout, Wheeler and Mayor Webber NAYS: None, ,0., BRIDGES-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted the following report in connect in with a proposed exchange of property and payment to Walker Machine and Foundry Corp'~ration for 'lan~ needed for the south approach to the proposed new Norwich Br'idge, recommending that Council authorize the preparation of the appr'opriate Ordinance ·enabling the City to aces'pt' this arrangement: "Roanoke, Virginia ~February 1, 1971 Honorable Mayor an~ City Council Roanoke, Virginia 'There 'Is* at'lac.had a.repo'r~to me fromMr. 3ohm Garrett, Right of Way Agent', l~ regat~'*to a proposed exchange of property and pay- ment to Walker Machine and Foundry Corporation for land needed for the south approach to the proposed new Norwich Bridge. Also attached is · copy of a letter of offer from the company. With the exception of a minor adjustment of $70 since 'their meeting, this matter has been reviewed by your Real Estate Committee and I feel that I am correct in stating that it has the committeets recommendation. In the interest of time with respect to the project and to minimize handling and paper work, ! am carrying this directly onto the Agenda rather, than asking for a ruconvening of the Real Estate Committee and a formal report by them. If the committee chairman or the Council would prefer this be brought otherwise, the matter con be held over. It would be recommended that the Ci? Council authorize the preparation of appropriate ordinance enabling the City to accept this arrangement with Walker Machine and Foundry Corporation. Respectful~ submitted, S/ Julian F. Hirst Julhn F. Hirst City Manager* Mr. Lisk moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n19517) A~ ORDINANCE authorizing and directing the acquisition of certain land needed for the relocation of Bridge Street, $. M., upon certain terms and conditions; and~providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 134.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler mud Mayor Nebber ................... 7. NAYS: None ........... ~0. mmm STADIUM-ROANOKE FAIR: The City Man·gar submitted a written report truns- · ittiug · request of the Roanoke Fair to utilize Mater Field ~n Sunday, August 29, 1971, advising that the Conmonmealth*s Attorney has indicated that such is not considered a violation of the Virginia Sunday Blue Lam. After · discussion of the request, Mr. Thomas moved that the report be taken under advisement and that the City Manager be directed to inquire as to the ihoura that the RD·nuke Fair would be in operation on said date. The motion was seconded by Mr. Lisk and unanimously adopted. POLICE DEPARTMENT-FIRE DEPARTMENT: The City Manager submitted the follow- ing report in connection with the status of personnel in the Police Department and the Fire Department as of December 31, 1970: 'Roanoke, Virginia February 1, 1971 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: Listed below is the status of the Police and the Fire Departme~ as of December 31, 1970: 'Police Department H~Fe~ Resione~ Terminated Miss M3ureen A. Hylton, Clerk-St*no. 12/16/70 Norman R.- Vaden, Police Officer 2/1/58 12/21/70 Re*ce L. Ross, Police Officer-Military Leave June 26, 1970. Returned December l&, 1970. William E. Penn, Police Officer 8/3170 12/2B/70 As of December 31, there were three vacancies. Fire Department There were no changes in Fire Department personnel during December 1970. On December 31, there was one vacancy in the Fire Department.* Respectfully submitted, S/ Julian F. Hirst Julian F. Hirst City Manager" Mr. Llsk moved that the report be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. STREETS A~D ALLEYS-HOUSING-SLUM CLEARANCE: The City Attorney submitted the followin9 report in connection with vacating, dj}continuing and closing a portiol of Gtlmer Avenue. N. #., bounded by the east right o~ way of Interstate Route 581 to the westerly edge of the cul-de-sac on Calmer Avenue, N. M.: "February 1, 1971 The Honorable Mayor and Members of RD·nuke City Council Roanoke, Virg~ia Centlemeu: The City of Roanoke Redevelopment and Housing Authority has now acquired the property needed by the Authority for use in its Kimball Redevelopment Project (Project No. Va. R-46). The pur- pose of this project is to make improvements in the Kimball area in accordance with the general plan for the City us a whole. 449 ' ?~,50 As part of this program the Authority has requested~that the necessary action be teh~n to formally~aid pGraa~enil~ ~acute~ close, disco·tipoe and abandon · certain per~os of_Gilner Avenue, N. W.~ said'portion being'outlin~d in red'onr'the~tttn~hed The title to this land uould the· ~evert ~0 the-n~utting namers. Assuuing that the Council mill.desire to accede tn the request of the Authority to'permanently vacate the above-mentioned portion of Gilmer Avenue, N. M., and utile on its.nun mottos, initiate the statutory closing procedures, I have prepared and transmit here- mith for the Counoll's consideration n resolution by mhich the Council uould, on its nun unties, initiate proceedings for the above-mentioned purpose by appointing statutory vie~erso by referring the proposal to the'City Plan~ing Commission for that body's recommendation on the proposal and by providing for a public hearing later to be held before the Council on the proposal, at the tine of mhich hearing the viemers' report and Planning Commission's recommendation mould be anticipated to bare been mode to the Council. Very truly yours, S/ J. N. Klncanon J. N. Kincanon" Mr. List moved that Council concur in the report of the City Attorney and that the matter be referred to the City Planning Commission for study, report and recommendation to Couucil. ~hemotion mas seconded by Mr. Garland and unanimously adopted. Mr. List then offered the folloming Resolution proriding for the appoint- nent of viewers in coonect i~l with vacating, discontinuing and oloslog the street end providing for the holding of a public hearing on the question at 2 p.m., Monday, Maroh 1, 1971: (u19516) A RESOLUTION initiating and providing for the pernauent closing vacating and discontinuing of that certain portion of Gilmer Avenue, N. [., extendin from the east right-of-may line of Interstate Route Number 561 to the mesterly edge of the cul-de-sac on ~ilmer Avenue, N. ~., said portion of Gilmer Avenue as shown on the Map of Com=onwealth Redevelopment Project Va-7-1, dated May 10, 1965, in Map Book 1, page 173, in the Clert's Office of the Hu~ings Court of the City of Roanoke Virginia; appointing viewers to riew mid portinn of said street; requesting the City Planning Commission to make study and recommendation on said proposal; ao~ providing for a public hearing on said proposal. (For full text of Resolution, see Resolution ~ook No. 35, page 135.) Mr. List moved the adoption of the Resolution. The motion mas seconded by Mr. Garland and adopted by the folloming vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Mheeler and Mayor ~ebber .......................... NAYS: None O. REPORTS OF COMMITYEES: INTEGRATION-SEGREGATION-POLICE DEPARTMENt: Mr. Hampton M. Thomas, Chairnn of the Community Relations Committee submitted the following report of the Community Relations Committee endorsing and supportin~ a certain report made by the City ~451 Manager and the Chief of Poll~e outlining the current operations sad needs of the Roanoke City Police Depsrtnent~ - "TO: Mayor-and Members of Council RE: 'Resolution of the Com~unity'gelutioUs Coimittee endorsing end supporting'certain recommendations'to strengthen and improve Police Community Relations in the City The Community Relations Committee at Its meeting held. Wednesday, January 27o' 197lo'adopted the attached resiution as o result ur u study by Its Police Community Relations sub- committee, on independent study covering s period of approxi- mately four months. The subject subcommittee study mas conducted by William S. Thomas, Chairman; Dr. Janes H. Crooks and Julian'S: MiSe~ ' * ' The attached resolution endorses and supports a certain report of the C~y Manager and Chief of Police outlining the current operations and needs of the Roanoke City Police Department. In particular the resolution requests: (1) Immediate employment of 22 additional personnel for the Police Department in order to bring ~e strength of the department up to 1.9 ratio of police personnel uhich is in keeping #ith the national average with cities comparable to Roanoke. (2) Immediate review and consideration of the equipment needs et the Police Department based upon the subject report dated January 20, 1971 and implementation of the request insofar as may be practicable and economically sound at the present time. (3) Assignment of a municipal employee, preferable a member of the Police Departmat to handle the specific duty of community relations and public information for the Police DepaFtment and such other municipal activities as nay be needed. (4) Endorsement of the 1970 Fifth District Law Enforcement Plan both as to its concepts and contents. (5) Immediate action by Roanoke City Council in order to accomplish the foregoing'recommendations at the earliest possible date. !uish to emphasize that it is the opin~n of the Committee that the area of police community relations encompasses a'broad general area involving human relations. However, in order to accomplsih basic needs and goals of any program in tl~ field, it is necessary that the basic police personnel and equipment be adequate to support the everyday needs of the community.' In this respect, we do not feel that the current personnel and equipment of the Police Department are adequate to support the needs and demands of day-to-day activities and, accordingly, feel that the first priority be given to these needs in the best interests of all the citizens of the City of Roanoke. Very truly yours, S! Hampton M. Thomas Hampton M. Thomas, Chairman Community Relations Committee" In this connection, Dr. James B. Croaks, Member of the Police Community Relations Subcommittee, read the following Resolution urging Council to adopt curtail recommendations, procedures and measures to strengthen and implement police-community relations in the (~ty of Roanoke: · HEREAS, the ConmunityRelatl6ns Committee did request the City Ranager and the Chief or Police at its De~ember, 19TO seeming to furnish certain lnrorwatSm relative to the. present operatkna smd needs of the Roanoke City Po~!iceDepartnent; smd WHEREAS, in compliance with the said request of the Community Relations Committee, the City Manager and the~Chief of Police have compiled and furnished the requested information, by report dated Jannar~ 20, tq?l,"a copy Of which Is'attached hereto and. by reference, wade. a p~r~ of this ~sol~io~ and . WHEREAS, the Police-Coumunity Relations Subcommittee of the Community Relations Committee, coasisting of its Chairman. Willies S. Thomas; Dr. James B. Crooks end Julian $. Mime. bas 'conducted sa extensive, independent study during the past four months covering the area of police-community relations in the City of Roanoke with particular emphasis on the black community. HOM, THEREFORE, be it resolved as follows: (1) That the Community Relations Committee commends the City Manager end the Chief of Police for the prompt, concise end informative nature of the report, dated January 2o, 1971, outllng the operations and needs of the Roanoke City Police Department; and (2) That the Community Relations Committee, based upon its subcommJttee*s independent study, urges the luwediate~option and implemenmtlon of the personnel needs of the Roanoke City Police Depart- ment as set forth in the report dated January 20, 1971, and that the strength of the police department be immediately brought up to at least the national police personnel average of 1.9 ratio mulch would entail adding 22 men to the police department at once; and (3) That the Community Relations Committee, based upon its subcoumittee°s independent study, urges the immediate adoption and implementatim of the equipment needs of the Roanoke City Police Department as set forth In the report dated January 20, 1971 insofar as may be practicable and economically feasible at the present tine; and (4) That the Community Relations Committee, feeling that effective communication between the police department and the community as a whole, particularly the blahk community, ca~ best be accomplished and maintained through the employment of a full-time-police-comunnlty relations*specialist, who would be*assigned to duty and responsibility of formulating, disseminating and maintaining public information for the municipal government, and the pslice department in particular urges the assignment of an euploye~ to this specialized duty at once whose responsibility, among other things, woold be: (a) to meet regularly and informally with members of the Block Community, and (b) to prepare, trahing programs to be used in this area, and (c) to'recruit members of the Black Community to instruct police training classes in the field of human relations on a volunteer basis. (S) That RoanoRe City Council direct the City Manager and Chief of Police to establish a continuing program of community relations and public information in order to improve communications and adequately respond to the needs and grievances of the community; and (6) That the Community Relations Committee endorses and supports the 1970 Fifth District Planning Commission Law Enforcement Plan regard- lng the police, correctional system and courts of the Roanoke Valley area and urges Roanoke City Council to be ~illing to re-examine their traditional methods of operation, face the system's shortcomings and abandon the old ways in favor of innovat~n and experimentation,' as suggested in the Said report; and (7) That the Community Relations Conittee urges Roanoke City Council to review the said report of January 20, 1971 at .oncel and, further to adopt and to implement the requests set forth therein at the earliest possible date using available municipal, fan*ds to the full extent that Council feels is prudent .and necessary In order to maintain, improve and safeguard the safety of the citizens Of the City of Roanoke in the light of present pevsonnel and equipment needs of the police department and the increasing crime rate in our City. ADOPT£O the 27th day of January, 1971.' With reference to the matter,· a recommendation of the Airport Advisory Commission~thata minimum of three new employees be added at Roanoke Municipal (Woodrun) Airport to provide an adequate uniformed Security Guard with police pomers to issue traffic summonses On the airport property seven days per week, mas also before Council. With further reference to the matter, Messrs. Robert A. Garland, David K. Lisk and Noel C. Taylor submitted the following report in connection math crime rates throughout the City of Roanoke, transmitting four recommendations or proposals in connection therewith: February 1971 Mayor Roy L. Mebber and Members of Roanoke City Council Gentlemen: Me are confident that all of you mill agree that crime isa serious matter within the city. It deserves strong attention from the City Council. Government shomld regard the security and protection of its citizenry in their ordinary pursuits, ms its ~remost and primary responsibility. To this end we must endeavor to reach. The latest report of criminal offenses ~mmitted within the c~ty showed considerable increases in almost every category. Comparing the year of 19&9 with the previous year (1970) showed 607 more actual offenses committed. Let us examine each offense individually: Year ending Dec. 31, 2O 211 889 1252 . 057 2411 651 examined and compared with Year ending Dec. 31, 197o 19 2D 155 277 629 1549 1056 2705 641 the offenses Actual Offense Criminal Homicide Forcible Rape Robbery , ' Assaults ., Non aggravated assaults Burglary Larceny, over$50- Larceny under $50 Auto theft ~hen the above figures are that are cleared by arrest indicates that the rate of clearance of offenses is not rising at. the same or better rate as the commitment of off~nses. · Although this may be the national trend, this Council should not'sit back and be content by merely saying that Roanoke is co worse than anywhere else. It Is the obligation of this Council to make things safer and convince ourselves that we can do it better. There have been two horrible murders within the city in the past several months, both still remaining unsolved or the perpetrator apprehended. There have been twobank robberies within the valley in the last two months both unsolved. There have been numerous acts of vandalism, burglaries, robberies, assualts, etc. Illicit drug and narcotic traffic have seemingly become rampant. This can be '453 attributed to or directly related to'the fact that'ebm~ro~a~drugstores have'bud breekins in recent~mooths.~0ne drugstore~in tho oroa,hba hid fobr Zn~b burglarieS-In,red,at'months.- I ~ould estimate that drugstores alone hove"suffered tun dozen or more bur~lerleb in the post tmelve m'onthc. - ~ Our cftlzen~ bar~ become sa ~rightened thbi-mioy or them literally barricade tkemselvez in their'homes'each night,. The bukgular alarm and crime detection business has flourished and ill-aorta or devices are being sold to protect oneself and proper~y. The City sunaid ask itself, Is It meeting Its responsibility In providing the'neceasory-policemen,:ve~icles and other crime detection equipment? ~e shedd ask ourselves, db we have sufficient visible police protection? -This in itself would be a strong deterrent. meet our basic needs? It is an'absolute fact that proper and bright connunity where street lighting programs have been undertaken, the in model cities before and after installation or high intensity lighting. Although we are not so naive as to suggest that an additional twenty two policemen would end the problem of crime in Roanoke, me do suggest that it would provide closer patrol or the streets, raster respnse to calls from distressed citizens and more specialists in various investigative ~felds. To verf~y ~his claim, we call ~OUF attention to a report to the City Council by the City Manager dated 20 January 1971. It ems a very lengthy and detailed analysis. Obviously great thought and preparation~d gone into it. lnpsmuch that we had requested this in£ornatinn from him, me appreciate allshe time and effort he put into it. In this report, Mr. Hirst said, *Patrol is the strength or the backbone or a police department. Patrol is the original conception of a police organization, it is that area or activity most frequently seen, ~udged or understood by the public and it is that phase of department work which most frequently has the first contact and often the total contact, with an instance or In preparing his presentation or the 1970-71 budget, the City #manger had requested an additional twenty two policenen...Be had also included ten new police cars at a cost of $2~650.00 ehch. These mere to replace.ten vehicles which he considered Should be traded in. The Council in its deliberations decided against these recounendatlons and consequently these requests were denied with the sole objective of obtaining a monetary balance. Personally, we reel that this was a serious mistake and that sane of the problems that we ore presently having are a direct result and can'be attributed to these omissions. In a recent study by the Community Relations Committee of which Councilman Thomas is a member, me call your attention tn recommen- dations four and five of that report which said, 4. 'In the light' of the increasing criue rate in the first quarter of 1970, the committee re~omnends increased surveillance by police tn high crime areas or the city. The committee also recommends more police men- power be available during the houFs between 11:00 p.m** end 6:00 a.m., throughout the city.' 5. 