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HomeMy WebLinkAboutReel 36 (7/30/1973 - 11/11/74)£F~T1FI~,TE OF ^tFflEIITICITY THIS IS TO CERTIFY THAT THE PERPb~ENTLY YALUAgLE RECORDS OF THIS OFFICE AS LISTED ON THE TITLE SHEET t~ERE HADE AVAILABLE FOR HICROFIL~H~G DY THE LOCAL ]~ECORDS ]~RANcH OF THE ~[RCHIVES DIVISION OF THE VIRGINIA STATE Li'BRARY AS AUTHORIZED BY SECTIONS 15,1-8, q2,1-82, AND q2,1-83 OF THE CODE OF VIRGINIA, THE PURPOSE OF THE . HlcRoFIu$ING IS TO PROVIDE SECURITY COPIES OF THE RECORDS, COUNCIL, REGULAR NEE?lNG, Monday, Ouly 30, 1973o ;he Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Honday, July 30, 1973, at 7=30 p.m., the regular"meeting hour, with Mayor Roy L. Webber ~residing. PRESENT~ Councilmen Robert A. Garland, WilliamS. Hubard, David K. Llsk, Noel C. Taylor, Hampton W. Thomas, James O. ~rout and Mayer Roy L. Webber ...................................... 7. ABSENT= None .....................0. OFFICERS PRESENT= Hr. Byron E. Haner, City Hanager; ~r. Samuel H. ~cGhee, III, Assistant City Manager; Hr. James N. Klncanon, City Attorney; ~r. H. Ben Jones, Jr., Assistant City Attorney; and Hr. John N. Hitchell, Assistant City Auditor. INVOCATION= The meeting was opened with a prayer by the Reverend Haco W. vonHacke, Pastor, Emmanuel Lutheran Church. HINUTES= Copy of the minutes of the regular meeting held on Monday, July 23, 1973, having been furnished esch member of Council, on motion of Hr. Thomas, seconded by Hr. Trout and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS= TRAFFIC-HAI~KET-PLANNING= Council having set a public hearing for 7=30 p.m.~ ~nday, July 30, 1973, on the questions of whether the City of Roanoke should mdertake a project to provide, acquire, construct and equip off-street parking Facilities and whether the city should authorize, issue and sell under the ~irginia Public Finance Act not exceeding $5,000,000.00 general obligation ~nds of the city to pay the costs of such project, the matter was before the Hr. Willlam R. Hill, Executive Vice President, Downtown Roanoke, ;ncorporated, and Secretary, Central Roanoke Develot~nent Foundation, appeared ~efore Council and read the following prepared statement addressing himself to ~peciflcs which he feels will be helpful to Council in its dellberation and :o anyone who is interested in this project, observing that the new parking ~uilding will be the cornerstone of the renaissance Of Downtown Roanoke and ~at it seems obvious that the benefits of such a renaissance will be in~ence ~r the entire city and everyone in it= 'July 30, 1973 The Honorable ROy L. Webber, Mayor and Hembers of City Council Hunicipal Building Roanoke, Virginia Geatlemen= You have received a great deal of information about the project under consideration, all of which has been made public. We will no~ ettenp~.t~.go ove~.that g~ound agein~ but lnste&clwlll ndd~ess ~l~s:'~ s~c~fics we feel vlll~ helpf~ ~ ~u del~rat~on~.~d ~one ~ho ~s interested ~ ~ls 1. ~e feas~llit~ st~ ~hich rec~-~ded ~e s~ze, basic desi~ ~d l~ation o~ ~e n~ p~kin~ bulld~ng ~as p~e~red b~ Natio~l ~raqes~ Inco~ated~,of ~t~oit. ~ls.f~as selected fr~ a n~r oE c~l~tes afte~ ve~ careful consideration. Na21onal G~ages has ha~ ~ o~rat~g~ PlYing ~rience w~ p~king buildings for~re ~ 25 years ~ ~s regaled b~ pliers, develo~rs ~d o~er parking p~ofessionals as ~e ~st c~ies of its kind ~n ~e~rld. The develop~ b~ ~ls c~y has be~checked, re~ecked, supple- ~nted ~d u~atedb~ ~e C~al ~oke ~velo~2 Fo~dation w~ ~e assist~ce o~ a n~er of highly ~alified ~ople. a~e sa~isfied ~a~ i~ Is acc~a~e. 2. ~e me~ of fin~cing ~as explo~ed In great detail. ~e are convinced ~a2 ~e rec~ended ~ represents the ~s2 econ~cal ~d effici~t co~se for ~e Co~cil to foll~ in ~e ~st interests of ~e City. 3. In addition to being ~e largest ~d~st widely d[versi[~ed c~rc~al area ~n ~is reg~on~ ~t~ ~anoke ~s also ~n a ve~ real sense ~e region's largest p~lic fac~lity. Approx~tely one-~ird of ~t~s l~d area giv~ over to streets, highways~ bridges ~d p~l[c build~ngs. We all ~ ~e p~l~c has be~ h~dicap~d ~n using ~t~s o~e~[se at,active range of go~s, seduces and facilities by lack o[ ade~ate parking. Accordingly, ~ere ~s ~ple justification [or C~ty gove~nt to ~e its forest fac~llty ~re accessible to ~e p~l~c by p~v[d~ng ade~ate, located parking. ~[s ~s sup~rted by ab~d~t legal precedent ~d local gove~ent part~c~t[on ~n parking ~n scores cities al~ over ~e Un,ted S~tes. 4. In te~ of specific needs ~d beneE~ts, ~e require- m~t for ~e new parking building is obv~ous. ~en Developer PI~ ~d Progr~was p~l~shed ~n 1969, ~t cited a shortage o[ 400 parking spaces ~n ~e ~t~ core at ~at t~me ~d projected a d~d for 2,350 new ho~ly spaces as new develop- m~t occurred.; We11~ ~at new develo~ent ~s ~c~ring, s~e of ~t faster ~ we had envisioned. We still have ~e 400-space shortage, ~d new buildings are going to pre-~pt at least 200 ~re pr~e, core area parking spaces. Iron~cally~ while pre- ~ting ~rk~g spaces, ~is new develo~ent helps generate d~d for more park~g spaces. Th~s ~s ~rt of what hel~d dete~ne ~e p~ject~on for ~e s~ze of ~e new~rk~ng build- ing. ~e biggest part of ~e projection, h~ever, ~s based on ~e fact ~t ~e 1ocat~on for ~e new parking building is w~th~ a block-~d-a-half of v~rtually all of ~e ~jor generators park~g d~d ~n ~t~ ~oke. I must ~int out here ~at we did not ~aw that conclusion ~ ne[~er ~id ~e consulters. The people who use ~t~ ~oke -- ~e p~l[c, ~f you will -- ~ew it for us by d~nstrat~ng over a long ~r[od of t~e that ~[s is where they want to park ~f ~ey~re going to come ~t~. We also fo~d ~at wi~out additional parking ~ere just could not be ~y s[~f~c~t new developer in ~t~ ~manoke. It ~s ~terest[ng to note ~at before City Cocci1 began to ~e itself clear on ~e ~nt~t to provide additional parking, we had no a~o~c~ts of new high-rise office buildings. Now we have ~ree which w~ll Be ~der cons~ct[on ~[s year. ~e b~ef~ts to be derived fr~ ~is~k~n~ of develo~ent are s~st~al. Before cataloging ~, I ~ght obse~e at least one b~ef~t for o~ers of pro~rty on ~e park~g building site. It ~uld appear ~at ~ers of ~e p~perty ~n ~ educational t~st could re-~vest proceeds from ~e sale of ~at property ~d derive as mu~ for scholarships as ~ey have be~, wi~ none of ~le or,certainty ~n~lved in ~e operation of a parking lot. Hav~g said ~at, we c~ n~ obse~e ~at ~e c~ty~s ~nua[ real estate ~ gain from two new h~gh-r[se office buildings which depend at least pa~ally on ~e new ~rk~ng building w[11 ~ ~ut $150,000. T~t~s per ye~. It does not ~ncl~e addi- tional sales, lic~se ~d utility t~es, which we have no way of cal~lat~ng r~ght n~. It does not ~clude ~ real estate ~xes of~re ~at $165,000 to be pa~d on ~e new Federa~ Building, which we do not ~[~ could have been located ~to~wi~out p~vis~on for additional park~g. It does not include a surplus for ~e new park~g building itself, est~ted to average $~3,500 a year for ~e f~rst five yearsof operation. Nel~er does. it include consideration of additional parking ~n relation ~ the city's develo~ent of ~e m~ic~pal c~lex. Ne observed previously that the new parking building will be the cornerstone of the renaissance of Do~nt°vn Roanoke9 It seem~ obvious to us that the benefits of such a renaissan~e will be l~nense for the .entire city and eye.one in it. Sincerely, S/ William R. Hill #llliam R. Hill Executive Vice Pxesident Downtown P~anoke, Inc. Societal, Central Roanoke Development Foundation' Hr. Thomas Rutherfoord appeared before Council in support of the con- struction of the proposed parking garage. Hr. Paul Hollyfield, representing the Virginia TaXpayers Association and the Taxpayers Association of Roanoke Valley, appeared before Council and advised that the organizations he represents are opposed to the construction of the parking garage and requested that Council give the voters of the City of Roanoke the oppertenity of deciding whether or not the parking garage will be constructed by providing for a referendum on the question. After a discussion of the matter, Hro Trout~oved that the following Ordinance authorizlnq a p~oject to provide, acquire, construct and equip of£-streei parking facilities for the City of Roanoke and to authorize the issuance and sale of general obligation bonds of the City of Roanoke in an aggregate principal amount not to exceed Five Million Dollars ($5,000,000} pursuant to the publlc Finance Act of Virginia, to provide funds to pay the costs of such project be placed upon its first reading: (%21044) AN ORDINANCE to authorize a project to provide, acquire, construct and equip off-street parking facilitles for the City of Roanoke and to authorize the issuance and sale of general obligatlon bonds of the City of Roanoke in an aggregate principal amount not to exceedFive Million Dollars ($5,000,000) pursuant to the Public Finance Act of Virginia, to provide funds to pay the costs of such project. BE IT ORDAINED by the Council Of the City of Roanoke as follows: 1. The Council of the City of Roanoke {hereinafter referred to as the 'City'} hereby authorizes the undertaking by the city Of a project therein- after referred to as the 'PrOject') to provide, acquire, construct and equip off-street parking facilities in the City to be owned by the city, as authorized ~ Sections 15.1-14(2) and 15.1-884, Code of Virginia 1950, and Section 2 (12.1} of the Charter of the City. 2. Pursuant to Chapter 5 of Title 15.1 Of the Code of Virginia 1950, the same being the Public Fin_anco Act, for the purpose of providing funds to pay the cost, as defined in the Public Finance Act, of the Project, there are hereby authorized to be issued and shall be issued general obllgation bonds of the City i~ an aggregate principal amount not to exceed Five Million Dollars ($5,000,000), which bonds shall be designated 'General Obligation Parking Facility Bonds' (hereinafter referred to as tho 'Bonds'). The Bonds shall be of the denomination $5,000 each~ shall be numbered from 1 consecutively ul~ward in order ofmaturityl and shall bear interest at such rate or rates per annum as fixed by resolution of the'Council at. the t~me of sale thereof, provided'that the rate'or rates of ~nterest borne by the Bonds sha~l not exceed the maximum rate pe~mitted by law at the time of sale thereof. As shall be deter~ned by the City Auditor prior to the sale of the Bonds~ the Bonds shall be dated as of a date not later than the date of deliver~ of and payment therefor! shall mature in substantially equal installments of principal, or substantially equal installments of both principal and interest, the first installment of principal to mature not later than three (3} years from the date of the Bonds und the lest installment of principal to ~ature eot later than thirty {lO) years f~om the date of the Bonds; shall be payuble both as to principal and interest at a place or places within or without the Conanonwealth of Virginia, or both~ and may be subject to redelnptton prior to the stated maturities thereof at the option of the City at any time on or after ten (10) years from the date thereof at redemption premiums not exceeding four per centum (4%) Of the principal amount redeemed, upOn such notice of redemption as is provided in the of the Bonds hereinafter set forth. The interest payable upon the Bonds shall be payable on such dates, co~nnuncing not later than one year from the date Of the and semi-annually thereafter, as shall also be determined by the City Auditor prior to the sale of the Bonds. All such details shall he subject to ratification by the Council at the time of sale of the Bonds. The Council reserves the right to change~ prior to the sale of the bonds, any or all of the foregoing limitations on the details of the Bonds. Upon authorization by the council the Bonds shall be offered for sale for not less than the par value thereof, after publication of a notice of such sale not less than five days prior to such sale in a newspaper of general circula- tion in the City and, if deemed advlsable, in a financial journal published in the City of New York, New York. 3. The Bonds shall he signed in the nalne of the City by the facst~lile signature of the Mayor, shall bear a facsimile of the seal of the City attested by the facsimile signature of the City Clerk, and shall be authenticated By the manual signature of the City Treasurer. The COUpOns attached to the Bonds shall be signed in the name of the City by the facsimile signature of the City Treasurer, which shall be recognized by the City as having the salve legal effect as if such signa- ture had been written upon each coupon by the City Treasurer. The Bonds and the coupons to be attached thereto shall be in substantlally the following fo~n, with the t~xt which is in brackets to be inserted in the Bonds tf applicable to the details of the Bonds as flnally fixed: UNITED STATES OF AMERICA NUMBER NUMBER $5,000 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation Parking Facility Bond $5.000 KNO~LHEH BY THESE PP~SEHTS, ~hat ~he ClTYOF ROANOKE~ a ~nicipal corporation created and orqanized under ~he laws of ~he ¢o~onwealth of Virginia, for value received, acknowledges Itself indebted and promises to pay to the bearer hereof the principal sum of FIVE THOUSAND DOLLAI~ ($5~000), payable on the day of 19__, with interest at the rate of per centum { %) per annum, payable and semi-annually thereafter on the day Of and the ~ay of of each year upon the surrender of the respective coupons attached hereto as they severally become due. ~oth the principal sum hereof and the interest hereon are payable in lawful money of the United States of America at the principal office o~ or, at the option of the holder of this bond and said coupons, at the principal This bend is one of an issue of bonds of like date, denomina the bonds of the issue of which it is one are issued for the purpose of providing funds to pay the cost of a project consisting of the providing, acquiring, construct ing and equipping of off-street parking facilitles, under and pursuant to, and in full compllanee with, the Constitution and statutes of the Commonwealth of Virginia including Chapter 5 of Title 15.1 of the Code of Virginia 1950, and an ordinance resolution of the Council of the City of Roanoke duly adopted under said Chapter 5 on and , respectively. ~--The Bonds of the issue of bonds of which this bend is on~ maturing on and after shall be subject to redemption at the option of the City of Roanoke prior to their stated maturities on and after Period During Which Redeemed Redemption (both dates inclusive) Price If at any time less than all the bonds of the issue of bonds of which this bond is one of any given maturity are called for redemption, the particular bonds of such maturity to be redeemed shall be selected by iot.~ ~--If this bond is redeemable and shall be called for redemption, notice of the redemption hereof, ~pecifying the designation, date, number and maturity of this bend, the date fixed for its redemption and the redemption price payable upon such redemption, shall be given by publication of such notice once in a daily news- paper printed in the English language and customarily published on each business day and of general circulation in the City of Roanoke, Virginia, and once in at least one daily newspaper or financial publication printed in the English language and customarily published on each businessday in the City of New York, New York, t~e date of publication of such notice in any case ~o he at lesst thirty days prior to the date fixed for redemption. If this bond shall be called for and notice of such redemption duly given as aforesaid~ and if on or before the redemption date the paint of the redemption price shall have been.~ulymade or provided for, then this bond shall become due and payable upon such redemption date and inter,st hereon shall cease f~on and after the date so specified for the rede~ption hereof.~ The full faith and credit of the City of Roanoke is hereby pledged to the payment of the principal of and interest on this bond, and an ad valorem tax shall be levied on all the taxable property of the City of Roanoke sufficient to pay said principal and interest as the same become due and payable. It is hereby certified, recited and declared that the issue of this bond is made in etrlct conformity with the Constitution and statutes of the Commonwealth of virginia, and ordinances and resolutions of the City of Roanoke authorizing the samel and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issue of this bond have existed, happened and been performed in regular and due time, form and manner, as required by law; and this issue of bonds, including all other indebtedness of said City, does not exceed any Constitutional or statutory 1Lmltation of indebtedness. IN TESTIMONY WHEP~0F, the CITY OF ROANOKE has authorized and caused this bond to be signed in itu name by the facsimile signature of its Mayor and a facsimile of the said city's corporate seal to be made to appear hereon· attested by the facsimile signatUre cf its City Clerk, and to be authenticated by the manual signature of the city Treasurer, and the coupons hereto attached to be signed in its name by the facsimile signature of the City Treasurer, and this bond be dated the day of .., 19__. CITY OF ROANOKE Roanoke ATTEST~ City By Seal Mayor City Clerk- City Treasurer (FORM OFCOUPON) Coupon No. $ On the .... ~ay of , 19__, L~nless the bond hereinafter mentioned shall be sub,eot to prior redemption and shall have called for previous redemption and payment of the redemption price duly made and provided for,~ the CITY OF ROANOKE, Virginia, will pay to the bearer at the office of · in , __ or, at the option of the holder, at the principal office of __DOLLARS ($ .), being the interest then due on its General Obligatfo Parking Facility Bond, dated the .__day of 19__, and numbered CITY OF RONAOKE, City Treasurer 4, ~e full faith and credit of the City shall be and ls hereby pledged to the payment of the principal of and interest on the Bonds as the sa~e become due. For the payment of such principal and Interest the City shall have po~er and be obligated to levy ad valorem taxes without limitation as to rate or a~ount on si1 the property subject to taxation by the City. 5. The City hereby covenants with the holders from time to time of the Bonds as hereinafter set forth in this paragraph. No use Of the proceeds of the Bonds shall be made which, if such use had been reasonably expected on the date of Issue of the Bonds~ would have caused the Bonds to be 'arbitrage bonds', within the meaning of Section 103(d) (2) of the U. S. Internal Revenue Code of 1954. The City shall comply with the requirements Of said section of said Internal Revenue Code and the applicable regulations Of the Internal Revenue Service adopted there- under so long as any Bond is outstanding. S. The City Clerk shall and is hereby directed to certify and file a copy of this ordinance with the Circuit Court of the City of Roanoke, Virginia, and publish a notice in The World-News, a newspaper of general circulation in the .City, all in accordance with Section 15.1-199, Code of Virginia, 1950. The form Of the notice to be published shall be substantially as follows: "T'~.GA.L NOTICE 'Notice is given pursuant to Section 15.1 ~ 199 of the Code of Virginia, 1950, that the City of Roanoke, Virginia, on ., 1973, filed with the Circuit Court of the City Of Roanoke, Virginia, a certified copy Of an ordinance adopted by the Council of the City of Roanoke on , 1973, providin for the issuance of General Obligation Parking Facility Bonds Of the City of Roanoke in an aggregate principal amount not to exceed $5,000,000, the proceeds of which will be expended or applied to provide, acquire, construct and equip off-street parking facilities to be owned by the City of Roanoke. CITY OF ROANOKE City Clerk' 7. This ordinance shall take effect from and after ten days from the date of passage. The Ordinance was seconded by Mr. Lisk and adopted by the following ~ote: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ..................................... ?. NAYS: None ......................0. FLOODS-HURRICANES: Council having set a public hearing for 7=30 p.m., Monday, July 30, 1973, on the question of amending the zoning regulations of the City of Roanoke so as fo create a flood plain zoning district within the city; to adopt regulations to afford protection to the £1ood plain district and assist in the minimization of property damage and loss of life caused by the periodic inundation of lands adjacent to water courses in the city, the ~atter was before the bo~y. In this connection, the City Planning Director s~Ltted the following report with reference to the proposed floodplain Ordinance, advising that while the p~oposed re~uletions are not the most stringent, they are a fairly qoo~ compromise between unlimited development and absolute prohibition of development and as such, they accomplish the peZ~Ltting of development in the floodplains while insuring that Potential flocxl damages will at least be ~L[n~zed= "July 26, 1973 The Honorable ~oy L. Webber, Mayor and Members of City Council ~oanoke, Virginia Gentlemen~ with reference to the above cited topic, there are many related aspects which it appears desirable to elaborate on. Basically, h~wever, the question relates to three specific areas= 1. FloOd damage prevention. This has been covered in a report to City Council from the Mayor's Flood Control Committee. 2. Obtaining floo~ insurance coverage for residents. This subject has been covered hy a report from the City Manager's office. 3. Development prohibition which will occur due to the propesed regulations. The third item is the one which has perhaps not been elaborated on to date. Most of the objections to the regula- tions which have occurred to date are due to fear of the unknown. In most instances, once the proposed regulations have been explained the objection has disappeared. What the proposed regulations basically say are that development can occur as it would have prior to the imposition of these regulations if: 1.A building is raised above the flo~ plaln by some means, or 2. A co~nercial Or industrial building is flooa proofed. Elevation of a structure There has been much comment concerning the cost of elevating a structure in order to get it out of the flood plain. This is one optional method of construct[on on land situated in the flood plain for connnercial and industrial structures and a mandatory one for all other uses. Most of the controversy regarding this has centered o~ the economo feasibility of doing this. As a result, the Plannlng Department has done some research on costs ~ud has found the following: 1. Such costs for elevation on structural piers with anchoring will vary depended on depth to bedrock, elevation necessary and bearing loads. On the basis of structures such as com~erclal, re'side~tiai and general warehousing such added costs above normal foundation costs will vary from I to 5 percent. Engineered fillas an alternative mothOd is permitted but introduces a number Of variables which can result in higher costs. Excessive floor bearing structures (such as heavy warehousing) will result in higher costs. 2. It is difficult if not i~oss~ble to obtain financing for construction in the floodplains of the City without raising a structure out cf the floodplain. This has been the case in the Roanoke Industrial Center where all new construction in order to receive financing must he raised above the 100 year flood stage. This has been seen by lending institutions to be necessary for the protection of their investment. In this regard, the proposed floodproofing measures are oriented at insuring a building's safety and minim/ring damage to it as well as preventing its collapse or flotation which could result ~n damage to others. Quite possibly this will prove a. acceptable alternative means of obtaining construction financing. In all cases, at the discretion of the developer, both may be used in combination. For e~-~ple, the builder of a w&rehouse~ay wish to'raise hie structure by fill an elevation of 4.5 feeh only In order to not exceed ~e loading elevat~onoE a ~ck. He ~ could fl~dp~ ~e building for ~y addit~onal height ~hich ~y be necessa~. The Option l~ not el~er/o~ but ~y be a co~lnation 3. Elevation on pie~s has ~ added benefit ~n-~2 ~e area ~nea~ ~e s~ct~e~ be ~ed fo~ pa~k~ng, ~e~eby offsetting, ~f no2 all, at least a ~rt~on oE ~e cos2 ~n~lved In elevatln~ ~e st=uct~e. Fl~dpr~fln~ ~ The~e ~ists a ~conception oE ~hat fl~p~f~ entails as ~y individuals have const~ed it to ~ ~ate~roofing. ~ate~r~f~ is a ~s of fl~pr~finq ~hich en~lls ell~nat- oi El~ding ~hlle ~eta~ln~ ~a bulldtng's ~t~ct~al ~tegrity. Fl~dp~ofing as inco~rated In ~e p~o~sed building c~e ~n~ent is not as severe a trea~t. Basically, as p~sed entails p~otecting ~e building a~ainst excessive 1. ~e design of ~e buildin~s fo~da~ion to protect from collapse or ~v~ent due to ~1~ 2. Protecting mech~ical ~d elect=ica1 syst~ du=inq design against water. The electrical syst~c~ readily be designed to do ~is by placing outlets ~d switches above w~ter heights, ~d d~ing const~c~ion ~ns~ing ~at wi=e conduits are eider forcefitted or sealed at joints. The mech~ical syst~c~ eider be desired to be placed on ~e r~f or be ~cased In a wate~roof area. The e~ectrlcal visions are already in ~e City's Electrical Code and therefore are referenced. 3. V~visions regarding ~rotecting ~e plying e~i~ent ~re a~ready ca~ed for ~n ~e City's P~g C~e ~d ~erefore ~is ~s only referen0ed. These provisions basically relate to backflow valves. The option ~der fl~proof~n~ ~s the o~ers as flo~pr~fing only protects ~e struct~e ~d ~ns~e~ ~at d~bris from it does not result ~n d~ge to o~ers~ There is no redirect ~at water must be ke~t from entering ~e building ~f ~e desired to ~dar~e such a risk. Per.ps ~e ~st s~ficant factors which have been over- looked ~d which really are ~e basic ~ings ~at ~ese regulations are oriented at prev~ting or lessening are: 1. Flo~s can and quite fre~tly do result ~n ve~ great Dersonal tragedies to ~eo~le who eider rent or ~ur~hase ~ apar~k or home in a fl~plaln. 2. Fl~s ~y result in co~ercial or industrial enter- prises having to consider relocating or c~tailing operations after a f~o~ due to d~ges; Read]us~ent costs to ~e b~ess, ~ployees and ~e C~ty when ~is occ~s c~ result ~ ~e ~nitial ~sion having been of ex~ly l~ted benefit~ ~f ~y at a11. ~le ~e pro~sed regulations are not ~e ~st stringent, ~ey are a fairly go~ co. roUse be~e~ ~l~ted deve~o~ent ~d ~solute prohibition of developer. ~ such, ~ey accom- ~lish ~e pe~tt~g of develo~ent ~n ~e floodplains while ~s~ing ~at ~t~tial fl~ d~ges will at least'be Sinc~ly~ S/ ~ar~elstein ~ar Me~elstein Plying Director" The Floodplain C~ttee s~mitted ~e roll.lng re~rt reco~ending ~at ~e pro~sed flo~plain zoning Ordinate ~ ~e pro~s~d flo~proofing remitments be adopte~ by Co~cil ~d tr~tting ~ree reco~endations order to fur~er proceed wi~ ~e total fl~ d~ge prevention 10 'July 30, 1973 Bonorabl~ Rayor and City Council Roanoke,. Virginia This con~lttee vas appointed by City Councll~ on Hay.7, for the purpose-of 'contacting-the other: af£ected, gove~n~g:.~oa_es to get a consensus of ieeling as to measures that may. be taken ~redge existing strea~s, reconsider da~p~oposalsandsuggest other matters as may coordinate relief.in these affected areas.' The com~tttee has since met withNr. Bernard Ingram~ Chief.of ploodplainNanagement Branch~ U. So Army Corps of Engineers, wilmington Dlst~lctt wilmington, North Carolinaw for a discussion of flood control and flood protection measures. The. committee has worked'alongside the Planning Comission and thePlanning D~partment in thedevelopment of a Floodplain Zoning Ordinance. end a Floodproofing Amendment to the Building code. The committee has attended a joint~leeting of the local branches of the American Institute of Architects and the Americen Society of Civil Engineers for discussion with State end Federal officials on the flood Since the City Council'is holding a public hearing this evening concerning the proposed amendment to the Zoning Ordinance which would establish floodplain zoning and is also considering an amendment to the Building Code which would require fioodproof- lng in floodplains~ it is felt that this committee should make daa~age by floo~ing. This can be acco~plished by providing improvements, floodproofing of existing structures, end urban establlshment of ~ne proper zoning ordinances, subdivision ordinances, and building codes. FloO~ insurance programs can also provide an additional type of relief from flood damages. measure such as those listed above will, by itself, eliminate da~mge caused by flooding. In order to properly protect the existing developed properties and in order to allow an orderly development of those properties which are not now developed, it protection. It c~n be stated that, in themajority of cases, the proposed floodplain zoning ordinance and the proposed floodprooflng require- mente will result in somewhat higher costs for the development of property within the floodplain. However, without thesecontrols, new de=elopment within the floodplaln could cause a conslderably higher degree of d~ge to properties now existing than would be anticipatod if new development was contrnlled by these ordinances. Although initial developmant costs might be higher, there would be a significant reduction in losses due to flood damage in the into operation sooner and would not be placed on the verge ba/lkruptcy as were~ny during the past flo~. It should be pointed out that the nhajority of the len~ing i~stit~tlons are now.requ~rlng!. loan financing is requested, have a first floor elevation at flood level. proposed floodprooflng requiromemts would place an undue cost burden on them and then they n~ke the ststement that if they were to suffer damage as severe as they suffered during Hurricane Agnes that they would be wiped out. With ail of the above thoughts and colmnente in mind, it is this commlttee~s recommendation that the propesed floodplain zoning ordi- nance end the proposed floo~proofing requirements be adopted by City Council. In order to proceed.further with the tots1 flood damage prevention I. City Coencil by resolution, urge the other governing bodies within the Roanoke Valley to adopt similar floedplain legislation. 11 2. City Council by resolution request assistance of ou~ Congressmen. for. obtaining funds for co~plahing, the. upper Roanoke. River. Basin atudy~ which, atudyl ~ould L determine the exL~nt to which flood control structures would have to be provided in order to provide additional protection to existing development within the flood- plain and that City Council by resolution request similar action by the other governing bodies within the Roanoke Valley, The program for both emergency and regular flood insurance be completely evaluated and compared with pending flood insurance legislation and that City Council request the Federal Insurance ~i-lstration to enroll t~e City in the flood insurance program fi the City Council is of the opinion that this flood hsurance p~ogram is in the best interest of the citizens and the City. Pollowlng any action by City Council concerning all of the above recommendations, this ccamlttee will meet wir. h representa- tives of the other 9overning bodies in the Roanoke Valley in order to report to them on the status of our flood damage pre- vention program and to urge them to support us in this program. Respectfully sulmitted, S/ Sam H. HcGhee, III, S/ William r.. ltyers Sam H. McGhee, III, Chail~nan William L. Myers S/ James H. Colby S/ George h. Pitzer James M. Colby George L. Pitzer $/ J. T. Hopkins S/ Vincent S. Wheeler J. T. Hopkins Vincent S. Wheeler S/ Lothar Mermelstein Lothar Mermelstein' The City Manager submitted the following report in connection with an evaluation of the National Plood Insurance Program, recommending, based on current legislatlon, that the City of P~anoke apply for both the Emergency and Regular Insurance Programs only after having adopted the Floodplaln and Flood- proofing Ordinances= UJuly 30, 1973 Honorable Mayor and City Council Roanoke, Virginia Gentlemen = City Council, at its meetillg on ~tonday, 3uly 2, 1973, directed that this office evaluate the National Flood Insurance Program and report back to City Council with recormnendatioas concerning the program. The plogram is ad~Ltnistered by the Federal Insurance A~mlnlstra- tion in th6 U. S. Department' Of Housing and Urban Development. In Virginia the program is coordlnanted by the Bureau of Water Control Managament section of the State Water Control Board. National flood insurance policies cover losses, to specified limits, resulting from (1) the overflow of inland Or tidal waters, (2) the unusual and rapid accumulation or runoff of surface waters ' from any source, and (3) mud slides caused by water accumulations on or under the ground. Not covered under National Flood Insurance policies are water or mud slide damage due to reasons other than a flood such as erosion, sewer backups ~ot due to general flooding, or losses from flood or mud slides in progress at the time of an application for coverage. All structures used for residential, business, religious, or agricultural purposes, structures occupied by nonprofit organizations, and structures owned by State or local governments or agencies are eligible for coverage in com- munities which have qualified for the program. Contents of these structures also may be insured to specified limits. ·here axe t~o progra~s.wlthin the. Sational Fl_oo~, Insurance P~ogra~. ~hese axe the; ;~e~enc~ p~ra~' and: ~e ~ereas ~e re~lar p~ogr~ ls.a cont~u~g.p~r~.- O~er basic diffe~ces ~tween'~e ~ p~ are as 1. ~e ~rgen~ p~:~lres ~at basic l~d ~e ~d contel ~as~es be In effect ~d ~at o~e~s pledged and In pr~ess ~d lnact~ prior to ~c~er 21, 2. ~1 lns~ce ~verage IMts ~der'~e ~rgency p~z~ are one-bali oi ~e coveraqe l~ts re~lar No coverage Is avall~le ~der ~e ~=~en~ for ne~ const~ctlon be~ after ~e com~ity ~alifies for ~e ~e=~en~ V=oqr~. This coverage is avail~le ~der ~e re~lar progr~. In order to qualify for Federal EI~ ~ns~ance a comity must apply for el~gib~l~ty for ~e ~t~re area w~n ~ts t~on ~d must s-~t~ toge~er wl~ o~er ~t~, cop~es off ~e land use and control measles which the c~ity has adopte~ ~n Order to reduce or prevent fl~ or mud slide d~ge. The comity must also ~ke certain assur~ces w~ repsect to t~ing such actions as ~y ~ reason~ly necessa~ to car~ out the Objectives of ~e progr~. ~ce a c~[ty ~s accept~ ~der ~e ~gen~ pr~r~ ~e Federal Ins~ce ~nistrator ~s res~ns~ble for ~dentify[ng the s~c[al [1~ or mud slide hazard areas w~in ~e co~lty and/or supplying the c~ty w~ all tec~cal data necessa~ for developing a sold ~ag~nt progr~ for ~ese areas. ~nistrat~on ~d ~e B~eau of Water Con~o~ ~ag~nt~ ~e C~ty has been advised ~at ~ts pro~sed Fl~plaln Ordinance Fl~dpr~f~ng O~[n~ce meet ~e re~r~ts of ~e Regular lnsur~ce Progr~. For ~is reason, ~d since provisions tn ~ergency Progr~ require ~at ~ese ord~n~cas be adopted ~n order to continue ~ns~ance coverage ~d since ~e ~ergen~ p~gr~ ~pires ~ Dec--er 19~3, [t ~s reco~ended, based on ~e curr~t l~islation, ~at ~e City apply for bo~ ~e ~ergen~ ~d Regular lnsur~ce P~gr~ only after having adopted Fl~dpla[n ~d Floodpr~ng Ordin~ces. It should ~ ~nted out ~at the Congress ~s considering ch~ges [n ~e flo~ ~nsur~ce progr~ which ~uld, as currently p~sed, ~ncrease ~e l~ts of [nsur~ce coverage ~d which ~uld also ch~ge ~e provisions for disaster ass~st~ce. The full extent of ch~ges ~n ~e progr~ wtl~ not be kn~ such t~e as legislation [s finally adopted. Respectfully s~tted, S/ Byron E. H~er By~n E. H~er City ~. ~onard G. M~e, Atto~ey, repres~ting ~e Roanoke Industrial Center, appeared before Co,cf1 and ~de reference to ~r~e ~n the pro~sed floodplain O~in~ce which he feels will no~ we~en Ordinance but will help to continue develo~t ~ ~e ~oke Industrial Center ~d called u~n a represen~tive of ~e ~oke lndus~a~ Center to e~la~ ~e ~ee p~sed ch~ges in more de~tl. ~. ~mbert H. ~chardson, ~p~nt ~nager for ~e ~anoke Industrial Center, appeared before Co~cil, [n co~ect~on with ~e roll,lng ~ree ~[nts [n the p~sed flo~pla[n zoning Ord~n~ce which he feels merits reconsidera- tion by Co~c[l= 1. That ~ection which re~ires appear~ce before ~e ~ard Zoning ~als wh~ special exceptions are sought, ~n~ng out ~t ~e Build~g Depar~nt could ~force ~s ordinance ~n ~e s~e ~ner ~ey enforce building pe~ts. 2. That portion of the proposed Ordinance which requires that buildings be cofle~ucted at least two feet above the eleva- tion of the 100 year floodw advising that. because of. the elevation of land in the Roanoke Industrial center it would be l~poseible to qualify in connection with the t~o foot above elevation level and that he ~ould like to see as much £1exlbtlity In the Ordinance as possible. 