'This committee urges Roanoke City'Council in its policy making and appropriation of ~unds to provide the police department sufficient manpower, training and equipment to effectively meet Its r~sponsibilities .in law enforcement and community relations.' The national average of police personnel per 1,000 population is 1.9. Based on our 1970 census, Roanoke has 1.75 police personnel per 1,000 population. This figure mas derived as follows: 162 authorized police strength with a 1970 population of 92.]]$. The addition or 22 positions to the authorized 162 positions would result in a total of 184 and based on 1970 population would provide a ratio of 1.9 or bring us up to the national average. To establish the need for replacement of the ten vehicles, the City Hanager has carefully outlined in detail certain statistical information. It appears.that the mileage readings on these vehicles would now v3ry from approximately.?O,000 to 95,000 miles. Ail of us know from or danger when these vehicles become inoperative thereby reducing proper surveillance. It Is therefor our/opinion that the increase in the crime rates. within the CltyrOr Moancke cai be attrJbaled to or directly related to the folloming;' 1. The natlonoI trend, toward'lawlessness~. . 2~ Insufficient police manpower. 3. Insufficient.or. inadequate vehicles.. . 4. Insufficient street lighting. *~ In ~lg~t number one problem facing the city, we would therefore make the following proposals and recommendations to the Council: 1. Instruct the City Manager to employ twenty t~o additional policen~ as expeditiously as possible but still maintaining our standards. 2. Instruct the City Manager to advertise for the purchase of ten new 3. Instrnct the City' Manager to prepare careful and complete analysis Of crime incidence mithin the, city with special emphasis placed upon Then by way or comparison prepare a similar analysis outlining the street lighting facilities within these areas and its capacities (lumens or*watts) and types, We suspect that this survey will-show that the crime incidenceln any given area is directly proportional to the brightness or dimness of any particular neighborhood or business district. Once this is accomplished, the city should lnltJate, a long range street lighting program commencing first in those areas where crime i~ worst with the thought of going to 250 watt sodium vapor lights. 4. Instruct the City Attorney to prepare the proper measures to implement these recommendations. .. less than that nhich the public would expect of us. Me believe that they ore willing to provide for this additional protection even thoogh it may need to eventually reflect in their overall tax bill. Moreover, these proposals are in keeping with the urgings of Mr. Lisk during the preparation of the 1970-71 budget and hopefully will fulfill the commitments of your two new members made during the councilmanic election of 1970. Cordially submitted for your ~rompt consideration, $) ~ebert A. Gar'land S/ David K. Llsk S/ Noel C. Taylor Robert A. Garland David K. Lisk Noel C. Taylor# In this connection, a communication from Mr. 6. A. La~, Chairman, The Concerned Citizens Of $oothnest Roanoke, calling attention to the urgent need for more police protection and better street lighting in their area and requesting that more black police officers be hired and a communication from Mr. James H. Crawford, transmitting a petition signed by 155 residents of the Rugby area requesting that traffic guards be installed in E~reka Park ~o p~event' the speeding and racing of cars through the park and 'surrounding areas and requesting that Council provide them with q~a'lit!~ po'lice pro'tectio~.; ~as b;fore' the 'b~dy. a~ter avery lengthy discuss'ion 'o*~ 'the' ri'at'er,' Mr. Trmt moved that the City Manager be directed to employ 33 additional policemen as expeditiously as possible, to advertise for the purchase of 12 new police cars and that the matter be referred to the City Attorney and the City Auditor for preparation of ~e proper measures. The motion mas seconded by Mr. Thomas and unanimously adopted. Mr. Garland moved that the City Manager b~ directed to prepare a careful and complete analysis of crime incidents within the City of Roanoke with special emphasis to be placed upon street crimes and the areas in which these crimes have been committed, then by way of comparison prepare a similar analysis outlining the :455 street lighting facilities mithin these areas and its capacities (lumens or matts) and types. The motion mas seconded by Hr. Lish kad nnaninously'adopted.' Mr. Garland then moved that the report of the Community Relations Commltts and the report made by Messrs. Garland, Llsk, and Taylor as emended be receJred and filed. The motion men seconded by Mr. Thomas and unanJ.m~usly adopted. AIRPORT: Council havJn~ referr~d..to the Airport AdrlMryCommis~mfGr study, report and recommendation · request of 1TT Consomer Services Corporation requesting an Increase in parking rates at Roanoke Municipal (Woodrum) Airport. and offering, at the expense of ITT, to install an automatic gate at the eMplOyees* perking lot mhfch mould he activated by plestlc punched curds Issued to uothorlaed suers of the lot at an estimated cost,of $4,000.00. the Airport Advisory Commission submitted a written report recommending that ITT Consumer Services Corporation be granted permission to increase their parking rates from $.25 for.the first hour or portion thereof to $.3So from $.10 for each additional hour to S.IS and from $1.25 per 24 hour day to $'1~5~ and that ITT be allowed to install at their expense a parking lot gate system for uirport employees including Issuance of pass cards and maintenance of the equipment. After e discussion of the matter, Mr. Mheeler moved that Council concur in the report of the Airport Advisory Commission and that the matter be referred to the Cty Attorney for preparation of the proper measure. The motion mas seconded by Mr. Trout end unanimohsly adopted. Mr. Lisk moved that the question ~ providing a spectators area to be utilized by persons vieming airplanes coming into and leaving the airport be referrec to the Airport Advisory Commissi<n for study, report and recommendation to Council. The motion was seconded by Dr. Taylor and unanimously adopted. AUDITORIUM-COL'ISEUM: Council having referred to the Roanoke Civic Center Advisory Commission a report of the City Manager in connection with establishing locations within the area where tickets to events at the Roanoke Civic Center may be purchased other than at the Civic Center Box Office. the Roanoke Civic Center Advisory Commission submitted the following report unanimously recommending that the S. H. HeironJmus Company be approved for a period of oneyear from March 1, 1971, as the official ticket agency other than the Roanoke Civic Center for the Metropolitan Roanoke area for events sponsored by the Roanoke Civic Center: "January 28, 1971 Honorable Mayor and ~ty Council . Roanoke, Virginia '' Gentlemen: , Me have studied thoroughly'the City Managers recommendation to the Council that the $.H. Heironinos Company be designated as the official outlet for Civic Center tickets under certain circumstances and restrict i ms. mumm It is our unanimous recomme~dat~on'that~he Heiroaim~ Company be approved for · period or one (1) year from March 1971 as the official ticket agency (other than the Civi~ Center itself) for the Metropolitan Roanoke ·rea rot events sponsored by the Civic Center. Also, commercial Lessees using the Civic Center be strongly urged to use the Hefroninus Company as the local outlet-in addition to the Civic Center Box office, which must be used for all events unless specifically waived by the Director for locally presehted attractions by non-profit organizations. If other local outlets other than Heironimns are used by · Lessee, these outlets must be approved in writing by the CIvic Center Director and meet all the requirements that the City required of the Heironiaus Company. For this service the Heironimus Company mould receive 3~ or the gross selling price of those tickets sold by their staff in their stores, and mould be responsible for those tickets and/or funds int~lved that would be assigned to them. The would post a bond of $20,000.00 with the City to cover this contingency. Tickets and/or cash to be returned to the properly authorized Civic Center personnel only and not'to the Lessee. The time Of sales to be approximately as follows: Downtown - 6 Days (Mooday-$atmrday) 9:30 A.Mo to 5:30 P.M. Towers ~ Crossvgads - 5 Days (Monday-Friday) 9:30 A.M. to 9:00 Saturday - 9:30 A,M. to 5:30 P.M. Out-of-town ticket agencies (if they should become necessary) to be established at a later date'. It is further recommended that the financial arraogements between the City and the Reironimus Company be specified by the City Auditor and incorporated in the'ordinance and contract. Re believe that, because of the shortness of time. it will not he in the best interest of the City to advertise and seek bids on this matter at this time. In arriving at our decision we felt that the store hours of Heironimus mere more advantageous for our tichet selling purposes than for instance, banking hours. The company alia has had experience in handling ticket sales for a variety of civic endeavours. Another strong point in going with Reironimus non is, that after one year of operation we will be in a better position to hnow the buying habits of the public, which locations are the best, the most suitable hours, where we n~ed more outlets, whether the percentages are fair, and whether personnel and accounting procedures are sound. A full years operation should give us the answer. Respectfully submitted, CIVIC CENTER ADVISORY COMMISSION S/ John Kelley John Kelley, Chairman Horace S. Fitzpatrick Lawrence Hamlar Robert RcLellaud Frank Perkinson Mrs. Evelyn Turner~ Mr. Thomas moved that Council concur in the recommendation of the Roanoke Civic Center Advisory Commission and that the matter be referred to the City Attorne for preparation of the proper measure. The motion was seconded by Mr. Trout and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTY-STATE NIGHMAYS: Ordinance No. 19505, authorizing and directing the Sale and conveyance by the City of Roanoke to the Commonwealth of Virginia of · triangular shaped parcel o! land containing 500 square feet, more or less, situate at the southwest corner of Elm Avenue and Fourth Street, S, E., being the southerly residue of Official Tax No, 4020319. upon certain terms end conditions having previously been before Council ~r its first reading, head and laid over, was again before the body. Mr. Trout offering the folloming for its second reading and final adoption: (u19~05) AN ORDINANCE authorizing and directing the City's sale and conveyance to the Commonwealth of Virginia of a triangular shaped parcel of land containing 500 square feet, more or less. situate at the southwest corner of Elm Avenue. S. E** and Fourth Street, S. E., being the southerly residue of Official No. 4020319, upon certain terms and conditions. (For full text of 0 rdinance, see Ordinance Book No. 35. page 126.) Mr. Trout moved the ~option of the Ordinance. The motion mas seconded by Mr. Link amJ adopted by the folloming vote: AYES: Messrs. Garland. Link, Taylor, Thomas, Trout. Rheeler and Mayor Mebber ..................... T. NAYS: None O. ZONING: Council having directed the City Attorney to prepare the~oper measure authorizing the issuance of a special permit to Daboey Floor and Tile Servi¢ Company to continue using premises located at 1555 and 1565 Lafayette Boulevard, N. N., he presented same. In this connection, the City Manager submitted tho following report res- ~ectfully submitting an administrative objection to the proposal that a special variance he granted to the Zoning Ordinance in connection mith the matter: 'Roanoke, Virginia February 1. 1971 Honorable ~oyor and City Council Roanoke, Virginia Gentlemen: In the matter currently before the City Council in regard to the rezoning petition on Lafayette Boulevard, may I respectfully submit an administrative objection to the proposal that a special variance be given to the zoning ordinance. This objection is not particularly related to the merits of'the specific case. although I believe that there are merits which have an overall bearing upon the determination of rezoning. Rather, this position lstaheo because of a concern as to principle and practice of the granting of variances under established Zoning Regulations° Zoning in intended to indemtJfy through various'means the character of an area, be the area large or small. A variance changes that character even though the formality of rezoning never transpires. Fur- ther, the provision of ~ variance establishes a hazardous precedent both 'as to future petitions and requests and as to the ability of the Planning Commission, the Planning Department, the Building Commission- els office and the Board of Zoning Appeals to have firm guidelines under mhtch to equally apply their decisions as should prevail within the established zoning ordinance. Further the criteria of a decision should be whether there is Justification for rezoning or denial of rezoning. It would be felt that if the criteria could not be satisfactorily met both as to facts and Judgment then the ordinance should be held to, otherwise a variance as under consideration has essentially the same effect as rezoning. Your consideration of these comments In connection with the preplexing matter before you is invited. Respectfully submitted, 5/ Julian F. Birst Julion F. Birst City Manager" Mr. Thomas moved that the report be received and filed. The mction mas seanded by Mr. Garland end unanimously adopted. With reference to the matter, DF. Maynard H. Law, appeared before the body and raised the question as to whether or not the 1563 Lafayette Boulevard. N. should be included in the proposed Resolution since this is the Ebenezer African Methodist Episcopal Church. After a discussion of the matter, Mr. Thomas moved that the proposed Resolution be referred back to the City Attorney for the purpose of deleting 1563 Lafayette Boulevard, N. M. The motion was seconded by Mr. Nheeler and uaanJmously adopted. BUDGET-GARBAGE REMOVAL: Council having directed the City Attorney to prepare the proper measure authorizing the City Manager to implement an experimental system of refuse collection in defined areas of the City of Roanoke for a limited period of time, authorizing the rental of certain refuse receptacles for a period of sixty days upon certain terms and prorislons, directing the proper city officials to cooperate in the experiment and staying certain inconsistent Ordinances during the time of the experiment0 he presented same; whereupon, Dr. Taylor offered the following emergency Ordinance: (#19519) AN ORDINANCE authorizing the City Manager to implement an experimental system of refuse collection in defined areas of the City for a limited period of time; authorizing the rental of certain refuse receptacles for a period of sixty days upon certain terms and provisions; directing the proper City officials to cooperate in the experiment; staying certain inconsistent ordinances during the time of the experiment; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 137.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lish, Taylor, Thomas, Trout, Rheeler and Mayor lebber ................ ~-?. NA¥S~ Hone ......... O. In this connection. Mr. Garland offered the following emergency Ordinance appropriating $2,500.00 to Operating Supplies and Materials under Section #69, "Refuse Collection and Disposal," of the 1970-71 budget, to provide funds in :onnection with said experimental system of refuse collection in defined areas of the City of Roanoke: . (n19520) AX ORDIN~J4CE to amend and reordsin Section n69. "Refuse Collec- tion and Disposal,' of the 1970-71 Appropriation Ordinance° and providing for un emergency. (For full text of Ordinsn'ce, see Ordinance Book Ho. 35, page 138.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded b~ Mr. Wheeler and adopted by the following vote: AYES: Messrs. Garland. Llsk, Taylor, Thomas, Trout. Wheeler and Mayor Mebbez ..... 7 HAYS: Hone ............. ZONING: Council having directed the City Attorney to prepare the proper measure authorizing the issuance of u nonconforming certificate ~ occupancy for a 3-unit apartment dwelling located at 2024 Hanover Avenue, N. ~, Official Tax No. 2321203, onned by Mr. William LaPrad. for a period of three years, he presented sane; whereupon, Mr. Trout offered the following Resolution: (xig521) A RESOLUTIOH authorizing the issuance of a permit to authorize continuance of nonconforming use of premises located at 2024 Hanover Avenue, N. Official Tax Ho. 2321203. (For full text of Resolution, see Resolution Book No. 35, page 138.) Mr. Trout moved the adoption of the Resolution. The motion mas seconded by Mr, Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor. Thomas, Trout, Wheeler and Mayor Webber 7. NAYS: None O. PLANNIN6-POLICE DEPARTMEI~-JAIL-MUNICIPAL BUILDIND-CAPITAL IMPROVEME~S PROGRAM: Council having deferred action on proposed improvements to the Municipal Building, Dr. Taylor offered the following Resolution relating to the present and 2oteatiul future facilities fur the courts and courtrooms, jail and certain other related offices and departments of the (~ty of Roanoke: (~19522) A RESOLUTION relating to the CJty*s present and potential future facilities for its courts and courtrooms, its Jail and certain other related offices and departments. (For full text of Resolution, see ReSolution Book No. 35. page Dr. Taylor moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas. Trout, Wheeler and Mayor Webber~J ~ 7 NAYS: None. O. MOTIONS AND MISCELLANEOUS BUSINESS: PLA~NIHG: The City ~lerk reported that Messrs. James O. Trout, HsBptos M. Thomas, Henry'D. 8o~nton sad Da~ld H. Moodbury have quslifled as members of the Fifth Planning District Commission for terms of three years each ending June 30, 1973. ,. Dr. Taylor moved that the report b~ received and filed. The motion wes seconded by Mr. Wheeler and uuonimausly adopted. There being no further business, Utyor Webber declared the meeting .tdJourned. · APPROVED ATTEST: . ~ity Clerk l~yor C~NCIL, REGULAR MEETING, Monday, February The Council of the City of Rocnokn met In regular meeting la the Council Chamber in the Municipal Euildln9 Annex, Monday, February Bo 19Il, at 2 p.m., the regular meeting hoar, mlth Mayor Mebber presiding. PRESENT: Councilmen Robert A. Garland, Oarld E. Lisk, ~oel C. Taylor, Bampton M. Thomaso James O. T~cot, Vincent S. Mbeeler and Mayor Roy Lo Mebber ABSENT: None .......................................................... O, OFFICERS pRESENT: Mr. Julian F. Blrst, City Manager, Mr. Byron E. Hamer, Assistant City Manager, Mr. James N. Kincanon, City Attorney, and Mr. Jo Robert Thomas, City Auditor. INVOCATION: The meeting mas opened mith a prayer by the Reverend Runt*r, Pastor, Jerusalem Baptist Church. MXNUIES: Copies of the minutes of the special meeting held on Mednesday, January 27, 1971, and the regular meeting held on Monday, February 1, 1971, having been furnished each member of Council, on motion o~ Or. Taylor, seconded by Mr. Lisk and unanimously adopted, the reading thereof mas dispensed with and the minutes HEARING OFCITIZENS UPON PUBLIC MAI'IEHS: NONE. PETITIONS ~ND COMMUNICATIONS: STREET LIGKIS: Copy of a communication from the Appalachiao Power Company, transmitting a list of street lights installed and/ar removed during the m~th of Januhry, 1971, was before Council. Mr, Lisk moved that the communication and list be received and filed. The motion was seconded by Mr. Garland and unanimously adopted. SENERS AND STORM DRAINS: Copy of a Resol~floo adopted by the Roanoke County Board of Supervisors, requesting that the contract between the Cityof Roanoke and the Couoty of Roanoke, dated September 28t 1954, dealing with the treatment of domes tic and commercial wastes, be amended by adding thereto Area Mo. I 526.7 acres iincluding the north Burlington Heights, Belle Haven and Otterviem Gardens Area of North County and Area No, 2 - 67.3 acres ~ including Ardmore, North Ardmore and the remalnin9 lands of R, J. Miller, et ux** was before Council. Mr. Garland moved that the request be referred to a committee composed of Messrs. Hampton Mo Thomas, Chairman, Vincent So Mheeler and Julian F. Hirst for stud report and recommendation to Council. The motion was seconded by Nr. Mheeler and unanimously adopted. STREETS AND ALLEYS-STREET LIGtlTS-SENERS AND STORM DRAINS: A communication from Mrs. Catherine N. Soffos, transmitting problems she has encountered with regard to eleven parcels of land she omns in the Fairmont Corporation and requesting the consideration of Council in connection therewith, was before the body. Mr. Link moved that the matter.be referred to the City #manger for studye report and recommendation to Council. The motion mas seconded by Or. Taylor and unanimously adopted. REPORTS OF OFFICERS: BONDS-CAPITAL IMPROVEMENTS PROGRAM-SEMERS AND STORM DRAINS-MATER D£PARTME~T The City Auditor submitted the following report ~ansmittiag four Resolutions providln for the sale of $4,400.000 Public Improvement.Bondse $1,700,000 Semage Treatment Bond and $40000t000 later Bonds on Tuesday, March 2, 1971, and providing for a special meeting of the Council of the City of Roanoke to bo hid on that date for receipt of bids therefor, advising that the sate of these bonds are necessary' for continuation of the Capital Improvements Program: *February 4, Honorable Mayor and City Council Roanoke, Virginia Gentlemen: Attached hereto are four resolutions providing for sale of $4,400,000.00 Public Improvement , $1,TO0,O00.O0 Sewage Treatment and $4,000,00.00 Mater Bonds on Tuesday, March 1971 and for a special meeting of the Council on that date for receipt of bids therefor. Sale of th~se ~onds are necessary for continuation of the,Clty*s Capital Improvement programs. Adoption of these resolutions is recommended. Respectfully submitted, S/ J. Robert Thomas City Auditor" Mr. Trout moved that Council concur.in the recommendations of the City Auditor and offered the following Resolution providing for the sale, execution, form and details, advertisements of sale, delivery and tax levy to pay $4,400, O00ofbonds or the City of Roanoke being a part of $16,900,000 of bonds authorized at an election he on the 2nd day of May, 1957, to defray the cost of needed permanent public improve- men,st to wit: additions, betterments, extensions and improvements of and to its municipal airport, its public buildings, including its municipal building, fire stations, refuse disposal facilities and service center,'its public streetst highways land bridges, its system of storm sewers and storm drainst Its public schools and for projects authorized pursuant to Article 7, Chapter 1, Title 35, of the Code of , Virginia, as amended: (~19523) A RESOLGTION providing for the sale, executiou, form and details advertisement of sale, delivery and tax levy to pay $4,400,000 of bonds of the City of Roanoke, being:a part of $16tgO0, O00 of bonds authorized at an election held on the 2nd day of May, 1967, to defray the cost of needed permoneut public improvements to*wit: additionst.betterments, extensions and improvements of and to its municipal airport, Its public buildings, including Its municipal building, fire stations, refui disposal facilities and service center, its public streets, highways and bridges, :463 i%s system of storm sewers and storm drains, its public schools and for.projects authorized pursusnt to Article ?, Chapter 1, Title 360 o[ the Code of ¥1rgfa!at us amended. (For full text of Resd~tion, see Resolution Book So. 35, page 144.) Mr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Wheeler and adopted by the foil*ming vote: AYES: Wessrs.~Garland, Llsk, Taylor, Thomas, trouts WAoeler end mayor Webber ......................... ~ ..... NAYS: None ................... O. We. Llsk offered the fail, ming Resolution providing roe the sale, execution form and details, advertisement of sale, delivery end tax levy to pay $4,0000000 of bonds of the City of Roanoke, authorized at an election held on the 2nd day of Way, lg$?, to p~ovide funds to defray the cost to the city of needed public improvements to-wit: additions, betterments and extensions of and to the city'~ water supplies. water works plant or system, lncludiog the acquisition of land, easemects, rights of may and other rights in property related thereto: (#195~4) A REJOLUTIO~ providing for the sale, ~xecuttone form and details advertisement of sale, delivery and tax levy Jo pay $4,000,000 of bonds of the City of Roanoke, authorized at aa elect,on held on the 2nd dot of Royt 1967, to provide funds to defray the cost to the City of needed public fmproYementso to-wit: addltio bette~nents and ~xtensions of and to the Clty°a water supplieso water works plant or s~$temt including the acqusitioa of land, easenents, rights-of-way and other righ fn property related thereto. (For full text of Resolutiont see Resolution Book No. 33, page 14~.) Me. Li~k moYed the adoption of the Resolution. The motion was seconded b~ Mr. Trou~ and adopted by the following vote: AYES: messrs. Garland, Linko Taylor, Thomase Trouto' Wheeler and Mayor Webber ................................. NAYS: Hone .................. O. . ~r. Taylor offered the following Resolution providing for the sale, .icao fo~m and details, ad~isement of s ale, delivery and tax levy to pay of bonds of the City of Roanoke, authorized ut an election held on the 2vd day of 1967o to provide fund~ to de£Fay the cost ~o the city of needed public iaproremeatst to-wit: additions, betterments and extensions o£ and to the citers sewage treatment ,plant and sanitary sewer system, including the acquisition o£ land, easementso right! cf way and other rights in prqpert~ related thereto: (~19525) A RESOLUTIO~ providing for the s alee execution, form and det ails .advertisement of aulee delivery and tax levy to pay $1.?O0, OgO o~,bonds c~ the Cf,T of Roanohe. authorized at an election held on the 2nd day cf Mayo,196?, to provide funds.to defray the ~ost ~ the City of needed public tmprovementst to-wit: addition: betterments and extensions of nod to the City,s sewage ,rea,aec, plant and sanitary sewer system, including the acquisition of land, easements, rights-of-may and other rights in property related thereto, (For full text of Resolution, see Resolution D,oh ~o. 3St page 153.) De, Taylor moved the adoption of the Resolution. The motion mas seconded by Hr, Thomas and adopted by the following rote:. · AYES: Yessrs, Garland, Lish, Taylor, Thomas, Trout, Wheeler and Hayor Webber ............................. NAYS: None ..............O. Mr, Garland offered the following Resolution providing for a special me*tis of the Council of the City of Roanoke to be held on ~uesday, March 2, 1971, at 12:00 o'cloch, noon, for the purpose of receiving, opening and considering bids made to the city for the purchase of said bonds: · (a19526) A RESOLUTION providing for a Special Meeting of the Council to be held on Tuesday, March 2, 19?It at 12:O0 .tel.ch, ~oon.. (For tull text of Resolution, see Resolution D,ok No, SS Mr. Garland =.red the adoptJon 0£ the Resolution. The motion was secm ded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trot, Wheeler and Mayor Webber ................ - ............ ?, ,NAYS: None .............. O. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Auditor submitted a written report transmitting a report of expenditures for the public welfare cat,g.ties, advising that overexpenditures shown have been covered by appropriations made at the regular ne*ting of Council.on Monday, February 1, 1971. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted.. AUDITS-SCHOOLS: The City Auditor submitted a written report transmitting an examination of the records of the Morningside Elementary School for the school ,year ended June 30, 1970, advising that the records sere in order and the Statement of Receipts and Disbursements reflects recorded transactions for the period~and the financial condition of the fund at the end of the audit period Mr. Wheeler moved.that the report and audit be received and filed. The motion sas seconded by Dr. Taylor and.unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted a written report transmitting an examination of the records of the Westside Elementary School for the school year ended J~fle 30, 1970, advis'iflg that the records sere lfl order and the Statement Receipts and Disbursements reflects recorded transactions for the period and the financial condition of the fund at the end of the audit peal,d, Mr. ~heeler moved that the report and,audit be received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. :465 AUDITS-SCHOOLS: . The City &editor submitted m written report t~ansmitting nn examinationof the records of the Fisbburn Park Elementary School for the cchool rear ended June 30t 1970, advising that the records mere in order and the statement of Seceipta and Disbursements reflects recorded transactions for the period and the Financial condition of the fund mt the end of the audit period. Mr. #heeler ~oved tkat the r,eport and audi,t be received and .f~ledo The motion was seconded by Dr. Taylor and unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted a written report transmitting an examination of the records of the Crystal Spring Elementary School for the school year eode~ June ,30, 1970. advl~ing that the records were in order and the Stote~Mnt of Heceipts and Disbursements reflects recorded transactions for the period and the financial condition of the fund at the end of the audit period. Mr. Wheeler moved that the report and audit be received and filed. The motion was seconded by Dr..Taylo~ and unanimously ~dopte~o AUDITS-SCHOOLS: The City Auditor submitted a written report transmitting an examination of the records of the Belmont Elementary School for the school year ended June 30, 1970, advising that the.records sere in order mud the Statement.of Receipts and Disbursements reflects recorded transactions for the period and the financial condition of the fund at the end of the audit period. Hr. Wheeler moved that the report and,audit be r~elved and fit*do The motion was seconded by Dr. Taylor and unanimously adopted. BUDGET-FIRE DEPARTMENT: The City Manager submitted a wA *ten report recom- mending that $1,000,00 be transferred from Maintenance of Machinery and Equipment to operating Supplies and Materials under Sqction #47, #Fire Department," of the 1970-71 budget, to provide funds to enable the Chief of the Fire Department to por- chase certain fire fighting chemicals.. Mr. Thomas moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~19527) X~ ORDXNA~UE to emend and reordain Section u4T, °Fire Department, of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text, see Ordinance as recorded in Ordinance Boob No. 35, page 1~ · Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, LisA, Taylor, Tbomast Trout, Wheeler and Mayor ~ebher ................................ NAYS: None ...................Go BUDGET-MUN ICIPAL BUILDING: The City Manager submitted the following report recommending that $49t000,00 be appropriated to Utilities under Section ~63, *Munici- pal Building,* of the 1970-71 budget, to provide additional ~s for utilities for the remainder of the fiscal year: '.) the enlarged municipal building complex, The.hem municipal building uae incomplete, no date had been set for acceptance, end aa utility date Was available o~th~ Reid and Cutshell Building, As a result it was decided to stay with the amount requested in the previous year*s budget, anticipating adjustments to this account once more information was available, By mid-year $25,654.47 had been expended of the $26,45o.o~ appropriated. This amount included utilities for approximately four months for the new building. Although me have eot received the computer ran for January, 19?It it is obvious that,*his account wes overexpended by the end of January. Estimates as'a result or the four.months experience for the new building, several years experience et the old Grand Piano building and many years experience with the courthouse utilities would indicate an anticipated expenditure of an additional $40,000 to $45,000 for the remainder of this fiscal year. I an including as an attachment the listing'of monthly expenditures for utilities for this year. It is requested that City Council by budget ordinance appropriate an additional $45,000 to the Municipal Building Account 63, Object Code 201, Utilities, to fund the utilities for this facility for the remainder of this fiscal year. Respectfully submitted, 5! Julian F. Hirst Julian F. Hirer City Manager~ Mr. Trout moved that Council concur in the recommendation,of ?he City Manager and 'offered the following emergency Ordinance: (~Ig52B) AN ORDINA~CE.to amend amd reordatn Section =~3, ~Muniolpal Building** of the 197~-71 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 35, page 160.) Mr. Trout moved the adoptio~ o} the Ordinance. The motion mas seconded by Mr. Link and adopted by the following vo~e:' AYES: ~esnrs. Garland, Link, Taylor, Thomas, Trout, ~beeler ~nd Mayor ~ebber ............................... 7. NAYS: None ............... O. STATE HIGHWAYS: A communication from Mr. C. F. Kellam, District Engineer, Dep~rtment ~ Highways, advising that a design publ'ic h~aring will be held on the propose~ design Jar inure 220 from 0.006 m~l~ north of Route' 24"(B~m Avenue) to 0.00~ mile north of Route 220 ([rnnklin Road) in the City a f Roanoke on Febru'ary l~, 1971, at fl p,m., in the'Rational Guard ArmOry, mas before Council. In this c~nn~tion,' the Clt'y Ranage~ and ~he City ~ngineer ~resented the proposed plans for the Southwest Expressway fr~m Elm Avenue to Franklin Road, S. ~. Mr. Link moved that the communicatio[ from Mr. ~ellam and [he proposed plan for the Southwest Expressway be received and filed. The motion was seconded by Mr. Thomas and unanimously adopted. STA~E HIGIflf'ATS: .Council having adopted an Ordinance mnthorlalng and directing the City Attorney to Institute condemnation proceedings to acquire propert rights, if aayt of certain owners ia · railroad siding removed from property situate on the northwest corner of Third Street and Albemarle Avenue, S. £., described as Official Tax No. 40215060 in connection with the State Route 24 ProJect, the City Attorney submitted the following report advising of the conclusion of the cnndemnatlc proceedings and recowuendieg acceptance of the $2e000.00 award of Comulssioners: · Februar! 6t 1971 The Honorable layor and Members · of.Roanoke City Council Romnoket Virginia Gentlemen: The Council hereto*ore, by Ordinance No. 16938, authorized the Cltyts payment of the sum of $1,350.00 in settlement with certain property owners of their claim for the.City's removal mi n railroad side *roar on property at the northwest corner of Albemarle Avenue and 3rd Street, S. £., the same having been done ia connection with construction Qf the City,s R~te 24 ProJect. Failing in efforts to reach settlement with the property owners aa that basis, the Cm ncil later directed acquisition of the rights in the side track by adoption of Ordinancm No. lglSO, Condemnation proceedings have now been concluded and Court- appointed Commissioners o~ February 2ed returned an award of $2,000.00 for the rights being acquired; $850.00 being reported as the value of the easement *ahem end $1tlSO.O0 as damages to the~residue property of the onners. In the opinion of the undersigned and attorne~trying the case, there is no legal error in the proceedings nor basis for which the City should consider appeal. Testimony of witnesses for the property owners .in the case tended to fix the property owners' damages as $13tSO0.O0, whereas, the testimony of the CJtyts witness tended to show a value af $1,350.00 as heretofore offered the property owners. Being of opinion that the Commissionerst award should be accepted, ! hare prepared and transmit to the Council a resolution affecting that recommendation, the same betng~ transmitted herewith for the Council's consideration. Respectfully, S/ J. N~ Kincanon J. N. Klncanon" Hr. Thomas moved that Council concur in the report of the City Attorney and offered the followi~g Resolution: (n19529) A RESOLUTION authorizing the a~cepthhce of a ~er~atn award msde by commissioners in condemnation proceedings brought for the acquisition of ~ertain property rights in Parcel Ho, 10~ affected by thb Cltyts State Route. 24. ~ro~ect. (For fu21 ~ext. of Hesolutlont s~o Resolution Baok.~o. ~S, pa~e l~O.) ., MF~ Thomas hbved the adoption bf the Resolution. The motion was seconded b'y Dr. ~aylor, and adopted by the followihg vote: AYF~: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Mheeler and Mayor Mebber .............................. NAYS: None ..............O. REPORTS OF COMMIT?EFt: STADIUM: Council having, appointed o committee composed o( Messrs, Vlnceet~ #heeler, Chairman, David K, Lish and Noel C, Taylor to meet mlth the Stadium Advisor Committee and the, Roanoke ~ucksklns,, Iacorporated,uit~,regar~ to rental rates et Victory Stadium and report back to Council* the committee submitted ~he foil*ming · February 4, 1971 Honorable Mayor and Members of City Council Gentlemen: .On January 25,,1971, Mayor Heb~er appointed a. committee of Councilman Darid Llsk, CounCilman Dr. Noel Taylor nod Councilman Vincent Mheeler to meet with the Stadium Advisory Committee and officials of the Roanoke Buckskins professional football team regarding rental rates and promotion pf Victory Stadium. : A meeting was held on February 4, 1971 with Councilmen Lisk, Taylor and Nba*let present. Also present were officials of the Roanoke Buckskins and members of the Stadium Advisory Committee. The Secretary of the Stadium Advisory Committee, Rex T. Mitchell, Jr.t mas Instructed by. Mr. Nh*el*r, Chairman of the City Council Committee, to forward to City Council for con- sideration the following report: (1) That the rate of rental for all ~otball games played at Victory Stadium remain O per cent of all gross (2) That City Council. appropriate seventy-five hundred, ($?,~00.00) for promotion of events at Victory Stadium in the ~971-72 budget. (3) That Clt~ Council £orward to the Stadium Adrisory Committee a recommendation that they (Stadium Advisory Committee) review the dty ordinances governing the operation Of Victory Stadlu~ also the possibility o~ the Cl~y ope~nting the con- cessions and submit their recommendations to Cit~ Council at the earlie~ possible date. Respectfully submitted, Vincent $. ~heeler, Chairman $/ Rex T. Mitchell, Jr. By: Rex T. Mitchell, Jr** . Secretary - Stadium Advisory Committee* Mr. ~heel~r moved that Council concur in the recommendations of the commit t~e. The motion was seconded by Mr,~ut and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ' 'STREETS ~D ~LLEYS: Ordinance No. 1~510, permanently vacating, discon- tinuing and closing all of t~at certain ten foot wide alley, approximately 355.5 fee in length, running in an east=west ~irection from the west line of Second Street, S. to the east line of Th'ltd Street, $. ~,, through Bl~ck 5, S~eet Ho. ~ S. S., of the City*s Official Survey, having previously been ~efore C~ ncil for its first reading, read and laid over, was again before the body, ~r. Trout offering the: following for its second reading and final adoption: ~69 (a19510) AN ORDINANCE pernnnently vacating, discontinuing, cluing end abandozizg all of that certain lO-foot wide alley, approximately 35S.S f~et la lengt running in an east-west direction from the west line of 2ad Sire,ti S. W** to the east lin, of 3rd Rtreet, S. M** through Rlock St)Sheet No. 2 S. W., of the City*s Offlcfzl Surrey, the title to which said alley shall revert to the abutting owners; and authorizing the payaent of viewers in connection with said alley closing. (For full text of Ordinance, see Ordinance No. Rook 35, page 142.) Rt. Trout norad the adoption of the Ordinance. The motion was seconded by Mr. Llsk and adopted by the following vote: AYES: Messrs. Garland, Lish, Taylor, Thonas,.Trout, Wheeler and Mayor Webber ............................. 