3. That the wrding in special exceptions 1 and 2 is arbit- tau and allo~s no change in flood level as a result of construction and ii the proposed O~dinance is alloyed to main In that fashion, any person could get a restraining order against construction. Kc. Gordon Willis, President, IOICO Corporation, appeared before Council and reques2ed that Cotmell reconsider the matter in view of federal requlations published on September 10, 1971. In a discuseion, ~r. Henry B. Bolmton, Chairaan, City Planning Conn~issinn, appeared before Council in connection with the three proposed changes requested by Hr. Richardson and advised that if Council feels that the Building Department should handle the special exceptions after public notice and bearings, the City Pl~w. ning Commission would have no objections, that as to the second point raised by Hr, Richardson, the proposed Ordinance does not make it necessary to build at the two foot level, that the developer has a choice between building at the two foot level or floodprooftng bis building and that the two foot question cannot enter into this argument at all. Mr. Steven Hoagye, Development Planner for the State Water Control Board, appeared before Council and urged that Council adopt the proposed Resolution for the emergency insurance program and added that the proposed plain Ordinance is more stringent than federal requirements. After a lengthy discussion of the matter, Hr. Hubard moved that the public hearing be continued %lntil the reg~alar meeting Of Council on Monday~ August 20, 1973, and that the proposed Ordinal~ges be re-referred to the city planning Commission with instructions that the City Planning Comisslon consider the three proposals or amendments offered by}tr. Richardson and Hr. Wi1 is and that the City Attorney be instructed to prepare the appropriate amendments, if any. The motion was seconded by }ir. Trout and tma~imously adopted. TAXICABS: Council having set a public hearing for 7:30 p.m., Monday, July 30, 1973, on the question of the adoption of an Ordinance which would amend and reordatn Section 18, of Chapter 1, Title XIX, of The Code of theCity of Roanoke, 1956, as amended, by increasing taxicab rates to sixty cents for the first one-sixth mile or fraction, ten cents for each addltional one-sixth mile or fraction, and ten cents for each one and one-half minutes of waiting time, the matter was before the body. Mr. Trout~ved that the following Ordinance amending a~d reordalning Section 18 of Chapter 1, Title XIX, of The Code of the City of Roanoke, 1956, as amended, establishing a schedule of rates to be charged and collected for the transportation of passengers within the city by certain public vehicles, be placed upon its first reading: (J21045) AH ORDIHAN~X to a~end and red.lain Section 18 o£' Chapter 1, Title XIX, of the Code of the City of l~oanoke; 1956, as amended, establishing a schedule of rates to be charged and collected for the transportation of passengers within the City by certain public vehicles. ~REAS, taxicab operators of the City of Roanoke regularly furnish to the public, taxicab service at rates and under regulations established by this Council In pttrsu~nce of its xegulato~y ju~lsdiction over public utilities providing transportation by vehicle, as conferred under the provisions of Sec. 2 {2I of the Roanoke Charter, 1952~ and h-~ZREAS, increased rates for taxicab services are necessary and In the interest of the public to provide continuity of adequate t~xlcab service by such operators. BE IT ORDAINED by the Council of the City of Roanoke that Sec. 18. Rates - Schedule, of Chapter 1, Title XlX, o£ the Code of the City o£ Roanoke, 1956, as amended, establishing a schedule of rates to be charged and collected for the transportation of passengers within the City by taxicabs and for-hire auton~bllee, be, and said section is hereby amended and reordalned to read and provide as follows: Sec. 18. Rates - Schedule. The following schedule of rates shall be charged and collected for the transportation of passengers within the city by public vehicles and no different rate shall at any time be charged or collected for such services: (a) Taxicab rates. The rates to be charged and collected for service by taxicabs shall be determined by accurately work- lng taximeters and shall be as follows: ii) Distance rates. FOr the first one-sixth mile or fraction thereof, For each additional one-sixth mile or fraction thereof, ten cents. iii) ~ime ~.te. For each one and one-half ~inutes of waiting time, ten cents. ~hlle n charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. (iii) Extra passen9ers. For each additional passenger, ten cents. Waiting time shall include the time the vehicle is stopped in traffic or at the direction of the passenger or whenever the vehicle slcnes to a speed (seven and one-half miles per hour) at which the charges tmder the foregoing distance rates are less than the charge for the time rate, but shall not include the first three mlnutes of the time of arr£val at the place to which the vehicle has been called, or by reason of a prematuxe response to a call. When calls are made from stand to residence or other place of pick-up, no charge shall be made until the cab arrives at the point of pick-up. (b) For-hire automobile rates. The rates to be charged and collected for for-hire automobile service shall be detez~tned by accurately~orking odometers and shall be as follcr~s: (i) Distance rates. For the first one-sixth mile Or fraction thsreof~ sixty cats. For each additional one-sixth mile or fraction thereof, (il} ~.J. ne rate, For each one and one-half ~tnutes of waiting tl~e, ten cents. ~hlle a charge is made ~or vaitlng t~e~ ~ere shall ~ no charge for ~leage ~der ~e foregoing distanCe Fates. (~l) ~t~a ~assen~er8. For each ad~ltional' passenge~, ten cents. ~ait~n~ t~. si.all ~clude ~e 2~ ~e vehicle Is stop~d In traffic or at ~e direction of ~e ~ssenger or whenever ~e vehicle sl~s to a s~ed (seven ~d one- ~lf ~les ~F ho~) a~ which ~e char~es ~der ~e fore- ~oing dis2~ce rates are less '~ ~e cha~ge for ~e tim rate, bu2 shall no2 include ~e firs2 ~ee ~nutes of ~e t~e oE arrival a2 ~e place to ~hich ~e vehicle has been called, or b~ reason of a pr~2~e res~nse to a call. place of pick-up, no charge shall be ~de ~hil ~e for-hire aut~b~le arrives at ~e ~lnt of pick-up. BE IT FUROR O~A~D ~at ~e provisions o~ ~s or~nance, being berry au~or~zed by the Co~c~l, shall become effective u~n shying of ex~pt~on au~orit~es, ~ ~e s~e be required by law, not~ce o~ which shall be l~ge~ ~e Off~ce of th~ C~ty Clerk. The ~t~on was second~ by ~. Garlan~ ~d adopted by the follow~ng W~ber ..............................7. ZONING: Cocci1 having set a p~l~c hearing for 7=30 p.m., ~n~ay, July 30, 1973, on ~e request of ~. 011ver C. Tho~s that a ~rt~on of ~t B~ock ~, ~p of ~e ~ff ~t~on, Offic~a~ T~ No. 4~40501, ~ocated ~n the 1200 block of 9~ S~eet, S. E., be rezone~ from ~, ~plex Residential D~str~ct, ~n ~s co~ect~on, the C~ty Pl~ng Co~ss~on s~tted ~e foll~- ~ng re~rt rec~ng ~at ~e re.est for rezon~g be den~ed: ~J~e 7, 1973 ~d M~ers o~ C~ty ~oke, V~rgln~a ~. Dechow ap~ar~ before ~e Pl~ing Co~ss~on ~ stated ~at ~e property ~n ~est~on ~s a ~11 ~gular p~ece of He f~er stated ~ht ~s pro~rty is ~ed~ately adjacent to ~erc~al property ~ ~at 9~ S~eat ~s generally of a co~er- c~al nature~ ~erefore, a warehouse, he not~, would be completely adapt~le to ~e ne~g~rh~d. ~s pres~tly a ~arge church wh~ occupies a~st ~ entire ~ot ~ ~at ~t ~s a st~ct~ally sold building, w~ concrete f~oor~ng ~oughout. He f~er note~ ~at so~ congestion would ~t~t~oner ~uld ~e a new opening on to 9~ Street. He note~ ~at 9~ S~eet ~s a v~ heavily ~aveled area already an~ ~at ~s use would not be de~l to ~e area. Much op~sit~on was e~ressed by ~e ne~g~rh~ res~entsts. ~. W~ll~ C. Jonson, 1068 Blan~for~ Avenue, V~nton, V~rg~n~a, ap~earo~ before the Planning:C~!ssi~u 'Md State~ 'that'he OWned p~operty at 913 Penner Avei~un,: S o, lt., and, ho presented, the. Planning _~w~ssion with'g.pet, ttion-conta~ning 64;na~e of persons opposed to this rezoning, ~nd also presented pho .tggraphe:of, the p~operty in question.' 'He further stated that the building is In very bad repair and that the neighbors did not feel. that this building is in any condition'for'any type of business as it Is over 50 years old. He noted that' the building is too close to residential p~operty to store the type of materials being.stored there~ tires and oil. He further noted that this butldln~ has been used illegally to store these items for'over ~wo years, that the back Porch fell 'gEE of the building several months ago and no~ the guttering is falling off and that the petitioner had made no attempt to make any repairs to the property. {irs; Doris HcDaniel~ 909 p~n~r Avenue, So. E., appeared before the Planning Commission[and stated that she lived lmnediately adjacent to the property end that this building was in a very poor condition and that the guttering had fallen off the bulldin9 and struck her kitchen window and that the back porch fell off and fell right onto her property and that the building as such was endangering her property and the lives of anyone walking between her property and this building. She further s~ated ~hat the materials being stored there are highly inflAm~le and that this building and her property and many of the other homes on this street are constructed of weather boarding and would easily catch on fire. She noted that it was almost lm~osslble for people to use Penmar Avenue the way the trucks and cars block it and that she did not feel that the property could be used for anything in its present condition. Mrs. Effie Altlce, 1303 9th Street, S. E., appeared before the Planning Commission and state~ that she is opposed to this property being used now or hereafter as a warehouse and that the property is an eyesore to the neighborhood and that the neighbors were very anxious to sign the petition as they are afraid of a building of this type being in their neighborhood. Mr. Dechow stated that the building was structurally sound and that the petitioner did intend to clean it up and that an entrance could be build as a driveway. The petitioner stated that there was only one time that a large truck had been used for loading or unloading at this property and that was while he was on vacation and all that is presently used are small pick-up ~rucks and automobiles. Mr. Boston stated that this was a small piece of property that will be difficult to use. The petitioner stated that he would use it for something, becasue if the warehouse is not allowed, he would rent it as a duplex. Mr. Boynton stated that he would still have to provide some off-street parking. The Planning Director appeared before the Planning Commission and stated that this property is located on a street that is changing from residential to a co~ercial district. He noted that several factors need to be considered in a resoning of this typo: (1) the quality of what is going to be located there (2) the lot area which should be more tha~ the 3200 square feet, which constitutes this parcel of land and (3) parking at this building (egress and ingress). It was noted that it was physically impossible to provide the necessary parking since the lot was only 3200 square feet. The Plannlng Director stated that some consid- eration should, perhaps, be given to some zoning text amendment providing for a minimum square footage for a commercial lot. After discussion by the Plaruling Cc~mn~sslon me~bers, it was agreed that this specific petition was not in keeping with the best interest of the neighborhood and that it constituted a deleterious use. It was also generally noted that if the petitioner could acquire some additional property adjacent to this lot so as to constitute a parcel of adequate size and also petition for an Office and Instltutional Use (C-1}, the C~slon m~ght view this petition im a more favorable light. Accordingly, motion was made, duly seconded and approved unanimously reco~mending to City Council that this reguest be denied. Sincerely, S/ H. B. Boynton by LM H. B. Boynton Chairman' Mr. William C. Johnson, ~wner o£ property at 913 Penmar Avenue, S. E., appeared before ~ouncl! in opposition to the rezoning, advising that his main objection is to the appearance of the property in question and that there wi1! not be enough parking area. ApproxLmately fifteen citizens appeared before Councl! in oppositto~ to the rec~Aest for rezoning. Mr. Gerald A. Dechow, Attorney~ representing the petitioner appeared before Council /n support of the request of his client. After a discussion Of the matter, Mr. Trout moved that Council concur in the reco~uendation of the City Planning Co~ssion that the request for rezoning be denied. The motion was seconded by Mr. Lisk and Unanimously adopted. SCHOOLS~ Mr. Samuel P. McNeil, Chairman, Roanoke City School Board, appeared before the body and requested the support Of Council in the joint discussions by the Roanoke City School Board with the Roanoke County School Board toward the establishment Of a regional vocational education center. Mr. Trout ~oved that Council give its suppert to the Roanoke City School Board in reference to the joint discussions with the Roanoke County School Board regarding the regional vocational education center. The motion was seconded by Mr. Lisk and unanimously adopted. PETITIONS AND CO~MUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that $581,527.63 be appropriated to cover eleven federal programs for the purpose of transferring funds from fiscal year 1972-73 and to cover new expenditures and encumberances unti! these progr~ are renewed or completely terminated and trans~[tting a list of programs and specific requests, was before Council. Mr. Thomas moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance: (S21046} AN ORDIN~CE to amend and reordain certain sections of the 1973-74 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book %38, Page Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor ~e_bber ................................. ?. NAYS: None ..................0. JUVENILE DETENTION HOME: A cozv~unication from Mr. John J. Baal1, Jr., tendering his resignation as a ~.mber of the Juvenile Detention Facilities Study Com~ttee, was ~fore ~uncil. Mr. Tho~s moved that the resignation be accepted with regret. The ~otion was se¢onde~ by Dr. Taylor and unanimounly adopted. REPORTS OF OFFICEI~ EUDaET-GRAHTSz The City Hanager sub~Ltted a vritten report rec~ud- ing ~at $7,852.00 ~ app~p~lat~ to Oi~ender ~d ~d ~storation ~der Section ~91~ 'Non-~par~tal,' of ~e 1973-74 budget, advising ~at on April 9, 1973, Co~cil appropriated $15,V04.00 to p~v~de f~ds for ~e 0~rat~ons'oE O. A. ~der~w ~forc~ent Gr~t No. T1-All00~ ~at pnly one-half of~ese f~ds had ~en ex~nded by J~e 30, 19~3, when ~e 19Vt-V3 f~scal year Budget to.hated ~d that ~e r~ining ~t of $7,852.00 d~d not aut~tically car~ over ~nto ~e 19~3-74 f~scal year budget. ~. Th~s ~ved ~at Co~cil concur In ~e reco~endation of ~e C~ty ~ager and offered ~e foll~ng ~ergen~ (~2104~) ~ O~ to ~d ~d reordain Section %91, 'Non-~part- ~ntal,' of the 19~3-~4 A~propr~at~on O~in~ce, ~d provid~ng for ~ ~ergen~. (For full text of O~n~ce, see Ordin~ce ~k No. 38, Page ~. Th~s ~ved ~e adoption of the Ord[n~ce. The ~t[on was second- ed bye. Trout ~d adopted by ~e foll~ng vote= AYES= Messrs. Garl~d, H~ard, L~sk, Taylor~ Th~s, Trout and ~yor Webber ............................... ~YS= None ......................0. B~ET-DEP~ OF PUBLIC ~= The City ~ager s~tted a ~tten report ~ co. oct[on w[~ ~e ~ual budget app~ved by ~e State ~par~ent of Welfare ~d Institutions for ~e f~scal year beg[~g July ~9~3, advising ~at A~d to ~e Blind was reduced from $20,2~3.00 to $19,685.005 ~at Foster ~re was appropriated at $603,~82.00 ~d ~t ~s felt ~at ~e appropriation should be increased by $12,590.00 accordingly~ ~at C~ Refugee written out of ~e State budget and ~e $2~500.00 should be w~thdra~ fr~ ~e city budget~ ~d ~at ~e State has reduced ~e ~eral Relief accost from $483,632.00 to $195,313.00 [n state ~tch~g f~ds ~d reco~end[ng ~at be referred to ~e City Auditor for preparation of ~e necessa~ budget ~. List ~ved ~at Co.cf1 conc~ ~ ~e re~rt of ~e c~ty and offered ~e roll.lng ~ergen~ Ordinate: (%21048) ~ O~[~ to ~end ~d reorda[n Section %37, of ~e 1973-~4 App~pr[ation Ordin~ce, ~d providing for ~ (For full text of Ordinance, see Ordinance Book No. 38, Page 306.) Mr. Lisk moved the adoption Of the Ordinance. The n~tion was seconded Mr. Garland and adopte~ by the follow£ng vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor NAYS= None ............... O. Sh'W~E~ A~D S~01~f DRAINS~ The C~ty ~n~ger s"~tteda ~ltten re~r2 plus for ~e S~aqe TremOnt Pl~t, rec~nd~ug-~a~Co~c~l d~rech ~e C~ty ~tto~e~ to prepare a ~solut~on tr~s~ttl~9 said re~r~ to ~e ~nt~l ~ard for review by its staff; advisin9 ~at said ~solution should con- ~ln ass~ces of ~e continued c~ration of ~e City of ~okt tn ~is ~tter ~d express ~e wlllin~ess of ~e city to ~et vl~ ~e staff ~e Sta~e ~ater Control ~ard to revlee ~e [tndtngs ~d ~ttclpated action. ~. ~o~ ~ved ~at Co~cil conc~ In ~e rec~endati~n of the City ~nager and offered ~e follo~ln~ Resolution: (~21049} A ~O~ION dl~ectin9 ~e trms~ttal to ~e State ~ater ~nt~l ~ard o[ a re~t o[ ~ lnde~ndent design ~tud~ ~d assessment ~de certain sewage t~ea~ent pl~t ~9rov~ts. (For full text o[ Resolution, see Resolution B~k ~o. 3~, ~. Tho~ ~ved ~e adoption o[ ~e ~esolution. The ~tion seconded by ~. H~ard ~d adopted by ~e roll,in9 vote: AYES: Messrs. Garl~d, H~afd, Lisk, Taylor, Tho~s, Trout ~d ~yor Webber ................................ ~YS: None ................. 0. DEP~ OF PUBLIC ~-~TH DEP~= ~ C~ty ~nager s~tted a written re~rt reco~en~n~ ~at he be authorized to enter ~nto ~e p~se~ State an~ ~cal Hospitalization Plan Agre~ents which provide hospi~l~zat~on ~d out-~at~ent trea~ent for ~nd~gent person~ for the per~od of July 1, ~973, to J~e 30, 1974. ~. ~ho~s ~v~d ~at co~c~l conc~ ~n ~ re~rt of ~e C~ty ~nager ~ offere~ ~ fo11~ing ~ergency Or~n~ce= (%2~050} ~ 0~ au~or~z~ng certain contract~ to be entered ~nto w~ certain hospitals to provide hospitalization ~d trea~ent of ~nd~gent or medically ~n~g~t patlents~ f~x~ng ~e rate~ to be pa~d each such hospital for such seduces during F~scal Year 1973-1974~ ~ providing for ~ ~ergency. {For full t~t of Ordinance, see Ord~n~ce ~ok No. 38, Page 307.) ~. Tho~s ~ved ~e adoption of ~e Ord~n~ce. The ~t~on was seconde~ by ~. Trout ~d a~opte~ by ~e following vote= AYES= Messrs. Garland, H~ard, L~sk~ Taylor, Tho~s~ Trout ~d ~yor Webber .................................... 7. NAYS = None ..................... 0. B~S= The City ~ager s~tte~ a writt~ re~rt rec~ending ~at ~e Sou~ Jefferson S~eet' Bridge p~ject be exten~e~ to include ~e nor~west co,er of Rese~e Av~ue ~ Jefferson S~eet which w~11 prov~d~ for a r~ght t~ l~e for Sou~-~ traffic on Jefferson S~eet enter~n~ ~se~e Avenue ~ will also ~prove ~e s~te d~st~ce at ~s intersection. ~. L~sk moved ~at Co~c~ conc~ ~n ~e re~rt of ~e C~ty ~nager ~d ~at sa~ re~rt be referre~ to ~ City Atto~ey for preparation ~ro~r meas~e. The ~t~on was seconde~ by ~. Trout and ~an~usly adopte~. TI~PIC~ The City Hanager'eu~mttted-a ~ritten-reP°rt in-connection with a request of zesid~ts o~ ~e 4~00 ~d~ ~00 blocks o~ ~en Drive, ~. for ~e installation of sto~ Sl~s on ~o~ell D~lve, ~. W. ~ ~here it czosses ~en D~ive, ~. ~. advisl~ ~at ~e ~a[[lc ~lneerin~ ~d C~lcations ~a~nt has fo~d ~e ~uest to be valid ~d ~o stop si~s ~lll be installed ~e next ~izt~ ~s. Dr. Taylo~ ~v~ ~at ~e ~e~t be ~ece~ved ~d Eiled. ~e ~tion ~as seconded by ~. T~uh ~d ~usly adopted. POLICE DEP~= The City Atto~ey s~tted a written re~rt advising of c~vll action pending ~n the Un,ted States Distr~ct Cou=t against ~ol~ce Officers ~. J. Heath ~d Jo~ S. ~arre22, sa~d actions to bare gro~ out of ~e se~z~e ~d ~ent of and s~se~t d~ge of an aut~b~le ~ed hy one Charles B. Warren while ~n ~e Cust~y of ~e c~ty after sa~d seiz~e and ~ent by ~ose ~l[ce officers [n ~e regular ~rfo~nce of dutles. ~. Lish offered the roll,lng Resolution au~orizing ~e City Atto~ey to represent certain m~ers of ~e Police ~par~nt in certain civil p~ceedings brought against said ~tce officers, u~n said ~lice officers~ r~uest for such representation: /~2~051) A ~SO~TION authorizing ~e City Atto~ey to represent certain m~ers of ~e City's Police ~par~t in certain civil proceedings brought against said ~lice officers, u~n ~e said police officers* re~est for such representation. (For full text of Resolution, see tesolutfon Mk No. ]8~ Page 308.} ~. Lisk moved the adogtion of ~e Resolution. The mt/on was seconded by ~. Th~ ~d adopt~ by ~e foll~ing vote~ AYES: Messrs. Garl~d, H~ard, Lisk, Taylor, Tho~s, Trout ~d ~yor Webber ................................. ~. NAYS: None ..................0. A~ITS= The Assistut City Auditor s~kted a financial re~rt ~e City of ~oke for ~e ~n~ of J~e, 1973. ~. Trout moved ~at ~e re~t be received ~d filed. The m~ion seconded by Dr. Taylor ~d ~usly adopted. ~PORTS OF CIR~IT COURT.- The 3udicial Salarles C~ttee s~tted a written re~rt advts~g of ch~ges which must be ~de tn ~e City Code as It pertains ~o ~ Cir~it Co,ts ud District Co~s ud ~at it is ~e opinion of ~e Com- ~t~ee ~at ~t should offlcially re/er ~e mtter ~o ~e ~ttention of ~e City Atto~ey for his ~ediate action. ~. Tho~s ~ved ~at ~e re~rt ~ referred to ~e City Attorney for ~ediate action. The ~tion was seconded by ~. Trout and ~ani~usly adopted. CIR~IT C~RT-PAY V~= The Judicial Salaries Co~ittee s~tted a ~itten re~t in connection with ~e ~tter of sala~ supplants for ~e District ~t Judges of ~e 23rd 3udlctal District rec~endlng~ (1) that the state salaries of the District Cotl~t Jtldges be supplicated to the extent~of 40% of those suppl~entn p~vided for 3udges'~of the circuit Cou~t,¥1thin the 23zd Judicial DistriCt, being $25,650°00 state salary plus $4,067.20 local~supplement £or-a total annual salary of $29w717.20~ and (2) that the Chief Judges of said District Cou~te be supple- mented an additional $$00.00 per year in addition to ~e ~ve suppl~ntz ~d (3) ~t ~e said suppl~ ~t of ~e 23rd ~udicial Dls~c~' be approved by ~e City of ~oke s~Ject to ~ty of ~oke ~d ~e City o~ Sal~ ~at ~ey. shace ~ ~e paint of said suppl~ts as ~ey pres~tly share ~ ~e paint o~ ~a supplants for ~e Circuit Co~t Judges of ~e 23rd Judicial Dlst~ct~ (4) ~t said supplants, l~ approved a~ve stated~ be effective as o~ July 1, 1973. ~. Th~s ~ved ~at ~e re~rt be received ~d filed. The ~tion was seconded by ~. H~rd. l~ a discussion of ~e re~rt, ~yor W~ber expressed Opinion ~at he Is not l~ accord wi~ ~e reco~endations of ~e co~ttee~ ~at he c~ see no reason why Cocci1 should take one particular group of ~loyees ~d give ~ a suppl~ent ~d that he questions whe~er ~e total ~t of raises complies wi~ federal re~lations. ~. Garl~d offered a s~stitute ~tion ~at the ~tter be referred ~ck to the 3udiuial Salaries C~ttee w~ ~nst~ctions ~at said Co~ittee meet wi~ representatives of ~ o~er localities involved to dete~ine a suppl~ent ~s to be pa~d to ~e Distr~ct Co~t Judges of ~e 23rd Jud~clal Circuit ~d ~f so, h~ much. The motion failed for lack of a second. The original ~t~on ~de by ~. Tho~s, seconded by ~e re~rt be received ~d f~led was ~ adopted by ~e foll~ing vote= A~= Messrs. Garl~d, H~ard, Lisk~ Taylor, Th~s, Trout and ~yor Webber ................................... 7. ~YS: None .................... 0 ~. Th~s f~er ~ved ~at ~e re~rt be referred to ~e City Atto~ey for preparation of the proper meas~e. The motion was seconde~ by H~ard ~d adopted by ~e following A~S= Messrs. ~l~d, H~ard, Ltsk, TaYlor, Tho~a and Trout---6. NAYS = ~yor W~ber .............................................. 1 ~INIS~D BUS~S = NO~. ~NSIDE~TION OF C~ = NO~. I~ODU~ON ~D CONS~DE~T~ON O~ O~I~CES ~D ~SOL~ONs= A~I~UH-~LXSE~= O~in~ce NO. 21043 accepting ~e pro.sa1 o~ ~eric~ Motor X~s, Inco~rated, for ~e operation of catering ~d concession seduces at ~e ~o~oke Civic Center, upon certain te~ ~d conditions, having previously been before Cocci1 ~or its first reading, rea~ and 'la~d over, was again before the ~dy, ~. Trout offering ~e foll~ng for its second reading ~d final adoption: (~21043) ~ O~I~ accepting a ceftin pro.sa1 for ~e operation of catering ~d concession se~lces of ~e ~oke Civic Center, upo~ certain te~ms and conditiona~ authoriz~g the proper city officials to execute the requisite agree~nt therefor~ reJecttn~ certain-othe~.proposals~ and providing for the effective date of ~hia ordinance. (For full text of Ordinance, see Ordinance Book No. 38, Page 302°) Kr° Trout moved the adoption of the Ordinance. The motion was seconded by N~. Llsk and adopted by ~he following vote: AYES: Hessrs. Garlands-Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... ?. NAYS: None ................ P$~KS AND PLAYGROUNDS: Council having directed the City Attorney to prepare the proper measure rejecting all bids received for remodeling of the Norwlck Park Recreation Center, he presented same~ whereupen, Mr. Lisk offered the following Resolution: (%21052} A P~SOLUTION rejecting all bids receive~ for remodeling of the Norwich Park Recreation Center. {For full text of Resolution~ see Resolution Book No. 38, Page ]09.) Hr. Lisk moved the adoption of the Resolution. The motion was seconded by Hr. Trout and adopted by the following vote= AYES: Hessrs. Garland, Hu~ard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. ?. NAYS: None .................. SMOKE: Council having directed the City Attorney to prepare the proper measure amending and reordaining Chapter 5.1, Air Pollution Control, Title XV, of The Code of the City of Roanoke, 1956, as ~ended, being Ordinance No. 18976, adopted Dece~er 15, 1969, by enactment of a new Ordinance to he k~ow~ and cited as the City of Roanoke Air Pollution Control Ordinance, 1973, regulating or prohibiting the emission of certa~ air pollutants in the city and certain products of combustlon~ regulating the construction, installation, alteration, reconstruction or repair of certain fuel-burning or combustion equipment~ providing for an Air. Pollution Control Advisory ~oard and for an Air Pollutlon Control Appeal Board~ providing penalties for the violation'of the provisions of this Ordinance~ an~ providing for the codification of this Ordinance into Th~ Cede of the City of Roanoke, 1956, as anended, a~ Chapter 5.1.1, Air Pollution Control, Title X~, of said Code, he presented s~me~ whereupon, Mr. Lick offered the following emergency Ordinance: (%21053) AN ORDINANCE emending and reordaining Chapter 5.! Air Pollutlon Control, o~ Title XV, Of The code of the City of Roanoke, 1956, as amended, being Ordinance No. 18976~ adopted Dece~er15, 1969, byenac~unent of a new Ordinance to be known and cited as the City;of Roanoke AirPollutlon Control ordinance, 1973, regulating orprohibiting the em/ssionof certain air pollutants ~n the city and certain products of combusion~ regulating the construction, installation, alteration, reconstruction or repair of certain fuel-burning or combustion equil~nent~ providing fo= the approval and issuance of applications for certain permlts~ providing for an Air Pollution Control Advisory Board and for an Air Pollution Control Appeal Board! providing penalties for the violation o£ the provisions of this Ordinance~ providing for the codification of this ordinance into the Code of the City o£ Roanoke, 1956, as amended, as Chapter 5.1.1. Air Pollution Control, of Title ]iV of said Codel and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 309.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote= AYESI Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ................................ NAYS= None .................0. SALE OF PROPERTY~ Council having directed the City Attorney to prepare proper measure authorizing and approving the donation by conveyance to Roanoke Hospital Association of a certain parcel of land containing approximately 1.35 acres, lying to the west of and adjacent to Helleview Avenue, S.E., and east of Hamilton Terrace, for the construction thereon of a parking fecility, upon certain express terms, provisions and covenants, he presented same~ whereupon, Mr. Trout moved that the following Ordinance be placed upon its first readlng~ (i21054) AN OtlDINANCE authorizing and approving the donation by convey-. anco to Roanoke Hospital Association of a certain parcel of land containing approxi- mately 1.35 acres, lying to the west of and adjacent to Helleview Avenue, S. E., and east of Hamilton Terrace, for the construction thereon of a parking facility. upon certain express terms, previsions and covenants. WHEREAS, by letter dated May 15, 1973, addressed to the City Manager, Roanoke Hospital Association requested the donation by the City of a certain parcel of land lying to the west of and adjacent to Helleview Avenue, S. E., and east of Ramilton Terrace, for the purpose of conetruction thereon of an off-street parking facility, following which the Council's Real Estate Committee reccannended that said land be offered for sale to said Association at its fair market value~ and WHEREAS, the Council, considering past cooperation between said Association and the City, and the general heneflts to the citizens of the Roanoke Valley, indicated Its desire to concur in the request of said Association and to authorize the donation of said lands without moro than nominal consideration. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: That the Mayor and the City Clerk be and they are hereby authorized and directed to execute, seal and acknowledge, respectively, on behalf of the City of Roanoke, an appropriate deed, approved as to form by the city Attorney, conveying, for the nominal consideration of one dollar, to Roanoke Hospital Asso- iciatton that certain parcel of land containing approximately 1.35 acres, lying to the west of and adjacent to Eelleview Avenue, S. E.; and east of.Hamilton Terrace, in the City of Roanoke, hearing Official Nos. 4060201, 4040831 and 4040833, and described as follows, to-wlt~ e~F.~L~m~.G 'at~ ~e ext. rena ve.terl~' 'cor~er' o~' of ~oke Hosp~l~ ~s~o~on~e sou~t~ly~'s~de~ not.easterlY f~ ~e.~st~lyL~er o~.!440~of...~e:.~ · ~l~n Te~ace ~p;'~ence~ l~aving H~l~n Te~ace ~d ~e sou~weaterl~ol~ne of ~e pro~Ety OE ~oke ~S°c~gt~on S, 52 0It'20" E. 70.62 fee2 ~ ~e eou~e~ly co.er o~ 8a~d ~ 1440~..~ce~. along ~e-rear'l~es:o[.~ts 1440 2o 1420~ ~nclusive ~n-a nor~ea~terl~ d~ect~on 64S ~eet ~re or les8 ~ ~e original not,westerly, l~ne o~ Bellevie~ Av~ue, S. B.j ~ence, wL~ ~e s~ ~ a sou~veste~ly d~rec- t~on 810 feet ~re or.lees. ~.a ~t; ~ence~'wl~ ~e: new no~vesterly l~e of Bellevie~ Av~ue~ ~ncreasing ~n ~d~ fr 50 feet to 60 feet, ~n a sou~esterlydi~ec~on 210 or less to a ~nt'at the lnter$ecti~ of H~lton Ter~ace~ ~ence, vl~ ~e new sou~eas~rlyllne of. H~l~nTe~ace ~n a northeasterly direction 199 fee2 ~re or less to a ~n2 on ~e original sou~easterly line of H~lton Terrace~ ~ence, with ~e original sou~easterly line oE H~lton Terrace in a northeasterly direction 100 fee~ ~re or less to ~e ~lnt of Begi~lng~ such deed to contain the City's S~cial Warranty of title, ~d to be s~ject to ~y a~d all eas~ents~ conditions, restrictions ~d existing utilities~ such conveyance~ f~er, to be ~de u~n the e~ress condition ~at ~e grantee~ its successors, assi~s, agents~ or contractors shall, ~roughout the course of any const~ction to be engaged in u~n said pro~rty, ~ni~ze blasting and dyn~iting activities ~d, should such activities beene necessa~, ~rfom ~e s~e only u~n ~e express ~itten pe~t of the City ~ager~ ~d shall t~e reasonable precautions as to provide ad~uate ~d sufficient protectio~ to ~dergro~d watercourses well as ad, scent st~ctures. BE IT F~R O~AI~D ~at u~n ~e execution ~d acknowledgment of ~e aforesaid deed on behalf of ~e City of ~oke, ~e s~ shall b~ delivered to ~oke Hospital ~sociation, or its.attorney. The ~tion was seconded by ~. Lisk ~d adopted by the foll~ing AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor 6. NAyS = ~r. Hubard ................. 1. Mr. Hubard expressed the opinion that when the city donates land for purposes, it makes a bad precedent and that he feels the City of is in error to donate said land to the Roanoke Hospital Association than selllng the land to them. J~WENILE DETENTION HOME: Dr. Taylor presented the following report the Juvenile Detention Com~ttee advising that it has been t~aani~ously by the Conml~ttee that the city of Roanoke Juvenile Detention Home be increased to a total 36 beds and recom~ending that the City of Roanoke for LEAA funds for engineering and architectural studies and drawings UpOn receipt by the city of approval from the State Department of and InStitutions for the enlargement program: "July 27, 1973 The Honorable Mayor Roy L. Webber end Members of Roanoke City Council MuniCipal Building 215 Church Avenue, S. W., ~3anoke, Virginia Gentlemen: As a result of the regular meeting of the Juvenile Getention Co--tree on July 18 at l=00 P.M. at the Fincastle Presbyterian ChuFch, It VaS unanLmonaly agreed ~.~et t~e ~o~al ca~el~y of ~e ~oke cL~y Juv~Lle ~en~Lon H~ 8ho~d ~ ~cEeased ~o ~1 o~ 36 ~ds--24 fo~ ~ys-~d 12 ~o~ gi~18. Five of ~e total n~er of ~ds ~uld be got ~e 6 J~lsdictlons ~ ~e_~o~e~ re~ested ~at 5 ~ds ~ allotted.fo~ ~lr.~e, Sal~ ~uld r~e 3 ~ds ~d ~e C~t~of ~oke 20.: I~ ~s ~l~ev~ ~e S~te~s use of ~e H~ ~dJr~i~e This ~s ~a2 ~ al~ead~ have ~e~ests fo~e use of 34 Ne realize ~at ~e S~te ~a suggest~ ad~ln~ 10 ~e presen~ facility ~ng a:~l ~f 31, H~ever, ~e~do.not feel ~ah ~e City of ~oke c~ offe~*~e seduces d~ed ~e con~actinq ~lsdicklons ~less ~e have a to~l of 36.beds. ~ls need Is s~st~tiated by ~e enclosed re~h ~d facts ~nta~ned ~e~a~n ~hich ~as s~tted by ~e S~ttee to ~uvenile ~ten~on Facilities Study We ~lieve ~at it Is i~era~lve ~at ~e city of ~oke advise ~e S~te ~par~nt-oi W~l[are ~d Institutions of its intent to ~large ~e H~ ~d r~est S~te approval ~d, ~rti- cipation at its next reeler meeting. Representatives ~t~tion C~ttee are willing to meet wl~ ~e State ~par~ent of Welfare ~d Institutions, If it is de~ed necessa~. Ne rec~- ~nd ~at ~oke City apply for ~ f~ds for engineering, archi- tect~al studies ~d drawings i~ediately u~n o~ receipt apparel for ~e enlar~ent progr~. It is our belief ~at ~e Fif~ Plying District ~ve~ents are ~an~us in ~eir sup~rt of ~e e~sion progr~. Resolu- tions have been received from ~e various j~isdictions stating ~eir intention of using ~e e~ded facility. Respectfully S/ Noel C. Taylor Noel C. Taylor, Chai~ Juvenile Det~tion Co. tree' ~. Robert F. Hyatt, Su~rintend~t of ~tention, Juvenile ~tention Ho~, ap~ared before Co~cil in sup~rt of ~e reco~endatlon of ~e J~venile ~tention Co--tree. Dr. Taylor ~ved ~at ~e re~rt be received and filed. The ~tion was seconded by ~. Trout ~d ~ously adopted. Dr. Taylor fur~er ~ved ~at ~e City of Roanoke advise ~e State ~par~t of Welfare ~d Institutions of ~e intent of ~e city to enlarge ~e Ro~oke City Juvenile Detention H~e to a total of 36 beds and to request approval by ~e State Depar~ent o[ Welfare ~d Inatitutions at its next regular meeting ~d ~at ~e ~tter be referred to ~e City Atto~ey for preparation of ~e proper meas~e accordingly. The ~tion was seconded by Trout and ~an~ously adopted. Dr. Taylor fur~er ~ved ~at ~e City of ~oke apply for ~ f~ds for engineer~9 ~d ~chltect~al studies ~nd drawings upon approval of ~e enlarg~t p~gr~ by ~e S~te Depar~t off Welfare ~d Institutions. The ~tion was seconded by ~. Thews ~d ~usly adopted. There being no f~ther business, ~yor W~ber declared ~e meeting adjo~ed. APPROVED A~EST: Deputy City Clerk ~yor COUNCXLw REGULAR REETXNG, Hon~ay, Aggust 6, 1973. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Honday, AugUst $, 1973, at 2 p.m., the regular meeting hourw with Mayor ~oy L. Webber presiding. pItESENT: Councilmen l~bert A. Garland~ William S. Hubard, DaVid K. Llsk, Noel C. Taylor, Bare, ton W. Thomas, James O. Trout and Mayor R~y L. Webber ....................................... 7 · ABSENT: None ........................0 · OFFICERS pRESENT: Mr. Byron E. Haner, City Manager; Mr. James N. Kincanon, City Attorney; Mr. H. Ben Jones, Jr.w Assistant City Attorney; and Mr. A. N. Gibson, City Auditor. iNVOCATION: The meeting was opened with a prayer by the Reverend A. Wade Coffey, Pastor, Trinity Lutheran church. MINUTES: Copy of the minutes of the regular meeting held on ~onday, July 30, 1973, having been furnished each me_~ber Of Co~cil, on metion of Mr. Lisk, seconded by Dr. Taylor and unanlmously adopted, the reading thereof was dispensed with and the m~nutes approved as recorded. H~RING OF CITIZENS UPON PUBLIC MATTERS: NONE. pETITIONS AND CO~UNICATIONS: HOUSING-SLUM CLEA/~A~CE: A communication from Mr. Russell R. Henley~ F. xecutive Director, City Of Roanoke Redevelopment and Housing Authority, advising that due to increased costs and proposed changes to the Redevelopment Plan of the Dove, town East Redevelopment Project, the City of Roanoke l%edevelopment and Housing Authority respectfully requests Councll to approve a Revised plan, that this plan was adopted by the Com~ssioners at their meeting on July 25, 1973, transmitting for the review of Council a Redevelopment Plan, Downtown East Redevelopment Project, Project VA. E-42, Revised February 12, 1973, further that in order to carry the Project forward, an increase in city cost will be and will require a Revised Cooperation Agreement and that the estimated costs are follows: city cash share of project cost $ 303,518.00 inellgible project improvements 181,588.00 o£f-site tm~rov~u~n ts 100,127.00 land conveyance 40,4??.00. In this connection, a further con~unicatlon from Mr. Henley with regard to the Do~ntow~ East Redevelopment Project, advising of e revised Cooperation Agreement and a proposed Ordinance authorizing the execution of said agreement and respectfully requesting that Council authorize the execution of the revised Cooperation ~reement for the Downtow~ East Redevelopment Project, Project No. VA. R-42. ~e City Planning Commission sub~tted the following report u~animously transm/tting a Resolution stating that the amended Downtown East Redevelopment Plan is in conformity with the City's Master Plan or General Plan: The Honorable ~:~2' ~. ~ebber, Payor ~oke ~ Virginia ~e ~ve cited c~lcation was considered by ~e Clt~ Pi~lng ~ssion at its ~e~la~ ~eting of ~uly 18, 1973. ~. ~y B~ley, Dlzector, ~oke ~develo~nt ~d Housin~ ~u~o~lt~, ap~azed Be~o~e ~e PI~q ~ssion ~d stated ~at ~e Hous~q ~u~o~lt~ needed approval of ~e ~n~nts to ~e ~ ~st R~evelo~n2 PI~ ~at ~as a~prov~ several ~ears ago. He ~u~er stated p~cess o[ havinq a pl~l~9 ~d ~zke~llit~ st~d~ done ~is pgojech ~d ~at ~e develo~g of ~e ~rket~ilit~ stud~ had ~de s~ suG~estions for ~vi~q ~ls Pgoject. He no~ed ~at lncreasln~ ~e area to include t~ additional propert[es~ H~nd Printing C~y, 504 Jefferson Street ~d ~e diner located adjacent to the ~t~er ~tel. 612 Jefferson S~eet. was h~ghly reco~ended. He f~er noted ~at ~ere was a pro~sed ~destrl~ ~11 at First Street to ~ used as a p~lic ~destrl~ way in ~e old plan ~d ~ey ~uld like ~s ~ent to require ~e develo~r of the l~d to give access from Church Av~e to Tazewell Avenue~ ~ereby, giving ~e develo~r s~e flexib~l~ty as to ~e exact location. ~. Henley stated ~at originally. ~ alley was left o~n f~m Luck Avenue to Tazewell Avenue and ~at n~ ~is alley will ~ ~le to be closed. He noted ~at ~e use of one large se~ent of l~d had bee~ changed f~m a ~tor hotel ~d parking garage to ~e use of tr~sit acco~dat~ons ~d co~erc~al uses~ or office buildings. He stated ~at orlglnally ~ere had been pl~s for a five-sto~, multi- level strucb~e to be bu~It on ~s pro~rty for parking but ~e plus had been changed ~k~ng it ~ndato~ ~at 200 park- ~g s~ces betwe~ ~urch Avenue and Tazewell Avenue be provided ~d r~uiring ~e develo~r to provide for parking on ~e s~te for use of ~e[r development. ~. Parrott asked if ~e City Plying Co. ss[on ~d C~ty Co~c[l approved ~e ~n~ents~ would ~. U~nd~s property ~ t~en ~edlately and to~ d~ or could it be held ~til such t~e as a buyer 1s fo~d for ~ls property. ~. Henley stated ~at he had met wi~ ~. ~nd d~ner ~d had d~scussed wi~ ~ relocatlon ~d had ass~ed ~ ~at all ~enses of relocation ~uld be pald for and ~at ~. H~ond could r~in ~ere ~t~l such t~e as a buyer could be After discuss~on by ~e Pl~ing Co~ss~on m~ers, [t was g~erally agreed ~at ~e ~ended ~t~ East Redevelop- m~t PI~ was in confo~ty with the City's ~ster Ac~rd~ngly, ~tion was ~de, duly seconded ~d approved ~usly ~at ~e City Planning Co. ss[on adopt such . nec~ssa~ resolutlon~ s~at~ng ~aC ~e East Redevelo~ent PI~ is [n confo~ty w[~ ~e City's ~ster PI~ or General PI~. S~cerely. S/ H~ B. Boynton by ~ He~ B. Boynton ~. ~chard F. Pence, Attorney~ repres~t[ng E~od Diner property, appeared before Co~cil ~d advised ~at ~e pro~sa[ wil: be to add to ~e ~t~ East Project ~e ~ond Building Luck Avenue ~d Jefferson S~eet ~d ~e E~d Diner property on Jefferson Street, ~at ~e ~ers of ~e E~d Diner pro~rty object to ~e pro. sa1 and ~s~tt[ng ~e fo11~ing l~st of objections: I. ~m tak~g o£ private p~°~_t~, .either under the-dm:ess o£ p~s~con~io~ o~ ~co~o~ '~self~ .is a ~sence of d~ns~a~e~ ~ c~ll~g necessity. 'In o~ open,on, ~at necessit~ ~s no~ p~esent ~ ~le case. 2. ~e present ~d~les of ~ ~s2 have been fixe~ for at leas2 six ~ea~s ~d Were ten~t~vel~ ~xed fo~ several ~ears ~fore ~at, all wl~ou2 including ~e Diner p~o~t~. ~1 of ~e pro~t~ wl~n ~e presenh ~dar~es ~s ~ a~uired ~d vizt~lly all ~e buildings d~lished. It se~ ~liar ~d lnapp~priate ~at, at ~ls late date, elev~-hou~ p~ceeding ~uld be lnstitut~ to'enlarge ~ose ~daries. 3. The E~ D~er pro~=ty f~ts on ~eiferson for 30 fee~ ~d extends betwe~ ~rallel lines easterly for a dist~ce o~ app~ox~tely 157 feet. ~ile val~le In its value ~s ~o~usly' enh~ced by ~e' fach ~at ~t is ~ed by ~e s~ pazties who ~ ~e ~utting ~t~er pro~zty, a parcel which fzonts on 3efferson S~eet fo~ 120 feet and has a dep~ of s~e 344 feet along Bullith Avenue. T~ include ~e E~ D~er pro~rty In ~t~ East me~s fra~enting the p~rty of ~oke Col~ege~ Dr. Cobb ~d ~s. Greet, which n~ has ~ overall frontage of 15~ ~eet on Jefferson Street. 4. ~e ex~st~ce of ~ a~ley at ~e rear of ~e o~d E~ks C1~ pro~rty, which ~kes a 90-degree t~ at ~e rear of ~e E~ D~ner pro~rty ~d extends along ~e northerly ~da~ of ~e ~t~er ~act to F~rst Street~ S. E., and ~e desirability of closing ~s alley, has been c~ted by the Redeve~o~ent Au~or~ty as a reason for ~e pro~sed taking ~e E~ D~ner property. It ~s d~ff~cu~t to see ~e validity of ~s reasoning, s~nce= (a} The alley abuts ~e E~ D~ner pro~rty for only a few feet, ~.e., ~e arc where ~e alley ~es its tu~. (b} Ro~oke College~ Dr. Cobb ~d ~s. Greet,' ~ers of al~ ~e private pro~rty ~utt~ng th~s alley, as we~l as ~e ~t~er C0~rat~on (lessee of ~e tract leased to ~e ~t~er) will c~perat~ wi~ ~e Redevelopment Au~or~ty, which ~s all ~e rest of ~e property ~utt~ng ~e alley, ~n petitioning Co~c~ to close ~e alley. (c) Closing ~e alley will cause no probl~ to ~e tenant who r~ts ~e E~ D~ner~ ~r~g~ents have been ~de wi~ ~e ~to~er to pe~t suppliers to come onto the ~t~er ~veways to ~e deliveries to ~e rear of ~ d~ner, ~d l~ke arrang~ have been ~de for ~e p~ckup of garbag~ and trash at ~e rear of ~e d~n~r. 5. The appear~ce of ~e diner ~tself has been cited as ~o~er reason for ~e proposed t~ng. This~ too~ ~ wi~out s~st~t~al merit, ~or reasons as foll~s= (a) For ~e long te~, ~t ~s '~rob~le ~at ~e d~ner w~ll r~n on ~e prop~ty for ~y cons~der~le per~ of t~me. ~e p~perty ~s t~ ratable to be devoted to ~s use ~n ~e ~ong te~. The l~kl~h~d ~s that ~e l~d w~ll be leased to s~eone who W~ll r~ve ~e d~ner ~d devote ~e pro~rty to a h~gher use. In fact, negotiations are n~ ~der way w~ ~e Co.ration which, If successful, w~l~ result ~n adding ~e E~ Diner parcel to ~e ~t~er lease~ w~ s~sequent r~oval of ~e d~ner ~d const~ct~on of a bu~l~ng which w~11 ha~n~ze wi~ ~e at.active buildings n~ on ~e site. (b) For ~e short te~, ~e ~ers a~e prepare~, if pe~tte~ ~ re~ ~e pro~rty, to erect a facade on Jefferson S~eet to ha~nize wi~ ~e decor of ~e ~t~er ~ to paint ~ wise ~prove ~e ap~ce of ~e ~i~ o~ its sou~erly si~e. In this co~ection, it s~oul~ be note~ ~at it is o~ly ~e ~iner i~elf whi~ affords ~ ob~ectio~le apgear~ce~ ~e brick a~ition to ~e rear is m~e~ ~ alkea~y ha~nizes wi~ ~e ~t~er ~ecor. 6. If at ~y t~e ~e ~er wishes to e~, ~e ~ers w~t to have the op~rt~ity to e~ on their~ ~ePrO- perry, not on property ~ey ~ul~ have to buy back from Au~ority. As a ~tter of fact, ~e Au~ority woul~ prob~ly not be willing to sell to th~ Do~nto~ner s~nce they, ~ould. to fin~ a single p~ser-~gr ~l= ~tl~e fron~qe on ~eiferson S~eet~ ~ ~s ev~e'p~es~t'~e~ ~d ~'~O~ever fore- closed fr~ e~d~q ~e ~ o~e~fers~ s~t~ ~ve, 'nego~ations ~e n~ ~der way'for'~ adding ~e d~er p~y to ~e ~lst~g lease of ~e ~t~er. ~. ~ ac~ire ~e E~ D~er p~perty, ~e ~ority w~11 ~ r~lred to e~d large ~ts of p~lic i~s. ~e Au~orlty~s offer, when ~de, Is accepted by. ~e. ~ers, ~at oEfer will ~Ve 'to be a ve~ slze~le one. If reJe=ted o~ers, a cos~ly cond~ation will ~s~e. ~e t~ayers~ federal ~d local, c~ well ~ spared ~ls e~nse. 8. Fr~ ~e st~d~ln% o~ ~e Au~ority, ~e p~cel ~esti~ Is tiny when c~red to ~e vast acreage of ~to~ ~st. Fr~ ~e s~d~lnt of ~e private ~ers~ ~anoke College~ Dr. Cobb ~d ~s. Greer, ~e parcel represents a ve~ s~st~tial ~rtlon of ~eir total frontage on Jefferson Street. ~. Fr~ W. ~gers~ Jr., Atto~ey~ representing L. R. H~nd~ Fr~ces H~nd Clay~r, ~ers and lessors of ~e H~nd Bullding~ and H~nd~s Printing & Litho Works~ Inco~rated, lessee of ~e building, appeared beiore Cocci1 and advised ~at ~der decisions of ~e Supr~e Court Bristol~ Norfolk and Sta~ton cases it is ~e f~ction off Co~cil to dete~ne, in ~e exercise of its ~ so~d discretion~ whe~er as a ~tter of fact, conditions exist ~at pe~it ~e exercise o[ ~e ~wers granted to ~e Au~ority by Section 36-49 of ~e Code oi Virginia, ~at in ~e exercise of ~is discretion Co~cil re~ired to weigh ~ relative need of ~e p~lic as represented by ~e Au~ority against ~e right of ~e individual to be le[t alone in ~e enjo~ent of his p~perty, ~at ~cause additional Je[ferson Street frontage would obviously enhance ~e value o[ ~e o~er land in ~e ~da~, inclusion of ~e H~ond pro~rty naturally desired by ~he Au~ority, h~ever, desirability does not meet ~e require- m~t of ~e statute for necessity, ~at ~e ~ers of ~e H~ond Building are perfectly content to r~in where ~eY are, ~ if ~ey are required to relocate, it will ~rk an ~due hardship u~n ~ ~d, in conclusion, ~inting out ~at Housing Au~ority has failed to prove ~e necessity for inclusion of ~e H~nd building in ~e ~t~ East Project. ~. E~d P. ~dwin, Presider, C~stal Spring ~d Comply, appeared before Co,oil ~d read a prepared stat~ent advising ~at ~is sudden interest in ~e E~ood D~er property'se~ ve~ s~ge, ~at ~is requ~t property In ~e ~to~ East Project appe~s to be no~ing hut an att~pt to increase frontage on Jefferson S~eet to 130 feet ~ereby deureasing ~at in private h~nds to 120 feet which ~uld ~ de~n~l to ~ ~d re~esting ~at ~cil reject ~at ~rtion of ~e pro~sal which is applic~le to ~ which ~oke C~11ege has a ~jor ~terest; ~. Russell R. Henley, ~ecutive Director, City of ~oke Redevelo~ent ~d Housing Au~ority, appeared before Co~cil ~d ~oduced ~. ~uglas Porter, represen~g ~rcou~ O~a~ and ~sociates, ~d ~. ~nald Zuchelli, Econ~ic Consulter, ~rton Hoff~ & C~p~y, who e~lalned various reasons for the reco~endation by ~e Housing Au~ority to acquire ~e E~d Diner property ~e property Occupied by ~e H~nd building. ¸30 After a le.n. g~hy discussion of the p~oposal o£ th~ City of ~oanoka referred to.Co~cil aot~g as a C~tee of ~e ~ole. ~e ~2~on was seconded by ~. Th~s ~d ~usly adoptS. S~l I c~ication f~ S~lii Paul J. Puckett tr~s~ttl~ copy of a ~t Order In co~ectlon ~1~ ~e salaries ~d e~nses o~ ~e Office of the ~herlff,_~s before Co~cil ~. Trout ~ved ~at ~e com~lcation ~d Co~t Orde~ be received md filed. The ~tlon vas seconded by ~. Llsk ~d ~usly adopted. RO~O~ V~ ~GIO~ ~ SERVICES P~ING CO~CIL, INCO~O~DI A co~ica~on, from ~e ~oke Valley Regional Heal~ S~ices-Pl~lng Cocci1, Inco~rate~, in co~ection wl~ ~lng applicatl~.for a two year gr~t to ~e Robert W~ Jonson Fo~dation, not to excee~ $400,000.00, .to d~nstrate h~ ~is area could ~prove its ~ergency medical c~ica~ons syst~ if it received ~is money, advising ~at ~ gr~t c~ be ~sed for.staffing~ training, p~chase of essential radio ~ul~ent, ~int~ce ~d develo~ent cost for a t~ year perl~ ~at if ~e f~ds are grated, a Regional ~ergency Medical Co=~ications Co~cll ~uld be fo~d to oversee ~e actual operation of ~e net~rk wi~ representatives from ~e ~ree local gcve~ents and requesting a stat~ent or Resolution from Co~cil offering its c~operation in ~is pl~ ~ develo~ent efforts for ~e Heal~ Pl~ing Co~cll ~d offering ~e assis~ce ~d coo~ratlon of any city gove~ent depar~nt ~at ~y have a re- lated interest ~ ~is ~tter, was before ~e ~dy. ~. Garl~d ~ved ~at ~e ~tter be referred to ~e City Atto~ey for preparation of ~e proper meas~e. - The ~tion was seconded by Dr. Taylor ~d ~usly adopte~. ~PORTS OF B~~S= The City ~ager s~tted a ~itt~ re~rt reco~end~g ~at he be au~orized to execute ~e a~propriat~ fo~ for acceptance of ~w ~forc~ent Gr~t No. 72-~785, ~w Inters, C~onweal~s Atto~ey and Cir- ~it Co~t, ~e total ~t of ~e gr~t being $6~800.00, wl~ $5,100.00 co~ng from federal f~ds ~d $1,700.00 of ~e gr~t provided locally in in-kin~ ~d further reco~dlng ~at $5,100.00 be appropriated to ~is gr~t ~. ~sk ~ved ~at Co~cll conc~ in ~e reco~endation of ~e City ~d of~ere~ the foll~tng Resolution= (%21055) A ~SO~ION au~orizing ~e accept~ce, execution, ~d of ~e 'S~cial Con~itions for Action Gr~t Awards' with ~e Division Justice ~ Cr~e Prevention for ~ action gr~t of federal f~ds for ~le- ~d ~ntin~tion of a law inte~ progr~ in ~e city. (For full t~t of Resolution, see Resolution B~k No. 38, Page 334.) Mr. Llakmoved the adop~tion of th~Resolution. Th~motion was eeconded by Dr. Taylor ~d adopted by ~e foll~l~g vote~ A~. ~ssrs. Garl~d~ H~d~ Llak~ Taylor~ T~S, T~out ~YS~ None---h .......... 0. Dr...Taylor ~en offered ~e foll~g ~rgen~ Ordinance appropriating $5,100.0~ ~Yees for Pro~esslo~al ~d S~clal Se~lces ~der Section 'C~nweal~s Atto~ey,' of ~e 19~3-74 budget= (%21056} ~ O~I~CE to ~nd ~d reordain Section %22, wealths Atto~ey,' of ~e 19~3-~4 Appropriation O~ln~ce, ~d providing for (For full tex~ of Ordin~ce, see Ordin~ce ~k No. 38, Page 335.} Dr. Taylor~ved ~e adoption of ~e Ordinate. The ~tion was seconded by ~. Lisk and adopt~ by ~e foll~ing vote= AYES: Messrs, Garl~d~ H~ard, Lisk, Taylo~ Tho~s, Trout and ~yor Webber ............................... ~YS= None ................. . . B~ET~S= The City ~ager s~tted a written re~rt reco~end- ~g ~at he ~ au~orized to execute ~e appropriate fo~ for acceptance of ~w ~forc~ent Grant No. ~2-A16~4, Training, Juvenile H~e, ~e total ok ~e gr~t being $16,101.00, wi~ $11,580.00 co~ng from federal f~ds and $4,521.00 of ~e gr~t provided 1~ally in in-kind ~tch ~d fur~er reco~end- ing ~at $~,580.0~ ~ appropriated to ~is gr~t accost. ~. Trout ~ved ~at Co~cil concur in ~e reco~endation of ~e City ~nager ~d offered ~e foll~ing Resolution: (~2105~) A ~SOL~ION au~orizing the accept~ce, ~ecutlon, and filing of ~e 'S~clal Conditions for Action Gr~t Awards' wi~ ~e Division of Justice ~d Cr~e Prevention for ~ action gr~t o[ federal f~ds for ~pl~tion of a progr~ for training persu~el at ~e juvenile h~e in group co~sellnp. (For f~ll t~t of Resolution, see Resolution ~k No. 38, Page 336.) ~. Trout~ved ~e adoption of ~e Resolution. The ~tton was ~econded by ~. Lisk ~d adopted by ~e foll~ing vote: AYe= Messrs. G~l~d, H~ard, Lisk, Taylor, Tho~s, Trout ~d~yor Webber .................................... ~YS= None ..................... 0. ~. Trout ~en offered ~e fo11~in9 ~ergen~ Ordinance appropriating $11,580.00 to Education ~der Section S27~ 'Juvenil~ Detention H~e,' of 19~3-~4 budget: (%21058) ~ O~IN~ to ~nd ~d reordain Section %27, 'Juvenile ~t~tion Home,~ of ~e 1973-74 A~propriation Ordin~ce, ~ providing for ~ergen~. -(Fo= full text of Ordln&nce, see Oz~llnance Book Noo 38, P~ge 337.) }~o Trout moyed the adoption of ~e O~ln~ce. ~e ~t~on ~as seconded ~ ~, Lisk ~d adopted by ~e foll~9 ~S~ Hessrs, 6arl~d~ H~a~d~ Llsk~ Taylor~ T~s, Trou~ and ~yor ~ber ................................... 7 · ~YS~ None ..................... B~-~GIO~ ~AIL~ The City ~ager s~tted a written re~rt ~n co~ect~on wl~ reappro~rlat~ng $3,330.51 to ~e 19~3-~4 f~scal year budget to p~v~e f~s ~ co~ect~on w~ ~y e~enses ~nc~red by ~e ~anoke Valley Correct~ons ~ard. ~. H~ar~ ~ve~ ~at Cocci1 conc~ ~n ~e re~rt of ~e City ~nager ~a offer~ ~e foll~ing ~ergency Ord~n~ce appropriat~ng $3,330.51 to Regional Corrections ~ar~ ~er Section %91, ~Non-Depar~ntal~ of the 1973-74 budget = (t21059~ ~ O~I~ to ~end ~d reordain Section ~91, ~Non- ~par~ental,~ of ~e 1973-74 Approprlat~on Ordinance, ~ providing for an ~ergency. (For fu~ text of Cr~n~ce, see Ord~n~ce B~k NO. 38, Page ~. H~ar~ ~ve~ the ado~tloa of ~e Ord~n~ce. The ~t~on was second- ed by Dr. Taylor ~ adopte~ by ~e roll,lng vote= A~= Messrs. GarliC, H~ard~ Ltsk~ Taylor, Tho~s, Trout an~ Webber ........................................ 7. ~YS: None ...................... J--0. B~ET-~CIP~ BUI~ING: The C~ty ~ager s~mitted a written re~rt reco~en~Ing ~at $~,625.00 be approprlabed to R~tals ~er Section 'M~cipal ~u~l~ng,' of ~e 1973-74 budget, to provide f~ds for ~e lea~e agre~ent for ~e o1~ Gr~ Pt~o Bu~l~ing. ~. Ltsk m~e~ ~at Cocci1 concur in ~e reco~endat~on of ~e City ~ager ~d offere~ ~e fo11~ng ~ergen~ Ord~n~ce a9pro~riat~ng $6~625.00 R~tals ~er Section ~63, 'H~c~pal Buil~g,' of ~e 1973-74 budget: (%21060) ~ O~I~CE to ~nd ~ reor~ain Section %63, Bu~l~ing,' o~ ~e 1973-74 Appropriation Or~n~ce, ~ providing for ~ ~ergen~. (For full text of Ord~n~ce, Bee Ordinance B~k No. 38, Page 338.) ~. Lisk moved ~e adoptlon of the Or, in,ce. The ~tlon was seconded by ~. ~ard ~ adopte~ by ~e foll~ng vote: AYES: Messrs. GarliC, H~, L~sk, Taylor, Tho~s~ Trout an~ ~yor Webber .....................................7. ~YS: None ....................... 0. CZ~ ~= The C~ty ~ager s~tte~ ~e following re~rt in co~ectlon wi~ ~e ~s~tta~ of Or~tn~ces revising ~e City Code so as to est~11sh six of ~e ~irect0rates ~v~sione~ tn ~e reorg~tzatlon of ~e C~ty of Ro~oke, rec~ing ~at Co~cll approve ~e Or~n~ces an~ ~at Councl! request the City Attorney to, at the appropriate t/~e~ reqUest the State ~gielature to cha~ge the Charter to provide that the directors of the various directorates be ap~ointed by the City Reneger with the approval of Council, and that the department heads, who will be at a lower level, be selected by the city ad~nistration in the futures 'August 6, 1973 Honorable ~ayor and City Council Roanoke, Virginl~ Gert tl emen: City Council has referred to the City Attorney the matter of preparing ordinances to revise the City Code so as to establish six Of the directorates envisioned in the City's reorganization. The City ~anager was asked to work with the city Attorney in the preparation of these ordinances. The City Attorney, the Assist~nt City Attorney~ the City Auditor, the City Hanager and Mr. Hedlund of Albert P~mond and Associates met for several houxs and as a result of this meeting and subsequent efforts, drafts of ordinances to establish the following directorates have been prepared.' Directorate of Utilities and O~erations Directorate of Safety and Security Directorate of Civic Enrichment Directorate of Human SerVices Directorate of Public Works Directorate of Technical Ad~L~nistration a~d Pla~h~ing Passage by City Council of these ordinances would establish this new level of ~ddle ~anagement as reco~ended by Albert Ramond and Associates and concurred in by City Council, the City ~anager and by other interested individuals who have appeared before Councll from time to time. As the term ~directoratet is new to the Roanoke Hunicipal govern- merit, and as the City Charter alludes to departments which in the revised government would be subordinate to the directorates, the City Attorney has expressed concern as the Charter requires that department heads be approved by City Coancil. We recognize this as a matter of concern which should be changedl however, as City Council has indicated an interest in this reorganization, and in approving the various aspects of it~ it would seam appropriate for this requirement to be in effect during the reorganization and that it should later be removed after the reorganization is complete. To this end, it would be recommended that City Council approve the ordinances which have been prepared establishing the six directorates, and that CoUncil request the City Attorney to, at the appropriate time, request the State Legislature to change the Charter to provide that the directors of the various directorates be appointed by the City Manager with the approval of Council~ and that the departoent heads, which w£11 be at a lower level, be selected by the City administration in the future. Respectfully subnL~tted, S/ ~yron E. Haner Byron E. Haner City Manager' Mr. Thomas moved that Council concur in the report and receive and file sane and that the Hayor be requested to appoint a committee to report back to Council regarding proposed Charter changes. The motion was seconded by Mr. Trout and unanimously adopted. Mayor Webber appointed Mr. Hampton W. Thomas, Chairman, the City Manager, the City Auditor and the City Attorney as m~mbers of the co~ittee. With reference to the matter, the City Attorney submitted a written report transmitting Ordimances which will establish 'directoratesm of human ¸34 services, of public ~rks, of utilities and operations,' Of safety.and security, of civic en~iclm~nt and o£ technical and administrativo planning,.;all as touched upon and suggested in a recent report of r~nage~ent consultants made to Council. ~. Th~nas offered the following emergency ordinance with reference to the Department of Public Works: (i21061} A~ ORDIN~CE to amend and reordain Section 11.1 Department of public Works, of Title II. Administration, of the code of the City of Roanoke, 1956, as amended, providing for the Directorate of Public ~forks as an administrative element of the cityl defining the functions which said directorate is to ad~tnister~ p~oviding for the appointment of the director of such directorate and defining his duties and responsibllitiesl providing the date upon which this Ordinance shall become effective; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 338.) H~. Thomas moved the adoption of the Ordinance. The motion was seconded by lit. Trout and adopted by the following vote: AYES: Hessrs. Garland, Eubard, Lisk, Taylor, Thomas, Troet and Hayor Webber ...................................... 7. HAYS: None .......................0. lit. Trout offered the following eraergency Ordinance in connection with the Directorate of Utilities end Operations, the Directorate of Safety and Security, the Directorate Of Civic Enrichment and the Directorate of Technical and Administrative Planning: (~21062) AN ORDINANCE to amend Title II. Administration, of the Code iof the City of Roanoke, 1956, as amended, by the addition of Chapter 14, Directorate of Utilities and Operations, Chapter 15, Directorate of Safety and Security, Chapter 16, Directorate of Civic Enrichment and Chapter 17, Directorate of Technical and Administrative Planning, providing for the Directorates of Utilities alld Operations, Safety and Sect~rity, Civic Enrichment and Technical and Ac~nfnistrative Planning, respectively, as adm/nlstratlve ele- ments of the cityl defining the functions which said directorates are to administerl providing for the appointment of the directors of such directorates and defining their duties and responsibilitiesl providing the date upon which this Ordinance shall become effectivel and providing for an emergency. (For full text of Ordinance, see Ordina~lce Book No. 38, Page Mr. Trout ~oved the adoption of the Ordinance. The motion was Mr. Garland and adopted by the followlng vote: AYES: Hessrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor HAYS: None ............................. 0. Mr. Lisk offered the following e~ergency ordinance in connection Human Services: (%21063) AN ORDIIIAECE to amend and reo~d~ln Title X. Public Welfare, of The Code of the City of Roanoke, 1956, aa amended, es new Title X.Io Human Services, By providing for a Directorate of ltu~an Se~lces as an admini- strative element of the city; defining the functions which said directorate is to admtnister~ p~oviding for the appointm~nt of the director of euch directorate and defining his duties and respousibllities~ p~ovldlng the date upon which this Ordinance shall become effecttvel and provldl~9 for an emergency. {For full text, see Ordinance Book No. 38, Page 344,) ~tr. Lisk moved the adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted bythe following vote: AYES: Nessrs. G~rland, Hubard, Liskt Taylor, Thomas, Trout and Mayor Webber ...................................... ? · NAYS~ None ....................... With further reference to the matter, the City Manager submitted the following report reconmending that Council authorize the realignment of the city departments as recommended by the management consultants, that Councll approve the assignment of the indiv£duals listed and approve the salaries as show~ and proposing that this realignment he effective August 20, 1973~ so that a~ orderly cha~ge-over ~ght be acco~lished at the beginning of the new pay period: 'August 6, 1973 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: Assum/ng that City Councll w111 approve the ordinances which establish the six directorates, ! em presenting to C~ty Council a listing Of individuals to fill the managerships of the various departments within the new directorships. ~any of the proposed managers are incumbents in those positions. On the list you will note that nine positions have been u~graded by the consultants. In most instances this is a result of increased responsibilities, i.e., Building and Grounds Department which assumes many responsibilities presently performed under other departments. In others the upgrading action is a result of the consultants evaluation of the duties and responsi- bilitles of those positions. In those positions where the duties re~ain basically the same, although the position should he upgraded, the incumbent will stay at the same salary in a lower step, and have increased chance to gr~w instead of being frozen in the top step. It is recognized that certain existing department heads feel that they are losing stature as a result of this reorganization. I would like to assure City Council that the in~ortance of the various departments has not been diluted just because .they do not report directly to the City Manager. Actually the insertion Of m~ddle m~ulagement should vastly ~mprove the responsiveness of the various departr~ents by providing more supervisors capable of and authorized to make a decision ~nmediately. This has been sorely lacking in the past, and as a result ~any important decisions have been delayed. It would be recommended that City Council authorize the realign- ment of the departments as recommended by the Management Consul- tants, approve the assignment of the indivlduals listed on the attached list, and approve the salaries as shown. It would be proposed that this realignment he effective August 20, 1973, so ,36 that an orderly cha~, ge~ver ~l. ght he accc~lished, at' the of ~e n~ ~y ~=~. ~s~ct~ully s~tted~ S/ ~ron E. C~ty ~ager' ~. Trout ~ved ~at Co~cil conc~ In ~e re~=t.o[ ~e City ~d ~at ~e ~tter ~ refer=ed to ~e City A2to~ey ~o= preparation o[ ~e p~r meas~e ~endlnq ~e City ray Vl~, The w~lon ~as seconded by ~. Tho~s and ~usly ~l~ i~er ~eference 2o ~e rotter, ~e ~udit C~ittee s~itted a ~itten re~rt rec~ending ~at ~e City ~ager ~d ~e City ~ditor be be ~der ~d re~zt to Co~cfl wf~ ~eir rec~endations ~d f~er that City Auditor ~ ins~cted to review wi~ ~e auditing ff~ of Peat, Mitchell & C~p~y ~efr reco~ended ch~ges in ~e re~rtfng ~d fo~t of ~e city's ffn~cial stat~ents and re~rt to Co~cil on August 13, 1973, with reco~en~atfons as to the ~l~entatfon of ~e pro~sed ch~ges. ~. H~ard moved ~at ~e City ~ager ~d ~e City Auditor be by ~. ~s and ~usly adopted. ~. H~ard fur~er ~ved ~at ~e City Auditor be instructed to review wi~ the auditing fi~ of Peat, ~ick, Mitchell a Comply ~eir reco~ded ch~ges in ~e re~rt~g ~d fomt of ~e city's fin~cial stat~ents ~d re~rt to Co.cf1 on Au~st 13, 1973, with rec~endatfons as to ~e ~pl~entation of adopted. ing of code r~ufr~ents for physical ex.nations of m~ers of ~e Police ~par~ent ~d ~e Fire ~par~t, ~fntfng out ~at efforts will be ~de to negotiate a reason~le price for ~ese e~natfons ~d ~at it will be necessa~ tc a physical ex.nation for each ffr~ ~d ~lic~ to ass~e ~efr cap.fifty to perfo~ ~eir duties wi~out ~pai~t to ~elves. ~. Th~S moved ~at ~e re~rt be received ~d filed. ~e ~tfon was seconded by ~. Garl~d ~ ~ly adopted. ~R D~-~S= The City ~ager s~ftted a ~ftten water line to be installed by Brach ~d ~sociates, Inco~rated~ ~der ~e p~vfsfons of ~e water l~e extension ~li~ est~lished by ~e City of l~r. Lisk moved that, Council concur Lu tfl~ ze~tion of Zhe City ~aqer and offe~ ~e foll~ ~rgffi~ O~ce~ (~21064~ ~ 0~ accepting ~e g~t of a ~t~l eas~ent fo~ a right oE ~a~ for a six inch ~ater ~ln over, ~h '~d across ~e lands o~ Brach ~ ~sociates, Inco~rat~ l~lng ~ beiag In ~e City of ~oke~ Vlr~inia, ~d desl~ated as Oiilclil ;~ No. ilS010i; au~rizlng ~d directl~g ~e accept~ce by ~e Hater ~t of ~e City of ~oke of title to ~in laid ~erein u~n ce;rain te~ ~d conditions; ~ providing for ~ (For full text of Ordin~ce~ see Ordin~ce Mk ~o. 38, Page 347.) ~. Ltsk ~ved ~e adop~lon of ~e O~tn~ce. ~e ~lon ~as seconded by ~. Garl~d and adopted by the foll~ing vote: AYe; Hessrs. Garl~d~ H~ard, Lisk, Taylor, Tho~s, Tro~2 and ~yor Hebbe~ ....................................... ?. ~YS = ~one ........................0. P~ ~ P~YGR~S: The City ~nager s~tted a ~itten conc~rln9 in ~e ;ec~endation o[ a co~tt~e tha~ ~e proposal o[ the Noland Company. Inco~rated, for supp1yln9 fo~ C~ort Stations, tn the total of ~27,200.00, be accepted. ~. Tho~s moved that co.oil concur in ~e ;eco=endation o[ ~e City ~nager ~d offered the iollo~in9 ~ergen~ Ordinate acceptin9 the p;o~sal of Nol~ Co. ay. Incor~rated~ in ~e ~ off ;27~200.00: (~21065) ~ O~I~CE accepting ~e pro~sal of NOl~ Co.any, Inco~rated, for supplytn9 four c~ort stations; au~orizing ~e proper city officials to execute the requisite contract~ rejecting certain o~er bids ~de to ~e city~ ~ providing for ~ ~er~ency. (For full text of Or,in,ce, see Ordin~ue Book No. 38, Page 348.) ~. Tho~s moved the adoption of ~e Ordin~ce. The ~tion was seconded by ~. T~ut ~d adopted by ~e roll,lng vote: AYES: Messrs. Garl~d, H~ard, Lisk, Taylor~ Th~a, Trout and ~yor Webber ...................................... 7. ~YS: None ....................... 0. WA~R DEP~T= The City ~ager s~tted a ~itten re~rt conc~r- ~9 in a reco~endatlon of a c~ittee ~at ~e pro~sal of B~er Bro~ers~ ~nco~rated~ for f~ishlng ~d delivering a new crawler-t~e excavator to ~e City of Ro~oke for use by ~e Water Depar~n~, in ~e ~t of $2~,469.00, be accepte~. ~. Trout ~ved ~at C°~cil conc~ in ~ rec~endatlon of ~e City ~ager and offere~ ~e foll~ing ~e~ Ord~ce accepting ~e pro~sal of Baker Brokers, lnuo~rated~ in ~e ~t of $2~,469.00: (121066) ~ ORDII~CE au'~horizi~, g tha purchase 'of one ne~ t~e excava~ u~n cez~ te~ ~d p~vlsions~ bF accePt~7 ~ebid rode to ~e oi~y by ~e= Bro~e~s~ lnco~ated~ ~e~ect~ ceztain o~er bids~ ~d providing for ~ (For full text o~ O~in~ce, see O~in~ce ~k No. 38, Page 349.) ~. Trout ~ved ~e adoption oi ~ O~ln~ce. The ~tion was seconfled by ~. Th~s ~d adopted by ~e foll~lng vote: AY~ Nessrs. Garl~d~ H~ard~ Lisk, Taylor~ ~o~s, ~out and ~yor Webber ..................................... ~YS ~ None ......................0. CI~ ~S= The City Atto~uy s~tte~ ~e following re~rt co~ection wi~ certain ~tters which were referred to h~ on July relating to ~e Office of ~e City Auflitor, ~e City Treas~er ~ Co~ssioner of ~e Revenue ~d to pro~sed n~ o~fices referred to as ~sist~t City ~ager for Fin~ce ~d as Assist~t City ~ager for Tec~ical ~nistrative Plying = 'August 6~ 19~3 ~e Honorable ~yor ~ ~ers of Roanoke City Co~cil ~anoke, Virginia At ~e meeting of ~e Cocci1 held July 16~ certain ~tters were referred to me relating to ~e office of City Audltor~ ~e City Treas~er ~ ~e C~ssioner of Rev~ue ~d to pro~sed new offices referred to as ~sis~nt City ~ager for F~ce ~d as Asslst~t City ~ager for Tec~i- cai ~d ~nistratlve Piing. ~ ~ grateful for ~e t~e allowed by ~e Co~cll for caring out ~e assl~ent, inas- ~chas ~e area of the s~ject ~tter is quite ext~sive much ~r~ ~ noel t~e has been re~ired for research for fo~ulation of opinion on ~e ~tters referred to me. Because of ~e several options which I have reached ~e questions c~not be ~ered in precisely ~e fo~ presented to me. ~ ~ ~ S~PS NE~SS~Y ~ ~QUI~ FOR PE~ ~ OF ~ TIT~ OF CI~ AUDI~R ~ ~SIST~ CI~ ~AGER FOR FI~~ ~ C~TION OF ~ POSITION OF ~S~ST~ CI~ ~R FOR ~ ~NIST~TI~ P~ING. ~ All of ~e a~ve ~y be accomplishe~ ~ ~y. only be acc~plishe~ by ~en~ent of ~e City ~arter by ~e ~neral ~s~ly of Virginia, ~e proced~e for which is hereinafter dlscuss~ as a separate topic. ~ ~e Co~cil ~s, ~e ~sition of City Auditor is provided for in sections 9 25 of ~e City Charter ~d is r~ferred to in several sections of ~e ~arter. ~e duties ~ res~nsibilities of ~e City Auditor are pr~rily set out in Sec. 25 but, s~larly, are touched u~n ~ o~er sec~ons of ~e ~arter wherein ~e ~utles of ~at office become involved in o~er offices or depar~ts of ~e City. ~t being ~ ~erst~ing ~at pro.sa1 has be~ ~e to ch~ge ~e preset me~ of ap~t of ~e City Auditor ~d, essentlally, to divide ~e present duties of ~t office, be~e~ t~ pro~sed new offices, It ~en becomes evi~t ~at Sections 9 ~d 25 of ~e City ~arter toge~er wi~ Section 33, relating to ~e ~ual budget ~uld nee~ be ext~sively revise~ ~ new sections containing provisions relat~g to ~ new offices to b~ created ~uldneed be · grore~erst.ed,, al! to ~ pxes~t~ ~ ~ ~e~al ~y. ~is~dC~rter ~n~n~s, ~-'proc~d~e for' ~ch"'is later ~R SU~ OF ~ OF ~ STA~S OF ~ O~Z~ OF ~ C~SSZO~R OF~ ~ NOiR ~ In view of ~e opinion at which I ha~ ~rived,_ I c~ ~rce~ve of no ~estion, o~er ~ ~at of p~s~d ~en~ts~ which ~ght properly be s~2t~ to referenda. ~e V~rg[nia C~stitut~on provides, ~n Sec. 4 Of ~t~cle ~I~ In ~s which I ~nslder ~dat0~ ~at o~er ~ ~t~es or c~2les wh~ch~ on J~y 1, 1971, ~re not re.ired to have or elect such off~ceEs, ~ere shall be elected at re~lar elect~ held each fo~ ye~s a ~eas~, a sher[ff~ ~ at2o~ey for ~e C~nweal~ a clerk of co~ ~d a ~ssioner o~ reven~e. A copy of ~e section ~s ~xed, ~rk~ I. Section 18 o~ ~e C~ty ~arter sl~larly ~e elect~on o~ those s~ officers, ~d I ~close for ready reference a copy o~ ~at sect~o~ ~rked ~ile ~e Constitutional prov~sions a~ve cited ~ke refer~ce to s~ttal of certain ~estio~s to referenda. ~e only ~est~on ~ssible of referend~ ~s ~at of two ~re ~ts of gove~ent sharing ~e seduces of ~e offices r~ulre~ by that provision to be elected quadrennially ~n each such That ~e ~uadre~lal elec~on of a treas~er, sheriff, et cetera, ~n each cowry ~d city ~s intended as ~dato~ ~s, ~n my opinion, ~de clear by ~e use~ in ~e ~rd para- graph of sS4 o~ the clause ~**** required by ~ls section ****~ ~d by ~e las2 sent~ce ~n ~he ~rd paragraph which provides ~e only exception to ~e provisions contained in ~e paragraph of ~at section. Accordingly, I ~ of ~e opinion ~at ~l[s~t~ of ~y of ~e offices provided for ~n S°4, ~t~cle V~I of ~e Virginia Const~tut[on~ [~ approached ~n ~e usual sense of complete el~nat~on of ~ose offices, is not legally ~ss[b[e in ~e C~ty of ~oke at ~e moment. The ~ve ~s not to say, h~ever~ ~at by appropriate ~arter ~t ~e present lega~ duties of ~y of ~e above- m~t[oned offices ca~ot be serrated or d~vorced from strat[on ~d o~rat[on of ~e C~ty~s affairs and f~n~ces. Agar, by ~t of preset ~arter ~rovls[ons, ~e duties ~d res~nsib[l[ties of ~ose elective offices, or any of w[~ respect to ~e c~ty~s affairs ~ght be el~nated fr~ the ~rter but, at ~e s~e t~e, o~er provisions would need ~ added to the Charter so as to ~e replac~t~ ~der duties of some o~er City office, of those ~sed on present offices ~d officeholders. As stated ~ove, proced~es for ~arter ~n~nts are here~after d~scussed, separately. T~R FOR ~ PE~OD OF FOUR y~ FROM DA~ OF ~ N~ TE~ OF ~ N~y E~ OFFI~ ~d ~ ~ E~E~ OF ~E~UM ON DATE OF DISCO~I~CE OF S~D ~ to ~e first part of s~ject heading, ~e.op~ion stated ~ ~e preced~g section largely ~ers ~is ~estion. H~ever, if by proper C~rter ~en~t, ~e duties n~ ~sed.on certain constitutional o~[ces ~d officers By ~e ~arte~w~e r~ved ~d placed u~n some o~er Clty offiuer by f~er ~t of ~e ~ter, ~e Ch~ter ~n~t, l~elf, ~ght ~s~y ~d ~ressly relieve ~e City, in its co.rate capacity, fr~ obllgat~o~ of ~lnta~nlng, fln~clally, ~e el~c~ve offices r~ved fr~ ~e a~nis~ation ~d o~ration of City affairs, effective at such t~e as ~ght be s~cified in a Cheer ~end- m~t. In ~ option, elective offic~olders would be bo~ by such ~nt for ~ey accept office wi~ ~ledge ~at ~e leg[slat~e ~y ch~e ~e fo~ of local gove~ent ~d ~y, within constitutional if~nits~ ab°iish',~£i~eS-,'t;o'~hichi-~Y have been;elected. : I' have £oUnt no: exp. rens-sta~u. ,t~..or. con- stitutionsl*,p~ovision which bears on this. subject, hut'.L have no doubt that the General Assembly has the nuthority~'-should it choose to exercise it, to relieve the City, by Ch~rte~ p~ovision, fzc~ the expense of ~aintainLng an o££1ce which ~ould exist to serve the State, alone. The second pa~t of ~he subject heading hasbeen ansvered in statement of my opinion that the Constitutional: p~ovtnlons for referendum, contained in S 4, A~ticle VII, above_~antioned, has no bearing upon the !abolishment~ or elimination o~any.of the elective offices referred to in that section buts-instead, pro- vide for and requires a referendum on the sole question of or more units of gove~mment sharing the officers