7. NAYS: None .............. O. ZONING: Council having referred back to the City Attorney to redraft a )roposed Resolution authorizing the issuance of a special permit to Dabney Floor and Tile Service Company for continuance of a certain nonconfornlng use of premises located at 1555 Lafayette Boulevard, N, W.. he presented sane; whereupon, Mr, Thonas offered the following Resolution: (Ulg530) A RESOLUTION authorizing the issuance of a special pemit for th~ ~renises located at 1555 Lafayette Boulevard, N. Wo, being part of Lot 4, Block 18, Map of Villa Heights, Official Tax No, 2450202. (For full text, see Re~-lutlon Book No. 35, page 1~1.) Mr. Thomas noved the adoption of the Resolution, The notion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas and Trout ............. NAYS: Mr. Wheeler and Mayor Webber ................................2. AUDITORIUM-COLISEUM: Council having directed the City Attorney to prepare the proper measure aut~orizing the execution of au agreement with 5. B. Reironimus Company. [ucorpora~ed.'relative to the sale of tickets for eventa at the Roanoke Cl~ Center, upon certain terns and conditions, he presented same; whereupon, Mr. Lisk offered the following emergency Ordinance: (Ulg531) . &~ ORRXNANCZ authorizing the execution of an agreement with $. H. Reironminus Company, Incorporated, relative to the sale of tickets for events at the Roanoke Civic Center, upon certain terms and conditions; and providing for an emergency. (For fall text of Ordinance, see Ordinance Book ~o. 55, page 162.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber--~-~ .... ~ .......... ' ........ 7. '' NAYS: None .............. AIRPORT: Council having directed the City Attorney to prepare the proper measure coocnrrlng~in u requested amendment to that certain agreement dated June 26, 1969, between the City of Roanoke and ITT Consumer Services Corporation for the opera tloa Of the aa*,moire parking lot at Roanoke Mnn~ipal (Mo,drum) Airport so ns to per mit ao increase in parking rates and to provide for the installation by I~! Consumer Services Corporation, at its own expense, of a control gate system for the airport employees' parhing lot, he. presented same; mhereupon, Mr. Wheeler offered the fol~dn emergency Ordinance: (u19532) ~ ORDINANCE concurring.in a requested amendment to that certain agreement dated June 26, 1969. between the City and ITT Consumer Services Corporation for the operation of the automobile parking lot at Roanoke Municipal Airport so as to *ermlt increase in parking rates; and to provide for the installation by ITT Consuuer Services Corporation, at Its own expense, of acm *roi gate system for the Airport employees* parking lot; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 163.) Mr. Nheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by tho following vote: AYES: Messrso 6arland, Lisk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ............................. NAYS: None ..............O, In this connection, the City Manager submitted the following report with regard to a study o f the roadway and ph~cal traffic control situation at Roanoke Municipal (Woodrum) Airport, transmitting six main points of concern, advising it ia felt that funds preferably for chain-link fencing with post and chain fencing as an alternate are necessary to properly handle the Situation and proposing to construct wooden islands for the area immediately in front of the terminal: "Roanoke, Virginia February O, 1971 Honorable Mayor nod City Council Roanoke, Virginia Gentlemm: At the time ITT representatives first came to us several months ago about their parking lot difficulties, we mere in the process of a study of the roadway and physical traffic control situation at the airport, Because of their interest also me stepped up our work and also revised our ideas several times. 1.Automotive parking and lone control in front of the terminal where the roadway was widened in expectation ..hi the building addition. 2, Parking ar,nod the terminal. 3. Parking along the edge of the roadways. 4. Movement control at principal intersections by lane designation and islands. 5. Firm designation of areas of parking for employees, I Geritol Aviation, etc. 6. The condition of the roadmpy itself os to pavement, '471 · The City.Engineer hospr~pare4~a plan.of a~eds and qoot breakdown. I~cloded a~e islands, curb end gutter, fencing and roadusy.worh;..Z~ ia~:valld nod needed plat,, A main unit is the need to completely tah~ up much or the pavement. The pavement is simply,asphalt and stone on the ground~ There is no''base and little drainage. Proper Islands, curb and gut~er~connot be,constructed un*ii,the roadway Is,rebuilt. This is one reason me cannot do mhat properly should be done in front or the termiaal~as example. . ,The cost of:this uorh I.s $17~,000. ~Tkis nas reported to the Airport Committee. Nothing ls currently bodge~ed for this and In viem of the situation of funds it is assumed this ulll have to'be ~eld up. Thus we do not go in~o detail at this point~ At aa intermediate level. Is the pressing need to delineate the parking areas for employees, General Aviation, otc. This most be~done if me are ~o effectively ga into the park/ag control system as discussed by Cit~ Council, You are being sent a drawing of the areas proposed to be marked by fencing. The cost breakdomn on this ~ork is as follows: . , ~ , , · Chain-link , Post and Chain fencing fencing 'Empl~ees ~arking Lot $ 4,000.O~ $1,986.00 General Aviatlon'a~d '' R~ainess Parking Lot . 3,480,00 1,740,00 Roadway Fencing , 4,350.~0 , 2,175.00 Gravel and Grading 2.000.00. 2,000,00 Total $13,830,00 $?,gOl.OO It is felt that funds preferably'far the chain-link fencing~ with po~t and chain fencing aa aa alternate, ~re necessary to properly handle the s~uation. It is pwposed to construct wooden Islands for the area immediately in froot of the terminal. Respectfully submlttedt S/ Julian F, Hirst Julian F. HOrst City Manager" Mr. Li~k ~oved that Council concur in the recommendation of the City Mann and that the matter be referred to the City Attorney for preparation of the proper measure appropriating $?,901.00 to provide funds for the post and ~hain fencing and that the remainder of the ite~a referred to in the report of the'City Manager be referred to 1971-72 budget,st~ dy. ~he m~tton ~a$ seconded by Dr. Taylor and unanimously adopted. BUDdEd-INTEGRAtION-SEGREGATION-POLICE DEPARTMENT: Council having directed the City Attorney to prepare the proper measure providing funds for.the employment of 33 additional policemen and the purchase of 12 new police cars, Mr. Trout offered the following emergency Ordin~nce; (~19533) A~ ORDINANCE to amend and reordaia certain sections of the 1970-71 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance, ae~ Ordinance Book No. 35~ page 164,) by Mr. Lin p AYES: Hensvs. Garland, Limb, Taylor, Thomas, Trout, Hheeler and Hayor Webber ....................... ?. ~ . ~ NAYS: Hone .......~---0~ . . . MOTIONS A~/O MISCELLANEOUS BUSINESS: PL&NNING: Mayor Webber pointed .out that there is a vacancy on the City Planning Commission created by the resignation of Hr. C. E. Bunter, Jr., for a term of four years ending December 31, 1974, and coiled for nominations to fill the vacancy. Mr. Wheeler placed in nomination the name of Lo A. Durham, Jr. There being no further nominations, Mr. L. A. Durham, Jr., was elected as a member of the City Planning Commission for a term of four years ending December 31 1974, by the following vote: FOR MR. DURHAM: Messrs. Garland, Link, Taylor, Thomas, Trout, Wheeler and Mayor Webber .................. HEALTH DEpARTMEnT: Mayor Webber pointed out that the two year term of Mr. A. Byron Smith as a member of the Housing and Hygiene Board expired on January 31 lg?l, and culled for nominations to fill the vacancy. Dr. Taylor placed In nomination the name of A. Byron Smith. There being no further nonlnations, Mr. A. Byron Smith mas reelected as a member of the Housing and Hygiene Hoard for a term of two years ending January 1973, by the foil*ming vote: FOR MR. SMITH: Messrs. Garland, LInk, Taylor, Thomas, Trout, Wheeler and Mayor Webber ................. TRAFFIC-STATE HIGI~AYS: Mayor Webber pointed out that there is a vacancy on the Roanoke High.ay Safety Commission created by the resignation of Dr~ Richard H, Fisher for a term ending October 20, 1972, and called for nominations to fill the vacancy. Mr. Garland placed In nomination the name of Dr. W. ~. S. Butlert III. There being no further nominationst ~. W. W. S. Butler, III, was elected as a member of the Roanoke Highway Safety Commission to fill the unexpired term of Dr, Richard H. Fisher, resigned, ending October 20, 1972, by the foil.sing vote: FOR DR. BUTLER: Messrs. Garlhnd, Lisk, Taylor, Thomast ~rout, Sheeler and Mayor ~ebber ............. PERSONNEL DEPARTM~T: Mayor Webber pointed out that the ter=s of Messrs. Ralph K. Bowles, J. C. Crutchfield, ~illiam A. Martin, James M, Roe, Jr., Jlmmie B. Layman and Jonas G. lller as members of the Personnel Board will expire on February 28, 1911, and called for nominations to fill the pending vacancies. Mr. Llsk placed In nomination the names of Ralph g. Bowles, J. C. Crutchff* Nilllaa A. Martin, James M, Roe, Jr., Jimmie B. Layman and Jonas G. Eller. ~ There being no ~u~ther nominations, #essrs. Ralph K. Bowles, .J, C. Crutchffeldt William A. Martin, Jones.M. Roe, Jr;, Jlemie Bo Layman and Jonas £11er were reelected ~s eeub~rs of t~erperso~nel Board for terms of two years each beginning March 1, 1971, by the following vote: FOR MESSRS. BOWLES, CRUTC~FI£LD, MARTIN,. ROE, LAYM~ ~D ELLER: Masers, Garland, Lish, Taylor, Thomas, ~rout, Wheeler and Mayor Webber ......... ?, There being a* further business, Mayor Webber declared the meeting adjourned. APPRO.V£O A~EST~ /City Clerk, · _ ._ ~ _ ~ _ - Mayor COUNCIL. BEGULAR MEETING, Tuesday. February 16, 1971. The Council of the City of Roanoke met in regular meeting In the Council Chawber in the Ru~l~lpol Bnlldln9 Annex. Tuesday, February 16, 1971, at 2 p.e.. the reRular weeting hour, with Rnyor Web~er preaidinBo PRESENT: Councilmen Robert A. Garland. David K. Lisk. Noel C. Taylor. Hmpton W. Thomas. James O. Trout. Vincent S. Nheeler and Mayor Roy L. Webber ......7 ABSENT: None ............................................................ OFFICERS PRESENT: Hr. Jul/an F. H/rut, crt! Hannger, Mr. Byron E. Haner, Assistant City Ranaoer, Mr. James N. Klncnnon. City Attorney, and Mr. J. Robert Thomas° City Auditor. 1NVUCATION: The meeting was opened mith a preyer by Dr. Noel C. Taylor. Rember of Rom oke City Conncfl. MINUTES: Copy of the minutes of the regular meeting held on Mond~ February B. 1971. having been furnished each member of Council. on motion of Mr. Lisk. seconded by Mr. Trout and unnnimonsly adopted, the. readino thereof was dispensed with and the minutes approved as recorded. HEARIHU OF CITIZENS UPON PUBLIC HATTERS: ZONING: Council having set a public hearing for 2 p.m.. Tuesday. February 16. 1971. on the request of the Sosthview United Methodist Church. that property located at 3230 Cove Road. N. W...desoribed as Lot SB. Official Tax No. 2560134. be fez,ned from RD. Duplex Residential District. to C-I. Office and Institutional District. the matter was before the body. In this connection, the City Plannino Commission submitted the following report recommending that the request for Fez,wing be.oran,ed: "January 7, 1971 Tbs H,mumble Roy L. Webber. R~ or and Members of City Council Bonnoke, ¥trgieia Uqntlewen: The above cited request was considered b! the City Planning Commission~ its regular meeting of January 6. 1971. Hr. Leon R. Ky,chew. attorney representing the petitioner. Southviem United Re.h.dis, Church. appeated before the Planning ComuisnJon and noted that the petitioner is requesting this re- zoning in order:that be can offer this lot in question for sale. Re stated that there is prosently n single family unit on this · .lot, but that the chnrchhas no particular use for it. In addition. he noted that the commercial rezoning will enable him to sell this piece of land since it Is located adjacent to a commercial area. Mr, Kytchen stated that the C-I ~oning designation will present no additional traffic hazard or noise situations, and is situated adjacent to a commercial area. The Planning Director noted that this lot In question is con- tlguonn to a strong and vital commercial area presently zoned and that its rezoninG to a C-I zoning designation mould not detract from the General nature or character of the area, * In addition, he noted that the C-I zoning designation permits only those uses . which blend harmoniously with residential areas, and consequently this petitioned rezoning would have no deleterious impacts onthe quality of the residential neighborhood which surrounds it. ;475 Accordingly, motion mai made, duly seconded and unnuimonsl~ approved recomeeoding to City Council that this request be S! John fl. Parrott b~ Chairman' ConncJl in support of the request or his client, (~9S~4) AN ORDI~ANC~ to amend Title X¥. Chapter 4.1. Section 2. of The Code or the City of Roanoke, 19~6. us amended, and Sheet ~o. 2S6. Sectional 2560134, further known ns 3230 Core Road, ~. W.o Roanoke. ¥irginia. rezoned from AYES: Messrs. Garland, Lisk, Taylor, Th,uss, Trout, Wheeler and Webber ............................ 7. NAYS: None ............. BUDGET-SCHOOLS: Mr.'Samuel P. McNeil, Chairman of the Ronnoke City School Board, appeared before Council and requested that $36,500.00 be uppropriuted for the construction of field houses it Patrick Henry High School, Mlliiam Fleming High Schoe and Lucy Addison High School. In this connection, a communication from The Heights Club urging the nppros and immediate construction of field houses at Patrick Henry High School~WflllM Fleming High School and Lacy Addison High School, mas before tho body. Mr. Trout moved that Council concur in the request of the Roanoke City School Board and that the matter he referred to the City Attorney for preparation of the proper measure. The motion nas seconded by Mr. Lisk and unanimously adopted. BUDGET-SCHOOLS: Mr. Samuel P. McNeil, Chairman of the Roanoke City School Board, appeared before Council and requested that $59,000.00 be a~ropriated for the construction of a field house for Jefferson Senior High School, advising that one- fourth of the space is to be occupied by the Department of Parks and Recreation and to bo constr~ted at · cost to the City of Romanic of $19,000.00. In this connection, Mr. Melvin Shropshire and Mrs. Freida G. Tate, repre- senting the Jefferson Senior High School Booster Club, appeared before the body in support of the request of the Roanoke City School Board and advised that Jefferson Senior High School badly needs such a field,house. After a discussion of the request, Mr. Trout moved that the matter he referred to the City Manager to confer uith the Roanoke City School Bourd and report back to Council end,at the School Board be requested to review their budget to nscerta: mhetber or not there are any surplus funds available for this project. The motion mas seconded by Mr. Thomas and unanimously adopted. BUDGET~SCHOOLS: Mr. Sm uel P. McNeil, Chairman Of the Roanoke City Sch ool Board, appeared before Cquucil and requested thet $20,700.00 be appropriated to Sectic n$?O0, *Schools * gl Transportation,* Of the 1970-71 budget Of the Romoke City School Board, to provide additional funds to continue the transportation of students for the remainder of the school year. Mr. Garland moved that Council concur in the request of the Roanoke City School Board and offered the fol~mJng emergency Ordinance: (m19535) AN ORDINANCE to amend and reordain Section o5700 *Schools - Pupil.~fsnsportation,' of the 1970-71 Appropriation Ordinance, and providing for an (For full tent.of Ordinance, see Ordinance Book No. 35, page 165.) Mr Garland moved the adoption of the Ordinance. The motion mas seconded by Mr. Lisk and odopted by the following vote: .477 AYES: Measra. Garland, Llsh~ Taylor, Thomas, Trout, Fneeler mud Mayor ebber .............................. NAYS: None O. BDDGET-$Gfl0OLS: Mr. Samuel P. McNeil, Chairman of the Rocnoke City School Board, appeared before Council and requested certain transfers uithin the budget of Ithe Roanoke City School Board to defray au estimated deficit of $47,200.00 in the Pupil Transportation account. Mr. Garland moved that Council concur Jn the request of the Roanoke City School Board and offered the follomin9 emergency Ordinance: (s19536) AN ORDINANCE to amend and reordain certain sections of the 1970-71 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35, page 166.) Mr. Garland moved the ado priam of the Ordinance. The motion mas seconded by Or. Taylor and adopted by the folloming rote: AYES: Messrs. Garland, Lash, Taylor, Thomas, Trout, Mheeler and Mayor Mebber ........................... NAYS: None---~ ........O. EASEMeNTS-SPECIaL PERMITS: Mr. Prank N. Perkinson, Jr., Attorney, repre- senting DeHaven Transfer and Storage Company, Incorporated, appeared before Council and requested that an easement be granted to his client to allow the steps of their warehouse located at 629 Ashlawn Av~nne. S. M., to extend four feet on city property, pointing out that at such time as the,city Indicates a need for the property the steps will be removed at the expense of DeHaven Transfer and Storage Company. Incor- Mr. M~eeler moved that Council concur in the request and that the matter *e referred to the City Attorney fgr preparation of the proper measure. The motion was seconded by Dr. Taylor anQ unanimously adgpted. PETITIONS AND COMMUNICATIONS: PARKS AND PLAYGROUNDS: A communication from Mr. Richard M, Kienle, Chairman of the Roanoke Transportation Museum Committee, recommending that Mr* Joseph N. Aastil be appointed as a member of the Roanoke Tranport~ion Museum Committee, was before Council. Mr. Trout moved that Council concur in the recommendation and that Mr. loseph B. Austin he appointed as an additionnl member of the Roanoke Transportation luseum Committee. Themotion nas seconded by Mr. Garland and unanimoanly adopted. BUSES: A communication from the Roanoke Valley Teenage Democrats in :onnection math the increase in fares by the Safety Motor Transit Company, requestin! ;hat Council reconsider its action math regard to increasing the rates for students, ~as before the body. Nr. LIsh moved that the communication be referred to a committee composed of Measra. Robert A. Gtrlondo Chairman, Vincent S. Nheeler, J~. Robert Thomas nnd Jnlien F. Birat for their information. The motion was seconded by Mr. Trout and unanimously adopted. ZONING: A communication from #r. Stuart A. Barbouro Jr., ~ttorney, representing Mr. R. D. Peters and Peters Realty, Incorporated, requesting that pro- perty located on the north and south aides of Oaklnmn Avmue, N. N., described os Lot 1, Greenlamo Mop, Official Tax No. 2170120, and Lot A, being a portion of Officia Tax No. 2170320, be reaoued from RS-3, Single-Family Residential District, to RD, Ouplex Residential District, mas before Council. Mr. Ikk moved that the request for rezonJng be referred to the City Plannin Commission for study, report and recommendation to Council. The notion was seconded by Mr. Trout and unanimously adopted. REPORTS OF OFFICERS: BUD6ET-CITV ENGINEER: The City Manager submitted the following report recommending that $10,000.00 be appropriated to Operating Supplies and Materials under Section x62, *Snow and Ice Removal,' of the 1970-71 budget, to provide funds for chemicals used in connection with snow removal: 'Roanoke, Virginia February 16, 1971 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: ! attach a copy of a report to me by Mr. Clar~ Director of Public Moths, recommending an additional expense of $10,000 to your snom removal, operating supplies and materials account. This appears necessary and is in turn recommended to Council. The attached mend is explanatory. I become very much concerned as to the volume of chemicals that we use end the resultant cost. While control is used as much os possible to hold domn the amount of chemicals, on the other hand there are the responsibilities of the major highways, principal, streets and special conditions. Along mith this, there continues the expectation by many of the public that the City should put out even more chemicals than it does. #eather which combines either a very light snowfall along mith sleet or rain and very.low temperatures create a situation where plows and scraping is of practically no value and if anything at all is going to be done. itcan only be done with chemicals or gravel. You will note that there is within the total snow and ice account $10,000 unappropriated but this is under equipment rental. Respectfully submitted, S/ Julian F. Hirst Julian F. Birst City Manager~ Dr. Taylor moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: (alga37) AN ORDXNANCE to amend and reordaJn Section 'u62, *Snow and Ice Removal** of the 1970-71 Appropriation Ordinance, and providing for an emergency (For full text of Ordinance, see Ordinance Book No. 35, page 479 Dr. Taylor moved the adoption of the Ordinance. The motion was seconded )y Mr. Thomas and adopted ~ the following vote: AYES: Messrs. Garland. Link. Taylor. Thomss, Trout, Mheeler and Mayor Webber ................... ?. NAVS:, None ......... O, ROANOKE FAIR-STADIUM; Council having referred I report or the City Manage~ In connection Mlth a request of the Roanoke Fair. Incorporated, to use Rnher Field on Sunday. August 29. 1971. back to him for the purpose of inquiring as to the hours the Fair would be in operation on said date. the matter wes again before the body. In this connection, Mayor Nebber advised that Mr. Malter A. Buckner, ] President of the Roanoke Flr, Incorporated, has requested that the matter be deleted from the agenda. Mr. Link moved that Council concur in the request., The not l~ was seconded by Mr. Thomas and unanimously adopted. AUDITORIUMoCOLISEUM: The City Manager submitted the follomlng report recommending that a change fund of $1,000.00 be established for the Roanoke Civic Center and that a $50,000.00 bond he established for Mr. Howard E. Radford, Director o[ the Roanoke Civic Center; "Roanoke. Virginia February 16, 1971' Honorable Mayor and City Council Roanoke, Virginia Gentlemen: It is anticipated that in the near future the Civic Center will begin .selling tickets for future events. In furtherance of this effort aud to assist in the ~peratton of the numerous concession stands throughout the Civic Center, it will be necessary for the administration of the Civic Center to have on hand enough money to provide change for these operations. It would be recommended that City Council establish a change fund of $1,000.00 for' the Civic Center DepartmentL In addition the City Auditor has indicated that the blanket bond of $2,500.00 is not sufficient for theManager of the Civic Cen'ter operation and has recommended that the bond for Mr. Howard Radford be established at $50,000.00. ' The City Attoruey has prepared and pr'guided Council with the ~ecessary pape.r,s:to implement ~h~se two act isls. Respectfully submitted, S/ Julian F. Hirst Julian F. Nirst City Manager" Mr. Thona~ moved that Council concur in the recommendation of the City Manager and offered the following Resolution authorizing the establishment of a chan fund in the Roanoke Civic Center: (n1953g) A ~ESOLUTION authorizing the establishment of a change fund in the Roanoke Civic Center. (For full text of Resolution, see Resolution Book No. 35, page 167.) mmm Mr. Th,mis moved the adoption of the Resolution. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Ressrs. Garland. Lisk. Tailor. Thomas. Trout. Wheeler and Mayor Webber ........................ ?. NAYS: None ......... O. Mr. Trout offered the following emergency Ordinance fixing the penalty of the surety band required of the Oirector of the Roanoke CIvic Center: (a19539) AN ORDINANCE fixing the penaltT of the surety bond required of the Director of the Roanoke Civic Center; and providing for an emergency. (For full text of Or~uance. see Ordinance Book No. 35. page 168~ Mr. Trout n,red the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the f,Il,ming vote: AYES: Messrs. Garland. Lash. Taylor. Thomas. Trout. Wheeler and Hayor Mebber ............................. ?. NAYS: None ........~ ..... O. CITY ENGINEER: The City Manager submitted the following report trans- mitting a communication from Rt. William F. Clar~q Director of Public Works, in connection with the Public Murks Service Center, advising that he concurs in items 1, 3 and 4 of the communicatkn from tbe Director of PubHc Works but that item 2 is omitted at thei~edlate time since there is a need for a brief period of additional days to more closely formulate the program of modification to the structure and development of the property: "Roanoke, Virginia February 14, 1971 Honorable Mayor and City Council Roanoke. Virginia Gentlemen: Me are pleased to have developed what ue think would be an ex- cellent situation for a new public works service center. It is tn be recalled that the 19&7 capital .improvement bond Issue provided $1,000,000 for such a facility. Over a time since then we have looked at a great number of sites, conducted analyses, engineering studies and in each instance have been hesitant in a final recommendation up until we have learned Of this particular location. I attach a report to me dated February 10, 1971, from Mr. William F. Clark, Director of Public Murks, with an accompanying map more specifically describing the tract of land. *Re nowfeel that our lengthy search for a site to establish a Public Murks Service Center has resulted in a good locatkn. An option has been secured on a tract of approximately nine (9) acres at the northxest corner of Patterson Avenne and 24th Street, N. M. Reference the attached plan outlining the pro- perty owned by Club View Corporation. The location offers good access.to all parts of tbe City not only from existing thoroughfares bat also considering the soon-to-be-bid Norwich Bridge improvement and the Tenth Street highway project which mill include a new railroad overpass. The property is already aoned heavy manufacturing so taat no complications would result from our intended usage. Bail siding is available on the northerly side of the tract. Of ~481 tremendous ndvantoge ia the existelce of u 37,000 square feet warehouse structure ou the site uhlch con be modified.for relatively-prompt occnpnlcy by our Garage iud MsJntenonce Divisions. This aliens for e~rly relocation from inadequate quarters at the present location of these operations st Campbell and'Norfolk Avenues. $.E. The' remaining portions of the tract ere wooded iud rolling terrain uhlch cas be regroded and developed for uther Public Norka activities, including Sanitation. Traffic Engineering iud Street Mainte- nance. As you know, the 196T Oond Referenduw included funds for this project, #e ere most anxious to proceed with this development end recommend the following: 1. The City promptly exercise the option for $300.000 with Club View CerporatJm for the site described herein. 2. Ne solicit proposals and return to Council with recom- mendations for on architect to proceed to develop plans for modification of the existing structure on the property. and ultimately development of the remainder ef the tract. 3. Ne also seek engineering assistance with preparation of plans and specifications to construct n refuse transfer station on the present site of the garage and shops. 4. Additional property adjacent to the Club Yleu Corporation tract nay become available and should be considered for acquisition by the City at such time.' I would concur with Mr. Clark in his recommendations in his report as to items 1, 3 and 4 and would invite the City Council's consideration of authorizing ~ appropriate instrument to enable thc City to exercise its option. Item 2 is omitted at this immediate time as we need a brief period of add, annul days to more closely formulate our program of modification to the structure and development of the property. Respectfully submitted, S/ Julian P, HOrst Julian F. HOrst City Manager" Mr. Mheeler moved that the matter be discussed in executive sessim. The motion was seconded by Mr. Thomas and unanimously adopted.. SEI[ERS AND ~IORM DRAINS: Council having referred to the City Manager for study, report and recommendation a communication from Mr. Jerry M. Grubb, repre- senting Mrs. 61adys M. Davenport, advising that she wishes to construct a single family dwelling on Lot I1A, Block 13, Map of Waverly Place, but that the city has constructed a sewer line with two manholes on this property which makes it impossible to erect the structure without fir!t removing the sewer line. that the city acquired an easement on said property in 1946. that the easement was for a storm drain not a sanitary sewer line, that the city also constructed a twelve inch storm drain on the opposite side of the property in which they do not have nor have tried to obtain an easement and requesting that the City ~f Roanoke remove the sewer line in order for him to erect said single family dwelling, the City Manager submitted the following report transmitting a communication from the Director of Public Norks advtslcg that it will be necessary for Mrs. Davenport or the building contractor to effect the required relocation of the sanitary sewer before proceeding with the pro- posed dwelling and pointing out that his review of the matter would indicate that city should retnJn the position stated by the Director of Public Vorks end that this would be the equitable way for all involv?d, to proc.end: ~ 'Roanoke, Virginia February 16, 1971 Honorable #syor and City Council Roanoke. Virginia Gentlemen: On January Il, 1971. Hr, Jerry W. Grubb appeared before the City Council in regard to a decision that hud been given to him as to the handling of semer line matters on property uhich he proposes to build upon on Greenbriar Avenub. S. K. Hr. ~rubb presented his request in a letter dated January 6, 1971, addressed to tho City Council. which became n part or your' Agenda. I enclose n copy of a letter dated November 19. 1970. from Mr. Clark, Director of Public Works, to Mrs. Dladys W. Davenport who ia th~ omnec of the property. It is felt that this letter adequately undproperly explains the potion of the City. It is of the City with Mr~.Grubb throughout which the situation as des- cribed by Mr. Clark has been consistently held to. My review of the matter, including maps and correspondence, would indicate that the City should retain the position stated by Mr. Clark and that this mould be the equitable nay for all ~volved to proceed. *November 19. 1970 Mrs. Gladys W. Davenport 1725 Kenwood Boulevard, S. E. Roanoke, Virginia This letter concerns property which you onn along Creenb£1ar Avenue, S. E., formerly lots 10-13, Block 12, Maverly Place, which have been recently re-subdivided into three (3) resi- dential building sites. AS you know, the City of Roanoke acquired some years ago an easement along Due of the former lot lines, which ease- neat affects' the iocationof one of the proposed dwellings. There has been some question raised as to the responsibility for.relocating the sanitary sewer which exists in this ease- It is acknomledged that the easement as Originally obtained nas intended for storm drain improvements. However, for some unknown reason the drain uaw not installed but rather a sanitary ~ener line, as presently exists. Nevertheless,. the sanitary sewer imposes no additional'restriction on your property beyond that which mould have been imposed by the intended storm drain. The expense to yon for relocating the volved. Furthermore~ due to the period of time mhtch has lapsed since this sewer was installed, the City has acquired use of tun easement by adversepossession. Should you ques- tion these opinions I might add that they have been rendered by our City Attorneyts office. Therefore. it will be necessary for you and/or the bulldog contractor to effect the required relocation of the sanitary sewer befOre proceeding mitb the proposed dwelling. Mr, Jerry Crubb. the contractor,'has requested an estimate of the cost forCity forces to perform tt~ work, Me will furnish this estimate as soon as possible, and if you prefer our doing the job payment must bain advance. Me would have to schedule theworh along with other projects, so if time is critical you may prefer engaging your own sub-contractor. It would be necessary for him to ~tain a permit from this office. The City mill provide survey, design, and inspection for this relocation at no additional cost. lddltionally~ it the revised alignment. The City will also provide plan and description for this easement and present it to yom for execution at the appropriate time. ~'483 If there ere forther qneationc on thie matter do not hesi- tete to contact us. re will be fo touch mith Mr. Grabb concerning our estimate for the sewer relocation. Very tray yours, S/ #llliam F. Clark Milllam F. Ch rk Director of Public #orks° Respectfully submitted, $/ Julian F. Hirst Julian F. flirst City Reneger" Hr. Thomas meted that'the report and communicat~ be received and filed. The notion Was s~conded by Hr.' Garland and unanimously adopted. SENERS AND STORM DRAINS-rATER DE'PARY#ENT: ~h'~ City Manager submitted a written report advising that ~e has informed Al~ord, flurdick ~nd Howsoa, Consulting £ngineer~, o~ the importance of proceeding with planning on sewage treatment facilities and that the Fifth Planning District Commission has been notified by the City Clerk. Mr. Thomas moved tl~ t the report be received and filed. The motion was seconded by #r. Lisk and unanimously adol~d. PERSONNEL DEPARTMEhT: The City gannger submitted a written report advising Of the appointment of Mr. Danny D. OyleF as Assistant Personnel Director of the City of Roanoke. Hr. Lick ~nved that the report be received and filed. The motion nas seconded by Dr. Taylor and unanimously adopted. ' CITY ATTORNEY: ~he ~ityAttorney sub~tted a written r~port advising of the appointment of Hr. Robert P. Geary as an Assistant City Attorney effective February 1, 1971. Mr. Lick moved that the r~port be received and filed~ The'motion was seconded by Hr. Thom~s and unanimously adopted. AUDITS: The City A~dttor snbmit~ed'a financial F~port o'f the City of Roanoke fo~ the month of January', 197~.' Mr. Lick moved that the report be received and filed. The motion was seconded by Hr. Trout and unanimously a~ pred. AUDITS-SCHOOLS: T~e City Auditor'snbnitted a written report transmitting an examination ~f the records of the'~lghlund Park Elementary School for the school year ended June 30, 19VO, advising tbat'the record~ were in order and the Statement of Receipts and Disbursements reflects recorded transactions for the period and the financial condition of the fund at the end of the audit period. Mr. Nheeler moved that the report and audit be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted n written report transmitting in examination of the records of the Round Hill Elementary School for the school year ended June 30, 1970. advising that the records ~ere in order sad the Statement of Receipts and Disbursements reflects recorded transactions for the period and the financial condition of the fund at the e~d of the audit period. Mr. Wheeler moved that the report nnd audit be received.and riled. The motion mas seconded by Mr. Trout and unanimously adopted. AUDiTS-SCHOOLS: The City Auditor submitted a mritten report transmit~ng an examination of the records of the Oakland Elementary School for the school year ended June a O, 1970, advising that the records were in orde; and the Statement of Receipts and Disbursements reflects recorded transactions for the period and the financial condition of the fund at the end of the audit period. Mr. Wheeler moved that the'report and audit be received and filed. The motion was seconded by. Mr. Troat and unanimously adopted.. REPORTS OF COMMITTEES: SEREHS AND ~TOBM DRAINS: Council having referred to a committee composed of Messrs. Hampton W. Thomas, Chairman, Vincent S. Mheeler and Julian F. Hirst for study, report and recommendation a request of the Roanoke County Board of Sapervisor~ that the Sewer Committee of the City of Roanoke meet with the Sewer Committee of Roanoke County to discuss possible joint financing of improvements to the Murray Run sewer line; a Resolution adopted by the Town of Vintou that the City of Roanoke Sell to the Town o£ Vinton surplus water for resale in Roanoke County and permission to allow the sewage from the proposed A. ~ W. Development Corporation residential by the City of Roanoke; a Resolution of the Roanoke County Board of Supervisors that the contract between the City of Roanoke and the County of Roanoke dated September Rm. 1954, dealing with the treatment of domestic and commercial wastes, he amended by adding thereto Area Ho. I - 55 acres ~ Rt. 419 at Route 119 (Starkey Read), and Area No. 2 - 11.11 acres, ~ north of Route 460 east and west of Granby Street; and a Resolution from the Roanoke County Board of Supervisors requesting that said contrao be amended by adding thereto Area No. I - 526.7 acres ~ including the north Burlington Heights, Belle Haven and Otterview Gardens Area of Worth County and Area Ho. 2 - 67.3 acres ~ including Ardmore, Worth Ardmore and the remaining lands of g. J. Miller, et ux., the committee s~bmitted the following report in connection with the various requests: *Roanoke, Virginia February 16, 1971 Honorable Mayor and City Council Roanoke. Virgiaia · Tour City Cou·eiX~Se~er/¢&tn~tt~ton Febr~"~r~lG'te~cShsid~r'' the various requests lo dst~ th·t have.come to tke City'G0u·cil from thc Roanoke Coanty~Board of Supervisors.ln~kk'e'ust~e~ or~sewe~ facili- ties and sewer ·rear within the County end which,requests the Council 1. On its Agenda'of January 25."1971~ th~ Council re~eived · let- ter from the Chairman o! the Board of Supervisors requesting .that the Conncll*s 'ccunittee~meGt with the Sewer~Commitkee or Roanoke County to discuss possible Joint financing of improvements'to the Mnrrhy Man'$ewerLlee~'- This ~oint meet- ing has been held mitb the conclusion that more current and Involvements in the construction Of · parallel line to or a replacement of the Murray Run saner line us it passes through the City from the Jefferson Mills area to the Roanoke River Interceptor. This infnrwstiu· will be developed ln's preliminary manner by the City's engineering department and brought back to the Council committee for o later meeting with the County group. 