required by that TIHETABLE AS TO pROCEDURES FOR CHART~,R AH~I~HEIiTS . Chapter 17 of Title 15.1 of the Code of Virginia .is attached, marked III, those fou~ sections of the general law specifying the methods, and the only methods by which city charters may be granted or amended by the General Assembly. As will be noted, provision is made that the public be afforded opportunity, either at a referendtm or at public hearing held on proposed charters or charter amendments, to express its desire with reference to the proposed legislation. It should be noted that, when sub, fred to referendum and favored by a majority of the qualified voters voting in the election, a city must submit to one or more of its legislators a bill to be prese--~d to the Legislature, although no provision is made precluding submittal of changes not approved at referen- dum nor is any provision made as to what must be established at a public hearing held in lieu of a referendum. A referendum may be ordered by the Council, . with the election to be held not less than thirty (30) days. following the setting of such election. A publlc hearing may be ordered by the Council, in lieu of such election, by publlcation of not less than ten (10) days notice of the time and place of hearing and publication of the text or an informative st~m~ary of the proposed new charter or amendment. Either such procedure requires, therefore, advance preparation of the proposed charter or charter amendments. The General Assembly convenes on the second l~ed~esday in January, each year, being Jenuary 9, in 1974, and provision is now made that bills proposing new legislation may be pre- filed within 40 days prior to such ccam~encement. .General law requires, also, that any bill proposing a charter or charter amendment must be introduced within ? calendar days following co~mencament of each Session. Accordlngly, a bill proposing a charter amendment might be filed at any time subsequent to November 30, 1973, but would have to be introduced no later than January 15, 1974, unless by request of the Governor or made necessary by some other act of that Session. An exact timetable leading up to possible legislatlon of tulresolved charter amendments or changes is difficult to set out, by dates. Obviously, the first acts which must' occur in the process ls that of deciding upon what is. to be accomplished by the change, the details of the changes proposed, and the effect of those changes on other portions of the charter. After preparation of the new matter intande~ to be a~ed and decision upon that to be deleted from the present charter, a review of all other charter provisions needs be made so as to.assure harmony and consistency between all of the sections of the charter. These things being done, all would then be ready to be presented to the citizens by method of referendum or public hear- lng, abovementioned. As between those two methods, the Councll has on prior occasions usually adopted the public.hearing procedure, in lieu of referendum, provided in S~15.1-835 of the Virginia Code, end I would still rec~end that procedure for any normal proposed charter amun~ments. It is a much more flexlble pro- cedure and affords opportonity to exchange ideas and consider and make changes of the proposal or proposals in the course or as a result of the public hearing, unlike approval or disapproval of specific proposals presented at refezendma~. To-approaCh the ~atter orderly and ~n~ view of the legislatore :flllng~and cut-. off ~ates previously mentioned, ! should think~ tha~:public~ hearing or hearing~ held-~n late October or early~Noyamh~r~ 1973, on prbposed legislation which was by that tl~a~lnlcoh~ratc form, would afford a~le time for due considsration of~he%propossls, for decision by the Council as to the exact legislat~on .to be presented, and for preparation of the bills tb be-transmitted to members of the General Assembly from the city... As the Council knows, the 1973 General Assembly'enacted sweeping legislation in the area of courts of record:and courts not of record and, in so doing, repealed all inconsistent pro- visions of city charters but made-due transitionaL.provisions in the process. Host of the 1973 legislation.became effective on July l, 1973, and my office is now engaged, as a good housekeep- ing procedure, in cataloging those sections and provisions of the present City Charter which, as a result of 1973 legislation, should now be amended or repealed for sake of consistency with the general law; and, for that purpose alone, ! would intend within the next 60 days to ask the Council to plan to have those charter amendments scheduled for public hearing during the month of November, 1973. If ! may be of further advice or assistance, please so direct. Respect fully, S/ J. N. Kincenon Ja~es N. Kincanon, City Attorney' Also with reference to the matter, the City Attorney submitted the ing supplement to the above opinion: 'August 6, 1973 SUPPLEHEHT TO OPINION DATED AUGUST 6, 1973, RELATIVE TO CERTAIN LOCAL ELECTIVE OFFICES The Honorable Hayor and Members of Roanoke City Coancil ~oanoke, Virginia Gentlemen = Since preparation of the six-page opinion on subject matter, heretofore transmitted to the Council under the same date, have continued research and study on the questions presented to me for opinion and I am now impelled to modify certain of the opinions expressed on the topic ~As to Legal Steps Neces- sary and Timetable for Subm/ttal of Hatter of the Status of the Office of the Commissioner of Revenue and City Treasurer to a Referendum in the November General Election. In the 3rd paragraph of my discussion of that topic and relat- ing to provisions contained in ES4, Article VII, of the Con- sti~uttoa, there is contained the statement that tthe only question possible of referendum is that of two or more units of goverra,~nt sharing the services of the offices required by that provision to be elected quadrennially in each such unit, and, in the next paragraph, the opinion that *'abolishment' of any of the offices provided for in SS4, Article VII, of the Virginia Constitution, if approached in the usual sense of complete elimination of those offices, is not legally Posslble in the City of Roanoke at the moment.' sS4, Article VII of the new Constitution, after stating that *There shall be elected by the qualified voters of each county or city a treasurer, a sheriff, and an attorney for the Common- wealth, a clerk, **** and a commissioner of revenue* states, also, that ~The General Assembly may provide for county or city officers or methods of their selection, including, permission for two or more units of government .to share the officers required by this section, without regard to the provisions of this section, either (1) by general law to become effective in any county or city when submitted to the qualified voters thereof at un election held for such purpose and approved by a ~3ority of. those ~vot~. g thereon in' each' such':bou~ty OF cit~, or (2)'b~ special act u~ ~ r~est,-~de~aft~ such ~election,"of ~co~ty o~ cit~ affected;TM Ho:hu~ law shall~ reduce ~e' te~o~-~ ~r8on holdi~ ~-'office at ~e In dis~sion of sS4~ ~t~cle ~I~ of ~e n~con~titution, ~e re~2 of ~e C~s~on on C~stitutl~al'~vlsion' contains ~e foll~lng~ ~S~ce 1928~ co~tles have be~ ~tte~ b~e' Con- stltuhion to adop~ optional fo~ of ~ove~nt ~i~~ ou~ ~ese n~office~s. ~e ~eral~s~l~s~ adopted ~pl~21n~ legislation, passed In s~ ~ties~ which ~ts ~ optional If a co~y my be au~orized to adopt such a pl..of govern2, a city should also. The las2 ~ragraph of ~e p=o~sed section ext~ds to a city ~e s~e au~ority to provide for officers ~l~out ~e~d ~ ~ls section which is n~ ~ssessed by a co~ty,-pro- vided (1) ~e G~eral Ass~ly so au~orizes by law ~d ~y pro.sa1 is app~ved by ~e ~ople In ~e ~ty or city, or (2) ~e ~e~al ~s~ly so au~orlzes by s~cial act adopted at ~e re.est oi ~e locality, after ~ election ~erein. The l~age would ~e ~eral ~s~ly to include ~ese p~vtsions in a c~plete rom of ~ove~t, o~ not, as it desired. The co~ssion felt ~at no constitutional officer ~uld c~lain oE his office ceasing to be elective if such a p~o~sal, before it ~cm la~, had to be s~tted to ~e ~ople who elected h~. As ~inted out a~ve, ~e ~neral ~s~ly has had ~is ~er for constitutional officers in co~ties since 1928.~ In view of ~e ~ove ~d in vier o[ cases ~hl~h were decided ~e 1928 Constitution of virginia ~hlch, in S 117 (d) provided ~at "~y laws or ~arters enacted p~su~2 2o ~e provisions ~is section shall be s~jec~ to ~e p~visions of ~is Constitu- tion relaxin9 expressly to judges ~d clerks of cou=ts, atto~eys for ~e C~n~eal~, c~ssioners of =evenue, city treasure~s ~d city serge~ts,' bu~ ~hich provisions are no2 COhered In ~e 1971 Cons~itu~ion, I ~n~o[ opinion ~at, ii app~ved by ~e ~lified voters of ~e City at a refer~d~ held on ~e ~estion, ~e city Charter~gh~ be ~ded so as to el~nate provision for ~e ~ad~ial election of o~fice=s =efe~ed to in SS4, ~tlcle VII oi ~e Constitution ~d so as to fix ~d est~lish a date, certain, after which incest officials in ~e offices approved to be el~nated~d no lon9e~ hold ~e office ~o which they ~gh~ ~eretofore or S~ult~eously have ~en elected. The Co~cil my by o~in~ce p~ovide for~estions to be ~tted on refe=~d~d for ~e t~e, place ~d ~er oE elec~ons on such ~estions. Notice ~ating:from ~e Electoral ~ar~ must ~ p~lishe~ ~ a~vertise~ not less ~an ~0 ~ays prior to ~y such election ~, obviously, ti~ is re~re~, befor~ for ~e pr~nt~g of ballots, notices, obtaining ~ks an~ o~er incidentals relat~g to ~e election. ~ or~ce of ~e Co~cil o~ering such election should, ~erefore, be adopte~ in such t~e as to all~ all of ~ese ~ings to be orderly done. The question or ~estions to be presente~ at referend~ having be~ ~eci~ed u~nby ~e I ~ of opinion ~at ~e or, in,ce ordering ~e election should be a~opte~ at least ~irty days, but not necessarily more ~ forty-five days, prior to ~e date of ~e act~l election. Respectfully, S/ J. N. K~c~on J. N. K~c~on= ~. Tho~s ~ve~ ~at ~e opinion ~ suppl~ent be ~ ~er a~vis~ent wi~ ~e ~ers~dlng ~at copies of ~e opinion ~ ~e supplant be ~e avail~le to ~. Ja~ B. Co~lter~ Atto~ey, re~resentlng ~e City Treasurer, f~er ~at ~e option ~ suppl~t be referre~ to a co--tree compose~ o£ ~o ~unpton W. ~homas; ~he City. Hanage:; .the C~y At~e~ ~ ~ City Auditor In co~ecelon vl~ ~e~t s~dy of ~se~ city ~:tet ch~ges. ~e ~a8 seconded by DF. ~aylot ~d ~usly CIR~IT C~RT: ~e Assist~t City Atto~ey s~tted a'~ltten re~rt tr~tt~ng ~ O~n~c~ regaling C~pter 2, Title XI of ~e C~ty C~e, a~v~s~g ~at ~e p~se o~ ~e O~ln~ce Is to delete C~ty. ~de ~rovls~ons which p~v~de for cer~n m~cipal co~ts not of record ~ ~at ~ls action w~ll bring ~e c~ty ~ts not o~ record ~nto confo~ty w~ ~apter 4.1~ T~tle of the 1950 Co~e of V~rgin~a, as ~nd~, which, est~l~shes a new ~lfo~ syst~ o~ courts not of recor~ ~oughout ~e Co~nweal~ o~ V~rgin~a. ~. Th~s moved ~at Co~c~l conc~ ~n ~e re~rt of ~e ~s~st~t C~ty Atto~ey and offered ~e fo11~ng ~ergen~ (121067) ~ O~ regaling ~apter 2. Co,ts, of T~tle X~. Police Force an~ Courts, of ~e C~e of the C~ty and providing for ~ ~ergency. (For full text of O~in~ce, see Ordin~ce B~k No. 38~ Page 350.) ~. Tho~s ~ved the adoption o~ ~e Ord~n~ce. The ~t~on was seconde~ by ~. L~sk and adopted by the foll~ng vote: AYES: Messrs. Garbed, H~ard, L~sk~ Taylor, Tho~s, Trout and ~yor Webber ...................................... 7, ~YS= None ....................... ZONING: The City Pla~ng C~ss~on s~tte~ ~e fo~l~ing re~rt ~n co~ection wi~ a co~cat~on from ~e W~b L~er Comply advising ~at recently ~e~r buildings were destroyed by f~re ~d re~est~ng ~ss~on to continue to o~rate wi~ a s~ll shed t~e bu~ldlng where ~ey pl~ to house ~ch~ne~, reco~en~ng ~at ~e request be 'Au~st 1, 1973 ~e Honor~le Roy L, W~ber, ~yor ~d M~ers of City Co~c~l ~oke ~ Virginia The ~ve c~te~ re,est was considered by ~e City P~ng Co~ss~on a~ ~ ~ts re~lar meetings August ~, At ~e Ju~y 18~ 1973, meet~g, ~. ~ynton began ~e meeting by not~g ~at ~e Zon~g Ord~n~ce provides ~at ~n cases of a non-confo~ng ~t, if 50% or ~re of a building ~s destroyed by ~re, ~e ~t for ~e non-con~o~ng use ~s cancelled ~less Co~c~l approves it w~in s~x ~n~s following ~e f~re. ~. Jo~ W. W~b ~ appeared before ~e Plying Co~ss~on ~ state~ ~at on Apr~l 21, 1973, ~ere was a f~re at h~s l~er c~y ~d one of his bui~gs was des~oyed. He fur~er sta~e~ ~at he ~ul~ l~ke a build~g pe~t to cons~ct a s~l c~n~erblo~ bu~l~ng beh~n~ ~e ~ot for storage of h~s ~ch~ne~. He noted ~at he was ~der ~e gr~dfa~er c~ause ~d a new building pe~t could not be ~asue~ ~til City Cocci1 ha~ g~ven ~eir approval. ~. Parrott questtone~ ~e extent of ~e d~ge. ~. Webb s~e~ ~at ~e fire destroye~ one bu~ng, but he was operating ,¸44 · out of~ snorer- building.' that was not burned.. - ~4r~- Fan*ot~" stated ~ ~let~y:close d~'~' hdivid~l s b~es~-~-~ere ~e ~ one building ln~lved which is ~ 'case ~e. ~ght ir~ ~e BulldOg ~8si~erTM office"a~d:~t Webb ~uld r~ld vl~in a ~ri~ of six ~n~s of ~ fire he a~ltes for a building ~t. ~eve~, actor'S'City ~cil is r~ired, he not~, ~d ~e. Pl~g.C~?lon ~ing asked ~ ~e a rec~dation to ~czl on~zs After dls~ssion-b~ ~e Piing ~ssioni~ers, 'It was decided ~at a close~ l~k should be given ~ ~ls',p~ty by ~e C~isslon m~s, ~at It ~ t~led ~til ~e next scheduled ~et~g of ~e Plain9 C~t~sion* . -. At ~e Auks2 1~ 1973~ meeting oi ~e Pl~g C~ssion~ ~e plain9 Directo~ ap~ared before ~e Pl~-C~ssion s~ated ~at ~e ~tent of ~e ord~ce in ~egard;to nonoconfo~ng uses is ~ei~ te~nation after a ~eason~le ~ri~"d:tiM and ~at ~is ~tition p~vldes ~e Cit~ wl~ ~ op~rt~ity to do precisely ~ls. I~ vas noted ~at ~ls use represented ~ ~c~tible use In ~ls residential area ~d ~a2 ~e building ~ not ~ Issue. ' S~e dls~ssion of this ~tter ~ t~k place by' ~e Co~ssion m~e~s. ~. Bradsha~ stated ~a2 ess~tially, City ~uld ~ putt~g ~is ~ ou~ of business. He ~en asked if ~ere was ~y ~ay ~o r~est ~. W~b ~o screen his operation from ~e residences. He noted ~a~ ~e lnt~ of ~e Zoning Ordln~ce~ he felt, vas to do a~ay wl~ non-confo~ng uses when a large ~rcen~ge oi ~e buildln~ vas b~ed but ~at ~. Webb ~ed several o~er buildings on ~is site ~d one-half of his total o~ratlon did no~ b~n. ~. Parrott stated ~a2 ~e City does no~ all~ ~. W~b ~o rebuild, ~en ~ey are no2 acco~lish~g ~ythlng because ~e ~ will continue to operate his business ~d wi~out ~is new building, ~e operation ~uld probably be mo~e inco~at~le ~i~ ~e area ~an It is n~ ~as ~[ore ~e fire. ~. Jo~ V. Flag~, 1310 Pat2e~son Av~ue~ S. ~., appeared before ~e Plying C~tssion ~d stated ~a~ he had dealt ~l~ ~. Webb for a n~e~ of years ~d the2 his o~ration ~as a ve~ old one ~d since none o~ the heights are shying op~si2ion to non-conio~ng use, he felt his re,est should be approved. Some Plain9 C~sslon m~ers felt ~a~ ~. Webb should be all~ed to rebuild his shed since it ~uld excessively inconv~lence h~ and ~uld not acco~llsh any~in9 while o~e~s felt ~at he should not be g~ted pe~ssion to rebuild ~der his non-confo~ng use. A~rdingly, ~tion was ~de ~ duly seconded ~a~ ~e building ~t be issued and z~ues~in~ ~. W~b ~o screen his property. ~ere was a vote of ~wo (~) ayes and t~ (2) hayes; ~erefore, ~e reco~da%ion of ~e Plying C~ssion is ~at ~is r~uest be denied. Sincerely, ~en~ B. I~ appearin~ ~at ~ere was a Z - Z ~te by ~e City Plying Co~ssion m~ers as to ~e re.est of ~. Webb, ~. Th~s ~ed ~at ~e ~tter be referred back ~o ~e Ci%y Pl~in~ C~ssion for reconsideration wi~ r~uest ~at a ~jori~y of ~e Plying Cn~ssion m~ers gi~e Co.oil a definitive rec~ion. The ~tion was seconded by Dr. Taylor ~d adopted. ZONING: The city Pl~in~ ~sslon s~t~ed ~e foll~ing re~rt co~ection wi~ ~e re.est of ~. Charles ~. Os~erhoudt, A~o~ey, representing of Virginia,' Inco~ra%ed, ~. E. R~cca C~er, ~. ~ne E. ~rsteller and The Glorious Church of God in Christ, that prol~rty located in the 1800 block of Loudon Avenue, Ho Wo~ described as Lots 1-8, lnel~sive,' Block 30, Hap of Hyde Park Land Company, be rezoned from RG~I, General Residential District, to LM, Light Hanufscturing District, recon~ending that the request be granted. H~, Trout moved that Council hold a public hearing on the request for rezonlng at 7:30 p.m., ~nday, AugUSt 27, 1973. The motion was seconded by Hr° Llsk and unanimously adopted. In this connection Hrs. Jean Franklin appeared before Council in opposi- tion to the proposed rezoning. f ZOHING~ The City planning Ccmmu[ssion submitted the following report in connection with the request of Hr. J. Glenwood Strickler, Attorney, representing T. Weldon Hale, trading as Hale Real Estate Agency, and Rebecca Y. Hsle~ that proper located near the intersection of Cove Road and Hershberger Road, N. W., described as the northeasterly portion of Official Tax No. 2480147 and all of Official Tax Nos. 2480117, 2480141, 2480148 and 24801lit all o[ which contain 16 acres, more or less, be rezoned from RS-3, Single-Family Residential District, to RG-I, General Residential District, reco:~nending that the request be denied: "August 1, 1973 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The ~/)ove cited request was considered by the City Planning Commission at both its regular meetings of July 18, 1973, and Ang~st 1, 1973. Some historical perspective is in order to shed light on this petition. This ite~ dates back to February, 1972, when the Planning Co.mission unanimously recommended approval of this petition. The City Council, however, first denied this petition l~ April, 1972, and somewhat later reconsidered this ~tter again and at that time, in June, 1972, granted the rezoning petition. The neighbors of the area, h~wever, then filed a petition with the Courts, who then decided that it was not legal for. Council to have reconsidered this petition, and that the one year waiting period would have to be observed. The one-year period has now elapsed and Mr. Hale, having filed a petition with the Clerk, is again having this rezoning petition considered by the planning Commission. On July 18, 1973, Mr. George Harris, attorney for the petitioner appeared before the Planning Cn~-{ ~sion and presented a brief historical review of the petition and then spoke to some of the elements of this 106 unit development. Particular attention was focused on the apartment characteristics, parking situation, sw{~{ng pool, recreational areas and the general traffic and circulation situation associated with this development. Much opposition to this rezoning petition was expressed at this meeting. Mrs. Ralph Leslie, 3017 Ferncliff Avenue, N. W., appeared before the planning commission and stated that this area is ver~ heavily traveled now with traffic tie-ups extending through- out this area, the drainage is very poor in this section and many people's backyards stay filled with water now and the schools are all overcrowded and that she is very much opposed to this rezoning. Hrs. Anita D. Wilson, 3124 Kirkland Drive, N. W., appeared before the Planning Commission and stated that the residents of this area beught homes in a single-family residential area and that they want to continue to have this zoning designation. She further stated that if these apartments are allowed in this section, it 46- wi1! change the chazacteg of the ne!ghbozbood***. Sh~i~b~ that ~e ~afflc Is so ~n~est~ n~ ~ 1~ ~ ~re ~affl?i~.~ded, . ~e ~esid~ viii no~ ~ ~le to reach.Hers~g~ad at ~11. She f~er noted ~t as f~ as ~venue ~s conce~ .~e ~uld ~nefl2 much ~re ff~ a 81n~le-f~ly h~ers area ~. ~n noted ~at ~e~e ~ere nineheen p~o~:~ers ~e Pl~g ~o~ssion ~et~n~ ~ah ~ere op~se~ to'~ls rezonin~. S~ discuss~on by ~e Pl~g C~ssfon ~e~a~s c~tered on ~e ~affic ~d cir~latlon syst~ associated~ ~e I~ was agreed ~at ~e Pl~ng D~ector ~e2 wl~ ~* Hale to review ~ls situation ~d its ~tential ~act on ~e s~o~ding neig~rh~. - - At ~e Au~st 1, 1973, meetin~ ~e Pl~[ng.Dlrector~ddressed h~elf to ~ls petit~on. He noted that he ha~ ~2 ~i~ ~g~neer ~d ~e Traffic ~ineer ~d ~ey ~e~e all'. ~' accord that ~e ~a[f~c s~st~ as delineated b~ ~. ~le, ~as a one ~d ~uld not have ~ appreci~le ~ack on ~ls nei~h~. S~e discuss~on centered on ~e furze s2reet 8~st~ in ~ls area ~e pro~sed develo~en2. The Pl~lng Director ~en not~ s~ ~lnts 'indicating des~r~lity of ~is t~e o~ ~evelo~t for ~s ar~a= one ~e few r~lning large ~acts of ~ all~lng for innovative plying ~ develo~ts~ ~ere exists a great n~e~ for ~erate ~co~ housing in ~e nor~west~ the plus as pro~se~ places no excessive burden on ~e exist~g sch~l syst~ or o~er p~ltc fac~lities~ ~e ~tential of indust~ locating in ~ls area a~]acent to Interstate 58~ ~ ~e conse~ent nee~ for sup~rt housing~ an~ finally, ~e ch~ging character of Hers~erger Roa~ wi~ co~ercial ~ apar~nt develo~ents locating a~jacent ~ nearby to ~e pro- ~sed a~r~t develo~ent. ~. Hale appeare~ before the Plying Co~ssion ~ state~ ~ere was a great d~n~ for housing in ~ls area an~ ~at he has ha~ ~ny re~ests for housing. He f~er state~ ~at if it was econ~ca~ly feasible to develop ~ls ~6 acres for single-f~ly h~es, 80 to 100 single-f~ly ho~s could be built ~n ~s area an~ ~u~ caus~ just as ~y ~. Harris, attorney for the petitioner, state~ ~at at ~e last meeting, it ha~ been stat~ ~at ~ese apar~ents woul~ be l~- ~come but ~at ~is was not ~e,~at ~ey will be F~ 221-B-4, which are m~erate ~d ~le ~nc~e housing. ~. E~est C. Wilson, 3124 Kirkl~8 Drive, N. W., ap~are~ before ~e Plying C~ss~on ~ presente~ ~ wi~ a petition containing ~e n~es of 73 ~rsons living a~jac~t to ~s 16 acres who are op~se~ to ~is rezon~ng ~ also presente~ a ~p ~e~ineating location of ~ese ~rsons~ h~s relativ~ to ~s 16 acres. He state~ ~at he ~id not feel ~at ~ entire c~ity should be sacrifice~ for revenue ~ ~at wi~ ~e discussion of property being rezone~ for in~ustrlal uses in ~e furze near ~e ~cke C~p~y shoul~ not be considered as ~e people living in. ~ea are conce~e~ wi~ ~e situation at present ~ not 15 20 years in ~e furze. He note8 ~at as for ~e pro~se~ new s~ee~ ~ ch~ges to ~e o1~ streets, ~ere was no ~ar~tee ~at ~y of ~s will be done, ~ ~at ~e only ~ng woul~ ~ ~e ~ of ~. Hale. He fur~er note8 ~at a~l of ~e residents of ~s co~ty are conc~e~ w~ what will happen to c~ity n~, not in ~e far ~is~t fut~e, ~at ~ apar~ent co,lex will be c~tere~ right in ~e ~d~le of all single-f~ly ~s.' ~ E. Price, 30~2 Fe~cliff Avenue, N. W., appeare~ ~fore ~e Plying C~{~slon an~ state~ ~at ~eop~sition sh~ on ~is rezoning petition was not social rejection but objection ~ ~e traffic probl~ ~at are ~ere n~ ~ ~at w~ be greatly ~crease~ ~f ~ese apar~ents are a~l~e~ to built. She f~er state~ ~at traffic is already backe~ up fr~ H~s~erger Roa~ to Cove ~a~ ~at sch~l children are loaS~g ~ ~loa~ing const~tly on ~ese roaSs ~ c~t get across ~e s~eets n~. She note~ ~at a traffic co~t.was re~este~ by ~e Traffic ~g~neer~ng Deponent an~ ~at ~ere are approx~tely 4,000 cars per day using ~ese streets. She f~er note~ ~at when a traffic co~t was done in 1968, ~e co~t was 3~638 ~ n~ ~e co~t is 3~91~ c~s per day, which is ~ increase of 10% over ~e o[~ figures. She also noted that one small, girl has been fatally injured by a ca~ vhlle ap~ are placed on ~la p~y. S~ a~d:~t streets vl~ ~iu ~ch ~afflc should ~ at least 60 f~t' streets ud ~at all of ~ese ~e 30 ~d 40 foot streets. ~. W. E. ~nte~ 1615 Covel~d Drlve~ ~. ~.~' speared ~fore ~e Pl~ing C~aslon ~d stat~ ~ah ~e slt~tlon la terrible ~e~e n~ ~d ~at ~i~ ~:add~on of 100 ~e a~t ~lts, ~ls viii increase ~e. ~flc so ~ch ~at Ih viii ~ ~ssible to 9et out of ~e ~lve~ays of ~e h~s. He f~e~ stated ~a2 ~ls ap~nt c~lex ~uld greatly devalue ~e h~ers probity ~d ~e It i~ssible to sell ~el~ h~s to o~ers ~cause no one ~111 bu~ adjacent to ~ apa~ent c~lex, He noted ~at ~is develo~ent ~uld ~letely change ~e ~let nat~e oi ~e nelg~h~, ~uld tn ~ts area. He ~ur~er no~ed ~a2 develop~nt of ~ls area ~i~ sinqle-f~ly h~es ~uld bring In as much if not ~re tax The residers of ~e area generally stated ~at ~ey have s~n~ to ~ proud of ~d they ~rk hard to pay for h~es and ~ey d~d not want gove~ent s~sid[z~ housing locat~ ~n ~e~r ne~g~rh~ to devalue ~e~r homes that ~ey have ~rked for and are proud o[. It was noted ~at 39 persons affected by ~is rezon[ng appeared at ~e Pl~ln~ C~ss[on meet~n~ In o~s~t~on to ~s rezon~ng. S~e Plying C~ss[on m~ers felt ~at ~is rezon~ng would not be ~ keeping w[~ ~e general character o[ ~e ne~g~urh~ while O~ers felt ~at ~s rezon~ng ~uld ~o no h~ to the ne[g~rh~. ~t~on wa2 ~de ~at ~[s re~est be approved. There was a ~e of two ~2} ayes an~ t~ (2~ nayes~ ~erefore, ~e reco~enda- t~on of ~e Pl~ing C~ss[on is ~at ~[s request b~ denied. S~cerely, S/ Hen~ B. Boynton by ~ Hen~ B. Boynton ~. Trout ~ved ~at action on the ~tter ~ d~ferred ~t~l ~e next re~lar meeting of Cocci1 on Monday, Au~st 13, 1973, pending notification from ~e atto~ey as to ~he~er or not his u[[ents desire a p~l[c hearing on ~e ~tter. ~e ~t[on failed for lack of a second. It appearing ~at ~ere was a 2 - 2 vote by ~e C~ty PlYing Co~ss~on m~ers on ~e re~est for rezon[ng, ~. Tho~s ~ved ~a~ ~e re~rt be refe~e~ ba~ to ~e C~ty Pl~[ng C~ss~on for reconsideration ~d re~rt to Co~c[1. The motion was seconded by Dr. Taylor and adopted by the foll~[ng A~S: Messrs. L~sk, Taylor, Tho~s, T~ut ~d ~yor Webber ........ ~YS: Messrs. Garl~d ~d H~ard .................................. 2. In ~s co~ect~on, ~. C[i[ton A. Woo~ ~, Attorney, repres~ntlng resid~ts ~n ~e area who are o~sed to ~e rezon[ng, ap~ared before Co~=[1 and ~dv~sed ~at h~s c[[~ts have already ~de ~o appear~ces before ~e City P~a~ng ~ss[on, ~d ~at to refer ~[s ~tter back to ~e Plying Co~ss~on again w~ll ~rk ~due hardships u~n hi~ cliffs s~nce ~ey will have to make f~er ~ces before ~e C~ty Pla~[ng Co--ss[on. FLOODS-HUP~ICANES~ The City planning ~_o~sion s-~tted a ~ritten rePOrt transmitting a Resolution recoamendl~g that Co~cil 're'eSt~llsh a ~r~l~ on cons~ctlon vl~h ~e il~plai~ ~eas of ~e City of ~anoke for ~ additional peri~ of ~lrty days. ~. ~s ~ved ~at Co~cil ~nc~ in ~e re~rt o~ ~e City Planing C~ssion ~d offered ~e foll~lng ~solution~ (~21068} A ~O~TION prohibiting ~e issu~ce of building pe~ts for all cons~ction ~ ~ose areas of ~e city defined as lying wl~ln ~e inte~diate regional fl~ plain as sh~ on ~e several ~ps and studies of Flood Plain Info~tion ~de by ~e U. S. ~ Co~s of ~gineers, except su~ const~ctlon as ~y ~ ordered by the Cocci1. (For full text of Resolution, see Resolution ~k No. 38, Page. 351.) ~. Th~s moved ~e adoption of ~e Resolution. The ~tion was seconded by ~. Lisk ~d adopted by A~= Messrs. Garl~d, H~ard~ Lisk~ Taylor, Th~s~ Trout and ~yor Webber .......................................................................... ~. ~YS: None ........................................................... 0. ~PORTS OF CI~ T~U~R= The City ~ager s~tted a written re~rt for the Audit Co--tree in co~ection wi~ ~e cash registers in ~e Office of ~e City Treas~er, re~esting ~at ~e a~nlstration dete~ne what action is necessa~ to adapt ~e cash registers in ~e Office of ~e City Treasurer so ~at ~e info~tlon obtained from each tr~saction wlll be recorded directly to ico~uter tapes. ~. H~ard ~ved that the a~nistration be requested to dete~ne what ~ctlon is necessa~ to adapt ~e cash registers in ~e Office of ~e City ~eas~er so that ~e info~tion obtained from each transaction will be recorded directly to ~e co~uter tapes. The motion was seconded by ~. ~s ~d ~ously adopted. ~ORTI Co~cll having referred to a co. tree for t~ulation, re~rt md rec~datlon ~e bids received for o~ration of ~e aviation fuel ~e~ice ~usiness ~d certain related semites at ~oke M~icipal (Wo~) ~rt, ~e co.tree s~tted ~e followlng re~rt: 'August 6, 1973 Honor~le ~yor ~d City Co~=~1 ~oke, Virginia ~tl~en: ~ter due ~d proper advertis~t, bids were received opted before City Co~cil on ~nday, July provision of non~clusive aviation fuel se~ice business certain o~er related se~ices at W~ Ai~rt. ~ee hi~ were received wi~ ~e bid of Air Transport ~sociates, Inc., of W~ Ai~rt berg ~e hi~hest bid. Your co~tttee ~n reviewing t~e bids submitted took into consideration the fact that at an early date the City will be advertising for a fixed base opera,or and fuel handler at the Huniclpal' Airport. For this reason your committee, after discussion with the Airport Advisory ~__~m~_~lesion, decided to ask '~.e high bidder, Air Transport Asso~lates~ Inc., if they would consider a shorter term contract, more specifically a two-year contract to provide aviation fuel service and certain other related services to the Airport. The City has received a letter from Hr. Charles D. Waring, President of Air Transport Associates, Inc., informing the City Manager that Air Transport Associates is willing to accept a two-year contract with a continuing one-year renewal clause at their bid rate of 5.1 cents per gallon of fuel sold and the gross sales of other non-exempt services and products. As your committee feels that the contract should be limited to a two-year contract and as Mr. Waringes letter went on to say that if these arrangements were not satisfactory with the City other mutually acceptable terms could be established, Hr. Waring was contacted and asked if they would accept a straight two-year con- tract. He indicated on wednesday, August l, 1973, that they would accept a two-year contract. In the committeets recommending the acceptance of the bid of Air Transport Associates, Inc., to provide fuel and other services at Woodrum Airport, it would be recommended that City Council refer to the City Attorney the matter of reviewing existing bidding criteria with respect to the following items= A. Assure that adequate property damage insurance is carried by the concessionaire and that supplemental coverage provided by the supplying oil company which furnishes the refueling tr~cks; B. Assure that the City retain sufficient control of the retail fuel prices to be charged at Woodrum Airport to provide public protection at all times while not damaging the economic structure .of the fuel concessionaire~ and C, Alter Title 8, Chapter 5, Section 19, of the City code to assure the same co~ission to the City as established by bidding or by City Council and not discriminate among the various retail fuel handlers at Woodrum Airport as to prices or rates. Respectfully submitted, $/ Byron E. Hailer S/ David K. Lisk Byron B. Haner, Chairman David K. Lisk S/ James O. Trout S/ Marshall L. Harris James O. Trout ~larsha11 L. Harris' Hr. Trout moved that Council concur in the report of the COmmittee and further moved that the following Ordinance amending slid reordaining Sec. 19, Sale Of gasollne and oil, of Chapter 5, Airport, of Title VIII, Public Buildings and Property, Of The Code Of the City of Roanoke, 1956, as amended, be placed upon its first reading: (~21069) AR ORDINANCE to amend and reordain Sec. 19, Sale of gasoline and oil, Of Chapter 5, Airport, of Title VIII. Public Buildings and Property, of the Code of the City of Roanoke, 1956, as amended. HE IT ORDAINED by the Councll of the City of Roanoke that Sec. 19. .Sale of ~asoline and oil, of Chapter 5, Air,oct, of Title VIII, Public Huildings slid Property, Of the Co~e of the City of Ro~oke, 1956, es amended, be, and said section is hereby amended and reordained so as to read and pro- vide as follows: Seo. 19.' Sale o£ qasollne ~ o11.. . safety rules a~d ~egulatlons~ ~ay *obt:ain ~ 11~ ~g such ~rato~ ~ sell avla~/~'~uel~d o~1 Vl~n ~e ~ea leased ~ s~ch o~r~t'f~ ~e :city. .~e license got su~ privilege shall ~ $0.051 fo~ each' gall0~ of qaso- l~e or oil or each gallon of t~b~ fuel delivered ~y aircraft except air carrie~ a~rcraf2 on sch~ule se~lce ~hich are covered b~ seagate c~act ~1~ ~e c~ty. addition, such lic~see shall collect applic~le l~dln~.feea fr~ a~rc~afb so se~lced b~ su~ llo~see ~a ~2 ~e s~ to ~e c[t~ ~i~oub ch~9e. Such lic~se ~ l~dlng fees shall be pay~le on or ~Eoge ~e t~ ~ o~ each ~n~ covering sales ~de* ~d landing fees ~llect~ d~tng ~e previous ~n~ ~d acc~ate ge~rds, appgov~le b~ ~e C12~ Auditor, shall be shying all such deliveries ~d l~d[n~s and shall be o~, ab all geason~le b~es, for tns~ctlon or b~ ~e c~ty. ~e ~2lon ~as seconded b~ ~. Lisk ~d adopted b~ ~e roll.lng vote: AYe: Hessrs. Garl~d~ H~ard, L1sk, Ta~lor, ~o~s, Trou~ and ~or ~eb~r ................................. ~YS~ N°ne~--~ ....................0. ~, Trou2 f~er ~v~d ~ab ~e foll~ing Ogd[n~ce accep2~ng ~e pro~sal of Air Tr~s~rt Ass~iates, W~ Field, be placed u~n its first reading: (S210~0} ~ O~IN~CE accepting ~e pro.sa1 of Air Tr~s~rt ~soc~ates, W~ F~eld. for o~rst~ng ~er a lease fr~ ~e C~ty of u~ a non-exclusive bas~s, ~e aviation fuel se~[ce business ~d certain relat~ seduces at ~anoke M~[c~pal (W~) A~rt, u~n certain te~ con~tions~ au~orlzin~ ~e proper city officials to execute a requisite ~ntract~ ~d rejecting all o~er bids. ~, at ~e meeting o~ ~e Cocci[ hel~ on July 23, 19~, ~d after ~ue ~d proof p~ic advert[s~ent ~de ~erefor, ~ree (3) sealed ~r 9ro~sals for operating ~der a lease ~rom ~e C~ty of Roanoke~ u~n a non-' ~xc[us[ve basis, ~e aviation fuel se~[ce business ~d certain related seduces ~t ~e City*s M~c[pal A[r~rt~ were received, Opened ~d read before ~e :O~c[1, whereu~n all sa~d bids were referred to a co--tree co~osed of ~e ~ity ~ager, ~a[~, Coachmen J~es O. Trout ~d David K. L[sk, ~d ~e :[ty A~rt ~ager. for the p~se of ~ulat[ng ~d studying said b~ds mk~ng reco~ation ~ereon to ~e Co~c[l~ ~d ~, ~e aforesaid co. tree has t~u[ated and stud~ed all aid bids ~d re~rted In ~t[ng to ~e Co~c~l at ~ meeting held on August , ~973, ~at ~e bid or pro.sa[ of Air Tr~s~rt ~soc[ate2, W~ as be~ dete~ned to constitute ~e best b~d s~tte~ to ~e c~tY ~ursu~t o ~ts advertised ~nv~tat[on, ~at sa~d bid ~ets ~e City's specifications 0r Bids red,red of all bidders ~d should be accepted~ ~d ~at ~e o~er wo bids shou~, accor~/ng[y~ ~ re~ected~ ~d ~, u~n ~e Co~c~l~s receipt of ~e aforesaid c~ttee re~rt, :presen~t[ves of all bidders ~d all o~er interested part~es were a~forded an oppOrtUnity to be heard further on the matter before the CoUncil, where- upon, and at the conclusion of which further hearing, the CoUncil is of opinion to concur with the repOrt of the aforesaid comnitteeo ~tEI~FOP~ BE IT ORDAINED by the Council of the City of Roanoke as i. That the ~r~ltten proposal of Air Transport Associates, Woodrum Field, made to the City for operating under a lease from the City of Roanoke. upon a non-exclusive basis, the aviation fuel service business and certain related services at Roanoke Municipal (Woodrum) Airport Until August 31, 1975, which said propOsal guarantees the following in payments to the City. namely: a~ount per gallon for aviation gasoline - {2} az~o~nt per gallon for aviation turbine fuel - and 10% of gross monthly receipts for other sales involving products and labor such as oil, methanol, glycol, fuel additives, oxygen, food catering for over six aircraft occupants a/~d collection of applicable landing fees; which said propOsal is on file in the office of the City Clerk be, and said proposal is hereby ACCEPTED. 2. That the City Manager and the City Clerk be, and they are hereby authorized and directed, for and on behalf of the City, to execute and to seal and attest, respectively, a requisite contract with the aforesaid successful bidder, the texlns of which, including the aforesaid payment provisions, and provisions requiring adequate insurance coverage to be supplied by said bidder and by its fuel supplier or suppliers, shall he approved hy the City ~anager, and the form of which shall he approved by the City Attorney, the term of said con- tract to end at midnight August 31, 1975. BE IT FURTHER ORDAINED that the two other proposals made to the city response to its aforesaid invitation to bid be, a~d said other proposals hereby P~EJECTED, the City Clerk to so notify each said other bidder and to express to each the City's appreciation for said bids. The ~tion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ..................... '- ................ 7. NAYS= None .......................0. Mr. Lisk further ~ved that the matter of assuring that adequate property damage insurance is carried by the concessionaire and that supplemental coverage is provide4 by the supplying oil c~any which furnishes the refueling trucks and that the City of Roanoke be assured that said city will retain sufficient control of the retail fuel prices to be charged at Roanoke Municipal (Woodrum) to provide public protection at all ti~es w~lle not damaging the econo~ic structure o£ the fuel concessionaire be ge£errea to the Clt~ Han~ger fog con-: side;etlon and lmple~entation. The motion ~as seconde4 by P,~. ?