2. The Council on January 11, 1971, received a communication from the Tomn of ¥inton transmitting their Town Council resolutims requesting the availability of City water and permission for sewage connection for'a proposed A C M Development Corporation residential development east of the Blue Ridge Parkway. The coenittee felt that sewage service r~preseuted the major matter of decision and should be resolved prior to a decision on water. It ~ould be not in the interest of best planning to develop the area with public water or to authorize the development without complete clarification of the procedure for handling of sewage. The City has just entered into · Joint agreement ~th the Town of Vinton on the handling of over~lom in excess sewage, due to the Inadequacy of the ¥1nton sewage treatment plant, into the City of Roanoke treatment plant. The committee understands that all of the necessary approvals-and:details have~n6t been worked out with other authorities on this interconnection. As this new area, proposed by Vinton. will add to waste volume in the ¥1nton system, it is the opinion of the committee that further consideration of this development should be held until facilities has been cleared by the State Mater Control Board and other agencies involved and the more detailed plans are 9anus to any other~development within this section' of the County and thereby represents the extension of public sewer service into a presently undeveloped area math potential of future expansion requests. 3. The following are areas that the County has petitioned the City by resolutions for amendments to establish new resolution areas under the Roanoke County-City of Roanoke sewage treatment a. Roanoke County Resolution of January 13, lg?l. Area I - SS acres - Fred p. Bullington. This area is generally north and west of the intersection of Starkey Road and old Route 11~. Under the exist~g system it would be pumped at the Green Valley Pumping Station over into the Mud Lick line. Thls~would'bea ~atter of pumping out of one drainage basin into another water shed whereas the Murray Run water shed Would be theproper drainage area for this proposed acreage. It is the committee*s recommendation that a decision on this be delayed pending further hond~n9 of the proposals on the Murray Run line as aborementtoned. b. Roanoke County Resolution of January 13, 1971. Area 2 - Il.Il This location is north of U. S. 460 on the east side of the City and west of and adjoining the Industrial Park. This area could be connected into the recent new City sewer line on Orange Avenue uhich theConnty Public Service Authority extended bnyond the cerpor,tf~llmitsto the Industrial Park. It is the recommendation of the committee that this area be approved by n resolution. c, Roanoke County Resolution of January 27, 1971. Area I - 526.7 acres - North Burlington Weights; Belle ffsven and Ottervfem Gardens Ssbdivisions, et cetera. This Is sizable acreage~sb~th of Interstate Gl and north of Peters Creek Road nnd nest of Plantation R~d. Because of the sine of tan ereannd~tbe potential volume discharge it is reit that more detailed information and planning should be developed. The County is being requested to furnish a map or this area and pending this information, the committee mould recommend that consideration of this proposal be deferred. d. Roanoke County Resolution of January 27, 1971. Area 2 - 67.3 acres - Ardmore, et cetera, subdivisions. This is the Ardmore and Summerdeau areas generally south of U. S. 11 and south of the Rollins area. A map and more detailed planning information is needed es to this area to determine line location and potential volume. Pending this information, it mould be recommended by the committee that consideration on this request be deferred. Respectfully submitted, S/ Hampton W. Thomas Hampton M. Thomas, Chairman S/ Vincent S. Mheeler Vincent S. Mheeler S! Julian F. Hirst Julian F. Rirst* Mr. Thomas moved that the report be received and filed. The motion mas seconded by DF. Taylor and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION A~D CONSIDERATION OF ORDINANCES A~O RESOLU~IONS~ BUDGET-AIRPORT: Council having directed the City Attorney to prepare the proper measare appropriating $?,901.00 to Supplies and Materials - Construction under Section n65, *Airport,* of the 1970-71 budget, to p~o vide funds for post and chain fencing and for the construction of wooden islands for the area immediately in front of the terminal btilding at Roanoke Municipal (Noodrum) Airport, Mr. #heeler offered the following emergency Ordinance: (#19540) AN ORDINANCE to amend ann reordain Section n65, *Airport.* of the 1970-71 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35° page lbO.) Mr. Mheeler moved the adoption or the Ordinance. The m~im was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Oarland~ Lisk, Taylor. Thomas, Trout, Rheeler and Mayor Rebber .................. T ......... ?' NAYS: None ................ O. :'48'7 ~OTIONS AND ~ISCELLANEOUS BUSIAZSS: COUNCIL: Dr. Tuylor prc~ented ~he follomiug communication sdvisis9 thst February is Brotherhood #,nth end requesting that the members of-Council publicly commend the schools, churches, synagogues and community organizations £or proclaimio! Brotherhood and being its edvocotea: WFebruacy 11. 1971 The Honorable Boy L. Webber end #embers of Roan,he City Coancil #unicipnl Building Roanoke. Virginia Gentlemen: As you already know February is Brotherhood #,nth. This year. I am sure all o£ us are especially grate£al for the many activities sponsored by the Churches and Synagogues o£ the community, our school administration, neighborhood organiaations and radio.and television stations to promote Brotherhood. It fs this type o£ action that will guide us through this turbulent period of transition. We know that God is not interested merely in the freedom of Black men. and Braun men. and Yellow men; God is interested in the freedom of the mhole human race--the creatim of a society in which all men appreci- ate the dignity and worth of the individual. The great principles of love and justlce mhich stand at the center of the Brotherhood movement are deeply rooted in our Jude,- Christian heritage. Today the Churches and Synagogues are facing the challenge of leading men al,ag the path of true Brotherhood. zomethtng the lam cannot do. Genuine Brotherhood will come mhen men are obedient to the unenforceable. There is un impressive distinction between enforceable and unenforceable obligations. The former are regulated by codes of society and the vigorous implementation of lam enforcement agencies. But. unen£orceable obligations are beyond the reach of the laws of society. They coccern inner attitudes and expressims o£ compassion which lam books cannot regulate and Jails cannot rectify. Such obligations are met by one's commitment to an inner law that is written on the heart. Mac-made laws assure justice, but a higher lam produces love. Brotherhood involves our willingness to give to others 'every right and dignity we claim for ourselves. Brotherhood is essential to the fulfillment and perpetuation of American democracy. It is our cont~ntion that the world-wide acceptance of Brotherhood as the rule of life for Nations is essential to permanent peace. Therefore~ I ask the ~embers of this Council to oubliclv commend our schools, our Churches and Sram..ames. and our camm.nary organizations for eroc]aimJna Brotherhood and beina its What we are doing in our .mn community speaks more loudly to others than anything we can say. I am not saying that we ha~e*reached our goal. I un saying that many organizations and individuals are striving to establish conditions within which Brotherhood is possible. Through these efforts men and women everywhere will know that our Judeo-Christian faith transformed the jangling discords of our community into a beautiful symphony of Brotherhood. Respectfully submitted, S/ Noel C. Taylor Councilman Noel C. Taylor~ Dr. Taylor moved that Council concur in the communication. The motion seconded by Mr. Trout and unanimously adopted. There being no further business, Bayor ~ebbcr declared the meeting adjourned. APPROVED Mayor '.'489 CouNciL, REGCLAM MEETZNG, Monday, February 22, 19T1. The Council of the City of Mounoke met lu regular meetiug lu the Council Chamber in the Municipal Building Annex, Monday, February 22, 19TI, at 2 p.m., the regular meeting hour, with Mayor Mebber presiding. PRES~NT: Councilmen Robert A. Garland, Noel C. Tuyior. Hampton W. Thomas, James O. Trout, Vincent S. Mheeler and Mayor Roy L~ Mebber ........... ABSENT: Councilman David K. LJsk l OFFICERS PRESENT: Mr. Julian F. HJrst, City Manager, Mr. Byron E. Bauer, Assistant City Manager, Mr. James N. Kincanou, City Attorney, and Mr. J. Robert Thomas, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend James Sheldon, Pastor, St. Timothy*s Lutheran Church. MINU'/ES: Copy Of the minutes of the regular meetJngheld on Tuesday, February 16, 1971, having been furnished each member of Council, on motion of Mr. Thomas, seconded by Mr. Trout and unanimously adopted, the reading thereof mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: CAPITAL IMPROVEMENTS PROGRAM-MUNICIPAL BUILDING: Pursuant to notice of advertisement for bids on installing a municipal electronic communications control center and related base station radio and monitoring equipment, said bids to be opened at 2 p.m., before Council, Mayor Mebber asked if anyone present had any questions about the advertisement and no me 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: Name Part I Part II Total ;Technical Products Engineering Co. - $108,100.00 $31,800.00 $139,900.00 Motorola Communications and Electronics, Incorporated - 119,857.00 24,333.00 144,200.00 Dr. Taylor moved that the bids be referred to u committee to be appointed by the Mayor for tabulation, report and recommendation to Council, the City Attorney to prepare the proper measure, or measures in accordance w~th the recommendation of the committee. The motion.was seconded by Mr. Garland and unanimously adopted. Mayor Mebber appointed Messrs. Byron E. Bauer, Chairman, Robert A. Garland, James D. Sink, J. Robert Thomas, Alfred T. Bechley and Marten E. Trent as members of the committee. ZONING: Council having set a public hearing for 2 p.m., Monday, February 22, 1971, on the request of Mr. Samuel J. Elliott that the southern portion of Lot 15 Hlock 5, Lee Hy Gardens #up, Official Tax No. 1610325, be renamed from RS-3, Single- Family Residential District, to RG-2, General Residential District. the matter was before the body. In this connection, the City Planning Commission submitted the following report recommending that un RG-I renocing be approved in lieu of the orJgJnnl request for an RG-2 rezonlng only for that portion of the lot extending from the sewer ease- ment south to Drundon Avenue, S. "January 21, 1971 The Honorable Roy L. Nebber, Yayor and Members of City Council Roanoke. Virginia Gentlemen: The above cited request was considered by the City Planning Commission at its regular meetings of January 6 and January 20, 1971. Hr. Kidd, Attorney for the petitioner, appeared before the Planning Commission and noted that bis client owns this parcel of land in question that contains an area of about 22,045 square feet. He stated that the petitioner would like to build an apartment structure on the southern half of this site, to contain about 16 units. Sr. floynton, a member of the Planning Commission inquired about the required perking facilities noting that the petitioner may face some problems since the topography of u large portion of this lot is somewhat extreme. The Planning Director noted that he concurred with Hr. Kidd that any rezoning considerations of this parcel should exclude the lots fronting on South Derwent Drive and conse- quently be concerned only with that portion fronting on Rruudon Avenue. The Planning Director stated that there wes a need for a buffer strip between Brandon and South Derwent, and that ac apartment development might adequately.fulfill this purpose. He did, however, recommend that the RG-I zoning designation would, perhaps, be more consistent since the Brandon Ridge apartment development located adjacent to this parcel is zoned RC-I. Finally, the Planning Director noted that the three other adjoining lots on this block fronting Drandon Avenue and adjacent to the lot in question should be treated as a total development, particularly in regard to ingress and egress. At the January 20th meeting of the Planning Commission, Mr. Kidd agreed to a RG-I rezoning of this parcel in lieu of the original RG-2 rezoning request and to include only that portion of the lc, extending from the sewer easement south to Brandon Avenue and to maintain that portion of the lot extending from the sewer easement north to South Derwent Drive in its present RS-3 zoning designation. Accordingly, motion was made, duly seconded and unani- mously approved to recommend to City Council that the RG-1 rezonin9 request be approved (in lieu of the original RG-2 renaming request) only for that portion of the lot extending from the sewer easement south to Brandon Avenue. Sincerely, S/ John H. Parrott by L. K. John H. Parrott Chairman~ Mr. Edward S. Kidd, Jr., Attorney, representing the petitioner, appeared before Council in support of the request of his client. Mr. Aubrey E. Kessler, 2775 Derwent Drive, S. N., appeared before the body and presented a petition signed by 27 residents of Derwent Drive, S. opposing the rezoning because of a sewer easement and specifically opposing any I rezonlng attempt which mould extend the rezoned boundary beyond the half way point Of the lot area lying between Bvnndon Avenue on the south and Derwent Drive on the north, advising that the extension of the zoning beyond the southern bait of this lot mould seriously encroach upon the residential portion et this area and inflict undue nuisance and disadvnntage upon adjacent property owners. #r. Kidd explained that the rezoning mill include only that portion of the lot extending from the sewer easement south to Brandon Avenue and that the rezonlng mill not effect uny of the properties fronting on Oerwent Drive, S. U. Hr. Kessler then stated that he mould not hare uny objections to this Mr. Thomas then moved that the following Ordinance be placed upon its first reading: (WlqS41) AN ORDINANCE to awned Title XV, Chapter 4.1, Section 2, of TAn Code of the City of Roanoke, 1956, us amended, and Sheet No. 161, Sectional 1956 Zone Hap, City of Roanoke, in relation to Zoning. MDEREAS. application has been wade to the Council of the City of Roanoke to have that southern portion of Lot IS, Block S, Lee Ry Gardens Map. Official Tax No. 161032S, located on Brandou Avenue. S. M.o and recorded in Roanoke City Deed Book 712, page 156, vezoned trow RS-S. Single-Family Residential District, to RG-I. General Residential District; and MDEREAS. the City Planning Cowmission has recommended that the hereinafter described land be vezoued fFOW RS-3. Single-Family Residential District, to DO-I. General Residential District; and~ MDEREAS, the written noticb and the posted sign required to be published and posted, respectively, by Section TI, Chapter 4.1~, Title KV. of The Code of the City of Roanoke, 1956, as amended, relating to Zoning', have been published and iposted as required nndforthe time provided by said section; and MHEREAS, the hearing as provided for in said notice was held on the 22nd day of February, 1971', at' 2'p.m., before'the Council of the City of Roonohe, at which hearing all parties in interest and citiz,ens mere~given an opportan, ity to be heard, both for eel against the proposed rez.ouing; and MDEREAS, this Council, after c.onsidering the evidence as herein provided, is of the opinion that t~e hereinafter described land should be rezoned. THEREFORE, DS IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoni.ng, and Sheet No. 161 of the Sectional 1956 Zone Map, City of Roanoke, be amended in the follomingparticular and no other, viz: Property located on Brandon Avenue, S. M., Roanoke, Virginia described as that southern portion .of Lot 15, Block 5, Lee By Gardens Map, Official Tax No. 1610325, and recorded in Roanoke City Deed Book ?12, page 165, designated on Sheet 491 161 of the Sectional 1966 Zone Map, City of Roanoke, ss Official Tax No. 1610325, be, and ia bercby, changed from ga-3, Single-Family Residential District, to RG-Io General Residential District, and that Sheet No. 161 of the aforesaid mop be changed in this respect. The motion Wis seconded by Mr. Garleed Dad adopted by the following vote: AY£S: Messrs. Garland, Taylor, Thomas, Trout. Wheeler end Mayor Webber .6. NAYS: None .....O. (Mr. Lisk absent) ZONIHG: Counc~having set a public hearing for 2 p.m.. Honday, February 22, 1971, on the request of Mr. R. M. Poindcxter that property located in the 2000 block of Byrd Avenue. N. E., described as Lots T - 17, inclusive, Block 3, Official Tax Nos. 3120304 - 3120308. inclusive, Laurel Terrace Land Map, be rezoned from RD. Duplex Residential District, to RG-2. General Residential DistriCt. the matter mas before the body. In this connection, the City Planning Commission submitted the following report recommending that the request be denied: #January 21, 1971 The Honorable Roy L. Mebber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request mas considered by the City Plan- ning Commission at its regular meetings of January 6 and Jan- uary 20, 1971. Mr. Richard Pence, representing ~e petitioner, appeared before the City Planning Commission and noted that his client wishes to rezone these above noted parcels to a RG-2 zoning designation to enable him to construct apartment units. Be noted specifically that the petitioner bad Inadvertently constructed an eight-unit apartment structure on one of. the parcels (Tax Map Key 3120304) that he is requesting to be rezoned to a RG-2 designation. In addition, Mr. Pence stated that the general surrounding area is too steep for industrial uses and that a RG-2 zoning designation mould be more appropriate and serve as a suitable transitional none between the residential and industrial uses. The Planning Director noted that many factors indicated that this general area should be rezoned at some future date for an industrial zoning classification considerin9 the heavy preponderance of truckinga~d related-establishments located mithin the area, the proximity and accessibility of Patrick Henry Avenue, a major th~n traffic truck route (Plan- ned to be widened to s 90-foot right-of-may) located mithin the area, easy access to railroad routes, and the future indus- trial developments proposed in the ~lmball urban reoemal project that will further 9enornte the need for additional truck traffic. The Planning Director noted that the majority of all the trucking terminals'in the City of Roanoke are located mithin this circumscribed area - 6 trucking terminals. In addition 6 warehouses are located within this general area. The PI'arming Director pointed OUt that the topography of this general area does in fact lend itself to industrial and industrial-related uses noting that many blocks in this area have slopes of less than seven percent. The Planning Director pointed out that the land requirements for industrial-commercial developments in Roanoke mill increase in the future because of the general gromth of the transportation industry in the City. 49;3 These ~uture~groutk.indus&riea.cou!d.include wholesaling and muEehoaue operations, snell sine trucking tezuiaels, automotive and related uses, and'mill necessitate that land suitable tar their development be nude available rot this purpose. The Plu~ui~g §l~ect~r no,ed tkat e~th~ugh definite trends pointed to the changing character-or thin.general area to one note discernible and evident. The'~l~nufng DJ're'tar discu~ed the general'problen of defiance or the zoning co~e, and using this as a lever tar requesting u rezonlng or the parcel based on hardship considerations. He stated that granting rezoning petitions on these specific grounds establishes an Irreversible trend that t~eds to erode the e~fectJrenenn and value o[ the After due consideration of this request a notion was nude, duly seconded and unaniuousl~ approved to recommend to City Council to deny this request. Sincerely, S/ John H. Parrott by Lo M. John Ho Parratt Mr. Richard F. Pence. Attorney, representing the petitioner, appeared before Council in support or the request of his client. ~o one appearing in opposition to th~ request for rezoning, Mr. Trout moved thatthe following Ordinance bo placed upon its first reading: (n1~542) AN ORDINANCE to anend Title X¥. Chapter 4.i, Section Z, of The Code c~ the City of Roanoke. 1~55. os amended, and Sheet No. 312, Sectional Zone Map, City or Roanoke, in relation to Zoning. WHEREAS. application has been made to the Council or the City of Roanoke to have Lots ? - 17, inclusive, Block 3, Laurel Terrace Land Map, Official Tax Nos. 3120304 - ~120509, inclusive said property being located at the corner of Larchwood Street and Kanter Road, N. £** and in the 2000 Block of Hyrd Avenue, rezoned from RD, Duplex Residential District to RG-2, General Residential District; WHEREAS, the City Planning Commission hah recommended ~hat the hereinafter described laud'not.be rezoned from RD, Duplex Residential District. to RO-2, General Residential District; and WHEREAS, the written notice and the posted sign ~eq~lred to be published and posted, respectively, by Section ?1, Chapter ~.1, Title ~V. of The Code of the City of Roanoke, 1956. as amended, relating to Zoning, have been published and posted as required and for the tine provided by said section; and WHEREAS, the hearing as provided for in said ~otice was held on the 22nd day or February, 1971, at 2 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given anopportunity to be heard, both for an against the proposed rezoning; and WHEREAS, this Council, after considering the evidence es herein provided, is of the opinion thit t~ hereinafter described land should be resorted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Title IV, Chapter 4.1, Section 2, of The Code of the City Of Roanoke, 1956, es amend ed, relating tn Zoning, end Sheet No. 312 of the Sectional 19&6 Zone Map, City Roanoke be amended in the following particular sod no other, viz°; Property located in the 2000 block of Byrd Avenue, N. E** and et the of Lnrchmood Street nnd Ennter Rand, M. E** described ns Lots inclusive, Block 3, Lnnrel Terrace Land Map, designated on Sheet 312 of the Sectional 1966 Zone Map, City of Roanoke, ns Official.Tax Nos. 3120~04 - 3120306, inclusive, be, and Is hereby changed from RD, Duplex Residential District, to General Residential District, and that Sheet No. 312 of the aforesaid map be changed in this respect. The motion was seconded by Mr. MheeleF and adopted by the following vote: AYES: 'Messrs. Garland, Taylor, Thomas, Trout, Wheeler and Mayor Mebber--~ MAYS: None O (Mr. Lisk abseut) PETITIONS AND COMMUNICATIONS; PLANNING-POLICE DEPARTMENT-JAIL-MUNICIPAL BUILDING-CAPITAL IMPROVEMENTS PROGRAM: A communication from Mr. Lee B. Eddy, Chairman of the Roanoke County Board of Supervisors, transmitting a Resolution adopted by the Roanohe County Board of Supervisors in conuectin with meeting w~th the Mayor of the City o£ Roanoke, the Mayor of the City of Salem and the Mayor of the Town of Vinton and such other parties uno may be interested in order tn ascertain mhether the governments of the Roanoke Valley would he interested in the construction of a regional courthouse, was before Council. Mr. Wheeler moved that the communication and Resolution be received and filed and that Mayor be authorized to represent the City of Roanoke. The motion seconded by Mr. Thomas and unanimously adopted. ELECTIONS: ~A communication from Mr. Andrew B. Thompson, Chairman of the Electoral Board, advising tl~ it is the recommendation of the Electoral Board that the Williamsou Road Precinct No. 4 which is currently located at Michael*s Bakery, 3336 Milliamson Road, N. W., be moved to the Round Hill Elementary School at 2020 Oakland Boulevard, N. M., was before Council. Mr. Trout moved that the matter be referred to the City Attorney to ascertain whether er not the precinct can be moved ~ithout clearance through the federal government and for preparation of the proper measure in accordance th~ ewith The motion was seconded by Dr. Taylor .and unanimously ad,opted. PL~qNI~G: A cowmuuicntion from Yr. Henrr B. BOFnton, tendering bis resiguntion ns e member of the Fifth Plsnning District Commission, effective immediately, uss before Council. Mr, Wheeler moved that the resignation be accepted with regret. The motion wes seconded by Mr. Garland rna unanimously sd~pted. POLICE DEPARTMENT-JAIL: Copy of u communication from Mr. H. P, Mason, Jails Superintendent, Striae Department of Welfare and Institutions, advising of un inspection of the city Jail and lockup on Febr'ua~y 10, 1971, mss before Council, Dr. Taylor moved that the communicition be received and filed. The motion wes seconded by Mr. Trout., Mr. Garland offered n substitute motion that the City Sergesnt be instructed to take steps to modernize the present lockup with special emphasis to be placed on providing adequate drinking water, wash basins, other plumbing needs and general inhumane conditions. The substitute motion failed for lack of a second. The uriginnl motion was then adopted. Mr. Garland voting no. BDOGET-POLIC£ DEPARTMENT: A communication from the Fraternal Order of Police than/lug the members of Council for their recent action in increasing the manpower and equipment in the Roanoke Police Department, was before the body. Mr. Wheeler moved that the communicatinn be received and filed. The motion wes seconded by Dr. ~a~lor and uuunimousiF adopted. RADIO-TELEVISION: A communication from Mr. Claude D. carter, Attorney, representing Roanoke Cablevision, Incorporated, transmitting an application in which his client is seeking authorization to construct and operate a cable antencu television system in the City of Roanoke, was before Council. Mr. Thomas moved that the matter be referred to Mr. Vincent S. Wheeler for his information in connection with his study of the question of permitting the construction ufa community antenna television system in the City of Roanoke. The motion was seconded by Mr. Trout and unanimously adopted. COMPLAINTS-SEWERS AND STORM DRAINS: A communicntion from Mr. and Mrs. Add. R. Brown, 933 Dale Avenue, S. E., complaining of sewage backing wp in their basement from the main sewer line, was before Council. Mr. Thomas moved that the matter be referred to the City Manager for investigation and report to Council. The motion was seconded by Mr. Trout and unanimously adopted. BUSES-SCHOOLS: A communication from Mr. E. B. Hill, expressing a complaint over the Roanoke City school system goicg ~nto the busing business, advising that 'the decision has been made in haste and will compound many problems that me now have in transporting students, was before Council. · Mr. Wheeler moved that the communication be received and filed. The moti~ was seconded by Mr. Trout and ununimoUSlF adopted. ZONIHG: A communication from Mr. J.. Thomas Engleby: III, Attorney, representing Mr. Janes M. Brammer, et ax., Mrs. Ida Ollie Byrd, Mr. John G. Pollard, ret ax., Mr. Houston N. Ferguson, and Mr. Elmer G. Quam, et ax., requesting that iproperty described as Lots 20, 21 and the eastern 10 feet of Lot 19, Block 8, )skrldge Addition, Official Ynx Nc. 4212216, Lot 1, Bloch 1, RcDonnld Additioso Official Tax No. 4212221, Lot 2; 8lock 1~ McDonald &dditlcn, Official Ynx Nco 42122 Lot 1, Ricoh g, McDoenld Addition, Official Tax No. 4212308 nad Acreage mud putt Of Lot 14, J. H. Mebb Rap, Official Tax Nos. 4220212 and 4220211, be rezoned from RD, Duplex Residential District, to C-~, Ccnerol Commercial District° w~s before Council. Mr. Yhom~s moved that the request for rezoni~9 be referred to the City Planning Commission for. study, report nnd recommendation to Council. The motion mos seconded by Mr. Trout and unanimously adopted. REPORTS OF OFFICERS: PERSONNEL DEPARTRENT~CIYy EMPLOYEES: The City Manager submitted the following report trsnSwitting u communication written b~ him to the Personnel Board, exprnssing the opinion that the process of appeals before the Personnel Board could be strengthened l~ the hearings on these appeals could be-recorded verbatim, suggesting that this be done b~ the court reporter type arrangement ct by mechanical equipment to be later transcribed: *February 17, 1971 Mr. Jimmie D. Layman Chairman Rcauohe City Personnel Board c/o Sanitation Division CltT of Roanohe Roanohe, ¥irginla Dear Mr. Layman: .' -. AS i am confident the Personnel Board realizes, just as me do administratively, the personnel policies and procedures of the City of Roanoke have become tn very recent years more and more important aa to their application to employees of the City. The very thorough groundwork laid by the Personnel Board several years ago in estab- lishing policies, a pay and classification plan. etc. and as subse- quently authorized by the City Conncil are becoming increasingly recognized as to their value in providing orderly processes of personnel administration. The trend of the times ts indicating that our procedures and policies are more and more subject to review and j.adgment, not only by our employees themselves but by persons outside of the Gity government. This gives support to the importance of continuing the awareness of the need to constantly review proce- dures and ~licies that they might not only assure fairnes~ tn the treatment afforded to the employees but also that they might stand in appraisal by those who review them as to their consistency with other standards in the labor administration field. Rlth this in mind, I would again assure the Personnel Board of our full receptiveness administratively to recommendations and opin- ions from the Personnel Board on our city'personnel.practices. la this light, I would mahen suggestion to the Personnel guard for your consideration, I feel that the process of appeals before the Personnel Board could be strengthened if the hearings on these appeals would be verbatim recorded. This could be done by the court reporter type arrangement or by mechanical equipment later tran- scribed. Under such a system there would be a firm record Of the proceed- ings for the benefit of the employee, for the Board or others who may be subsequently involved. Fortunately, and I believe this is a credit tO the City and its personnel program, the number of appeals coming to the Personnel Board are very few over any period of time. Zhus it is anticipated that there would not be a great deal of detail and cost inrolved by virtue of the rolume of cases coming before the Board. .e The'dlsposftl6n~of the'record.or'the heorlug would scent's me to be dependent upon~the..clrcuwstuoces under whlch tbe~heurlug=ls conducted.' Ir it.is a closed hoofing, uhich is ut the dis~retion of the employee, then thc"record'will become m matter'of oonfidentlol file, lf~lt~ls o public heuriug~'ogslh ut the discretion of the employee, then.the record'would.be open to tke extent of tke record of oaf p~blio proceedings, I know'thor in'wy situation.us Clt! U~nsger~:ln w! obligation of reviewing'for fl~ol~decisioi~ersoineloppeol notters~ there Mould be MuCh benefit to Bets hovd'nvoiloble the record of the proceedings of Personnel Gourd sitting in.an nppeol ease. I connot properly attend un appeal heeling if l~ou to liter lmportiully review'the appeal. Therefore, the City Manager ls entirely dependent upon hearsay fuforwatfon rewording that which war preseale~ to the Personnel Boord~in the course or*its hearing of an appeal. ~ite obviously, entrene~caUtion'wust be rolloued in either seehiog or ~sing heorsay reports'on such o hearing. It is felk that the City Manager should logically be inca better position from time to tine on various cases to have the full background of the matter before him nith the addition of complete docnnentation of the proeeedings before the Personnel Board. · e would be glad, through the Personnel Department, to assist the Board in carrying out this proposal, if the Board feels it to hare merit, through making the necessary arrangements for such recording. Thank you for the continuing interest and valuable assistance of our Personnel Board. S/ Julian F. Hirst Julian F. Hirst City Ranager~ Mr. ThoMas moved that the report be received end filed.' The notion was - seconded by Mr. Garland and unanimously adopted. PERSONNEL DEPARTMENT-CITY EMPLOYEES-PAY PLAN: TheCity Manager submitted the following report respectfully reconnending that Council reaffirn by whatever method would be appropriate its concurrence la the prevailing Personnel Rules and merit system program which would relieve him of anticipated further problems and place all employees un the same system of personnel procedures: "Roanoke, Virginia :' February 22, lO?l Honorable Mayer and City Council Roanoke, Virginia ' · Gentlemen: ' ,-' · This is to return on the mutter of which ! have been before Council oh several occasions and is regarding the various problems that have developed as a result ofthe Council's decision last year in the adoption of the 1970=?1 budget, on the recommendation of the Council salary committee and the City Auditor. that a five percent (5~) limit be applied to any and all salary changes through- out this fiscal year. As you.will remember the tan promotions to Assistant Fire Chief positions had necessitated special action to adjust the,situation resulting from the limitation and then the Council called for the matter on the City Registrar*s salary which also resulted from the limitation. '. ' - There are a small number of other situations, some of which hare been strongly questioned by the employees themselves and others on which employees have not raised any issue. However, we nay be able to hold toese until the new budget year, The problem though is that these employees who have been affected by the limitation have been placed out of balance in perspective with other employees and out of balance with the existing Personnel Rules. 497 Our moin concern though l$ that through the.continuing of limitotion~_wO will have other lustnncee Which alii mt lemtt need lndfvfduol action one by oeebefore Cfty,¢nunoll. , Wi hive'spent a good ~eol:of time'trying to work out something in'the'way'or a'foruolized'ordinance oF rule that would apply to this situation, but each thing we cbme up With seems to add to the complication. I feel that.the ansuer'liea easily within the established Personnel'Rules and Pay'Plan-which are geared to.the merit systen policy os adopted by the City Council in 1966. ,~f, respectfuliy, the City Council would reaffirm by whatever method would be appropriate, its concurrence in the prevailing Personnel Rules and merit system program, then we would be in o follomed up until lest year. This would relieve us of anticipated further individual problems and would place all eupioyeas om the same system of ~ersonne! procedures. It is hoped that the City Council might favorably consider Respectfully submitted, S! Julian F. Hirst Julian F. Hirst City Manager" Mr. Garland moved that the report be received and filed. The motion was seconded hy Dr. Taylor and unanimously adopted. CAPITAL IMPROVEMENTS PROGRAM-SEllERS AND STORM DRAINS: The City Manager submitted a written report advising of approval from the Federal Environmental Protection Agency of the plans and specifications for DiviSion II of the Lick Run Interceptor Semer at an estimated cost of $35?,000.00 with federal grant participa- tion in the amount of approximately $107,000.00. Mr. Thomas moved that the report.he received and filed. The motion was seconded by Mr. Trout and unanimously adopted. . AUDITORIUM-COLISEUM: Council having adopted on Ordinance authorizing the execution of au agreement with the S. H. Heironimus Company, Incorporated, relative to the sale of tickets for events at the Roanoke Civic Center, th~ City Attorney submitted the following report transmitting au Ordinance Which will correctly set gu the hours during mhich Roanoke Civic Center admission tickets shall be agreed to be available for sale at the two S. H. Heironimns Company stores: "February 22, 1971 The'Honorable Mayor and Members of Roanohe City Council Roanoke, .Virginia Ordinance.No. 19531, adopted February 6, lq?l, on.the.recommenda- tion of the Roanoke Civic Center Advisory Committee, authorized execution of an agreement with S. H. Heiroeimus Company. Incor- porated, designating that company as an agency and place for the sale of Roanoke Civic Center admission tichets. Based on the specifics of the recommendation, the ordinance, itself, outlined the details of the agreement authorized t o be entered into by the City. Upon passage or,the ordinance and after preparation of written agreement to be eateredinio between tho parties, the andersfgned mas advised by Heironimos thatthe open hours of its eToue rst and *Crossroads* stores are £roa lOcO0 a,m.~until 9zOO p.w**'Monday, through Friday, and from 10:00 a.m. until 6:00 p.m., on Saturday, rather than those hours, set out In the Committee~reportaad, accordingly, in Ordinance No. 19531~ abovenentioned, ~ It mould appear in order that Ordinance No, 19S31 be amended to that extent. Accordingly, there is transmitted for the Couneil*s consideration and action, n measure, prepared as an emergency ordinance, mhich mould amend Ordiannce No. 19531 so ns to correctly set out the hours during mhich Roanoke Civic Center admission tickets shall he agreed to be available for sale at the two outlying stores of $. ~. NeiroaJmus Company. Adoption of the Ordinance now transmitted is recommended, so tin an agreement as authorized by the first-mentioned Ordinance may be executed by the City and its agent designated for the sale or admission tickets. Respectfully, $/ J. N. Klncanon J. N. Kincanon' MF. Trout moved that Council concur in the reporter the City Attorney and offered the following emergency Ordinance: (zig543) AN ORDINANCE amending Ordinance 1971. authorizing the execution of an agreement with $. H. Hcironimus Company, Incorporated, relative to the 3ale of tickets for events at the Roanoke Civic Center, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 35, page 170.) ~r. Trout moved the adoption of the Ordinance. The motion was seconded by ~r. Thomas and adopted by the following vote: AYES: Messrs. Garland, Taylor° Thomas, Trout, lheeler and Mayor lebber .................... 6. NAYS: None ....... O. (Mr. Llsk absent) AUDITS-SCHOOLS: The City Auditor submitted a written report trnnsmttting an examination of the records of the Nest End Elementary School for the school year ended June 30. 