~out an4 ~usly adopted. ~XNXS~ BUSIES s NO~. ~NSID~T~ON OF C~: I~ODU~lON ~ ~ONSIDE~TION OF O~I~S ~ ~SO~IONS~ ~P~ING-T~F~C~ Ord[n~ce NO. 21044, au~or~zing a project to ~v~e~ a~lre, const~c2 ~ e~p off-street parking facilities for ~e C~ty of ~oke ~d to au~or~ze ~e ~ssu~ce and sale of general obligation ~nds o[ the C~ty o[ ~anoke ~n ~ aggregate principal ~t not to exceed Five M~llion ~llars ($5,000,000.00) p~su~t to ~e P~l~c Finance Act of V~rgin~a, to provide f~ds to pay ~e Costs of such project, hav~ng previously be~ before Co~cil for its f~rst reading, read ~d laid over, was again before ~e ~y, ~. Trout offering the roll.lng for its second reading ~d f~nal adoption: (%21044) ~ O~I~CE to au~orize a project to provide, a~u[re, ~nst~ct ~d equip off-street parking facilities for ~e C~ty o~ Roanoke ~d to authorize ~e ~ssu~ce ~d sale of general obligation ~nds of the City of ~anoke ~n ~ aggregate principal ~t not to exceed Five Million ~llars ($5,000,000.00) pursuit to ~e P~l~c F[n~ce Act of Virgin[a~ to provide f~ds to pay ~e costs of such project. (For full text of Ord~n~ce, see Ordinate B~k No. 38, Page 326.) ~. Trout ~ved ~e adoption o~ the Ord[n~ce. ~e ~t~on was seconded by ~. Tho~s ~d adopted by ~ roll.lng vote: A~S: Mess=s. Garl~d, H~ard, L~sk, Taylor, Tho~s~ Trout and ~yor Webber ................................... 7. NAYS: None ....................0. T~[~S= Ord[n~ce No. 2~045 ~end[ng ~d reorda~n[ng Section 18 of Chapter 1, T~tle X~X, of The C~e of ~e C~ty of ~oke, 1956, as ~ended, est~l~sh~ng a schedule of rates to be charged ~d collected for ~e tr~s~rta- t[on of passengers w[~n ~e city by certain p~l~c vehicles, having previously be~ before Co~c~l for ~ts first read.g, read ~d laid over~ was again before ~e b~y, ~. Trout offering ~e fo[[~ing for its second reading ~d f~nal adoption: ($21045) ~ 0~I~ to ~end ~d reorda~ Section 18 of Chapter 1, Title XIX, o[ ~e C~e of the C~ty of ~oke, 1956, as ~ended, establishing a schedule o~ rates to be charged ~d collected for ~e ~s~rtat~on of ~assengers w~th[n ~e c~ty by cer~n p~l[c vehicles. (For full text of Ord~ce, see Ordinate ~ok No. 38, Page 331.) ~. Trout ~ved ~e adoption of ~e Ord~ce. ~e ~t~on was seconded by ~. Tho~s ~d adopted by ~e fo~l~g vote= AYES~ Hessre. Garland, H~bardt List, Taylor, Thomas, Trout and Mayor W~be~ ................................... ~YS~ ~one ..................... 0. S~ OF PROPER~-~O~ ~O~HOSPIT~ Ordin~ce No. 21054 aukhoriging ~d app~ov~g ~e donation by convey~ce to ~oke Hospital ~socia~ion ~f a certain parcel of l~d containing approxl~tely 1.35 acres, lying to ~e wast of ~ adjacent to Bel~eview Avenue~ S. E.~ and east of H~lton Terrace, for ~e const~ct~on ~ereon of a ~arklng fac~lity, u~n certain e~ress te~s~ pro~sions and cov~ts~ having previously been before ~c[1 for its f~rst reading, read ~d laid over, was again before ~e ~y, ~. Trout o~fer~ng ~e foll~ng for its secon~ r~a~ng ~ f~nal (%210~4) ~ O~ au~or~z~ng and approving ~ donation by con- veyance to ~oke Hospital Association o~ a certain ~arcel o~ lan~ conta~ning approx~tely ~.3~ acres, lying to ~e west of ~ adjacent to Be~lev~w Avenue~ S. E.~ ~ east of H~lton Terrace~ for ~ construction ~ereon of a parking fac~lity, u~n certain express te~ provls~ons an~ coven~ts. (For ~ull text of Ordinance, see O~n~ce ~k No. 38, Pag~ 333.) ~. Trout ~ved ~e adoption o~ the Ord~n~ce. The motion was second~ by Dr. Taylor ~ adopt~ by ~e following vote: AYES: Messrs. Garland~ ~k~ Taylor, Tho~s~ Trout an~ ~yor Webber .................................... 6. C~U~T C~T= Co~ci~ having directed ~e City Atto~ey to ~e proof measure approvin~ certain suppl~ents to ~e salaries of ~e Judges of ~e ~neral D~str~ct Co,ts an~ ~e Juvenile and ~mestlc Relations D~str~ct Co~ts, in ~e 23r~ D~str~ct~ s~]ect to concurr~nc~ ~n ~e pa~ent of such supp~ents by ~e ~oard of Su~e~isors of Ro~oke ~o~ty and ~e Co~cll of ~e C~ty of Sal~, he presente~ s~e~ whereu~n, ~. Trout offered th~ foll~ing Resolution= (%21071) A ~SOL~ION approving certain Suppl~ents to ~e salaries of ~e Judges of ~e ~neral D~strict Courts ~ ~e Juvenile and ~mest~c Relations D[strlct Co,ts, ~n ~e 23rd D~str~ct, s~jec~ to concurrence ~n the pa~ent of such suppl~ents by the ~ar~ o~ Supe~sors of Roanoke Co~ty ~ ~e Cocci1 of ~e C~ty of Sal~. (For full text of Resolution, see Resolution ~ok No. 38, Page 3~2.) ~. Trout move~ ~e a~option of ~e Resolution. The ~t~on was seconded bye. ~s ~d adopte by the following AYES= Messrs. Garl~ H~ard, L~sk~ Taylor, ~s an~ Trout---6. NAYS= ~yor Webber .............................................. B~S= Co~cil having d~recte~ ~e C~ty Attorney to prepare ~e p~per meas~e r~esting ~e State H~ghway Co~ss~oner to acquire certain add~t~ona~ properties ~n ~e~r entirety to be use~ ~artly for r~ghts of way ;54 for' extension of P~°Ject U000-128-106, ~ 201w .for the Jefferson Street ~l.dge over the Nor£olk and ~est~ ~ll~a~ ~ tracks ~d ~oke ~ver to Include ~rov~nts ~ ~e not.vest co.er of ~e intersection of ~efferson S~eet ~d ~se~e Avenue, S.~., ~l~ln ~e co.rate l~ts of ~e cityl ~d agreein~ to rei~se ~e C~n~eal~ o[ Virginia for one h~ed ~r cent off such addi- tional p~rty ac~lsition ~d ~el~ation costs u~n certain te~ ~d condi- tions~ and, ~er agreeing to ~e~sa ~e Co~n~eal~ of Virginia fo~ fifteen per cent of all const~ction costs Incited In such extension of said project, he presented s~l vhereu~n~ ~. T~ut offered ~e roll.lng Resolution ~ (S21072) A ~SOL~ION r~uesting ~e State Highway Co~ssion to ac~lre certain additional pro~rties ~n ~eir entirety to ~ used partly for r~hts of way for extension o~ Pro~ect ~128-~06~ ~ 201~ for ~e Jefferson Street Br~dg~ over ~e Norfolk an~ Weste~ ~ilway C~y tracks an~ ~oke River to include ~prov~ents to ~e northwest corner of the ~ntersection of Jefferson Street ~d Rese~e Avenue, S. W., wi~in ~e cor~rate li~ts o~ the city~ an~ agreeing to re~se ~e C~nweal~ of Virginia for one h~dre~ per cent of such a~$t~ona~ property acquisition and relocation costs u~n certain te~ ~d conditions ~, fur~er agreeing to rei~urse ~e Co~nweal~ of V~rginia for flfte~n ~r cent of all construction costs ~ncurre~ ~n such extension of said project. (For fu~ t~ of Resolution, se~ R~so~ut~on B~k No. 38~ Page ~. Trout ~ved ~e adoption of ~e Resolution. The mtion was seconded by ~. Tho~s ~ ado~te~ by ~e fo~l~ing vote: AYe= Messrs. G~l~d, H~ard, List, Tay~or~ Tho~s, ~out and ~yor Webber ................................................................ NAYS: None .......................................................0. M~ONS ~ M~S~EOUS BUSIES = SCHWa= A co~icat$on fr~ ~s. Sophie C. Ingies, Parents~ SedUces Cha$~, ~oke Valley Association for Children wi~ ~a~ng D~$~il~t~es, s~tt~ng ~e n~e of ~s. Wi11~ Faw to f$11 the vac~cy on ~e ~oke C~ty Sch~l Boar~ created by ~e resignation of .~. Hewn H. Pevler, was before Cocci1. In ~s co~ectlon~ a co~icat$on from ~e Stonewall Jackson P.T.A., ~e Jefferson P.T.A., ~e Be~nt P.T.A., ~e J~ison P.T.A., ~e P.T.A., ~e Sou~east C~vic ~a~e ~ ~e Sou~east Neig~rho~ s~itting ~e n~e of ~s. ~r$~ ~y to f~11 ~e vac~ on ~e Roanoke City School Board create~ by ~e resignation of ~. He~ H. Pevler~ was also before After a dis~ssion as to inte~iewing ~ose persons whose n~es have s~tte~ by various persons ~d org~$zat~o~s to f~ll said vacancy on ~hs Roanoke City School Board, Exe~utive Session, The ~otioa was seconded by H~o Hubard and adopted by the following vote: AYES~ Hessrs. Garland~ Hubard~ Lisk, Taylor~ Thomas~ Trout and Mayor Webber ........................................ 7 · NAYS; None .........................O. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST: Deputy City Clerk Mayor I~.gGU~, WBgT*r NO, August 13~ 1973. The Council ef the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, August 13, 1973w at 2 p.m., the regular meeting hourw with Mayor ROy L. Webber presiding. pRESENT: CounciLmen Robert A. Garland~ William S. Hubard~ David K. Lisk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy ~'. Webber ......................................... ? · ABSENT: None ........................0. OFFICERS pl%ESENT: Mr. Byron E. Haner, City Manager; Mr. Samuel H. McGhee, III, Assistant City Manager; Mr. H. Ben Jones, Jr., Assistant City Attorney; and Mr. A. N. Gihsonw City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Noel C. Taylor, Member of Roanoke City Council. MINUTES: Copy of the minutes of the regular meeting held on Monday, August 6, 1973, having been furnished each member of Council, on motion of Mr. Trout, seconded by Mr. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. Mrs. William B. Poff appeared before Council and presented Mr. Bernard Rousselot, a technical school teacher from Bordeaux, France, who is visiting the United States under the A~erican Host Program. Mayor Webber welcomed Mr. Roueselot to the City Of Roanoke and presented him with a Key to the city. HEAPING OF CITIZENS UPON PUBLIC MATTERS: SEWERS AND STORM DRAINS-SCHOOLS: Pursuant to notice of advertisement for bids on the construction of a sanitary sewer from Interstate Route 581 to the Huff Lane Elementary School, said proposals to be received by the City Clerk until 2 p.m., Monday, August 13, 1973, and to be opened before Council at that hour, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instrl/cted the Deputy City Clerk to proceed with the opening of the bids; whereupon, the Deputy City Clerk opened and reed the following bids: Hudgins and Pace - $ 43,950.50 Aaron J. Conner General Construction, Incorporated 45,773.80 J. p. Turner & Brothers, Incorporated 49,293.50 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 motion was seconded by Mr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Samuel H. McGhee, III, Chairman, charles L. Gutshall and B. B. Thompson as members of the oom~Littee. In this connection, the ~ssistant City Attorney sub~itted the following report of the City Attorney regarding an easement which is needed across certain undeveloped land formerly o~ned by f~r. P. C. ~uff, no~ deceased, ~hich ls presently o~ned by personal representatives of that decedent and of his widow, Krs. Nora V. Huff, also deceased: "August 13, 1973 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Gentlemen ~ Scheduled for receipt today are bids for tho construction of a sanitary sewer trunk line to serve the l~u£f Lane School, east of Interstate 591 In the City. To construct the trunk line from the school property to cormect with an existing truck line in or adjacent tO Interstate 591, it will be necessary to cross undeveloped land formerly owned by ~r. P. C. Null, now deceased, which is presently owned by personal representatives of that decedent and of his widow, Mrs. Nora V. Huff, also deceased. Being approached by representatives of the City relative to the Cityss acquisition of an adequate easement and right-of-way for the new sewer line, which will need to cross said land for a total length of some 1559 feet, the property owners appear willing to grant to the City, without cost other than for reimbursement of crop loss, a perpetual casement for a l§-foot wide right-of-way for the above purpo..se, upon agreement that= (a) Usual reservations be made by the owners for use of the land Within the described right-o£-way, but so as not to damage or interfere with the City's use of same for purposes of the public sewer line; lb) The owners reserve right, under circumstances and at their expense and upon the City's approval, to relocate the sewer line, or portions thereof, or the right-of-way, selfl (c) The Owners would have the right at later tilnes to extensions of or connections to the public sewer main for use of their residue property without payment of any special fees and charges other than those which are from time to time applled to the general public with respect to sewer extensions and con- nections and with respect to transmission and treatment of sewage and wastes~ and (d) If at any later time the o~nerss land be condemned for public use, they shall have the right to recover the full value of such land as may be taken without regard to the existence or value of the easememt to be granted to the Cit~ and w.i~hout payment or reimbursement by r_ne owners to the city wlnn respect thereto. A deed of easement, based upon all of the above, has been prepared and is in circulation among the owners for approval and execution. So that the deed may be accepted by the City and recorded at the earliest time possible, it is reeo~nended that the Cotmcil adopt the ordinance which is transmitted herewith, formally authorizing all Of the foregoing. Respectfully, S/ J. N. Kincanon J. N. Kincanon' Dr. Taylor moved that Council concur in the report of the City Attorney and offered the following emergency Ordinance: (~21073) ~J~ ORDX~RCE autho:J, zJ.ng the a~LnX~Xon oJ a ~e~uaX eas~n~ ~ ~lgh~ o~ va~ for a p~lic sanl~ ~ sever Xlne ~ se~e Huff ~e Sch~l~ u~n certain te~ ~d cond[2~ons~ ~d p~ovldin~ for ~ ~e~en~. (For full rex2 o[ Ord[n~ce, see O~in~ce ~k No. 38, Page Dr. T~ylor moved ~e adop21on of- ~e Ordin~ce. The ~21on ~as seconded b~ ~. Lisk ~d adopted b~ ~e foll~[ng A~S~ Messrs. Garl~d~ H~ard~ Lisk~ Taylor~ Tho~s~ Trout ~d ~yor Webber .................................... ~ · ~YS = None ..................... ~. PETITIONS ~D C~I~TIONS ~ ST~ LIG~S= A c~cat[on from ~e 'Appalach~ P~er Comply tran~tt[ng copy of a list of s~eet l~ghts installed ~d/or r~ved during ~e mon~ of July, 19~3, was before ~. L[sk ~ved ~at ~e co~icat[on ~d list b~ received and f~led. The motion was seconded by Dr. Taylor ~d ~ly adopted. ZONING-ZPECI~ PE~TS: A c~cat~on from ~. W~ll[e A. Cart requesting pe~ss~on to se~ce Citizen ~d ~d[o Units in ~e bas~ent of his home at 1145 Ke~s Avenue, S. W., advising ~at ~e bus,ness will be on a mrt-t~e bas~s between ~e ho~s of 11 a.m., ~d 4 p.m., was before Co~cil. In ~is co~ect~on, a c~icat~on f~m ~. W. G. L[ght~ Assis~t :on[ng A~nistrator, advising ~at ~fore ~e C~ssioner of ~e Revenue issue ~y new bus~ness l[c~e, ~e applic~t ~st have zoning approval from ~e office of ~e Building C~ss[oner, ~at he could not give ~. Cart ~[s approval because ~e pro~rty in question is zoned ~, ~plex Residential ~[str~ct, ~d ~at ~. Carr ~s ap~al~g ~ Co~cil for pe~ss[on to operate ~e ~ve s~ted ~e as a home occupation ~der T~tle 15, Chapter 4.1, Zect~on ~9, S~sect~on 1~, Paragraph H of ~e City C~e, was also before ~e ~y. ~. Garbed ~ved ~at ~e r~uest of ~. Carr be referre~ to ~ty Atto~ey for preparation of ~e proper meas~e gr~t~g sa~d request. The cot[on was seconded by ~. Trout ~d ~ously adopted. ~PORTS OF OFFICE~: PAY P~-CI~ ~YEES-CI~ ~GI~ER: The City ~ager s~tted a ~[tten re~rt reco~d[ng ~e est~l[s~t of ~e position of ~ag~t ~gineer at ~ge 26 in ~e Pay PI~ for ~e p~se of ass~st~g ~e ~ag~ent te~ in u~rad[ng me,ods and ~ng practices ~d to measure ~rk so ~at ~chedul[ng ~d p~duct~on c~ ~ s~st~t~ally ~prove~, ~t~g out ~ventually ~is ~s[t~on will be located w~ ~e ~ag~ent Info~t~on ~e~ces ~p~ent, h~ever, ~t~l ~at deposit ~s fully est~l~shed ~d ~as its o~ budget, ~t ~s rec~ended ~at ~s f~ction t~r~ly ~ ~ss[~ed to ~e City ~ager~s Office. After a discussion of the matter, Hr. Hubard offered the following emergency Ordinance appropriating $10,404o00 to Personal Services under Section J3, 'City Hanager,' of the 1973-74 budget: (~21074) A~ O~DZNANCE to amend and reordaln Section #3, 'City Manager,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 358.) Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Hayor Webber .................................... 7. NAYS: None .....................0. Mr. Lisk then moved that the City Attorney be instructed to prepare the proper measure Incorporating the position of Management Engineer Into the City Pay Plan. The motion was seconded by Hr. Garland and unanimously adopted. WATER DEPARTHENT: The City Ha~ager submitted a written report tn connection with costs involved in keeping the build~ng which houses a Snow Steam Pump In proper maintenance in order to establish At as a historic slt~ end as to whether or not the motor to the steam pump can be electrified, advising that it would cost between $400.00 to $500.00 for c~ty forces to replace the deterioriated wood t~m a~d to point the trim, that an additional $1,200.00 to $2,000.00 will be needed in two Or three years to retool the building, that should the buildlng be opened to the public, without electrification of any of the working parts of the pump, the facility would require repairs to the floor, cleanlng and repainting of the int~rior of the building, the new p~np a~d new lighting at a~ estimated cost of $4,000.00, that it would be difficult and expensive to electrify the complete pum~ due to the severe maintenance proble~ in freeing and maintaining the numerous pistons, noting that the building is not conveniently located so as to promote this pump as a historical site, that there are no toile~ facilities and the parking space is l~m~ted and reco=~end~ng that in mai~talnlng and pres~rving this building, that it not be opened to the pablic at this t~me but that the m~nimal maintenance be continued to prevent deterioriation of the pump and the building. In a discussion of the matter, Mr. Ltsk suggested that the City Manager explore the possibility of getting private support in order to accomplish some of the work as outlined tn hls report. Hr. Garland moved that Counci1 concur tn the recon~endatlon of the City Manager that the building not be opened to the publlc at this time but that the m/n~! maintenance be continued to ~revent deterioration of ~ne pump and the building. The motion was seconded by Hr. Lisk and unanimously adopted. CITY F~4PLOYEES~ The. Cl~ H~nager and the Clt~ Auditor submitted a o:~nt report in connection with the proposed transfer of.the computer activities presently located within the activity of the City Auditor to the new Directorate of Technical Adm~nistration and Plan~lng, advising that An making this proposal the management consultants noted that with the exception of the voter registration information, all other programs currently on line are of financial nature, that the com~uter operation should become a part of the Technical and Adm~nistration planning function-to provide a better opporttulity for fully utilizing its capabilities, that by relocating this activity to the Technical Administration and planning function, It would be hoped to expand its activities to include other accredited applications and to obtain better utilization of the computer as a management tool, that At is recognized by management that the financial utilization of this co~uter must be given ~riorlty use, however, it is felt that through proper schedul- ing there will be more than adequate t~me available for expanded application and reco~nending that the computer operation be transferred to the Hanagement Information Division within the Directorate of Technical Adm~nistration and Planning. Hr. Thomas moved that Couacil concur in the joint reco~nnendation of the City Manager and the City Auditor. The motion was seconded by Hr. Trout and ~nanimous ly adopted. In a discussion, Mr. Lisk expressed the opinion that the city should ~ave semething in writing from the Roanoke City School Board advising that they 'are going to utilize the city's computer system. SIGNS-SPECIAL PERMITS: The City Manager submitted a wrltt~ report Ln connection with a request of the Turner Memorial Baptist church for luthorization to erect two signs within street right of way, advising that )aslcally it is feat that the practice of erecting signs of this nature on )ublic right of way should be discouraged~ however, should Councll desire, by tppropriate Ordinance, to waive that section Of the Code which prohibits same, it · ould be recommended that Council require the Turner Memorial Baptist Church to ~rovlde adequate protection so as to hold the city harmless in case of accident as result of these signs. Mr. Thomas moved that Council concur An the request of the Turner ~norial Baptist Church and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Dr. Taylor ·nd unanimously adopted. SE~ERS AND STORM DRAINS= Conncil having requested that the City ~nager stthmlt a report as to a cost estimate to correct the drainage problem .n the 1600 block of Bluemont Avenue, S. W., the City Manager submit[ed the .! £ollo~J~g report advising hhat the costs would be in the neighborhood of $50,000°00 and that the Department of Public Works is making cvegy effort to provide the necessary preventative maintenance to the existing storm drain in order to keep it functioning properly~ "August 13, 1973 Honorable Hayer and City Council Roanoke, Virginia The matter of the storm drainage problem in this block was referred to the City Hanager for study and ~eport back in action taken by City Council at its regular meeting on July 9, 1973. The City Council, the City Manager's office, and other city departments have been aware of the existence of this problem for some time. In 1957, as best we can determine, the exist- ing 6-inch diameter storm dral~ which serves this area was extended from an existing 8-inch storm drai~t located within the Evergreeo Burial Park. It was kno~a at that title that neither the existing storm drain within the burial park nor the extension of that drain to Bluemont Avenue was really an adequate storm drain but that pending would be eliminated even though the drain could not handle the l~mediate storm drainage requirements of any given stem. The situation was reevaluated as recently as April 1971 and several alternate means Of providing adequate storm drainage capacity to this location were investigated at that time, one of which Would have been constructed through the Evergreen Burial Park and which Would have cost, at that time, approximately $22,000. The other possible location which would not have passed through the burial park would have cost approximately $39,000. Discussions were held at that time with representatives of the burial park to ascertain whether or not they would be receptive to the City constructing a storm drain through their property. The representatives Of the barial park gave the City a negative response. (hi May 1, 1972, there was submitted to City Council a comprehensive report of various capital improvement projects which had not yet been progra~ed or funded. Included in these many projects was the Bluemont Avenue storm drain. This particular project was not funded in the 1972 bend issue nor has it been funded in this fiscal years budget. Todays costs for constructing the li~e which would not go through the burial park property would be in the neighborhood of $50,000. This estimated cost far exceeds the appraised value of the Strickler ~roperty as listed in the City Assessors~ office. The estimated cost of the project is about equal to the appraised values of the total of the three properties which are affected by the pending of stor~ drainage on Blue~ont Avenue. The Publlc Works Department is making every effort to provide the necessary preventive maintenance to the existing storm drain in order to keep it functioning properly. We would agree with the Stmicklers* that this is a situation which needs to be corrected but would point out at the same time that sil~tlar conditions exist elsewhere in the city, particularly in the William~on Area, all Of which problems are still existing due to lack of sufficient funds to provide the necessary storm drainage facilities. Respectfully subi~itted, S/ Byron E. Honer Byron E. Haner City Hanager ' J~. Garland moved that the matter be referred back ~o the City Nanager for consideration du~lng ~e 1974-75 budge~ s~ sessions. ~e ~lon ~as seconded b~ ~. Lisk ~d ~usl~ adopted. S~ ~ S~ D~NS~ The C~ty ~ager s~kted a re~rt red. dog ~at Co~c~l au~r~ze h~ to ~ecute Ch~ge O~er No. 2 ko ~e con~act wl~ ~gl~sh ~nst~ct~on C~y~ In ~e ~t of $11,906.75, to provide for ~e const~ctlon of a railroad siding for ~e dellve~ o~ pickle libor to ~e Sewage Trea~nt P1~t. ~. ~s ~ved ~at Co~cll conc~ in ~e rec~dation of ~e City ~ager and offered ~e following Resolution= (%21075} A ~SOL~ION approving ~e City ~ager~s issu~ce of Ch~ge Order No. 2, In co~ection wl~ the city's contract for ~e const~ctton o~ phosphors r~val facilities at ~e City's Sewage ~ea~nt (For full text of Resolution, see Resolution ~k NO. 38, page 358.) ~. ~o~s ~ved ~e adoption of ~e Resolution. The ~tion was second~ by ~. Trou~ and adopted by ~e following vote= AYES: Messrs. Garl~d, H~ard, Lisk, Taylor, Tho~s, Trout ~d ~yor W~ber ....................................7. ~YS: None .............. 7 ...... 0. ~. Tho~s ~ offered ~e foll~ng ~ergen~ Ord~n~ce appropriating $11,906.75 to Sewage Trea~ent Plant ~sion ~der Section ~550, 'Sewage ~ea~ent Capital ~prov~ents F~d,' o[ ~e 1973-74 budge~, to provide f~ for said ch~ge (%210~6) ~ O~I~CE to ~end ~d reorda~ Section %550, ~Sewage Trea~ent Capital Impro~ents p~d,s of ~e 1973-74 Sewage Trea~nt ~ Appro- priation Ordln~ce, ~d providing for ~ ~ergency. (For full text of O~inance, see Ordin~ce B~k No. 38, Page 359.} ~. Tho~s moved ~e adoption of ~e Ordin~ce. ~e ~tion was seconfled by ~. Trout ~d adopted by ~e follow~g vote= A~S: Messrs. Garl~d, H~ard, ~sk, Taylor, ~s, Trout and ~yor W~ber ....................................7. ~YS: None ..................... 0. F~DS-~S: The City ~ag~r s~tted a ~itt~ re~rt reco~ending ~at Co~cil waive ~e moratori~ on const~ction wi~in ~e fl~- plaln in ord~ to issue a building pe~t for const~ction of Sewage Trea~ent Pl~t. ~. Tho~s moved ~a~ Co~cll conc~ in ~e rec~tion of City ~ager an~ offere~ ~e fo11~9 Resolution= (%21077) A ~OL~ION au~oriz~ng ~d ~irect~g issu~ce to Pizza- igalli ~oration, General Con.actor, or to ~e City of ~oke~ ~er~ of necessa~ b~ilfling pe~ts to all~ for const~ction of certain ~prov~ts at ~e City's Sewage Trea~nt Pl~t, in ~e Inte~diate Regional Flo~plain. (For full t~t of Resolution, see Resolution ~k No. 38, Page 360.) ~. ~o~s ~v~ ~e adoption of ~e ~=olution. ~e ~tion was seconde~ by ~. Trout ~d adopte~ by ~e foll~g vote: AYES~ Messrs, Garland, Nuberd, Llsk, Taylor, Thomas~ Trout and Mayor Webber ..................................... ?. NAYS: None ......- ............... 0. AUDITS: The City A~ditor s~m~t%ed a written report In counection with reconm~nded changes ~n the reporting and format of the city's financial state~e~lts and for. ~mplementation of said proposed changes, advising that e meeting was held on Wednesday, August 8~ 1973, with representatives of the firm of Peat, Marwlck~ Mitchell & Company, for this purpose, that ft 'became apparent at this meeting that the proposed changes were quite involved and will be a very considerable change from the methods and procedures now established and an enormous amount of detail work will have to be accomplished by the office staff Of the City Auditor, reco~nending that every effort be made to effect these recommendations as proposed to the Audit Co. tree and that the City Audito be permitted to retain the firm of Peat, Marwick, Mitchell & Company, on a per diem basis during the present fiscal ~'ear to accomplish the ~nplementation and for any needed consultation and that as the recommendations are ~mplemented, and due to drastic personnel changes, which will be brought about during the pre- sent fiscal year as a result Of approval of the management study, the expert assistance Of the audit firm will be extremely valuable both to the City Auditor end to the Audit Committee. Mr. Trout moved that the report be received, approved and referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Hubard and unanJ~nously adopted. Mr. Httbard pointed OUt that it might be well for the Audit Com~Littee to discuss the recommendation as outlined by the City Auditor. AUDITS-SCHOOLS: A communication from the city Auditor transmitting a report on an ex~mination of the Lucy Addison High School Activities Fund for the school year ended June 30, 1973, nmde by the fiL~u of Kennett and Kennett, Certified public Accountants, under the direction of his office, advising that the report states that it represents fairly the financial condition of the fund at the end of the audit period. Dr. Taylor moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. AUDITS-SCHOOLS: A conunu~ication from the City Auditor transmitting a report on an examination of the William Flemlng High School Activities Fend for the school year ended June 30, 1973, made by the firm of Kennett and Kennett, Certified Public Accountants, ,under the direction of his office, advising that the report states that it represents fairly the financial condition of the fund at the end of the audit period. Mr, Lisk moved ~.at ~he report be received and filed, She motion was seconded by Dr. Taylor and unanimously adopted. · BUSES~ The Transportation Study Con~dttee submitted a writtan report in connection with the request of ~oanoke City L~nes~ Incorporated~ for an increase ~n the subsidy Of their operation from the current $5,000.00 per month to $14,000.00 per month, reco~ending that Council concur ~n the increase ~n the subsidy rate from $5,000.00 to $14,000.00 per month and app~priate an eddit~onal $24,000.00 for said purpose. Hr. Garland moved that C~uncll concur in the recommendation of the committee and offered the following emergency Ordinance approriating $24,000.00 to Fees for Professional and Special Services under Section %96, 'Transperta- t~on,' Of the 1973-74 budget: ($21078) AN ORDINANCE to emend and reorda~n Section ~96, 'Transporta- tion,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance l~ook No. 38, Page 361.) Mr. Garland moved the adoption Of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, 'Taylor, Thomas, Trout and Mayor Webber .................................... 7. NAYS: None .....................0. BUSES: The Transportation Study Committee submitted a written report recommending that Wilbur Sm/th and Associates be authorized to proceed with an in-depth analysis which involves revemping the existing bus route s~stem to effect improvements in service by straightening routes through the el~minatlon of one-way loops, better coverage of the service area and some modest route extensions o Hr. Garland moved that Council concur in the recommendation of the committee. The motion was seconded by Mr. Thomas and unanlmously adopted. Hr. Garland further moved that the matter be referred to the City Attorney for preparation of the proper measure carrying out the recommendation of the committee. The motion was seconded by Mr. Thomas and unanimously adopted. WATER DEPARTMENT: The Water Resources Committee subm/tted the following report regarding the re~iuest of the Boanoke County Board of Supervisors and the Vinton Town Council to join in an engineering study for establishment of a county-wide water'system: ;Respen~e by:City of Roanoke Water R~sources Committee to Request by Roanoke County, Vinton and the Roanoke County Pablic Service Authority. In the ~Comprehenslve Water Plan, July, 1973~ prepared for the Fifth Planning District Commission by Ha~es, Seay, Mattern and Mattern, p~olections ~re ~ade as to water demand in the Roanoke Valley to the year 1995. These projections were ~ade on t~o hypotheses ~hlch gave both a h~gh and a lo~ ~opulation growth rate for the Valley. Using the higher growth assu~tlon, the demand £or additional water in the Valley east of Sale~ will /ncrease by only about 10 mgd by 1990. With the completion of the diversion tunnel to Catawba Creek, the City of Roanoke will have water sources with a safe ~ weather yield of 25 ~d. With a ~dest increase /n the capacity of the treahnent plant at Ca,vine Cove, ~oanoke can easily treat and deliver that full yield in its water system. The current d~and on the ~oanoke water system is 15o5 mgdo Thus, with a 2% increase in the water sources of that system, it can meet the entire projected additional water demands in the eastern portion of the Valley to the year 1990o In view of this fact and the l~beralized policy recently adopted by Roanoke for extending its water lines into areas of Roanoke County contiguous to the City, there appears to be no need in the near future to develop additional sources of water In the Valley. ~hl$ ts not to say that plans should and land, easements, etc., purchased where appropriate as has been done in the past. But it surely seems inappropriate to currently increase the capacity of a water syst~n that has presently a lot surplus capacity. Such action could not be justified to the citizens of the City of Roanoke on either the basis of need or economy. As a matter of fact, in view of this, there appears to be no logical reason for the City of Roanoke to even plan for future sources unless it can be assumed that {l) the City's population will increase by annexation or consolidatlon (current projections call for a loss of population if our boundaries remain stable), (2) per capita water consumption increases within the City, whether by increased usage or an increase of industrial customers or (3} the City increases its service to nonresident customers by reason of continuing to serve water in the Valley as in the past. If the County, Vinton and the Authority decide to currently develop a new water source or sources in the Valley, which we would view as improvident at this time, we wish them well in their endeavor. However, we, for reasons previously stated, would not care to join in such an endeavor. It would now seem that the City of Roanoke should have firm assurances of its future role in this regard if it is eXpected to continue as the regional supplier of water in the Valley and make reasonable efforts to accompllsh same. We are indeed most grateful to each of you for your very kind invitation to join with you in this study. We of course shall be happy to discuss water ~atters with you at any time you so desire. The above reconuaandation of the Committee will be made to Roanoke City Council at its meeting on August 13, 1973. Respect fully submitted, S/ Hampton W. Thomas S/ Willia~ S. Hubard Hampton W. Thomas William S. Hubard S/ Byron E. Haner Byron E. Haner' Mr. Tho~s ~oved that the report be received and filed. The :!motion was seconded by Hr. H~bard a~d tulanimously adopted. PAI~KS AND PLAYGROUNDS: Council having appointed a committee for the purpose of studying measures which may be taken to protect Wiley Drive as iscenic roadway, the cc~mlttee submitted the following report in connection with Ia proposal whereby both the Frallklin'Road and Hain Street entrances onto !Wiley Drive are proposed to be barricaded, thus requiring traffic to enter and exit only at ~efferson S~reet and W~nchester Street~ reco~nding f~at Council ~plement ~is pl~ oa a ~lal basis ~ ~ fr~ ~e date of approval b~ co~cil Honor~le ~or ~d City ~c~l ~oke, V~rginia ~ntl~ On ~nday, April 30, 19~3, City Co~c~l referred to City ~ager a p~sal ~at a ~rt~on of W~ley Dr~ve be closea on S~days ~uring ~e s~er ~n~s. ~ ~n~ay, ~y ~4, ~973, C~ty Co~c~ referr~ to ~is c~tt~e ~e ~tter of a su~ey of Wiley Dr~ve ~aff~c ~ ~e develo~t of reco~enda- t~ons w~ res~ct to ~e future use of Wiley Dr~ve. Th~s re~rt a~dresses itself to ~e measures needed to prese~e ~d e~ance ~e basic character ~d ~ntegr~ty W~ley Drive. Of additional ~r~ce ~s ~e ne~d to bring ~ dr~ve to ~ts full ~tent~al by orienting ~t ~re to ~rk user. W~ley Dr~ve was originally const~cte~ as a scenic ~ute se~e Smi~, Wasena and Sou~ ~anoke Parks. ~er ~e years, h~ever, ~ts f~ct~on has deter~orate~ to a great extent w~ Wiley Drive se~ng as a short-cut an~ a ~rough-street for ~e motorist. To ~nsure opt~ utilization o~ Wiley Drive~ t~ plans were develop~ by ~e Pla~lng ~par~nt~ h~ever~ only one of the t~ pro~sals ~s ~ng presented to C~ty Co~c~l t~ay, as ~e s~cond pro~sa~ ~s deponent u~n ~e accep~ce and success of ~e first plan. This plan ~s or~ted toward vehicular traffic dest~ne~ for ~e parks ~d for ~e Trans~rtat~on Muse~ along Wiley Dr~ve ~ w~ll l~t W~ley Drive f~m se~ing as a vehicular short- cut for Fra~l~n ~a~ ~ ~n Street. In ~s plan, Fr~lin Road an~ ~in Street entrances onto Wiley Drive are pro~se~ to be barricade, ~us re~r~ng traffic to enter exit only at Jefferson S~eet and W~nchester S~eet. Th~s pro- v~des only t~ ~ts of ent~ ana exit on~ W~ley Drive, ~ereby considerably reducing ~e n~r of vehicles utilizing ~s route as a short-cut. For foo~all g~s ~d d~ng per~s of h~gh usage at ~e s~, ~e Fra~l~n ~a~ access would be open. It ~s rec~d~ ~at C~ty Co~cll ~pl~ent ~e trial bas~s, ~s trial ~r~ to ~ f~m ~e date'of Co~c~l~s approval ~rough ~e ~r Day weekend. Th~s test ~r~ dateline ~e validity of ~e pl~, ~ ~ete~e ~e p~l~c~s reaction to ~e ~dea. If it ~s not well accepte~, ~ Co~c~l so desires ~t c~ ~ d~sca~. If tt is w~11 rece~ve~ ~t can ~ continued by Co~c~1 e~er d~ng ~e s~r ~n~s or year aro~d. ~s pl~ w~ll r~re ~at t~ra~ barricades erect~ ~ at Franklin ~a~ ~d Wiley Dr~ve ~ at Street ra~l~a~ c~ss~ng locate~ a~ac~nt to ~e Tr~s~r~t~on Muse~, ~ ~t w~11 be necessa~ to ~st signs on Fra~l~n ~a~ ~ ~n Street to denote the closing of access to W~ley Dr~ve fr~ ~ese streets. W~ City Co~ci~s concurrence, ~s woul~ be ~e~ately. ~spectfully S/ Byron E. Haner S/ J~es O. Trout Byron E. Haner J~s O. T~ut S/ Davi~ K. Lisk S/ J. D. Sink David K. L~sk J.D. S~nk S/ ~ar He~elstein ~ar Me~elste~n' ttro Llskmoved that Council concur in the reco~nendation of the co~nittee and offered the following e~ergency Ordinances (121079) ~q OI~DINA~CE authorizing a te~oora~f closing of the connections of Wiley Drive, S. W., to Franklin Road, S. W., and to W~nona Avenue, S. W.t to vehicular ~raffic~ and providing for an ~ner~ency. (For full text of Ordinance, see Ordinance Book No. 38t Page Hr. Lisk moved the adoption Of the Ordinance. The motion was seconded by Hr. Trout and adopted by the followln~ votes AYE~;s ~ssrs. Garlandt Hubard~ List, Taylor~ Thomasf Trout and Hayer Webber ................................ 