1970. sdvising that the records were in order and the Statement of [Receipts end Disbursements reflects recorded transactions for the period and the financial condition of the fund nt the end of the audit period. Mr. lheeler moved that the report and audit be received and filed. The motion mas seconded by Mr. Trout and unanimously adopted. AUDITS-SCHOOLS: The City Auditor submitted a written report transmitting an examination of the records of the Melrose Elementary School for the school year ended June 30, lg?o, advising that the records were in order and tho Statement of Receipts and Disbursements reflects recorded transactions for the period and the financial condition of the fund at the end of the audit period. Mr. Nheeler moved that the report and audit be received and filed. Yhe motion mas seconded by Mr. Trout and unanimously adopted. STME£T$ AHD ALLEYS: Council having referred to the City planning Conmis- nlnn for sandy, repnrt nnd reeomnendbtJon the requaat or the Times-World Corporntlo~ tbnt s certain alley lying uithln nnd extending through Bloch 6, Official Survey Southwest Section 1o in nn east-west direction from Second Street to Third Street, S. W., said bloch bounded on the north by Salem Avenue,on the east by Second Street, $. Wa, on the south by Campbell Avenue and on the west by Third Street, $. W., be vncntedo discontinued and closed, the City Planning Commission submitted I written report recommending that the request be grnnted predicated on the City of Uonnnke relnlnlng nil utility easement rights located ulthin this right of may. Mr. Trout moved that n public hearing on the reqnest for vacating, dis- continuing and closing the alley he held at 2 p.m., Monday, #arch 22, 1971. The motion man seconded by Mr. Thomas nod nnnnJmonsly adopted. ZOHING: Council having referred Lathe CitT Planning Commission for study, report and recommendation the request of Ur. Clinton L. Pultn that property located at 603 Strand Road, N. E.. described as Lots I and 2, fllock 11, Laurel Terrace Land Hap, Official Tax No. 3121101. be rezoned from LH Light Uannfacturing District, to RD, Duplex Residential District, the City Planning Commission submitted a written report recommending that the request be denied. In this connection, a communication from Hr. Hurray A. Stoller, Attorney, representing the petitioner, requesting that a public hearing be held on the request for rezonlng, was before Council. Ur. Trout mated that a public hearing on thc request for rezoning be held at 2 p.m., Monday, March 22, 1971. The motion mas seconded by Mr. Thomas and unanimously adopted. S~REET NAMES; Council having referred to the City Planning Commission for study, report and recommendation the request nf Hr. Edmund T. Morris, Jr., Executive Hnnager of the Roanoke Industrial Center, that the street beginning at the present eastern extremity of Industry Avenue. S. E., and running in n southerly direction to the dead end st premises now occupied by the Davis H. Elliot Company and being the street constructed by the Virginia Department of Highmays and accepted into the street system of the City of Roanoke during the fall of 1970, be designated as Progress Drive, S. E., the City Planning Commission submitted the following report recommending that the request be Granted: "February 18, 1971 The Honorable Roy L. Mebber, Mayor and Hembers of City Council Roanoke, Virginia Gentlemen: The above cited request mas considered by the City Planning Commission at its regular meeting of February 17. 1971. The Planning Director recoamended that this men ntreet~ Frcgress Drive, $.'E.'~a~seW ecceS~ r~ed l~cated uithin the Roanoke Industrial Center. be accepted and designated as part of the street system of the City of Roanoke, since there are presently no streets, in the ~City.uith the same or similar name. Progress Drive, S. E** begins at the eastern end of Industry Avenue, S. E** (extended) end extends ~ln a Southerl ~ direction for a distance of approximately 1380 feet terminating approximately 75 feet south or the railroad spur and adjacent to the Water Plant Settling Station. Accordingly. motion was made. duly seconded and unanimously appr0~ed'~CommendJng to City Council that this item be approved. f ..... S~nc~ely, s/ John H. Porrott by L. #. '' ' John ~. Parr~tt Chairman" Ry. Mheeler moved that Council concur in the recommendation of the City Planning Commission and that th,e fn~llowing Ordinance be placed upon its first reading: (m19544) A~ OR01HA~CE designating and fixing the name Progress Drive. S. E., to a certain new street in the southeast quadrant of the City. IHEREAS, at the request of n representative of the Roanoke Industrial Center that a certain new street recently constructed in ~aid indastrial area as an industrial access road be non formally designated and named as herein~fter provided. the Council referred the proposal to the City Planning Commission for study, report and recommendation back to the Council,; and WHEREAS, said Planning Commission has reported to the Council under date of February lO, 1971, that said Planning Commission has considered the proposal in regular meeting and. finding no other street in the City similarly named, recommends that said new street be named as requested, in all of mhich the Council concurs. THEREFORE. BE IT 0RDAI~ED by the Council of the City of Roanoke that that certain new street or access road recently constructed and located in the Roanoke Industrial Center area of the City. beginning nt the end of Industry Avenue. S. (extended) sod extending in n southerly dfreotfnn approximately 15SO feet. terminat- ing approximately ?S feet south of the railroad spur tract adjacent to the water plant settling station, be and is hereby designated and named Progress Drive. S. BE IT FURTHER ORDAINED that the City Engineer be. and he is hereby directed to cause the above street name to be appropriately noted on all maps and pints lodged in his care; that the City Rsnager be. and he is hereby authorized to cause the placement of appropriate street name signs on said new street; and that the City Clerk transmit tn the Postmaster ot Roanoke six (6) attested copies of this o~dinance, in order that said Postmaster be apprised of the aforesaid street name. The notion was seconded by Dr. Taylor and adopted by the following vote: 50: AYE3: Nessra. Garland, Tnylor, Tbomaa. Trout, Wheeler and Nayor febber ........................ 6. NAYS: None ........... O. (Er. Lisk absent) REPORTS OF COMMITTEES: UNFINISHED BUSINESS: NONE. CONSIDERAYIO~ OF CLAIMS: NONE. INT~OD~CTIO~ ~ND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 19534, rezoning property located at 3230 Cove Road N. W., described ns Lot 5B, Of£1cial Tax No. 2560134, from RD, Duplex Residential District, to C-I, Office and Institution District, having previonsly been before Council for its first reading, read and laid over, mas again before the body, Or. Taylor offering the following for its second reading and final adoption: (n19543) ~ ORDINANCE to amend Title X¥, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 256, Sectional 1966 Zone Map, City o£ Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 35, page Or. Taylor moved the adoption of the Ordinance. The motion was seconded by Nv. Garland and adopted by the following vote: AyES~' 'Messrs. Garland, Taylor, Thomas, Trout, Vheeler nnd Mayor Webber~--- .................... NAYS: None ...........O. (Mr. Lisk absent) .... ~CNOOLS-UNITED STATES POST OFFICE: Mr. Wheeler offered the following Resolution addressed to certain United States Officials expressing the continuing interest of the City of Roanoke in acquiring the property now owned and occupied by th*e Government as the Main Post Office and Court House Building in the City of (~19545) A RESOLUTION addressed to certain United States officials, exp~easing the City*s continuing interest in acquiring the property now owned and occupied by the Government as the Main Post Office and Court House Building, in ~he City of Roanoke. (For full text of Resolution, see Resolution Book No. 35, page ~70.) Mr. Wheeler moved the adoption of the Resolution. The motion ~as soconde~ by Mr. Trout and adopted by the following vote: ~AYES: Messrs. Garland, Taylor. Thomas, Trout. Wheeler and Mayor Webber .......................... 6. NAYS: None ........... O. imf. Lisk absent) EASEMENTS-SPECIAL PERMITS: Council having directed the City Attorney to prepare the proper measure permitting a temporary encroachment into the sidemalk and street area of Ashlawn Avenue, S. M., for a distance of approximately four feet of four concrete steps erected on 0fflclul Tax NO. 1420602, upon certain terms and conditions, he presented same; mhereupon, Hr. Iheeler moved that the follouing Ordinance be'placed upon its firut reading~ (n19546) AN ORDINANCE permitting a temporary encroachment into the side- mulh and street 8rea of Ashlnwn Avenue. S.U.o for a distance of approximately four (4) feet or four certain concrete steps erected on Official No. 1420602. as shown on the Tax Appraisal Rap of tau City of Roanoke. upon certuin terms and conditions. WHERE~S. written request has been wade to the Council that permission be granted to continue to maintain as an encroachment into the masterly sideualk and street area of the six hundred block of Ashlawn Avenue. S. M.. four concrete steps mhich, as constructed on Official No. 1420602, designated u629 Ashlumn Avenue, S. W.. are four feet wide and extend four feet into the aforesaid sidewalk and street right-of-way; and NHEREAS, pursuant to the authority vested in local governing bodies by § 15.1-376 of the 1950 Code of Virginia, as amended, and as provided in Sec. d, Chapter ?, Title XV of the Code of the City of Roanoke, 1956, as amended, this Council is agreeable to said proposal and is willing to permit the encroachment here. in mentioned, upon the terms and conditions hereinafter contained. THEREFORE, HE IT ORDAINED by the Council of the City o~ Roanoke that permission be, and is hereby granted to DeHaven Zransfer and Storage Company, Inc., the numar of Official No. 1420602, as shown on the Tax Appraisal Map of the City of Roanoke. located on the westerly side of Ashlawn Avenue, S. M., its successors and assignS, to continue and maintain as an encroachment into the sidewalk and street right-of-way area of Ashlawn Avenue. S. M., but not to extend more than four (4) feet,into said street and sidewalk area as measured from the front line of the aforesaid lot, four (4) existing concrete steps, four feet wide, said steps to be properly and safely.maintained at the sole expense of the aforesaid owner, its successors or assigns, subject to the'limitations contained'in [ 15.i-3~6 of the 1950 Code of' Virginia. abovem~ntioned; it,t; be agreed by said permittee that by maintaii- lng such encroachment, said permittee and its successors and assigns agree to indemnify and save harmless the City of Roanoke of and from all claims for injuries or damages to persons or property ~hat may arise by reason of Such encroachment over said public sidemalk and street area; and further, that the within permit shall be revocable at the pleasure of the City Council. BE IT FURTHER ORDAISED that the proviaiuns of this ordinance shall not become fully effective until such time as a written permit made pursuant hereto shall have been issued by the City*s D~ildingCoemJssioner to the said property owner, or its duly authorized representative, and until an attested copy of this ordinance shall have been duly signed, sealed, attested and acknomledged by said owner sad uhsll have been admitted to record, at the cost of said omner, in the Clerh's Office of the Hustings Court of the City of Nosnohe. EXECUTED and accepted by the undersigned this day of ig?J: DeHaven Transfer and Storage Company. Inc President ATTEST: Secretary STATE OF VIRGINIA § To-wit: CITY OF ROANOKE I, a Notary Public in and for the City of Roanoke in the State of Virginia, do hereby certify that and President and Secretary. respectively, of DeBa~eu Transfer and ~torage Company. Inc., whose names as such. are signed to the foregoing writing executed the ~day of . 19TI, have personally appeared before me in my City and State aforesaid, and acknomledged the same. GIVEN under my han~ this day of 19TI. Notary Public The motiom was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Taylor. Thomas, Trout, lheeler and Mayor Nebber 6. NAYS: None .... O. (Mr. Lisk absent) SEM~RS AND S~ORM BRAINS: Council having directed the City Attorney to prepare the proper measure offering to amend the contract of September 26, 1954, between the City of Roanoke and the County of Roanoke, relative to the transmission and treatment of certain sewage and acceptable Wastes, by adding thereto a certain 11.11 acre area of land situate north of Route 460, east and west of Crumby Street, in Roanoke County, owned by Thomas G. Cox, and others, upon certain terms and pro- visions, he presented same; mhereupon~ Mr. Thomas offered the following Resolution: (~19547) d RESOLUTION offering to e~end the City's contract of September 28. 1954, with the County of Roanoke, relative to the transmission and treatment of certain sewage and acceptable wastes, by adding thereto a certain 11.11 acre area of land, situate north of Route 460, East, and west of 6ranby Street, in Roanoke County, Owned by Thomas G. Cox, and others, upon certain terms and provisions. (For full text of Resolution. see Resolution Book No. 35, page 172.) Mr. Thames moved the adoption of the Resolution. The motion mas seconded by Mr. Wheeler end adopted by the following vote: AYES: Messrs. Garland, Taylor, Thomas, Trout, Wheeler and Mayor lebher ............ ~ ......... 6. NAYS: None .0. (Rr. Llsk absent) BUDGEToSCHOOLS: Council having directed the City Attorney to prepare the proper measure appropriating $36,S00.00 to the construction of field houses at Fatrick Henry High School, Rilliam Fleming High School and Lucy Addison High School, Dr. Taylor offered the following emergency Ordinance: (n19548) AN ORDINANCE to amend and reordain Section aBg, 'Transfers to Capital Improvement Fund," of the 1970=71 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 35. page 174.) Dr. Taylor moved tee adoption of the Ordinance. The motion was seconded by Mr, Trout and adopted by the following vote: AYES: Messrs. Garland, Taylor, Thomas, Trout, Wheeler and Mayor Jabber ............................. 6. NAYS: .None .............. O. (Mr. Link absent) MOTIONS AND MISCELLANEOUS BUSINESS: LEGISLATION: Mr. Mheeler moved that Mayor Mebber be authorized and requested to immediately contact the Governor of Virginia and each of the repre- sentatives of the City of Roanoke in the General Assembly of Virginia and urge their affirmative action and approval towards enactment by the General Assembly of legislation which would give immediate financial relief to localitie.s of the state in the form of early distribution to localities of their respective shares in the profits of the Alcoholic Beverage Control Board and wine sales; assumption by the state on July 1, 1971, of substantial portions of the costs of administering state and federal welfare programs now borne by the localities; and. further, recognize to the Governer and to the representatives of the city the action already taken towards makin9 available to localities additional state funds to assist in sewage disposal and water pollution control. The motio~ was seconded by Mr. Trout and unanimously adopted. AUDITORIUM-COLISEUM: Mr. Thomas road the following prepared statement in connection with establishing a separate accounting system for the operation of the Roanoke Civic Ce~ er: "February 22. 1971 TO: Rayor and Hembers of Council FROM: Hampton M. Thomas, Councilman $CBJECT: Separate Accounting System for Civic Center next' ni~ wffks; It ~s~bf~ the~ Utn~st'.i.mpo~t~uce; that~ council establish a foraol~policy ot~this'tine as to the method of handling the financial accounting far this larges~ale mhuicipally operated facility. One'has only t~iOmpore the orderly growth and development or the sewer and niter systems, both of which are operated on inde- pendent accounting systems, with the financial difficulties encount- ered in the operation of the uirportt which-is operated out of the general fund. to see that o.eeparate accounting systemfo'r such large-scale municipally operated facilities is both highly desirable und extremely practical i~ today*s business morld~ It is also Jn keeping with accounting procedures employed in other localities for similar operations. It is fallacious to assume that only proven profitable operations of the City should be on on independent accounting basis in antici- pelion of the possible future Issuance o! revenue bonds. To the coutrary~ good business practice dictates that a multi-million dollar investment such as our Civic Center must~be on a separate accounting system if me are to relate annual income to our investment on a lear=to-year cumulative basis. Also, our contracts and charges for use of the facility can be more effectively related to annualincome through the installation, implementation and maintenance of a separate system based upon sound accounting principles. I am certain that, if directed to do so. our City Auditor can formulate such a statement mithout undue difficulty wit~ the help of our computer. More imPortantly,it is the duty of each member of Council. as well as the right of all of our citizens, to know the ex~ot finunnial condition of the City at nil times and in every respect. It is for this reason that our City Auditor presently is directed to furnish Council a monthly statement of the financial condition of the City. This report is published and available to the public in order that they may be acquainted with the financial condition of our City on a month-to-month basis. ]ith this thought in mind, I request that, by Resolution, this Council direct the City Auditor to: {l) Formulate nnd establish a separate 'accounting system for the Civic Center operation; (2) Formulate and publish a separate status report in the monthly financial statements outlining the financial condition of the Civic Center operation in such detail as he deems pertinent and as the dictates of good accounting procedures requires; and (3) If for nny reason difficulties arise wherein the City Auditor feels that additional authority or implementation of this Resolution is required, that Council be promptly advised of sane in order that this request can be instituted and effected in a timely fashion." Rt. Thomas moved that Council concur in his recommendation and offered the following Resolution: (~19549) A RE$OLI~flO~ relating to certain additional accounting procedur to be employed in the financial operation and control of the Roanoke Civic Center. .(For full text o! Resolution, see Re~olution Rook No. 3~ pnge 1~5.) Mr. Thomas moved the adoption of tee Resolution. The motimn was seconded by ~r. 6arland and adopted by.the following vote: A~ES: Resets. 6orlando Taylor, ~homas, Trout, ~heeler and Mayor · ebber ................................ ~-' NA~S: None .................. O. (gr. Link absent) ROANONE CITY ARTS COMMISSION: Mayor Webber advised that he has nppolnt~d Dr. Noel C. Ta~lor as a member of the committee to advise Council math reference to the establishment of n'City of Roanoke Arts Commission pursuant to Section 63 of the City Charter. Mr. Wheeler moved that Council concur in the appointment made by Mayor Webber. The motion mas seconded by Mr. Trout and unanimously adopted. TRAFFIC-STATE HIGHWAYS: The City Clerk reported that Dr. M. M. S. Butler, III, has qualified as a member of the Roanoke Highway Safety Commission to fill the unexpired term of Dr. Richard H. Fisher, resigned, ending October 20, 1972. Mr. Trout moved that the report be received and filed. The motion mas ceconded by Mr. Wheeler and unanimously adopted. PLANNING: The City Clerk reported that Mr. Lo Aa Durham, Jr., has qualified as a member of the City Flanixin9 Commission for a term of four years ending December 31, 1974. Mr. Trout moved that be report be received and filed. The motion mas seconded by Mr. Wheeler and unanimously adopted. PENSIONS: The Cl~ Clerk reported that Mr. Thomas T. Moore has qualified ac a member of the Advisory Committee on Investment of Funds to the Board of Trustees of the Employeec* Retirement System of the City of Roanoke, Virginia, for a tern of three years ending December 31o 1973. Mr. Trout moved that the report be received an~ filed. The motion mas seconded by Mr. Mheeler and unanimously adopted. There being no further business, Mayor Webber declared the meetin~ adjourned. A P P RO-VE D Mayor