7. NAYS= None .......................0. Hr* M. Carl Andrews appeared before Council in support o£ making Wiley Drive a scenlc roadway. UNFINISHED BUSINESS= NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION~ND CONSIDERATION OF ORDIN~NCES A~DHESOLUTIONS= AIRPORT= Ordinance No. 21069 amending and reordaining Section Sale of gasoline and oil, of Chapter 5, Airport, of Title VIII, Public Buildings ~nd Property, Of The Code of the City of Roanoke, 1956, as a~ended, having previously beun before Council for its first reading, read and lald over, was again before the body, Mr. Trout offerlng the following for its second reading and final adoption= [%21069) AN ORDINANCE to a~end and-roordain Sec. 19, Sale of gasoline and oil, of Chapter 5, Airport, of Title VIII. public Buildings and Property, of The Code of the City of Roanoke, 1955, as a~ended. (For full text of Ordinance, see Ordinance Book No. 38, Page 354.) Hr. Trout moved the adoption of tho Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... NAYS= NoneJ ...................0. AIRPORT= Ordinance No. 21070 accepting the proposal of Air Transport Associates, Woodrum Field, for o~erating under a lease from the City of Roanoke, upon a non-exclusive basis, the aviation fuel service business and certain related services at Roanoke Municipal ~Woodr~ Airport, upon certaln ter~L~ and conditions~ authorizing the proper city officials to execute a requisite contract~ and rejecting all other bids, having previously b~en before Council for its first reading, read and laid over, was again before the body, Hr. Trout offering the following for its second reading and final adoption= (~21070} AN ORDINANCE accepting the proposal of Air Transport Associates, Woo~rum Field, for operating under a lease from the City of Roanoke, upOn a non-exclusive basie~ the aviation fuel service business' and certain related se~lces at l~anoke Hunicipal (W~) Al~ u~n ceE~ln ~e~ conditionsj au~o~lz~g ~e p~per city officials ~ ~ecute a r~s~te contract; ~d reJect~g all o~e~ bids. {For full text of Ordin~ce, see Ord~n~ce ~k NO. 38, Page ~. T~U2 ~ved ~e adop21on o~ ~e Or~ce. ~e ~tion was seconded by ~. Llsk ~d adopted by ~e foll~ng vote~ AYe: Hessrs. Garl~d~ H~ard, Llsk~ Taylor~ ~o~s~ ~ou2 and ~ebbe~ ...................................... 7 · NAYS: None .......................0. ~I~ H~t Co~c~ having directed 2he City Atto~ey to prepare ~e proof measure r~estin9 the ~ent of ~elfare and Institutions of ~nweal~ of Vt~lnia ~o approve ~d pa~2icipate w~ ~e c~ty in needed enlarg~en~s and additions to the ~uven~le ~2ention Ho~ facility a2 Co. er Springs~ and, u~n such apparel, directing ~a~ application be ~de on behalf of ~e city to ~e ~w ~forc~ent ~s~s2~ce A~n~stra2~on for a gr~ of federal f~ds to provide for ~e cost of neces~a~ engineering ~d architectural stu~es ~ drawings, h~ ~resente~ s~e~ whereu~, Dr. Taylor offered ~e following Reso~utlon = ~0~0~ A ~OL~ON r~uest~ng ~e ~nt of Welfare and ~nstitutions of ~e Co~nweal~ of V~rg~n~a, to approve an~ participate w~th the c~ty ~n needed ~arg~ts ~d ad~tions-to ~e city's Juvenile ~t~t~on Home facility at Coyn~r S~r~ngs~ an~, u~n such approval, ~rect~ng ~at agpl~ca- t~on be ~e on behal~ of ~e city to the ~w ~forc~nt Ass~st~ce ~n~stra- t~on for a gr~t of federal f~ds to p~vi~e for ~e cost of necessa~ ~glneer- ~ng ~ architectural stu~es ~ ~aw~ngs. (For full t~t of Resolution, see Resolution ~k No. 38, Page 362.} Dr. Taylor ~ve~ ~e a~opt~on of ~ Resolution. The ~t~on secon~e~ by ~. Trout an~ a~o~te~ by ~e following vote: A~S= Messrs. GarliC, ~ar~, L~sk, Taylor, Tho~s, Trout an~ W~ber-= ...................................~. ~YS = Non~ ......................0. RO~O~ V~ ~GION~ ~ SERVI~S P~NG C~CIL, · NCO~O~TED= ~cll having ~irecte~ ~e C~ty' Atto~ey to pre~are ~e p~per measure su~rt~ng ~ offering ~e c~eratio~ of ~e city W~ ~e ~o~oke Valley Reglona~ Heal~ SedUces Plying Co~c~l, Inco~rate~, in a p~ ~ deve~o~t effort to ~eve~o~ ~ ~rove a ~f~e~ ~t~rco~ect~ng ~erg~cy me~ical uo~cat~ons syst~ ~n ~ Ro~oke Valley ~ea~ an~ endorsing sa~ n~g Co~c~*s a~cat~on for a gr~t of f~ds from ~e ~rt Woo~ Jonson Fo~at~on, he pres~te~ s~e~ whereu~n, ~. ~out off~re~ ~e foll~g ~solut~on = (%21081) A RESOI~JTION aupporting and offering the cooperation of the city with the Roanoke Valley Regional Health Services Planning Council, Incorporated, in a plan and development effort to develop and Improve a unified interconnecting emergency medical co~nunications system in the l~anoke Valley areal and endorsing said Planning Council's application for a grant of funds from the Robert Wood Johnson Foundation. (For full text of Resolution, see Resolution Book No. 38, Page 363.) Hr. Trout moved the adoption of the Resolution. The r~otion was seconded by Hr. Thomas and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. NAYS= None ...................0. BUDGET-CITY EHPLOYEES= Hr. Trout Offered the following emergency Ordinance appropriating $300.00 to Personal Services under Section %10, 'City Auditor~' appropriating $580.00 to Personal Services th~der Section %64, 'Maintenance Of City Property,' and appropriating $12,410.00 to Personal Services under Section %71, 'Garage,' of the 1973-74 budget, to provide funds in connection with the realignment of certain city departments as recommended by the ~anage~ent consultants= (%21082) AN ORDINANCE to amend and reordain certain sections of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 364.) Mr. Trout ~oved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. NAYS: None ..........................0. Hr. Tbc~$ than offered the following emergency Ordinance appropriating $1,030.00 to Personal Services under Section %290, 'Water Department - Distribution and Transmission,' of the 1973-74 Water Fund Appropriation Ordinance, to provide funds in connection with the realignment of certain city departments as recc~nne_nded by the management consulter, ts= (%21083) AN ORDINANCE to amend and reordain Section %290, 'Water Department - Distribution & Transmission,' of the 1973-74 Appropriation Ordinance, amd providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 38, Page 365.) Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by }ir. Trout and adopted by the following vote= AYES= Hessrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ........................................ 7. NAYS= None ...........................0. MOTIONS ~ND HXSCEI~J~US BUSINESS~ REGIONAL JAIL~ H~. Hubard presented ~e foll~l~g c~lcat~on ~n co~ection wi~ a c~r~se site as a location for a regional Jail, said site ~g ~e no~erl~ ~tion of p~pe~ty located on 9~ Street, N. E., which was fo~erly ~ed by ~e ~r~c~ Bridge ~y c~sing approx~tely =Au~st 13~ 1973 ~rs of ~oke C~ty Co~c~l Gentl~en, fr~ recur actions t~en by o~ CO~C~I ~t appears ~t a ~jor~ty of o~ ~ersh~p ~s grave contel' ~ut agreeing to locate a regional correct~ons facility ~n ~e K~all ~develop- ~nt ~ea. These rese~at~ons apparently are-based u~n t~ conce~s (1) the high cost of ~ p~chas[ng a 20 pl~ acre tract ~ere and ~e s~st~t~al ~ lo~s after r~val oE ~s l~d f~m o~ tax rolls ~d (2) the cost ~d ~nconven~ence of tr~s~rt~ng prisoners to ~d fr~ court facilities ~at are not ha~ by ~e ~ail. The gove~[ng ~d~es of ~oke Cowry ~d Sal~ also have recently e~ressed serious rese~at[ons ~ut ~e K~all site. Apparently their conce~ st~ from ~e high cost o~ ~e l~d As you recall ~e Ro~oke Valley Corrections ~ard has endorsed ~e K~all site and re~ested all of ~e contracting parties to ~e Ro~oke Valley Corrections C~ter Agre~ent to ad- vise it as to whe~er or not ~at site ~s accept~le as a site for a regional correct~ons facility. The ~d has stated ~at it does not plan to again meet ~t[1 res~nses are received from these parties. As it does not appear ~at res~nses w~ll s~n c~e to ~e ~ard, ~d c~rently ~t appe~s ~at ~ose w~ll be negative when r~ce[ved, it se~ ~at ~ittle c~ ~ gained by all s~tt[ng idly ~y ~f there ~s any ~nterest [n est~sh~g a regional jail ~n ~e Valley. ~erefore, let me offer to you a co~se s~te as a location for a regional ja~l. The s~te I ~ suggesting ~s ~e nor~e~ ~rt~on (less ~e' ~on p~perty fac~g Or.ge Avenue} o~ ~e p~erty on 9~ Street, N. E., w~ch was fo~rly by ~er~c~ Bridge Comply. This ~act of l~d ~as~es app~x~tely 500 feet by 650 feet or ~out ~.5 acres. It ~s only ~out 2 bl~ks fr~ the K~all site, ~s level ~d obviously has much less value ~an ~e K~all l~d. Ad~tionally, ~t has sat ~d[e s~nce ~er~can Bridge closed ~d has no apparent early future p~spect of being ~evelo~d privately. Would ~e const~ct[on of a regional ja~l on ~[s site ~e ~ove objections of ~ese gove~ing ~[es~ I c~ only an~er by saying ~logica[ly [t should. ~ The cost of l~d at ~s site clearly ~s far less costly ~an l~d [n ~e K~all area. Obviously ~e ~d value on 9~ could only be est~l[shed, wi~ ~y close degree of accpac, by ~ appraisal. H~ever, using ~e records [n ~e City ~sessor's office, ~d ~ey are acc~ate ~ough for o~ fo~d~g o~ entire real estate ~ syst~ on ~, would ~nd[cate a value of ~at site of app~x~tely 15,000 ~r acre or a of $~12,500. ~[s co.ares w[~ ~ut $60,000 per acre ~ K~all ~d roughly $350,000 per acre west of ~e Reid ~d ~tshall build- ing. N~ a word ~ut ~e cost of ~spor~t[onl Attached is a letter dated August 2, 19~3, s[~ed by'~ew J. W~ston, Sheriff of ~c~nd, which ~d~cates ~ ~1 cost of ~s~rt~ng prisoners fr~ ~e ~c~ond jail ~ ~ee co~o~es, located one, ~o ~d sev~ ~le~ fr~ ~e ja[1,:~ be $31,138.~. Prora~g ~oke Valley~s cost of mov~g al~ Valley pr[son~s, based on ~c~nd~s costs, we get a f~e of $9~1~1.60. If ~oke~s share ~s 80% (o~ s~re of Valley prisoners) ~ o~ ~s~r~tion cost wou[d ~ ~s[gn~f[c~t ~t when considering only ~e fin~c[al benefit to ~oke in going ~e regional jail route - since we would pay only SOt of the regional Jail, as' opposed ~o 100t of ou~ o~n ~ail, ve ~uld save close ~o 1~ ~ll~on ~ll~s by ~oining a regional ~a~l r~d~ ~o co.cji da~ ~uly 23, 1973). In addition ~e~e a~e ~y b~efl~ ~ ~oke o~er ~ust a s~s~tial f~c~al saving. ~ n~ several~ ~. We ~uld fulf~11 ~e C~ty~s obligation to negotiate to select a s~te rom a regional corrections facility ~der ~e ~oke Valley ~rrect~ons C~nter Agre~t. 2. We ~ul~ ~icate a w~ll~ess to p~te c~rat~on ~ng R~oke Valley governs. 3. We ~uld ass~e that o~ Valley ~uld prov~e a correctio~s p~gr~ for prisoners ra~er ~ ~rhaps prov~aing only ~sto~lal facilities. 4. Wa ~uld place v~tal gove~tal facll~ties in an area where ~ey cou]~ ~ expende~ w~out ~dergo~ng crush- ~ng additional ~sts. 5. Wa ~uld prov~e ]a~ facilities ~at ~uld self-adjusting to ~y ~ss~b~e changes ~n ~daries ~n ~e Valley. A fairly acc~ate project,on c~ be ~a of future ~crease ~n ~ta~ Valley ~pulat~on, ~ ~nsid6 and outside o~ jails. But no one can say w~ any degree of certa~nty~ as ~ whe~er ~ese persons wl~l be c~ty or cowry residents. Th~s becks ~rtant ~f we. build a regional jail as all ~at ~uld be needed as ~e result of change~ ~ar~s ~u~d be a reallocation of ~ntl~en, I ~uld respectfully suggest re~erre~ to ~e C~ty ~agar for'his consideration and co~ents. ~r~er, I suggest ~at ~. H~er be r~este~ to R~c~on~ ja~l to get f~rst hand ~nfo~t~on as to ~e o~ratlon of a ja~l ~at ~s detached from ~e ~ae co~ouses which se~es. If t~is ~s agree~le to Co~c~l, I fur~er sugges~ ~at ~e m~ers o~ Co~c~l, who c~ spare ~e t~e, accompany ~. Haner on h~s visit to th~ Ric~on~ iai1. Sheriff Winston has advised me ~at he would welcome such a v~sit. a t~r~ e~r~n~ plan for ~2ting ~e Wil~y Dr~ve area for ~ use ,?2 in which It was originally Intended, and that the committee 'voted to refer this £eco~endation on to the entire City Council for their[consideration and detex~sination o ~r. Llsk moved that the report be received and filed. ~he motion was seconded by Mr. Thomas and unanimously adopted. SCHOOLS~ ~ayor Webber called to the attention of Councl that there is a vacancy on the Roanoke City SchOol Board created by the re'signation of Mr. Herman H. Pevler for a three year term ending June 30,'1976, and called for nominations to fill the vacancy. Mr. Hubard placed in nomination the name of Mrs. Robert C. Hagan. ~a¥or Webber also called to the attention Of Council that the terms of Messrs. T. T. Moore and C. E. Norris as members of the Roanoke City School Board expired on June 30, 1973, and called for nominations to fill the vacancies. Mr. Garland placed in nomination the name of Mrs. Miriam Dowdy. Mr. Lisk placed in nomination the name of Mr. Lewis M. Nelson, Jr. There being no further nominations, Mrs. Robert C. Hagan, Mrs. Miriam Dowdy and Mr. Lewis M. Nelson, Jr., were elected as members of the Roanoke City School Board for terms of three years each ending June 30, 1976, by the following vote: FOR MRS. HAGAN, ~LP~. DOWDY, MR. NELSON: Messrs. Garland· Hubard, ~.isk, Taylor, Thomas· Trout and Mayor Webber ..............................?. In this connection, a oormu~ication from ~L~ss Elba t. ~yer, ?syehiatrin Soeia! Work Consultant, Roanoke Guidance Center, reoo=~ending that Mrs. Martha Faw be appointed as a member of the Roanoke City School Board to fill the vacancy created by the resignation of Mr. Herman H. Pevler, was before Council. Mr. Thomas moved that the eommunicat/on be received and filed. The motion was seconded by Mr. Garland and ununLmously a~opted. Mr. Garland moved that the City Attorney be instructed to prepare the pro,er measure expressing the appreeiatlon of the Council of the City of Roanoke to Messrs. Herman H. Pevler, T. T. Moore and C.E. Norris for services i rendered by them as members of the Roanoke City School Board. The motion was seconded by Mr. Thomas and unanimously adopted. INTEGRATION~SEG~A~/UN:- There appearing to have been a vacancy on the Communlty Relations Committee, Mayor Webber called to the attention a~ Counc£1 that the Reverend O. Henjam~n Sparks has advised that he is will£ng to serve as a member of said com~tt~e· whereupon, Mr. Thomas moved that Reverend O. ~enjam~n Sparks he reelected as a member of the Community Relations Cobb/tree. The motion was seconded by Mr. Lisk and adopted by the' following vote = FOR P~/E~TD BPA~= Messrs. Garland, Hubard, Lisk, Taylor· Thomas· Trout and Mayor Webber-= .......................... ?. HO~SING-$LUM CLEARANCE: Mayor Webber called to the attention of Counci! that the term of Mr. John F. Newsom, Jr. · as a Commissioner of the City of Eoanoke l~dsvelo~ent and Housing Authority will e~lre on 1973~ ~d called for n~a~lons ~ fill ~ ~nd~n~ ~. ~s placed In n~nation ~ n~ o~ ~. Jo~ F. reelected as a ~ss~oner of ~e City of ~oke Radavelo~ent ~d Housing Au~orlty for a te~ of four years ending Au~st 31. 19~7, by ~e following vote= FOR ~. ~t Messrs. Garl~d~ H~ard, Lisk~ Taylor, Trout ~d ~yor Webber ......................... 7. previously conc~re~ in a c~ication from Co~ci~n Wllli~ S. H~ard ~ co~ection with the ap~ln~ent of a co. tree to study ~ f~ctions, res~nsibllities ~d o~rations of City Cocci1, ~e City Clerk ~ the City Attorney, ~. H~ar~ ~ved ~at a five m~er co~ttee be ap~inted for sa~d p~se. ~e motion was seconded by ~. Tho~s ~a ~usly adopted. ~. H~ard ~en placed in no~natlon ~e n~s of Messrs. Willis H. ~derson, E. Griffi~ ~dson, J~es A. Ford, Nichalas A. Tarn ~d ~bert W. W~dy. There being no fur~er no. nations, Messrs. Willis M. ~derson, E. Griffi~ ~dson, J~es A. Ford, Nicholas F. Ta,,hm~n ~ Robert W. W~y were elected as m~ers of a co~ttee to study ~e f~ctions, res~nsibilities ~ o~rations of City Cocci1, ~e City Clerk ~d ~e City Atto~ey and to ~ke reco~en~ations to Co~cil as to ways and me~s of ~provlng efficiency ~d se~ing the citizens of ~e City of Ro~oke, by ~e roll.lng vote: FOR ~SS~. ~E~ON, ~DSON, FO~, TA~ ~ W~DY: Messrs. Garl~d, H~ard, Lisk, Taylor, Tho~s, Trout ~d ~yor Webber ............. ~. H~ard fur~er ~ved ~at ~e ~yor be re~ested to call a meeting of Co~cil acting as a Co. tree of ~e ~ole wi~ said co--tree an~ ~at ~e City Atto~ey and ~e City Clerk ~ avail~le for assistance to ~e c~ttee. The motion was seconded by ~. L~k ~ ~usly adopted. There being no f~er business, ~yor W~ber declared ~e ~eting aajou~ed. APPROVED A~EST: Deputy C~ty Clerk ~yor Mon~a¥, Aug~'s~: 20, 1973. Thecounct1 of theclty o£ Roanoke met:~n ragu/ar meeting In the Council.Chamber In ~he Hunicipal_Bullding,*Hon~ay; -August. 20, 1973, at 2 p.m. the regular meeting hour,'with Hayor-P~y L~ Webber-presiding. PRESENT: Councilmen Robert-A. Gurland, William S. Hubard, David K. Liak~ Noel C. Taylor and Mayor Roy L* Webber ............................... ABSENT: Councll~nen Hampton W. Thoma~ and Ja~es-O.- Trout ......... 2. OFFICE~S-PR~SENT~ -Mr. Samuel H. McGhee~ XII, Assistant City Ma~ager~ Mr. Janes N. Kincanon, City Attorney; Mr. H. Ben Jones, Jr., Assistant City Attorney; and Mr. A. N. Gibson, City Auditor. INVOCATION: The meeting was Opened with a prayer by the Reverend H. L. Hinnick, Sr., retired. HEAPING OF CITIZENS U~ON PUBLIC'MATTERS~ FRANCHISES-ROANOKE GAS' COHPANY~-"Pursuant to notice of advertisement for bids for a gas franchise in the City of Roanoke, Virginia~ said propo=als to be received by the Mayor at 2 p.m., M~nday, August 20, 1973, and to be opened before Council at that hour, Mayor Webber~asked if anyone had any questions about the advertisement for bids an~ no representative present--raising any question, the Mayor called for bids for sald gas francbise~ whereupon~ re~re- se~tatiYes from the Roanoke Gas Com~any'appeared before Council and presented ithe one bid received. The Mayor then requested that the Deputy City Clerk read the folZowing bid as su~mltted by the Roanoke Gas Company in its entirety; 'August 20, 1973 TO THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Gentlemen: On July 16, 1973, your Honorable Body a~opte~ an Ordinance providing for a franchise to conetr~ct~ maintain, operate an~ keep in repair a gas Works a~d dlstribut~on syste~ In the City of Roanoke, Virginia, including gas lines and all other additiona! appliances and aPpurt~nancss~neeeusary-~nd incldent~! to the usua! .operation and ~intena~ce o~ a~ gas~~orks and distribution syste~, · n, Under, upon, alon~,' OVer and across the publle highways, roads~ streets, alleys, bridges an~-r~ghts-of-way in the City of Roanoke, Virginia, and the sal~ of'said franchise, in accordance with the Constitution and Statutes of-th~ Commonwealth of Virginia ~n such cases provided, and-also including the exact terms of the franchise so to be sold and confirmed. By the Ordinance aforesaid~ it was directed that bids in writing for the franchise therein set out should be delivered to the Mayor of'this City at 2:00 P.M., Mon~ay, August 20, 1973. Purst~a~t to the a~ Or~in~nce Roanoke Gas Company}-a Corporation chartered under, th~laws of Virginia, with corporate- power-to hold and execute--said franchise, and actually engaged:in the oporati~n-and.ma~ntenance.uf_a_~as works and distr~butio~syste~. ~n-the City of Roanoke~-V~rginia, and having installed ~n"the.'streets~-alleys and'o~r~r-public ways of the City of Roanoke;: V~rg~a, ~ore tha/~ one h~red and fifty ~_l]0)~mile. s..of gasms/ns~' doth-hereby submit to this Honorable nvvy ~ne ~oxlewing offer for said franchise: 1. This Corporation will, within fifteen (15) days from the acceptance of .this h~d, execute a bond with good-and sufficient security approved by the City ~anager, payable to the City of Roanoke, Virginia,-in the penal sum of Five Thousand Dollars conditioned upon maintaining the plant as required by the terms of the foregoing ordinance. im~ts 2: This Corporation, if this bid be accepted, agrees to ea~ln~r~easoneb.le and_ne .... ary repair, to and ~xtensions of ~ - =-=~s, ~lne ana appliances so as reasonably a~d safe1 to supply all customers wlth~n sald City with gas. - Y ~o This Coq~raLLon ¥i11, if this bid be accepted~ ~l~hin fifteen (15) da~s ~eof~ :s~r~der'~d do~-her~ u~- ~ condl~ o~ ~ accep~ce o~ 1~ bid ~d ~e due g~t by ~e c~t~ of ~oke, V~g~la~-o[ ~e aforesaid fr~chise to 12, sur~ende~ ~ ~e said C~ty all .~ ~lgh~ ~ p~lvlleges ~der its fr~ise, ~d s~ll: ~eaEt~'o~rate '~de~ ~e. fr~chise herein bid u~n, such s~r~der ~ ~e effect'conk~r~eousl~ ~i~ ~e qr~h ~ ~s ~rat~on of ~e fr~chise so provided for. 4. This ~ra2~on ~11, u~n ~e acceph~ce o~ ~ls bid, re~se ~e Clt~ of ~oke for ~e cos2 of ~e adverhisin~ of ~e aforesaid Ord~ce soliciting bids for ~i~ fr~chise. This Co~ration~ ~ considerati~n of ~e'accep~ce of bid ~d ~e gr~t tO ~t of ~e-sa~d twenty year fr~ch~se' (effective Sept~er'l&- ~9~3~ a~es ~ pay ~ ~e City o~ ~uke~ Vlrgin~a, on or before'~'l of each y~ar during ~e te~ of sa~d fr~ch~se, beg~nning ~rch 1, ~974~ ~ aggregate a~l ~ent'dete~ned by ~e m~les o~ d~str~but~on ~lns of ~e Co~ration in se~lce as at ~e end of ~e preceding calen~r year, based u~n ~e roll.lng $ 30.00 a~lly per ~le for ~ns of 2' ~d ~der (inside d~eter) $ 50.00 a~lly per ~le for ~ins of 3' (inside $ ~5.00 a~ually per ~le for ~ns o~ 4' (~ns~de $~30.00 a~ually ~r mile for ~s of 6~ (~ns~de d~ter) $300.00 ~ual~y per mile for ~ns of 8' ~d over (inside The te~ ~ns~ u~n which ~e foregoing rates-will ~ co~ute~ ~n or,er to data.ne ~e a~ual pa~t by ~ Co.ration to ~e C~ty of ~oke ~s h~reby ~d~rstood ~ ~ d~str~bution ~ins ~n se~ce ~ ~e s~eets, alleys and p~lic ~ys w~n ~e ~r~rate l~ts of ~e City of ~oke, V~rg~n~a, excluding se~ce l~es, as such te~ are g~erally ~erst~ and in utility accosting by ~e ~ndust~. The first paint here~der (due on or ~fore ~rch 1, 1974) ~d ~e last pa~t here~der (due on or before ~rch 1~ 1994) are to be prorate~ ~ will ~t to one-~ and respectively, of ~e ~ts o~e~s8 d8te~ned ~erefor by ~e application of ~e foregoing fo~ula or rates. ~o~, ~e ~ders~gn~, ~oke Gas Co~y~ respectfully prays that by Or~n~ce in due fo~-~is b~ be accepte~ and fr~ch~se be declared to be ~e p~perty of ~e ~ders~gned u~n ~e execution of ~e ~nd as ~n ~e Ordinance of July 16, provide~. By S~ A. W. Buckle~ ~. L~sk moved ~at ~e b~d be refe~d to Co~c~ acting as a C~ttee of ~e ~ole for study~ report ~ raco~endat~on. The motion was seconded ~ Dr. Taylor ~ ~usly'adoptad~ ~yor Webber ~ declare~'a b~e~ ~cass-in order for Co~c~l to consider ~e b~d as s~hm{tte~ by ~e Ro~oke Gas C~y as a Co~tt~e of After a brief recess ~yor W~bber again called ~e meeting to ~. Lisk move~ ~at ~e follow~g O~in~ce, wi~ ~e pro~r bid ~fo~tion ~nserted, be placed u~n ~ f~rst reading= (J21084) Ali ORDINANCE. granting to ROANOKE GAS CC~PANY .the right for a term o£ tventy (20) yeareand upon the conditions herein etated~ to use the public streets, alleya, bridges and other public ways of the' City to conatruct; operate and maintain:and- extend, a gas distribution a~stem and to construct, install and maintain'under~ound gas lines, pipes, mete:s and all other additional appliances-and' appu~L~,dnces necessary and incidental to the usual operation and maintenance of a' gas works and gas distribution system in and along said public streets,"alleys~ bridges and other public ways in the City of Roanoke, Virginia~-establishing cunditi~ns =untrollin~ the exercise of said /ranchise and the sale and'distribution o£ gas services! and regulating the manner o£ using said streets, alleys, bridges and public ways. WHEItEAS, a proposed ordinance entitled 'AN ORDIHA~CE 9ranting to Roanoke Gas Company the right', for a term of twenty (20) years and upon the conditions herein stated, to use-the public streets, alleys, bridges and other public ways of the City to construct, operate end maintain and extend, a gas distribution system and to construct install and maintain underground gas lines, pipes, meters and all other additional appliances and appurtenances necessary and incidental to the usna1 operation and maintenance o[ a gas works and gas distribution system in and along said public streets, alleys, bridges and other public ways in the City of Roanoke, Virginia~ establishing conditions controlling the exercise of said franchise end the sale and distribution o£ gas services~ and regulating the manner of using said streets, alleys, bridges ~nd public ways.' was ordered on July 16, 1973, by the Council of the Clty of Roanoke to be advertised, after its terms had been duly approved by the Hayer of said City a~d by its City Council~ and WHEREAS, the terms of said ordinance'were published once a week for four successive weeks in The Roenoke World-News, a newspaper published in the City of Roanoke end having general circulation in said City of Roanoke, which said advertisement invited bids for the franchise proposed to be granted in said ord~nence, said bids. to-be in writing and delivered upon the day and hour named in. said advertisement to the presiding officer Of the Council. in open session~ and WHEREAS, at the session:of said Co~incil to receive said bids, the presldlng officer caused to be read aloud-the only bid received, being the bid of ~anoke Gas Co.any, in writing in the following words and figures, and acco~panied by-a:c~-t~i~d.ch~ck of'said bidder-in the sum of $250.00, as required in said advertisement:~-- ~Au~ust 20, 19~3 TO THE COUNCIL OF T~E CITY OF ROANOKE, VIRGINIA'. Gentlemen: On ~uly 16, 1973, yottr Honorable Body adopted an ~dinance pro- viding for a franchise to construct, maintain, operate and keep in repaLr a~ gas ~rks and diet~ibu~Lo~:eysten in ~ ~ty gE ~oke, n~ce o~ a gas ~ks ~d d~s~u~:mym2~F'~n~ ~der~-'~n~ alon~ over ~d ac~s8 ~e p~l~c high. ayah: roa~-s~ree~ alleys~ bridges ~d r~gh~oo~-way ~ ~e C~ty of.~., Vl~iat ~d ~ sale of Said fr~chlse ~ accor~ce wl~.:~:~nsti~U~on ~d ~tu~s of C~nweal~ of Virginia ~ s~h:~ses-p~vlded, ~d also tnclud~g ~e e~c2 te~ of ~e fr~se so:~'be sold ~d ~nfl~d. By ~e O~ce-aforesatd,-~t was'~c~'~t'bids-in ~lting for ~e frmchise ~ereln se~ ou~ shoed ~.del~ve~d to ~e ~yor of a~ 2~00 P.N., ~n~y, AU~ 20, 1973. P~su~ ~o ~e ~ve Ordin~ce ~e ~dersl~ed~ ~oke Gas C~y, a ~ra21on-ch~tered-~der ~e laws of Virginia, wl~ ~ra~'~er to-hold ~d' exe~e- said fr~chlse dlstr~utioa syst~ In ~e City of-~okeFVIwln~-,-~d ha~g lnstall~ ~ ~e st~e~s,' alleys ~d o~er ~lic~-of'~e'Clty of Ro~oke, V~rg~la, ~re ~ one h~ed ~d fifty (150) ~les gE 9as ~lns, do~ her~y s~lt to ~ts ~onor~le ~y ~e foll~ln~ offer for said fr~chlse ~ 1. This ~ration will, wi~ flfte~ (15) days fr~ ~e acceptance of ~ts bid, exe~te a ~nd wtth-~d-sufflc[en~sec~iky append by ~e C12y ~ager, pay~le to ~e City o~ ~oke, Vt~lnia, tn ~e ~nal s~ of Five ~ous~d ~lla~s ($5,000.00) conditioned u~n ~tn~inin pl~ as re~ired by ~ ~e~ gene foregoln90rdln~ce. 2. ~is Co~ra~on, &f ~ls b~d be accep2ed, agrees to ~ka all reason~le ~d necessa~ repairs to ~d ext~sio~s of its gas pt~s, ~n~ ~ app~ces so as reason~ly ~d safely to supply all custo~rs wSth~n sa~ City wi~ gas. 3. This ~rat$on will, Sf ~ls bid be accepte~, wl~$n f~fteen (~5) days ~er~f, s~render an~ do~ her~y u~n ~e cond~t$on of accept~ce of ~ts bl~ ~ ~e due grant by ~e CSty of ~oke, VSrglnSa, of ~e aforesal~ franchise to ~t~ surr~der to ~e saSd City all its r~ghts and prSv~eges ~der Sts existSng fr~chise, ~d shall ~ereafter effect cont~r~eous~y w~ the gr~t to thSs Co.ration of the fr~chSse so p~vide~ for. 4. Th~s Co--ration w~l, u~n ~e accept~ce of ~is bid, re~- b~se ~e CSty of ~oke for ~e cost of the a~vertSsSng of ~e aforesal~ Ordln~ce sol$cSt~g b$~s for ~s fr~ch~se. Th~s Co.ration, in consSdera~on of ~ accept~ce of ~is bi~ and ~e gr~t ~ St of the sa~ ~ty year fr~ch~se (effective Sept~er 1, 1973, agrees~ pay to ~e CSty of Ro~oke,' VSrginSa, on or before ~rch of each year d~ng ~e te~ of sa~ fr~ise, begi~ing ~rch-1, 1974, ~ aggregate ~ual pa~t dete~ned by ~e ~les of dis~$but~on of ~e Co~rat$on in se~ice as at ~een~ of ~e preceding calendar year, base~ u~n ~e fo11~$ng rates = $ 30.00 ~ually per ~le for ~s of 2' an~ ~er (~s~de d~ter) $ 50.00 ~ually per ~le for ~ns of 3' (~nside dieter) $ 75.00 ~ually per mile for ~s~ of 4' ~(~sSd~ di~eter) $130.00 ~11y per ~le for ~s of 6' (~nside d$~ter)- $300.00 ~ually per ~le for ~sof 8' ~d over (inside The te~ ~s~ u~n-wh~ch ~e forego~g rates will be compute~ ~n order to dete~e ~e ~ pa~t by ~e-Co~rat$on to ~e C~ty of ~oke is he~y ~erst~ to me~ d~s~but~o~ ~s' ~n-se~ce in streets, alleys and p~15c ways'wi~ ~e coyote l~ts of ~oke, Virginia, exclud~g se~ce l~nes, as such te~ are generally ~e first pa~t h~e~- (due'on or'before ~rch last pa~t here~er-(due-on'or-befo~-~-Iy 1994) ~e ~ be'prorate~ o~e~ise ~ete~ed ~erefor by ~e a~plicat~on of ~e foregoing fo~ula or ~ O~ce Sn due fo~ ~s-b~d' be-acc~pte~-~-~s-fr~ch~se-be declare~ to be ~e ~ro~rty of ~e ~er~ne~ ~n-~e execut$on of ~e Ord~ce of Ju~y ~6, '~3, p~v~ded. RO~OKE GAS COM~ARY B~ /s/ A. W. Buckle~ President"; and WHEREAS, inquiry was made/by the-presiding Officer if any further bids were offared~ and hqtF~REASw there being no fttrther'bids offered, the presiding officer thereupon declared the-bidding closed! and Will. AS, the said p~oposed ordinance and said bid ~ere referred by the Councll to a committee, ~ehich reported in favor of accepting said bid and adopting ssid ordinance. THEREFORE, BE IT ORDAINED by the Comlcil of the City of Roanoke that the bid of Roanoke Gas Comi~any made to said City in!writing dated August 20, 1973, for the franchise herein granted, which said bid Is hereleabove set out in full, be, and said bid is hereby ACCEPTED; BE IT FURTHER ORDAINED by the Council of the city of Roanoke as follows = Section 1. Definittnns. As used herein, the following words and phrases shall have the following meanings, unless a contrary intent appears from the context of the provisions wherein used. a. 'City' or 'the city' means the City of Roanoke, Virginia. b. 'Grantee' or 'the grantee' means ROANOKE GAS COMPANY. c. 'Street~ or 'the streets' means the streets,- alleys,-avenues, highways, bridges and/or other' public ways owned by or subject to the control of the City of Roanoke~ in said City and, in addition, such locations in public parks and public places in the city. as are on September l, 1973, occupied by gas distribution pipes or lines or related gas facilities. d. 'In the streets' shall be construed and understood to include 'under, along or over the streets,' when the physical-situation so applies. e. 'Director of public works' means the Director of Public ~orks of the City of Roanoke or such-other officer or official of the city govern- meet, or other person, charged by the City Charter or City Council with responsibility and authority over-the maintenance'of-public streets and public property in the City, regardless of the title then assigend such Section 2. Grant of Authority. Subject to the provisions, 'oonditlons and restrictions set forth this ordinance or herein referred to,' there is hereby granted to ROANOKE GA~ COMPANy, grantee, for a period of twenty (20) years commencing as of the 1st day of September,- 1973, a~d 'terminating-at-~idnigh~Drr the- 30th'day-of Au~st, 1993,' the right to use' the streets- of the City to upei-ate and main- tain a gas works and distrihution-system-within· the limits of the City and, for these purposes, to construct, erect, maintain, and use, and iE now constructed, to continue to maintain and use and operate its gas distribution linesu pipes and all oZher additional appliances and appurtenances necessary and incidental to the usual ope~ation and maintenance of a gas vorks and gas distribution system, including necessary ~anholesu ln~ under, acrossw over and along the public e~eete within 'the-c~rp~rute-limlts of the City, as said corporate lignite now exlst'or'may:herea£ter be extended or altered. Section 3. Territorial A~ea Involved.- The franchise relates to the present te~ritorial liners Of the City, and to any area henceforth added to the territorial limits of the City during the term nE this franchise. Sectio~ 4. Service Standards. The grantee agrees to provide and maintain,-at' all times, its entire plant, system end equipment in safe, adequate and effi=ient condition and, subject to conditiuns, laws and regulations over which grantee has no control, to furnish continuous ~as service to and for the citizens of and its customers in the City, and to make all reasonable and necessary extensions Of its gas pipes, mains and appliancesrso~as~- reasonably, to supply all persons, firms or corporations within saint City with gas. Section 5. Use of Streets. a. General Centrnl and Location of Lines a~d Cond~t. The grantee, in any opening it shall make in the streets' in' the City,' shall be subject to the provisions of this franchise and to all applicable ordinances and regula- tions of the City. All gas distribution lines const~cted by the grantee shall be $o located as to in no way ~nterfere with the safety-or convenience of persons traveling on or over the streeta-and-publlc places. -The City reserves the right by resolutlon of the City Councll or otherwise through proper representatives of the City to further or specifically designate the locations of any gas distribu~on lines or additional appliances and appurte- nances with reference to other municipal facilities such as sewer and water ~ains, signal pales end lines, drainage facilities, alld other services, or tu other facilities such as publlc telephone and electrle utilities and railway massages, signal or power llnee, in such a manner as to promote the public safety and to protect public property& Failure by th~ City to Lo designate shall not relleve the grantee of-responslbillty in matters of public safety as hereinbefore specified. The grantee shall construct and locate gas llnes and appurtenances so as not to ~nterfere with the construction, location and ~aintenence of sewer or water service llnes or mains. Any designation of location required or authorized herein ehall--be~accon~lished-by· the City so as not to u~necessartly, delay :thez~rantee-in-,anF of its operations. b. Disttlrbance of Streets - Restoration. (1) The City Cot~ncil ~ay require that w~itt~n per~ts, in any or all cases, be obtained by the grantee from the Director of public Works of the City before end whenever it becones necessary.for the grantee to excavate in the streets of the City in oz~e=~.install, construct, ~t~d o= repel= of ~e gas distribution lines, or a~ittonal'appli~ces, app~t~ces or se~lces ~erein or ~e~eon. Su~.~ts~ ii re~ir~ m~ be Male appllc~le to ~y or all t~es of excavated-as p~escrlbed by ~e City ~cll. Such ~ts~ f~er~ ~y sta~e ~:p~ula~ pa~t or ~lnt of ~e s~eets vhere said const~ctlon or ex~on Is to be ~de ~d ~e len9~ of t~ la which such pe~t shall au~orize such~rk to'be done. ~ceptlon to requir~ent for ~t shall be pe~tted In cases of ~ergencles lnvolvin9 p~lic safety. (2) I~ediately after gas distribu~lon lines~ addl~ional ap~li~ces, app~ten~ces or ~nholes are installed or re.ired b~ the gr~tee~ ~e ~cldental troches or excavations'shall~ refilled by the gr~tee in a ~er acceptable to ~e director of p~lic ~rks. Pav~ent~ side~alks~ c~bs~ ~tters or o~er ~tions of s~eets or p~lic ~ays d~ged~ disturbed or destroyefl by s~ch vork~ ii such ~au~orlzed~ shall ~ proaptly ~estored and replaced with like ~terials to thei~ four condition b~ ~e grantee a~ Its ~ e~nse; however, where it is necessa~,'~d if pemitted~ iff order to achieve foyer conditions ~e gr~tee ~y or shall use ~terials whose specifications or q~tlties exceed or are different ~ ~ose used in ~e orlginal const~ction or installation ~d the gr~tee at it~ o~ e~nse shall provide s~ch dlffer~t ~terials. ~ere a cut or dlst~b~ue is ~de in a section oi sidewalk paving, ra~er ~ replacln9 only ~e area actually cut, ~e grantee shall re~lace ~e full wld~ of ~e existing walk ~d ~e full leng~ of ~e section or sections cut, a section being defined as ~at area ~rked by e~sion joints or scoring. ~e gr~tee shall maintain, repair ~d keep in go~ condition, for a ~riod of one year following such !dlsturb~ue, all ~rtions of streets disrobed by it or its agents, provided ~uch ~Intenance ~d repair shall be ~de necess~ because of defective or~terials s~plied ~y g=antee. The gr~tee shall, in any street, r~ve or correct ~y obs~ction or defect ~er~ which ~y have caused by the gr~tee or its agars ~ ~e installatlon, operation or of ~e gr~teets facillties. ~y such obst~ction or defect which is not pro~tly r~oved, repaired-or corrected ~y ~e gr~tee after proof so to do, giv~ by ~e city to said gr~tee, ~y be r~ved or corrected ~e city, ~d ~e costs ~ereof-sha11 be ch~ged against ~e gr~tee ~d be enforcad as a lt~u~n'~y of its p~rtles-ur a~sets. ~pense of relocation or replac~t to city utility lines, s~ita~ sewers, sewers, ~d sto~ains, where such e~e~s~ resul~ fr~ cons~uction ~int~ance of ~e gr~teeSs lines or facilities, shall be bo~e by ~e ~d ~y e~ense incurre~ in co~ectlon ~erewi~ by ~e city shall by ~e gr~tee. (3) The. grantee shall not openw disturb or obstructw at any one time, any more of such public streets than may~ in the opinion of the director of public ~orks of the city, be reasonably necessary to enable it to proceed with advantage in laying or repairing its lines or appu~tenances~ nor shall the grantee permit any such street, sidewalk or public placer so opened, dis- turbed or obstructed by It la the installation, construction or repair o£ its lines or appurtenances, to remain open or the public way disturbed or obstructed for a longer perled of time than shall, tn the opinion of the director of public works, or other proper official of the city, be reasonably necessary. In ell cases where any street or public place shall be excavated, disturbed or obstructed by the grantee, the grantee shall take all precautions necessary or proper for the p~otection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and ~arning to the public of the existence of all actual conditions present. (4) ~henever the city shall widen, reconstruct, realign, pave or repays any street or public place, or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection, or other municipal works or utility, it shall be the duty of the grantee, when so requested by the city, to change its lines, appliances, services and other property in the streets or public ways, and/or areas adjacent thereto, at its o~n expense so as to conform to the new widening, location, alignment or grade of such street or public way and so as not to interfere with the city's conduits, sewers and other mains as constructed or reconstructed. Upon written notice by the city of its intended work, above specified, the grantee shall within a reasonable period of time accomplish its obligation in accordance with and to confor~ to the plans of the city for such construction, reconstruction or improvements. However, the grantee shall not be required by the city to relocate gas distribution llnes when the street or public way in which they are located is vacated, closed or abandoned by the city for the convenience of abutting property owners and not as an incident to public improvement. (5) The City Council may require that written permits, in any or cases, be obtained by the gra/ltee from the director of public works of the city befora and whenever it becomes necessary for the grantee to install, construct, extend or repair any gas distribution lines, appliances or appurtanences Or services on, over or under any bridges or viaducts which are a part of the street system of the eityl provided, however, that exception to the requirement of permit shall be provided in cases of ~mergencies involving public safety. All provisions of this ordinance shall be applicable to instal- lation, construction, extension or repair of such lines or appliances on, 81 over or under any such bridge Or vladu¢~ the factors of appearance and achievement and maintenance of =~xuctuxal des!gn xequixem~n~s of ~he bridge or viaduct to be assuxedo Section 6. Rates. In consideration of the rights and privileges conferred upon the grantee by this franchise~ the grantee, its successors and assigns, shall be entitled to charge just and reasonable rates for gas and services fu~nished by it, under and subject to the approval of the S~ate Co~poration Con~ssion of Vlr~lnia, or by any successor body created by the State of Virginia with po~er to regulate the rates and prescribe the standards of service of said gas co~pany~ howevert nothing herein contained shall operate to ~npair or deprive the City of any power or authority now or hereafter conferred upon it by law to prescribe reasonable rates Or charges for such gas or services, to be observed and performed by the grantee or assignee hereof. Section ?. Re~orts, Naps and Plats. The grantee shall file annually with 'the city auditor of the city, or with such other official of the city as may be charged with the control and keeping of accounts and financial records of the cityt a copy of the grantee's annual report, which report shall contain and reflect the audit and financial statement as pertains to the business operations of the grantee for the immediate preceding business year. The grantee's books and systems of accounts showing the gross income derived by the grantee from its supply and sale of gas service ~n the city shall be made available at all reasonable times for inspec- tion and verification by a duly authorized officer or agent of the city. The grantee sha11~ upon written and reasonable request at any time from the city ~anager, or other official designated by the city ~a~ager, make available or furnish to the city =~nage~, or other designated officlal~ maps~ plats, or plans, or Copies thereof, showing the location of any or all of its distribution lines, additional appliances and appurtenances and other structures located in, under and along the streets and public ways of the city. Section $. Ac~uieltion h[ Cit~. Upon the expiration of this franchise and unless the same be renewed or extended, the City of Roanoke shall have the right and option to acquire the plant of the grantee and, as well, the property of the grantee located in the streets, alleys, and other public ways of the city theretofore used for its gas works and gas dlstrthution system purposes, at a fair and reasonable price therefor. In determining the value of the property which may be acquired by said city~ the grantee shall not be entitled to any payment whatsoever By reason of the value of this franchise. The fair value of the property which may he acquired by the city shall be ascertained and determined as follows: Dllring the last six months of the life of this franchise, the city nay file its petition with the State Corporation Connission ofiVlzginia, praying that said commission ascer- tain the fair value of the plan,-of the grantee and of the-property of the grantee which is locatecl in the _streets of said c~ty at that t~e and then used for gas distribution purposes, and give reasonable notice of the filing of said petition to the grantee. Whereupon, said comm~ssion shall ascertain and determine, at the joint expense of the grantee and-of-said city, the fair value of such of the property of said grantee as the city requires and has a right to purchase hereunder. The city and the grantee shall each be entitl~t to produce evidence and be represented by counsel. The finding and judgment of said comm~ssion as to such value sba1! be conclusive and binding u~on the city and the grantee, subject, however, to the right of appeal by either party to a court Of competent jurisdiction, for final determination of such value. Unless the city shall, within ninety (90) days from the determination of such value by said commission or, if appealed, within ninety (90} days from the final decision of the court to which such deterndnation of value was appealed, tender payment to the grantee for said property in accordance with the fair valuation thereof as so determined, then the city's rights to acquire the grantee's said plant and property, or any part thereof, by reason of the provisions in this section of this franchise, shall be forever extinguished and barred. In the event the State Corporation Comm[eslon should fail or refuse to ascertain and determine such value, then the city and the grantee shall each select an appraiser, who shall select an umpire, the three of whom shall constitute a commission, which shall deterr~ne the fair value of the plant and property of the grantee to be taken by the city in accordance with the terms of this franchise. Nothing tn this franchise shall be construed to impair the c~ty~s continuing general police power over its public ~treets and other publlc ways nor to llm~t the city's right to acquire by purchase or by exercise of its right of em~nunt domain all or any part of the property of the grantee. Section 9. Taxes. Nothing in this ordinance shall be construed to prevent the city, hereafter and from t~me to time, from levying any lawful tax ox the properties of the grantee, or from levying any lawful business licanse tax on said grantee for the privilege of doing business within the city. Section 10. Safety Methods-~nd-Equi~m~nt;- The grantee shall at all times employ a high standard of care and shall install and maintain in use approved methods and devices for preventing fa£1ures or accidents which are likely to cause damages, injuries or nuisances to the public. Section 11. New D~velopmants;- - Should, within the term of this franchise, developments in the field of distribution of natural or synthetic gas offer to the grantee the opportunity to more effectively, efficiently or econo~cally serve its cus- · comers' through use' 'of mothode~':'~at~L-kals' or pr°cedttree not p~escribed or embraced by the teams'of this'franch~se,"then the.' grantee may petition the City Council for review of this.~--e~hise 'in line with such develo~en2s. Seck~on 12.' Ll~2~.: a. ~e Cla~. ~e ~tee b~nds Itself b~ ~e accept~ce o~ ~is o~din~ce ~ ~d~f~ ~d hold ~e Clh~ of ~oke free ~d ha~ess f~ all ll~llit~ on acco~2 o~ lnj~ or d~ge to persons or p~o~hies, gr~ing out of ~e const~c2ion, ~t~ce or o~ra~lon oE an~ oE ~e grankee~s ~rk, here~n au~orized~-or due to the neglec2 of said ~rantee, gr~tee to co~l~ ~lth ~ re~lr~2 herein contained or ~ ~ o~d~nance rela~lng to ~e use of ~e streets of ~e C~t~ ~d said grantee hereby agrees ~at, ~n the ev~t ~y action or o~er proceeding shall be brought against the C~ty, e~er ~ndepend~tly or jointly wi~ said gr~tee or o~ers on accost ~er~[, ~e grantee, u~n notice given to it by ~e City, will defend the City ~n ~y such action or o~er proceed~ng~ at ~e cost of ~e gr~tee~ and in ~e event of f~nal jud~ent being awarded against the City, solely or jointly w[~ the grantee or o~ers, then the gr~tee will pay sa~d jud~ent w~ all interest and costs, and w~11 hold the City ha~less b. ~nd. Before proceeding to act ~der th~s ord[n~ce, R0~O~ ~ CO~ shall execute a ~nd, in ~e p~alty of Five Thous~d ~llars, ($~,000.0~), wi~ g~ ~d suff~cl~t surety, ~n favor of the City of ~oke, conditioned u~n the cons~ct[on ~d putting ~nto operation ~d ~nta[n[ng in g~d order ~e pl~t prov~d~ for in ~[s franchise, ~e fu~[sh[ng of effic[~t gas seduces w~[n ~e City of Ro~oke at reasonable rates, ~d the complt~ce by ~e gr~tee w[~ ~e te~, provisions and condi- t[on~ o~ ~[s ordin~ce ~d of ~e fr~ch[se here~n gr~ted~ the penalty of said bond not, however~ to be de~ed or c~st~ed to l~t ~e ~o~t of any recove~ By ~e City from the gr~tee of ~y actual loss or d~ge o~e~ise recover~le by ~e p~v~s~ons of ~s ord~ce. Section 13. Restoration of ~pa[red Se~ce. of force, nat~e, act of ~d, s~ke, bre~d~, acc~d~t or o~er happening ~yond ~e consol of ~e gr~tee, ~e gr~tee shall use ev~ reason~le effort ~d shall exercise prat diligence to restore such se~[ce w[~ as little ~nter~pt[on as ~ss~ble ~d, ~n all events, wi~[n a reason~le time, but ~y such ~ter~pt~on or faille of se~[ce caused by ~y of ~e aforesaid reasons shall not, of ~tself, constitute a breach of ~[s fr~chlse. Section 14. ~roval of Tr~sfer. No sale or no assault or lease by ~e gr~tee of ~e fr~ch[se of the privileges grated ~der this ord~ce shall be effective ~t[l it :85 Is approved by the council of the city. As a condition to consideration by ~he council of a sale or assl~t~ the grantee shall f~le ~ ~e ~ager~ltt~no~lce o~ ~:p~e~ sale, assl~en2 or lease ~d ~e vendee, asst~ee or lessee shall a~larl~ file ~ instant, duly executed, ~clt~ng the fac2 of such p~sed sale, asst~n~ or lease~ offering accep~ ~e te~ oE ~ts fr~chlse, ~d agreeing 2o pe~fo~all of~e condi- tions ~ereo~. Section 15. No ~cl~lve F~chise. ~e r~ghts here~n grated ~e gr~tee to c~s~ct, ~lnta~n or operate its gas d~stribution syst~ In ~e city~ or to per~o~ any act or exercise ~y o~r priv~lege grated or prov~de~ for ~n this franchise shall not be const~ed as exclusive nor as preventing the city from grating to any o~er person, fi~ or co~rati~n ~e s~e or s~m~lar franchise rights ~d prlv~leges, to be exercise~ ~n ~ u~n ~ts p~l~c streets and such s~e an~ parts ~ereof as ~ =ity~y de. best or ch~se to a11~, pe~t, g~ve or grant. Section ~6. L~en of C~ty. All debts, penalt~es, or forfeiters accruing to th~ city ~ te~ o~ ~s ordinance shall constitute a l~en u~n the pro~rty an~ franchise of sa~d gr~tee w~n ~e c~ty, s~ject, h~ever, to ~en-ex~st~ng prior Section 17. J~s~ct~on of ~ve~tal Regulato~ C~sslons. If any p~v~s~on of ~s fr~ch~e ~s in conflict w~ any Constitu- tional provision, statute or lawful rule o~ ~e S~te Cor~ra~on C~ss~on of V~rg~n~a, or o~ ~y o~r duly const~tute~ b~y or c~ss~on legally au~orized to pre~cr~ ~s govern~g ~e conduct of the gr~te~ wi~ln c~ty, so that ~e gr~t~ ca~ot reason~ly co~ly wi~bo~ ~e provisions or~y, ~en ~e gr~tee shall comply wi~ such specific ~1~ ~nstea~ of w~ ~e uonfl~ct~ng specific ~d ~nd~v~dual provision of ~s or~nanc~ but gr~tee shall comply with each ~ all of the provisions of th~s fr~ch~e where such c~ be done w~out v~olat~ng constitutional provisions, valid statutes or ~les of ~e sa~ c~ss~on or b~y. Section 18. G~eral O~n~ce o~ ~e C~ty. ~e rights ~d priv~leg~s here~n gr~te~ are e~ressly s~ect conditions, l~tat~ons ~ prov~slons con~ne~ ~n ~e general ord~n~ce~ of ~e city ~n force relative to the use of streets or p~l~c places o~ sa~d c~ty, so ~ar as ~ey~y b8 a~p~c~e~to-the'r~ghts ~ privileges here~n ~ to ~y ~ all or~n~ces which~y be hereafter passed by ~e city app~c~e ~reto ~n ~e exercise ofthe ~ce p~er or~y veste~ ~n sa~ c~ty for ~e red,at,on of p~c se~ce co.rations using ¸86 the public streets of the cityj:and~the cit~'e~ressl¥ reserves the rLght to pass all such reasonable ~r~ln---es-for the regulation of.the use of the streets and public ways~ and for the exercise o£ the rights and privileges herein granted ...... · Section 19. Effective Date. This ordinance shall be in force and effect from and after ten (10) days from the date of its passage, provided that within such t~me it shall have been accepted in the ~anner herein provided. Adopted Augvst 27, 1973. ATTEST~ APPROVED: City Clerk. ~oy L. Webber, Mayor ACCEPTANCE The undersigned, ROANOKE GAS COMPANY, a Virginia public service corpora- tion, hereby accepts the grant and each and all of the provisions, conditions and limitations of this ordinance Of the City of Roanoke, adopted by the Council of the City of Roanoke as 0r~inance NO. 21084 on the 2?th day of August, 1973, and hereby covenants and agrees that it will perform and discharge each and all of the duties and obligations imposed upon it as grantee in and under said ordinance and in its said bid, and that it wlll be bound by each and all of the terms, conditions and provisions therein contained. IN WITNESS WHEP~OF the said ROAROKE GAS COMPANY has caused this written acceptance to be executed in its name by its President or Vice-President, thereunto duly authorized, and its corporate seal to be hereunto duly affixed and attested by its Secretary, thereunto duly authorized, on this day of , 1973. ROANOKE GAS COMPANY, By {Title) Secretary ATTEST: I, Virginia L. Shaw, City Clerk of the city of Roanoke, Virginia, hereby certify that the above and foregoing is a true, accurate and complete copy of the ordinance granting a franchise to ROANOKE GAS COMPANY, duly enacted by said Council on the 2?th day of AugUst, 1973, by a recorded affirmatiYe VOte of a majority of all of the members elected thereto; and I further certify that the requirements of the laws of the State of Virginia requlatlng the grant of a franchise, e.t cetera, by cities and towns, and the requirements of the charter of the Cxty of Roanoke, were duly complied with. IN TESTIMONY WHEREOF, ~ have hereunto set my hand as City Clerk of the said City of Roanoke, this day of , A.D. 1973: City Clerk. The motion was seconded by PLr. Garland and adopted by the followin7 votez AYESz Messrs. Garland, Hubardw Llsk, Taylor and Hayer Nebber NAYS ~ None 0 (Hessrs. Thomasand Trout absent) H~o Hubard then moved that Ordinance No. 21084 as adopted on its first reading be referred to the Franchise Study Coaenittee for study and re~ort to Councl! at the next regular meeting of the ~ody on Monday, August 2?, 1973. The motion was seconded By Mr. Garland and ~nanimously adopted. FLOODS-HUP~ICANES= Council having continued a public hearing until Mondey~ August 20, 1973, on the question Of amending the zoning regulations of the ¢tty so as to create a floodplain zoning district within the city~ to adopt regulations to afford protection to the floodplain district and assist In the m[n~mizatlon of pro- perry d~age and loss of life caused by the periodic tnu~dation of lands adjacent to water courses tn the city, the matter was again before the body. In this connection, the City Planning Commission submitted a written roper advising that reconsideration of the proposed flcodplain section of the Zoning Ordlnallce by the City Planning Co~r/ission at its meeting on August 15, 1973t centered on certain points raised at the public hearing held by Council on ~onday, July 2?, 1973, that the Plarnllng Department staff advised the Com~ssion that changes where necessary to resolve conflicts have been made and that to the best of their k/~owledge all conflicts have been resolved, tr~smittlng a con~nunication from Mr. Frank W. Rogers, Jr., Attorney, representing the owners of the Roanoke Industrial Center, and a co~enicat[on from Mr. Henry B. Boynton, Chairman, City Planning C~ssion, stating that he had spoken with Mr. E~ward Frye, representing Fry~ Building Company, and that beth the Roanoke Industrial Center and Frye Buildlng Company have with~raw~ their objections to the proposed Zoning Ordinance amendment, that the spec~flc revisions centered on deletion of the Board Of Zoning Appeals review and ~o~ificatlons to give the City Engineer more latltude ~n reviewing projects proposed under the Ordinance provisions and that after further consideration of the matter, the City ~lanning commission concurs in the propased revlstons. Mr. Henry B. Boy~ton~ Chairman, City Planning Co~$sion, appeared before Council and explained briefly the revls[ons to the proposed floodplaln Ordinance. Mr. Lisk then offered the following emergency Ordinance amending Chapter 4.1, of Title XV, relating to Zoning, of The Code of the City of Roanoke, 1956, as amended, by the addition of a new section, to be numbered Sec. 33.1, defining a floodplaln zone to be superimposed upon certain zoning districts within the city, and providing regulations restrict~ng the use of lands and structures within said ~one in order to afford protection to persons and property in those areas wlthtn the floodplain: (J21085) AN OR~I~h~CI~ amending Chapter 4.1, o£ Title XV, relating ~ Zoning~ of ~e C~e of ~e City. oi ~oke~ 1956~ as ~ded~ by ~e addition of a new section, to ~ n~red Sec. 33.1, de~lfli~ a fl~plaln zone to be supervised u~n cer~in zoning dis~lcts vi~in ~e city~ ~d providing regulations res~ictlng the use~ of l~ds ~d at~ct~es within said zone o~er to afford p~tection to persons..~d probity In ~ose areas vl~ln il~plainj ~d providing for (For full text of O~d~ce,-see O~in~ce ~k Ho. 38, Page 365.) ~. Lisk mov~ 2he adoption oi.-~e O~in~e. ~e ~tlon vas seconded by ~. H~ard ~d adopted by ~e foll~ing vote: AY~ Messrs. Garl~d, H~ard, Lisk, Taylor and ~yor Weber ..... 5. NAYS: None .......................................................0. {Messrs. ~s an4 ~ut absent) Dr. Taylor ~ offere~ the foll~ing ~ergency Ordin~ce ~ending Chapter 1.1. Building Code of Title ~, Const~ction, Alteration and Use of ~d, Buildings ~ Other S~ct~es, of The C~e of ~e City of ~oke, 1956, as ~nded, by ~e addition of a new section to be n~ered Sec. Fl~dpr~fing, providing ~e~ir~ents and regulations relating to buildings ~ other st~ct~es located within ~e fl~dplain in the city: (~21086) ~ 0~I~ ~d~U ~apter 1.1. Building C~e of Title ~, Const~ction, ~tera~on ~d Use of ~d ~d B~ldings ~d O~er St~ct~es, of The Code of ~e City of Ro~oke, 1956, as ~ended, by ~e addition of a new section to be n~red Sec. 2.1. Floodpr~fing, providing re~ir~ents and re~lations relating to buildings ~4 o~er st~ctures located wi~in ~e fl~dplain in ~e city; ~d providing for ~ ~erg~cy. (For full text of Ordin~ce, see O~inance Book No. 38, Pa~e 369.) Dr. Taylor ~ved ~e adoption of the Or, in,ce. The motion was seconded by ~. Garlan4 ~d adopted by the following vote: AYe: Messrs. Garl~d, H~ard, Lisk, Taylor an~ ~yor Webber ........ 5. ~YS: None 0 .......................................................... . {Messrs. ~o~s ~d Trout ~sent) ~. H~ard offered ~e following Resolution relating to review of all s~divisions and applications for buildlng pe~ts for const~ction floodpla~ of ~e City of Roanoke: (~21087) A ~SO~ION relat~g to review of all s~divisions applications for building pe~ts for cons~ctfoa in ~e flo~plain of ~e City of ~oke. (For full t~xt of Remolution, see Resolution ~k No. 38, Page:370.) ~. 'H~ard ~ved ~e adoption of the ~solution. The ~ti~n was seconde4 by ~. L~sk ~d adopte4 by ~e following vote= AYES~ Messrs. Garland, Nubard, Lick, Taylor and Hayor Webber ....... 5. NAYS: None ........ ~-- ~----- ...................................... =0. (Messrs. Thomas and Trout absent] Dr. Taylor of£ered the following P~solution authoriz~ng the City Manager to make application un,er the provisions of the National Flood Insurance Act of 1968, for 'flood insurance coverage in the City of Roanoke~ and making certain assurances to the Federal Insurance Adm~nistrator in connec- tion therewith: {121088) A I~ESOLUTION authorizing the City Manager to make applica- tion tmder the provisions of the National Flood Insurance Act of 1968, for flood Insurance coverage in the City of Roanoke~ and making certain assurances to the Federal Insurance Adm~nistrator tn connection therewith. {For full text of Resolution, see Resolution ~ook No. 38, Page 372.) Dr. Taylor moved the adoption of the Resolution. The motion was seconded by Mr. Lisk and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, and Mayor Webber ....5. NAYS= None .......................................................0. (Messrs. Thomas and Trout absent] PETITIONS AND COMMUNICATIONS: SUBDIVISIONS= Mr. John D. Copenhaver, Attorney, representing the Billy Leigh Corporation, appeared before Council and advised that his client is ~n the process of subdividing a parcel of lan~ in the city as an extension Of Oakwood Drive, S. W., lying between Colonial Avenue and Bramble=on Avenue, that the only matter which needs to be resolved is the amount of surety the developer is required to give the city in order to guarantee complete installa- tion of the required Lmprovements ~n the event the developer did not complete this work and requesting approval to proceed with this development upon the filing of a letter of credit with the Mountain Trnst Bank, in the amount Of $36,500.00, as security for satisfactory installation of the required ~mprove- ments. Dr. Taylor moved that the matter be referred to the City Managerw the City Attorney and the City Auditor for study and re~ort to Council by the next regular meeting of the body on Monday, August 27, 1973, if possible. The motion was seconded by Mr. L~sk and unanimously adopted. U.S.S. ROANOKE-AUDITOR~COLISEU~-PARKS A~D PLAYGROUNDS: ' A communica- tion from Mr. Charles D. FOX, III, in connection with a bell which has been secured from a decommissioned Navy ship, the U. S. S. Roanoke, advising that the bell has been released by the Navy to the custody'of the U. S. Naval Reserve Training Con=er in Roanoke with provision that custody may be transferred to others in connection with the proper display of the bell and offering to dis- play said bell at the Roanoke Civic Center~ was before Council. Hr, Llsk ~oved that the'matter .be referred to the'~oanoke Civic Center and Stadit=n Advisory Conmission,£m:-A~.~consideration ~nd report to Council. The motion was seconded by Hr._Garl~ud and unanimously adopted. pARKING-TRAFFIC-pLANNTNGz=_A com~unieation frola Hr. and HrSo W. ReFnolds advising that it is ,their:understanding that the city plans to acquire a certa:[n parking lot for th~.Downtown Parking Garagew that money from this parking lot provides scholarship funds for the Frank Ro Page Fund, expressing the hope that Council plans to continue this fundiag, however, If it is not the intent of Council to continue the-funding, that Council reconsider its plans in making a parking facility at this location, was before the body. N~o Eubard ~ved that the comnunication be received and filed, The motion was seconded by Hr. L/sk and unan/n~usly adopted. Hr. Hubard further moved that a co~ununicatlon be written to Hr. and Hrs. Reynolds explaining the position taken by the City o£ Roanoke with regard to the matter° The motion was seconded by H~o L/sk and unan/mously adopted. ~EPOETS OF OFFICERS~ BUDGET-COMmONWEALTH'S ATTORNEY: The Assistant City Manager subm/tted a written report of the City Manager reco~ending that Council reappropriate $363.99 to Office Furniture and R~lipment - New and $545.82 to Travel under Sec- tion ~29~ 'Commonwealth's Attorney Investigator,' of the 1973-74 budget, to provide funds for the purchase of a small portable, electric typewriter and to provide sufficient funds for travel ex~nse, said funds to be 100 per cent re~abursed fro~ LEAA Grant No. 72-A1311. Dr. Taylor moved that Councll concur in the report of the City Manager and offered the follow~g emergency Ordinance'appropriating the requested funds: (%21089) AN ORDINANCE to amend and reordain Section t29, 'Commonwealth~s Attorney Investigator,' of the 1973-74 Appropriation Ordinance, an~ providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 3?3.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland~ Hubard, Lisk, Taylor and Mayor Webber ....... NAYS: None---~ .....................................................0. (Hessrs. Thomas and Trout absent) STATE HIGHWAYS: The Assistant City Hanager submitted a written report of the City Manager advising of a public hearing on September 12, 1973, at ? p.m., at the Stonewall Jackson Junior High School to consider the proposed location und design of Route 24 from the intersection Of llth Street to the intersection of 19th Street and of 13th Street fro~ the intersection of lt~verdale Road to the intersection of Dale Avenue, transm~tting copy of the social, economic and environmental hspact statement for thin project and rec~-~_ ~ding that Council, By i~esolution, concur ~n the location.and design of this project and that thia Resolution be presented to the Virginia Department of Highways at the public hearing on September 12, 1973.. Hr. Llsk moved that Council concur in the re~ort of the City Manager and offered the following ~921090] A RESOLUTION ~udicating general approval of certain plans for the location and design of a section of State Route 24 and Of State Route 115, (13th Street, S. E.,) in the City of Roanoke, as developed and presented by ~.the Virginia Department of Highways for Route 24 Project 0024-128- 103, Pr-101 and for Route 115 Project UOOO-128-102, PE~101, at a certain public hearing to be held thereon. (For full text of Resolution, see Resolution Book No. 38, Page 374.) Hr. Ltsk moved the adoption of the Resolution. Tho ~otion was seconded by Hr. Hubard a~d adopted by tho following vote: AYES: Messrs. Garland, Hubard, Llsk, Taylor and Mayor Webber ........ NAYS: None 0 .......................................................... (Messrs. Thomas and Trout absent) PLANNING: The Assistant City Manager submitted a written report of the City Manager advising that On April 13, 1973, a Notice of Grant Award from HUD to tho City of Roanoke for the su~ of $69,000.00 was transmitted from Mr. Carroll Mason, HUD Aroa Director, to Mayor Roy L. Webber, that th~ funds were tentatively awarded p~n~ng approval of the Overall Program Design for reservation purposes for fiscal year 1973-74 as part of the Comprehensive Planning Assista~ce Program as authorized by Section ?01 of tho Housing Act of 1954, that on Au~st 2, Hr. Mason found the OPD application acceptable and noted that work under this grant could proceed as scheduled and transmitting a copy of the Overall Program Design for FY 1973-74 as prepared by the City Planning Department and approved by HUD. Mr. Garland moved that the report be received and filed. The motion was seconded by Hr. L~sk and unan~u~ously adopte~. · NTEGRAT~ON-SEGREGAT~ON: The Assistent City ~ager suhnl~tted a written report of the City Manager transm~tting an amended Resolution to replace Resolution NO. 19076, advising that this amended Resolution has added reference to color, national origin, rellglon and sex in addition to the original policy stated pertaining to race and that this change is needed to realign the position of the City of Roanoke with the current amendments to the Civil Rights Act of 1964. Hr. Nubard moYe~ that Council concur in the report of the City Manager and offered the following Resolution: (421091) A RESOI~JTIO~ rea££1rmipg and implementing ~he clt¥~a policy of ~1 op~rt~ity Of ~lo~t ~ ~e m~lclpal gove~nb. (For full text of ~solU~on~ aee ~solution ~k ~o. 38, Page 375.) ~. H~ar~ ~ved ~e a~ption of ~e Resolution. ~e ~tion vas seconded by ~. ~sk ~d adopted ~ ~e follo~in9 vote~ A~S; Hessrs. Carl~d~ H~ard, Lisk~ Taylor and ~yor H~ber ~YSz None ......................................................... 0. (Messrs. ~S ~d T~ut ~. ~ri~d ~ved ~at ~e ~tter of ap~n~nt of f~ve ~rsons ~ ~e Fair ~plo~ent Practices C~ttee ~ referred to Co~c~l acting as a C~ttee of ~e ~ole. ~e ~t~on was seconde~ by ~. ~sk ~d ~[~us~y adopted. S~ OF PROPERS-SCHWa= The Assist~t C~ty ~ager s~tted a ~tte~ re~rt o~ ~e City ~ager ~s~tt[ng copy Of a c~icat~on f~ ~e ~anoke C~ty Sch~l ~ard advising ~at ~e Sch~l ~ard ~ted ~usly to relinquish con2rol of ~e ~elrose ~l~nta~ Sch~l to ~e C~ty of ~anoke ~d ~at ~ed~ately u~n receipt of ~s co~ication, ~e Purchasing Agent for ~s facility ~der ~e ~ns~ce ~licy o~ ~e c~ty. ~. L~sk ~ved ~at ~e re~rt be referred to ~e C~ty Atto~ey and ~e City ~ager for ~reparation of ~e proof measure a=ce~t[ng ~e Melrose El~enta~ Sch~l from ~e R~oke City Soho1 Board ~d ~at ~e ~tter of d[s~sit[on of ~e p~perty be referred to ~e Real Estate Co--tree for study, re~rt ~d reco~endat~on to Co~cil. The motion was seconded by ~. H~ard ~d ~usly adoptea. PO~ D~T-FI~ DEP~: The Ass[st~t City ~ager s~tted a ~[tten re~rt ~f ~e C~ty ~ager as to ~e status of perso~el ~n Police ~par~t and ~e Fire ~par~ent as o[ July 31~ 19~3. ~. H~rd moved ~at ~e re~rt be received ~d filed. The ~tion was seconded by Dr. Taylor ~d ~usly adopted. A~ITS-~0RT-A~I~-~ZE~= The City Auditor s~tt~d a f[n~c[al report of ~e City of ~oke for th~ ~n~ of July, 19~3. Dr. Taylor ~ved ~at ~e re~rt be received ~ f~led, The was seconded by ~. Garl~d ~d ~usly adopted. ~. L[sk ~v~ ~at ~e City Auditor be ins~cted to tr~t ~at ~rtion of ea~ ~n~s fin~c~al re~rt perta~g to ~e ~oke Civic Center to ~e ~oke C~v[c C~ter ~d S~d~ Adv[so~ C~ss~on for ~ts ~nfo~t~un ~d ~at ~rtlun o[ ~e f[n~c~al re~rt per~[n[ng to ~oke M~ic~pal {W~} ~rt to ~e A~rt ~viso~ ~ssion for i~s ~nfo~tion. ~e ~t~on was second~ by ~. Garl~d ~d ~usly adopted. BUDGET-WIiLFAI~ DEPARTHENTs The City Auditor submitted a monthly statement of expenditures for public vel£ere for the month ended July 31, 1973 Hr. Gurl~uld moved that the statement be received and flied. The motion was seconded by Hr. Llsk and unanimously adopted. ZONING: Counoil having referred back to the City Planning Commission for further consideration the request of Hr. J. W. Webb, representing Webb Lumber Company to continue to operate his business with a small shed type building where he plans to house ~achinery, the City Planning Commission submitted a written report reco~ending that the request be denied. In this connection, Mr. J. W. Webb appeared before Council and advised that he desires a public hearing on the request. Hr. Llsk moved that Conncil hold a public hearing at 7:30 p.m., Monday, September 24, 1973, on the matter. The motion was seconded by Mr. Hubard and ttnan[mously adopted. ZONING: The City Planning Commission submitted a written report in connection with the request of Mr. John H. Taylor, Attorney, representing Hr. James Ko Metz, that property located in the 2900 block Of Rflvenwood Avenue, N. W., described as Lots 7A and SA, Layman Square, Official Tax Nos. 2160201 and 2160203, a/id property located in the 2800 block of Floraland Drive, N. W., described as part of Lots 9 and 10, Block 4, Floraland Addition, Official Tax Nos. 2280508 and 2280509, be rezoned fro~ RS-3, Single-Family Residential District, RG-2, General Residential District, reco~ending that the request be denied. Mr. Garland moved that action on the report be deferred tultil the next regular meeting of Council on Monday, August 27, 1973, pending notification from the attorney as to whether or not hie client desires a public hearing on the request for rezoning. The motion was seconded by Dr. Taylor and unanimously adopted. ZONING= The City Plai~ning Commission submitted the following report in connection with the request of Mr. John M. Wilson, Jr., Attorney, representing Mr. Donald J. Pddenhour, et ux., that property located in the 3800 block of Wast Side Boulevard, N. W., de~crlbed as Lots 1,~, 3, 4 and 5, Block 7, Map of Washington Heights, O[ficial Tax Nos. 2670601, 2670602, 2670603 and 2670709~ and two t~iangthlar parcels o[ land, described as Offloial Tax Nos. 2670801 and 2671011, be rezoned fro~ I~S-3, Single-Falnily Residential District, to RG-2, General Resldential District, reco~nnending that the request be denied: 'August 16, 1973 The Honorable Roy L. Webber, Mayor end Members of City Council Roanoke, Virginia . Gentlemen: The above cited request was considered by the City Plan- ning Commission at its regular meeting of August 15, 1973. .93 ~t~. Wilson, a~t°rnaY[ for' the petitioner, appeared before the Plaguing c~m~sslo~ an~ stated the following lnfor~atlon concerning' this that the pe~ltio~.plone to build approzL~atel~ 60 one-bedroom apa~t~ut units on this property, but that with this rezoninq,'he could build as many as 90 traits. that this was the;best use of the la~d and that it adjoins the Roanoke:Coun~t~f club p~operty and that because of the boundar~ with the Countr~ club, they ~ould not overcz~ed the neighborhood. that there ~uld be,practically no children In these apartments because they a~e only one bedroom units, and thereby, ~ould not overcrowd the schools. that Westeide Boulevard Is a wide street and would Cause no ~raffic problenm, with easy access to Holxose Avenue and Herehberger Road. that the petitioner vould provide adequate parking spaces with proper screening. that this use would protvtde housing for young couples who cannot afford to buy homes, and that there vould be no deterioration of property values because a large area across from this pxoperty is already zoned Hr. Claude Carter, Attorney, appeared before the Planning Commission and stated that he represented a number of the people in the area opposed to this rezcning and presented a petiton to the C~ission containing the na~es of over 100 people living in the immediate area who are opposed to this rezonlng. He noted that with the exception of the area zoned RG-2 to the east, this has always been and continues to be a single-family residential area, and that Westside Boulevard is a relatively narrow street and t_hat there is already an overflow of cars from the other apartment units parking on Westside Blvd., giving this area a very crowded nature. Additionally, he pointed out that there would be increased drainage problems from such a large area being blacktopped and it is in very poor condition now, that the schools are already overcrowded, and that the streets ere very heavlly traveled in this vicinity because of the close proximity of Crossroads Shopping Center and the Roanoke Salem Plaza. Mr. Carter stated that he had checked with the 1985 Major Arterial Highway Plan and noted that there were no plans for improving Weststde Blvd. and that with all of these proble_m~ and the devaluation Of their single-family homes, the people in this area are very much opposed to this rezonfng. Mr. Carl Kessler, 3902 Tennessee Avenue, N. W., appeared before the planning Co~mLtssion and stated that Westside Boulevard in the winter months is hazardous to drive on and is sometimes not posslble to use at all in the winter. Hrs. Evelyn Corbett, 3907 Tennessee Avenue, N. W., appeared before the Plan~lng Coa~ssion and stated that adding any more cars to these already heavily traveled streets would endanger the lives of the chilclren that must cross these streets going to and from school. Mr. George Deisher, 3818 Maine Avenue, N. W., appeared before the Planning Commission and stated that during rush hours, the traffic is' very heavy and at this time children are also going to and from schools, and that no more traffic should be generated onto these streets. The Planning Director-stated that under'a RG-1 classification, 42 units could be built on this property end under a RG-2 classification, 77 apartment units could be built on this property. After much discussion by the Planning Co~aiSsion me-tubers, it wac generally agreed that this area is a single-family area, and that the present character of the area should be maintaine~. Accordingly, mo~ton' was made, duly seconded and appruved unanimously recommending-to City Council that this request be denied. ' Sincerely, S/ Henry H. BoYnton by LM Henry B. Boynton ~halr~an" In this connection, a com~unication from Mr. Jolul H. Wilson, Jro~ Attorney, representing Mr. Donald J. Ridenhour, et ux., requesting permission to withdraw the. PetitiOn. for rezoning, was' before Council. Mr. Llsk ~oved that Council concur ~n the request to withdraw the Petition for rezoning. The mOtion was seconded by Mr. Hubard and unanimously adopted. ZONING.- The City Planning Commission submitted the following report in connection with the request of Mr. John L. Hart, Attorney, represent- ing Mr. Roy H. Waid, et ux., that property located in the 1100 Block of Syracuse Avenue, N. W., described as Lots 11, 12, 13, 14 and 15, Block 21, Bughy Land Company, Official Tax Nos. 2130510, 2130511, 2130513 and 2130514, be rezoned from RD, Duplex Residential District, to HG-1, ~eneral Bestdential District, recommending that the request be denied: 'August 16, 1973 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlemen = The above cited re,est was considered by the City Planning Co~mission at its regular meeting of August 15, 1973. Mr. Hart, attorney for the petlttoner, appeared before the Planning Commission presented pictures and a floor plan o£ the property and stated the following information concerning this petition: that the petitioner tS an individual wishing to build so~e quality apartments to fill a need in this area and that the apartments he proposed to construct will he very attractive and rent from $90.00 to $130.00 per month. that Mr. Weld, the petitioner~ owns five 50~ lots, with his home located /n the center of these lots and that he would'build apartment units on both Sides of his h~ne, with off-street parkLng. Mr. Marshail Mundy, representing the residents of the area ~n opPesition to this request, appeared before the PlannLng Commission and'presented a petition containing the names of ten property owners living in 'the 1000 and 1100 Blocks of Syracuse Avenue, N. W., stating their opPesit~on to this rezoning, which is all of the property Owners in these two . blocks with the exception of Mr. and Mrs. Waid. He stated that the property owners are not op~sed to duplexes being Built on this pruperty but that they do not wish multi-family apartments to be built there because of the tremendous increase of traffic flow this would cause in the neighborhood, that Syracuse Avenue is a dead-end street and that this rezoning would seriously devalue the existing properties and destroy . the atmosphere of the neighb~rhood. The Planning Director stated that the' area is presently zoned for duplexes now and that the area should remain in its present residential character. A~ter much disc~lssXon by ~he Plann~lg Comm~ssion members, Xt was agreed that ~18 ~ea 8~uld ~ kep~ Xn its p~es~b ~esiden~Xal character. ~co~lngly, ~lon ~s ~de~ duly se~nded ~d app~ved~ rec~nd~ng ~ city co~cil ~a~ ~ls :eques~ be denied. Sincerely, S/ He~ B. ~ton by ~ Hen~ B. ~ton In ~is conne~tlon~ a c~i~tion fr~ ~. ~oh ~. Hart, Atto~ey~ representing ~. Waid~ r~uesting ~ssion to withdraw ~ petition !o= rez~ning was ~fo~ Dr. Taylor ~ved ~at Coucll con~ in ~ request for ~sston to wl~aw ~i ~tition for rezoning. The ration was se~nded by ~d ~ani~usly adopted. ZONI~G~ Th~ City ~laning (=ssion s~tted a writta rt~rt in co~ection wi~ the r~est of ~. J. I. Cante~bu~, Attomey, representing ~e ~anoke ~ea ~io~lation for Retarded Chll~en, In~o~ated~ ~at 1~.979 acres of land, ~re or lees, descried as Official Tu No. ~250101, located on ~e not.west side of Oakl~d ~ulevard, N. W., adjacent to ~d not.easterly from ~d Hill ~l~ta~ S~h~l, b~ ~ezoned from ~-3, Slngle-F~ly ~sldential District, ~o C-l, Of/ic~ ad Institutional District, recomending ~at a certain zoning text change ~ ~de to ati~l~ IV, Section 5~ Paragraph 2 ad to ~ticle ~I of ~e Zoning Ordh~ce. In ~is co~ection, ~. C. G. Thurston ap~are~ before Cocci1 an~ rea~ a prep~e~ s~t~t in op~sit~on to ~e reco~n~at~on of ~e City Planning c~ssion, suggesting ~at Co~c~l consider a ruling or Or~n~ce ch~ge ~at ~uld prohibit 'railroading~ of' ~y ~t~ effect~g a group of cltiz~s wi~out adequate not~ce to en~le ~e d~crat~c presentation of all s~des, adv~s~g ~at it is not proof or fair ~at a citlz~ living in ~ est~li~he~ residential area ~uld be re~re~ ~ defen~ ~e retention of such ~ong est~llshed zoning -- ra~er ~ose seeking to ch~ge such zoning shoul~ sh~ ~e necessity for ~filtrat~ng ~n ~ effort to upset a residential area est~l~she~ ~ built up by ~a t~es of area resld~ts, in ad~itlon to reducing ~e value of s~ro~g property wi~ a ~ free ~stitution, raising the ~est~on as ~ why eve~ ~ffort should not be place~ on cons~ucting ~s ~nstltution on 1~ already r~ve~ from ~e tax rolls ~ ~at ~f no~ng else, Co~cll must at least set ~s ~tter aside ~t~l all of ~ose conceded have had oppor~ity to prepare ~elves ~ ~eir co~sel as Well as ~ose seek~g to t~e away some~g of val~e fro~ ~ area ~at ~s ~ older, well est~lishe~ residential neig~rh~. ~. J. R. ~terb~, Atto~ey, representing ~e ~m~oke ~ea ~soc~atlon of ~rde~ ~, Inco~ratea, appeared before' ~cil ~n '97 support of the request o£ hie client, end advised that upon learning there was certain misinformation, go~f~g on in the neighborhood, he set up a meeting at the Round Hill Elementary SchOOl where.residents of the area were notified to attend in an effort to better eXPlain th~ proposed plans to them, that approximately 75 persons from the area were in attendance at that meeting end that thls site was selected by a special committee Of the Rotary Club as .being the most desirable site after reviewing sites located throughout the entire valley. After a lengthy discussion of the matter, Hr. Hubard n~ved that Council set a public hearing for 7:30 p.m., Monday, September 24, 1973, on the matter of a zoning text change to Article IV, Section 5, Paragraph 2 and to Article XVI, of the Zoning Ordinance and that the request of the Roanoke Area Association for Retarded Children, Incorporated, to rezone the abovedescrib- ed property be tabled indefinitely. The ~otion was seconded by Hr. Garland and u~anJ~ously adopted. P~PO~TS OF COP~4ITTEES: AIRPORT: The Airport Advisory Co~m/ssion sub~/tted the followlng report in connection with a short term parking lot at Roanoke Munlcipal (Woodr~m) Airp~rt~ a restudy of the airport ~aster plan as it relates to the air cargo facilities~ and a study of land requirements for the airport: 'August 20, 1973 Honorable Mayor and City Council Roanoke, Virginia Gentlemen = On MOnday, August 13, 1973, the Airport Advisory Com~ssion met in regular session to discuss several Airport related matters. The first item on the Agenda related to the Airport parking lot concessionaire. I. T. T. Corporation, through its attorney, Mr. ~/chard Pence, presented a proposal to the Co~=n~ssion requesting perm~sslon to incorporate within the existing park- ing lot an area for short term, close in, prendtun priced parking. Short term parking spaces of this nature have been in popular demand at various airports about the country. The I. T. T. Corporation would make the necessary revisions to the curbing and to the parking lot to perm/t the division o~ the existing parking lot into two areas so as to provide approximately 130 short time parking spaces in the forepart of the parking lot close to the te~nL~nal building. Two additional access entrance- ways would be constrmcted into this parking lot and the main parking lot. It WOuld be proposed that patrons utillztng this short ter~ parking lot would pay 25¢ for the first hal£-hour with an addi- tional 25¢ for each half-hour thereafter, however with a daily ~ax~um of $2.50. The I. T. T. Corporation also requests that the daily rate for the main parking lot be increased frem $1.50 per day to $1.75 per day. The increased rates would result in a yield to the City of approximately $22,000 additional per year while the construction necessary to modify the exist~g parking lot wo~t~d cost I. T. T. Corporation apprux~mately $35,000. As a condition of making the revisions to this parking lot, I. T. T. Corporation would request that the City of Roanoke' extend their existing parking lot contract, which is'a very favorable contract to the C£~y, for an additional five years beyond the time it is scheduled to ter~nate on Ju~e 30,-1974. Your Airport ~visory Com=h%ssion, in view of the airport expansion program, voted unanL~ously to teen--end to City Council that the Council accep~ ~ha proposal ot~ I. Y. ~. Co~a~lon gr~ ~ls five ~a~t~n_~ ~el~'con~act ~l~ ~a atipul~- tion ~t ~ ~ '~heCess~'revlsl~s to' ~rate ~e ~ve ~ a ae~ l~on~~ ~a~ ~e ~rt ~vlso~ ~ssion ~usly re~d~a~t-Cl~ ~cil be asked to ob~ln a pro- ~sal f~ ~al~rt;'-~d ~soclates, ~e city's ~t wl~ res~ct to ~e ~;c~go facilities nd ~at ~is stay ~e into consideration ~e'~ssblllty of ~cludlng ~ air cargo facilities span'in ~e uee of ~e ~lst~g aviation ~ger developing; It Is felt ~et ~e cargo facilities should ~ closer to ~at te~al building. was also EeC~nd~ that City Co~cil ask ~e consulters to study l~d r~ir~ts for ~ Alert ~d to fecund to ~e Co.oil vhich areas aze ~st needed for orderly e~sion ~velo~ent tct. S/ ~es O. Trouk J~es O. T~out, Ai~r~ Adviso~ Co~ssion' ~. Richard F. Pence, Atto~ey, ~ep~esenting I. T. T. Cons~er Semites Co.ration, appeared ~fore Co~cil in supper o! ~e pro~al his client to construct a short te~ ps,kin9 lot ~hich ~ill cost approxi~tely ~3~,000.00 conditioned upon ~e request ~at ~e City of ~oaoke extend ~e exist- in9 ps.kin9 lot con.act ~i~ I. T. T. for a period o[ five year~ ~d ~inted out ~at over ~e first t~o years of ~e present contract, his client lo~t ~60,000.0, due to illegal parkin~ at ~e Also ~ith reference to ~e ~tter, ~. F~ed L. Hoback, Atto~ey, representing ~e lllright Parkln9 C~y, lnco~rated, appeared ~fore Co.oil and ~tated the oppsitioa of his client to ~e p~o~sal ~e I. T. T. Co~oration , advlsin9 ~at it is his contention ~at in ~e past ~e franchise for operating ~e auto~bile parking lot at ~e ain,t has been placed on a co~etitive bidding statu~ ad in ~e past ~ealed bids have been s~tted to ~cil, ~at ~e ~ntract vhich ~as a~arded to I. T. T. Cons~er Silicas ~ration ~as for a five y~a p~ri~ ~hich ~ires on J~e 30, 1974, ~at in ~e original lease ~e~e is no provision for ~tmsion o~ ~is tMe period ~d ~at ~a objection of his clien~ is ~at i~ is mfalr to o~er competitive bidders to allo~ a five yea~ extension o[ a parking [~achise contract vi~out ~e op~rt~ity of new bids ~d p~sals for ~e operation of said parkin~ lot. The City Atto~ey ~inted out ~at legally ~e ~isting contract wi~ I. T. T. Cons~er Se~ices Co--ration could not be ext~ded beyond J~e 30~ 19~4, according to City Chart~ provisions. ~. ~sk ~ ~ved ~t ~e re~rt be referred back to ~e Alert Advi=o~ ~ssion for f~ consideration based u~n info~tion which was not avail~le to ~e co--tree at~ ~e t~e it ~de its rec~n~tion to Co~cil. ~e ~tion was seconded by Dr. Taylor ~d ~usly adopted. UNFINISHED BUSIHESS~ HO~SING-SLUMCLEAI~aNCEz Council at ~ts m~et~u~g on~onday, AugUst 6t 1973, having deferred action o~a request of the C~ty of ~nanoke Redevelop- ment a~d Housing Authority in co~nection with ~ncreasing costs a~d proposed cha~ges to the Downtown East Redevelopment Project, the ~atter was again before the body. Mr. Edward H. Ould, Member of the Board of Trustees of Roanoke College, Member of the Executive Committee of Roanoke College and Member of the Budget Committee of Roanoke College, appeared before Council and advised that Roanoke College owns fifty-five per cent in the Downtowner Motel and the Elmwood Diner properties, that the income from that ownership Is ~mpertant toward supple- menting the fees and services to certain students at Roanoke College, that it is the unan~unous Judgement of the Executive Co~tttee of Roanoke College that it is in the best interest of the College to retain this property a~d that he sees no compelllng urgency for acquisition of the Elmwood Diner property. Mr. Frank W. Rogers, Sr., Attorney, representing the Hammond interests, appeared before Council and pointed out that the whole matter could be put in a clearer prospective, that he can understand why the Housing Authoritywante the Ha~nond property due to the frontage on Jefferson Street, that the more frontage there ~s, the more it adds to the value of other property and that the fair market value of the Hammond property will not compensate his clients. Mr. Lick expressed the opinion that the project is in the bestinterest of the total community and that Council will raonitor this project very closely to make sure that the various parties are properly protected. Mr. Lisk than offered the following Resolution: (~21092} A RESOLUTION approving a certain Amendment, being Amendment NO. 1, to the Redevelopment Plan for the Downtown East Redevelopment Project, Project No. VA. R-42, located in the southeast section of the City of Roanoke, Virginia, enlarging the boundary of the redevelopment project, changing permitted land uses, parking requirements and buildlng location require- ments, and making new provisions for air rights, for historic preservation of the No. 1 Fire Station site and buildlngs, and provision for ~nderground utility lines and facilities. (For full text of Resolution, see Resolution Book NO. 38, Page 376.} Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the follewing vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, and Mayor Webber ..... NAYS: None ........................................................0. (Messrs. Thomas and Trout absent) iO0 Hr. Lisk then offered the following emergencY Ordinance with reference to the cooperation agreementz (J21093) AH ORDINANCE authorizing the cityOs execution of a Revised Cooperation Agreement with the City of 1~oanoke Redevelo~nent and Housing Authority, carrying-into effect an Amended Redevelopment Plan for the city designated 'Redevelopment Plan for the Downtown Hast Redevelopment Project, Project No. VA. R-42t Revised Februa~, 12, 1973tn to supersede the Cooperation Agreement heretofore authorized by Ordinance No. 18045~ setting out the city's obligations with respect to said Project, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 378.) Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor and Mayor Webber ....... NAYS: None .........................................................0. (Messrs. Thomas and Trout absent) CONSIDERATION OF CLAIMS = NONE, TNTBODUCTZON AND CONSIDERATION OF ORD~}~a~NCES AND ~ESOLUTIONS= BUDGET-REVENUE SHARING: Hr. Lisk offered the following emergency Ordinance transferring $560,848.00 from Revenue Sharing Trust to Personal Services u~der Sectioo ~45, 'Police Department,' of the 1973-74 Apgrupriation Ordinance: (%21094) AN ORDINANCE to ~-mend and reordain certain sections of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 38, Page 38§.) Hr. Lisk moved the adoption of the ordinance. The motion was seconded by Hr. H~bard and adopted by the following vote; AYEs: Messrs. Garland, Hubard, Lisk, Taylor and Mayor Webber ....... NAYS: Non e ........................................................ 0 (Messrs. Thomas end Trout absent) Hr. Lisk then offered the following emergency Ordinance decreasing Personal Services u/ldsr Section %4S, =Police Department,' o£ the 1973-74 budget by $560,848.00: (%21095) AN O~D[NANCE to emend and reordaln Section ~45, 'Police of the 1973-74 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 38, Page 385.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded Mr. Garland and adopted by the follow/rig vote: AYES: Messrs. Garland, Hebard, Lisk, Taylb~and Mayor Webber ........ NAYS: None .......................................................... 0. Thomas and Trout absent) ZONING: COu~cl! having directed the City Attorney to prepare the proper measure granting re¥ocable~ non-transferable permission to Willie A. Cart to pUrsue the hc~e occupation o£ servicing Citizen Band Radio units upon pre- raises located at 1145 Kerns Avenue, S. W., known as Lot 39, Block 30, Nap of Wasa Corporation, offical Tax No. 1231937~ upon certain terms and conditlons~ he presented samel whereupon, Dr. Taylor moved that the following Ordinance be placed upon its first reading: (~21096) AN ORDINANCE granting revocable, non-transferable permission to Willie A. Cart to pursue the ho~e occupation of servicing Citizen Band Radio units upon premises located at 1145 Kerns Avenue, S. W., known as Lot 39, Block 30, Map of Wasena Corporation, Of£1cial Tax No. 1231937, upon certain terms and conditions. WItEP. EAS, Willie A. Carr, owner Of the property or premises herein- after described, has requested that he he permitted to pursue a certain home occupation in the nature of servicing Citizen Band Radio units on the hereinafter described premises, and u~on consideration of the r~quest and pursuant to the provisions of Paragraph (h), of Subsection 17, of Sec. 79.1, of Chapter 4.1 of 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 permit the pursuit of such home occupation upon the ter~s and conditions herein contained. THERt~FORE, BE IT ORDAINED by the Council of the City of Roanoke that permission be, and is hereby granted Willie A. Cart, owner of the premises located at 114~ Kerns Avenue, $. W., known as Lot 39, Block 30, Map of Wasena Corporation, Official Tax No. 1231937, to temporarily pursue and carry out the home occupation defined as servicing Citizen Hand Radio units upon the above-described premises, such pursuit to be governed strictly by each of the provisions Of Subseciton 17, Home occupation, of Sec. 79.1, Interpretation o6 certain terms and words, of Article XVI, Chapter 4.1, o6 Title IV, relating to Zoning, of the Code of the City o6 Roanoke, 1956, as amended, and particularly in accordance with Paragraph (h) of Said Subsection 17, which reads as follows, viz.: (h~ Prov.ided, bower.er, that the term home occupation o~y xnclude actxvities in the natUre of repaif television receivers and repair of fractional horsepower motors, provided that such activities: (l} Are limited to basements or garages, {2) Involve no employees, (3} Are limited to normal daylight hours, (4} Involve no advertising signs on Or off the premises, (5) Involve no wholesale or retail sales ~rom or upon the premises, 101 102 and provid.ed, fuzther, ,.that permiesion £°r cazryin~ on any such activities shall be granted solely at' the pleasure o£ the Council, any such.~ermiSsion being in the nature of a temporary revocable and nothing contained in this section ahell be eon- strued to establish In any such permlttee a right in his premises to c~rry on any such activity as a non- conform/ng use tulder this chapter~ the permit herein granted to be non-transferable and revocable at the will of the City Counuil, it to be ag=eed by said per~ittee as evidenced by his execution of an attested copy of this ordinance, that said perml%tee expressly consents hereto and agrees, in consideration of the permit herein temporarily granted, that neither he nor his heirs, successors or assigns shall, by the pursuit of the activity herein authorized, establish a right in his premises to carry on such activity as a non-confor~Ling use under the City's aforesaid zoning regulations, and that, upon notice of revocation of the within permit, mailed to said permittee Or posted on the aforesaid pre~/ses, said permittee shall, within sixty (60) days from the date of mailing or posting of such notice, cease said pursuit or cslling on such pre~/ses. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as an attested copy of this ordi- shall have been duly signed, sealed, attested and acknowledged by. said permittee, and filed in the Office of the City Clerk. T~e~tion was seconded by Mr. Lisk and adopted by the following Yore: AYES= Messrs. Garland, Hubard, Lisk, Taylor and Mayor Webber ......... 5. NAYS: None .................................................. 0 ........ o (Messrs. Thomas and Trout absent) CITY EMPLOyEEs: Cotulcil having directed the City Attorney to prepare the proper measttre to a~end Ordinance No. 20989, providing a System of Pay Rates and ~anges for the employees of the City Of Roanoke, by adding to Schedule 2 of said System of Pay Rates and Ranges a new code position for Manag~-ment Engineerl and providing the range and pay steps applicable to said new posltion~ and providing the effective date of the changes ordered, he pre- sented samei whereupon, Mr. Hubard offered the following emergency Ordinance= ($21097) AN ORDINANCE to a~end Ordinallce No. 20989, providing a Syste~ of Pay Ratss and Ranges for the employees Of the City of Roanoke, by adding to Schedule 2 of said System of Pay Rates and Ranges a new code position for Manage- ment Englneer~ and providing the range and pay steps appllcable to said new position; providing the effective date of the changes herein orderedl and providing for an emergency. (For full text of Ordinance, see 'ordinance Book No. 38, Page 386.) }tr. Mubard ~oved the adoption of the Ordlnallce. The motion was seconded by Mr. Lisk and adogted by the foll~wing vote= AYES= Messrs. Garland, Nubard, Lisk, Taylor and Mayor Webber ........5. NAYS: None 0 (Messrs. Thomas and Trout absent) SIGNS-SPECIAL PBPJ4/TS~ Council having directed the City Attorney to prepare the proper measure granting revocable, non-transferable authority to Turner Memorial Baptist Church to maintain certain directional signs on the right of way of Memorial Avenuet S. W. t at P~)anoke Avenue, S. W., and on the right of way of Boulevard Street, S. W., at Patterson Avenue, S.W., upon certain terms and conditions, he presented same~ whereupon, Dr. Taylor ~oved that the following Ordinance be placed upon its first reading~ (~21098) AN ORDINANCE granting revocable~ non-transferable authority to Turner Memorial Baptist Church to maintain certain directional signs on ths right-of-way of Memorial Avenue, S. W., at Roanoke Avenue, S. W., and on the right-of-way of Boulevard Street, S. W., at Patterson Avenue, S. W.~ upon certain terms and conditions. WHEP. EAS, Turner Hemorial Baptist church, located at 2202 Roanoke Avenue, S. W., has requested through the City HAnager that it be pe~tted to erect and maintain a certain directional sign on the right-of-way of Hemorial Avenue, S. W., at Roanoke Avenue, S. W., and a certain directional sign on t.h.e right-of-way of Boulevard Street, S. W., at Patterson Avenue, So W., for better identification of the location of said church~ and upon consideration of the request and pursuant to the authority vested in local governing bodies by Chapter 10, Title 15.1 of the 1950 Code of Virginia, as amended, this Cou~cll is agreeable to said church~s proposal and is willing to permit the erection and maintenance of said signs on said street right-of-ways upon the ternm and conditions herein contained. THEREFORE, BE IT ORDAINED by the Council Of the City Of Roanoke that perndsslon be and is hereby granted Turner Memorial Baptist Church to erect and to temporarily ma~ntaLn a painted m~tal directlonal sign, bearing the words 'Turner Memorial Baptist Church' and displaying an appropriate dlrectlonal arrow, on metal pests or standards, within the southeasterly portion of the right-of-way of Memorial Avenue, S. W., at Roanoke Avenue, S. W., end to erect and tem~orar£1y maintain a painted metal dlrectional sign bearing the words 'Turner Memorial Baptist Church' and displaying an appropriate dlrectlonal arrow on metal posts or standards within the northwesterly portion of the right- of-way of Boulevard Street, S. W., at Patterson Avenue, S. W., each such sign to be approved as to n~aterials and design by the City Hanager, who shall designate the locatlons at which each such sign shall be erected, each such sign to be properly and safely maintained at the expense of said church, in accordance with requirements of the City Manager and with such of the C/ty's regulations and requirements as may be applicable theroto~ the maintenance of the aforesaid signs to be subject to the 1/~nitatlons contained in SS15.1-376 of the 1950 Code of Virginia, as ~mended, and the per~t herein granted to be non-transfereble and revocable at the will of the City Council or the City Manager, it to be agreed by said church, as evidenced by its execution of an 103 attested copy of this ordinance, that said church consents hereto an~ agrees tO lnde~nify end save ha~less the City of P~noke of end frc~ all claims for injuries or damages to persons or property that may in any manner arise by reason of the existence of either such sign! end that, upon notice of revocation of the within permit, mailed or othez~eise delivered to said permittee, said permittee shall forthwith remove each such sign from said street right-of-ways at no cost whatsoever to the City or, in lieu of such notice, the City shall have the continuing right to remove either or both said signs at any tt~ne, in the sole discretion of the City or said City Hanager. BE IT FURTHER ORDAINED that the provisions of this ordinance shall not become fully effective until such time as a written permit shall have been issued by the Cltyte Building C~mmtssioner to the aforesaid church or its duly authorized contractor Or representative, approved as aforesaid by the City Hanager, permitting the aforesaid erection, and until an attested copy of this ordinance shall have been duly signed, sealed and attested on behalf of t'u~ner Memorial Baptist Church and shall have been filed in the Office the City Clerk. The motion was seconded by H~o Lisk and adopted by the follcaeing vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor and Hayor Webber ...... NAYS: None ........................................................ (Nessrs. Tho~s and Trout absent) BUSES: Council having directed the City Attolmey to prepare the proper measure amending paragraph (1] off the contract dated August 1, 1951, between the City of Roanoke and Roanoke P~ilway & Electric Company and Safety Motor Transit Corporation, relating to public bus transportation, so as to provide for payment by the city to Roanoke City Lines, Incorporated of certain sums, monthly, over a peried co~encing July 14, 1973, he presented sa~e~ whereupon, Mr. Garland offered the following emergency Ordinance: (t21099) AN ORDINARCE condit£onally amendlng paragraph (1) of the contract dated August 1, 1951, between the City Of Roanoke end Roanoke ~ailway Electric Company and Safety Motor Transit Corporation, relatlng to publlc bus trans~ortatlon, so as to provide for payment by the city to Roanoke City Lines, Incorporated, of certain sums, monthly, over a perlo~ commencing July 1973~ a~d providlng for an (For full text of Ordinance, see Ordinance Book NO. 38, Page 386.} Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Bubard and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, and Mayor Webber ......5. (Messrs. Thomas and Trout absent} SCHOOLS~ Council having directed ~he C~ty Attorney to prepare the proper~easure reco~nizing ~e p~lic se~lces of ~e ~no~le Y. T, ~re as a ~er of ~e ~oke CL~y Sch~ ~ard~ he presented s~ wh~reu~n~ ~. H~ar~ of~ere~ ~e foll~ng ~solutionz ([21100) A ~OL~ION reco~izing ~e p~lic se~lces of ~e Honorable T. T. ~re as a m~r of ~e Sch~l ~ard of the Cl~y of ~oke. {For full text o~ Resolution, see. Reso~utlon ~k No. 38, Page ~. H~ard~ved ~e adoptionof ~e Resolution. The ~tion was seconded by ~. ~sk ~d adopted ~ ~e full,lng vote~ AYESt Messrs. Garl~d, H~ard, Lisk~ Taylor and ~yor Weber ..... ~YS~ None ....................................................... 0. (Hessrs. Th~s and ~out ~sent) S~: Co~c~l having directed ~e City Atto~ey to prepare ~e pro~r meas~e reco~izlng ~e p~lc se~lces of ~e Honorgble He~ H. Pevler as a m~er of the School B~rd of ~e City of Roanoke, he presented s~e~ where- u~n, ~. H~ard o~fered ~e foll~ing Resolution: (%21101) A ~SOL~ION reco~izlng ~e p~lic services of the Honor~le He~ H. Vevler as a ~er of the Sch~l ~ard of ~e City of ~anoke. (For full text of Resolution, see Resolution B~k No. 38, Page 389.) ~. H~ard ~ved ~e adoption o~ ~e Resolution. The ~tlon was seconded by ~. Lisk and adopted by ~e roll,lng AYe= Messrs. Garbed, H~ard, Lisk, Taylor and ~yor Webber ..... 5. ' ~YS= None 0 ....................................................... (Messrs. Th~s and Trout ~sent) S~= Co~c~l having d~rected the City Atto~ey to prepare ~e pro,er meas~e recognizing ~e p~l~c Se~ices of ~e Honorable C. E. Norris as a m~er of ~e School Board of ~e C~y of Roanoke, he presented s~e~ whereu~n, ~. H~ard offered the foll~in~ Resolution= (~2~02] A ~SOL~ION reco~z~ng ~e p~1~c se~ices of ~e Honor~le C. E. Norris as a m~er of ~e Sch~l Board of the City of ~anoke. (For full text of Resolution, see Resolution B~k No. 38, Page 390.) ~. H~ard moved ~e adoption of ~e Resolutio~. The ~t~on was seconded bye. L~sk ~d adopted by ~e full,lng A~: Messrs. G~l~d, H~ard, Lisk, Taylor ~d ~yor Webber ........ NAYS: None ......................................................... (Messrs. ~s and ~out ~s~t} BUSES: Cocci1 having directed ~e City Atto~ey to prepare the ~ro~er meas~e au~or~z~g ~d directing ~ ~n-de~ ~a~ys~s o~te~ative ~ree.pursu~t to ~e ~oke Regional ~ea Tec~ical Tr~s~t Study being ~der- ~en for ~e city by Wilbur S~ and Associate~, Consulting ~glneers and Pliers, he presented s~e~ whereu~n, ~. Lisk offered ~e foll~ing ~solution= 105 (J21103) A RF, SOMYT~OH authorizing and directing an in-depth analysis of Alternative Three pursuant ~o ~e ~oke ~lonal ~ea ~ec~lcal ~sl~ Study ~g ~de~ for ~e city by Wilb~ S~ ~d ~sociates~ ~nsulting ~gineers ~d (For full text of ~soluhlon, see Resolution ~k No. 38. Page 391.) ~. ~sk ~ved ~e adoption of ~e ~solution. The ~ion was seconded by ~. Garl~d and adopted by ~e roll.lng A~S~ ~ss~s. Garl~d, H~ard~ ~sk, Taylor ~d ~yor W~r ....... 5. ~YS ~ None ......................................................... 0 (~essrs. Th~s and ~out ~sent) ~IONS ~ MIS~S BUSI~SS~ ~ClL= ~. ~sk called to )rob~ly w~ll not be a quo~ of Cocci1 present on ~nday, Sept~er 17~ 1973, ~ order to conduct ~e re~larly scheduled meeting for ~at date since ~st of ~e m~ers of Co~c~l will be articling ~e V~rgin~a H~c~pa[ ~a~e Conventio~ ~ Norfolk, Vlrginia~ however, it will present at 2 p.m., on said date to call ~e roll ~d to certify ~at a quo~ failing to appear, ~e meeting was There being no f~er business~ ~yor Webber declared ~e meeting adjo~ned. APPROVED A~E S T =~ Deputy City Clerk ~yor COUNCIL, REGULAR MEETING, ~onday, August 27, 1973, The Council of the City of Roanoke met In regular meeting In the Council Chamber in the Municipal Building, Monday, August 27, 1973, at 7:30 p.m., the regular meeting hour, with Hayer Roy L. Webber presiding. PP~SENTz Councilmen Robert A. Garland, David K. Llsk, Noel Taylor, Hampton We Thomas, James Oo Trout and Hayer Roy L. Webber ......... ABSENT: Councilman William S. Hubard ........................... OFFICERS PRESENT~ ~tr. Byron E. Haner, City Hanager$ Hr° Samuel H° McGhee, III, Assistant City Manager~ Mr. James N. Klncanonf City Attorney; Mr. H. Ben Jones, Jr., Assista~t City Attorney~ a~d Mr. A. N. Gibson, C~ty Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Btehard A. Giessler, Pastor, College Lutheran Church. MINUTES= Copies of the minutes of the regular meeting held on Monday, August 13, 1973, and the regular meeting held on Monday, August 20, 1973, having bee~ furnished each m~er of Council, on motion of Mr. Thomas, seconded by Mr. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. ~J%RING OF CITIZENS UPON PUBLIC MATTEP~: Sh~EI~ AND STOR~ DRAENS~ Pursuant to notice of advertisement for bids on cleaning, testing and grouting sewer lines, said proposals to be received by the City Clerk u~til 2 p.m., Monday, August 2?, 1973, and to be opened fore Council at ?=30 p.m., on said date, Mayor Webber asked if anyone had any questi~ about the advertise~nent for bids and no representative present raising any question, the Mayor ~nstructed the C~ty Clerk to proceed with the opting of the bids; whereup~ the City Clerk opened and read the one bid received from R. E. Chakales ASsociates, Incorporated, tn the ~mount of $168,570.00. Mr. Thomas moved that the bid be referred to a con~n~ttee to be appointed by the Mayor fo= study, report and r~commendatlon to Council. The motion was seconded by Dr. Taylor and unanimously adopted. Mayor Webber appointed Messrs. Byron E. Haner, Chairman, Samuel H. McGhee, III, and J. H. Brewer as members of the committee. ZONING: Council having set a public hearing for 7:30 p.m., ~onday, August 2?, 1973, on the request of Collegiate of Virginia, Incorporated, Ms. E. Rebecca Comer, Ms. Anne E. Marsteller and The Glorto~s Church of God in Christ that property located in the 1800 block of Loudon Avnue, N. W., des- cribed as Lots I - 8, inclusive, Block 30, Map of Hyde Park Land Company, be rezoned from HG-1, General Residential District, to LM, Light Manufactur£ng District, the matter was before the body. In this connection, the City Planning Co~miss~on submitted the following report recd--ding that the request be approved: 107 ,ns · :[o8 'August 1, 1973 The Honorable ~oy L. webber, ~ayor Roanoke, Virginia Gentleman ~ The above cited r~quest was considered by the City Planning Commission at both its regular meetings of July 18, 1975, and August 1, 1973. At the July 18, 1971, meeting, Hr. Osterhoudt appeared before the Planning Commission and stated the following infor- mation pertaining to this pet!tlon~ that his clients own fou~ lets in this blo~k and have an option to purchase the remaining lnts and that they also OW~ a portion of the property immediately across the street fram this property where they presently have a manufacturing business on the site; that this company is a sttbsidiary of Ltttlefield, Adams & Company and that they would use this property for manufac- turing, storing end shipping of fabric end ~aterials and conducting screen printing end sewing, the same functions they are carrying out now end that Collegiate of Virginia, Inc., is engaged in the ~aking Of T-shirts, sweatshirts, rental uniforms, banners and Other items of this nature. Hr. Osterhoudt stated that they have expanded their business as much as possible at their present site end that their employ- ment has gro~n £rom 12 to 40 persons and that they plan to expand again if this rezoning is granted. They will have all sewing and manufacturing at the old plant, he noted, and would use the future site for warehousing, shipping and storage. He further stated that there was a possibility the company will be moving their headquarters here from California and Ohio and that in that case, the property would also be used for administra- tive offlces end they expected the employment to reach over people. He noted that the work would he entirely in an enclosed basis, with no offensive OdOrS. He further noted that the land is presently almost all undeveloped with just a small concrete building that was formerly a small church. He further noted that there would be no outside storage and that perking would be no problem with the increased land they have an option on. Hr. George Franklin, 1715 Loudon Avenue, N. W., appeared before the Planning Commission end stated that he had a petition from residences of the area containing approximately 50 names of persons in opposition to this rezoning. (The petition, in actuality, requests a delay in this rezoning matter until an e/lviror~ental impact study ca~ be done.) He further stated that the proposed rezoning is not compatible with the area and is of no benefi[ to the residences of the neighborhood. He noted that he felt an envlronmental impact study should he done of the area to determine if the plan is compatible with the approved plan for the area before this land or any other land is rezoned for llght manufacturing from a residential district. Hr. Franklin stated that Shenandoah Avenue is wide open for light manufacturing and that he did not feel that the light manufacturing distirct should be widened eny further on Loudon Avenue. Hr. Bradshaw asked what Hr. Franklln thought the lend should be used for. Hr. Franklin answered that it should be used for addltlonal residential construction, such as apartment houses, or that it be converted into a park with swlmaning pool and other recreational facilities of this nature for the residences of the neighborhood. Hrs. Watkins, Loudon Avenue, N. W., appeared before the Planning Commission and stated that she owned a restaurant in b~eeoS~a~_e b~l.ock~with the manufacturing company and that she would mmoseu =o ~ne construction of another restaurant on this propsrty, hut other ~ that, she would have no objections. Hr. Osterhoudt stated that there is a sewer llne runnlng through the middle of this entire block and that it wouZd be very expensive to develop this land for residential uses because the BE IT FURTHER ORDAINED' that the provisions of this ordinance shall not become fully effective until such tim~s aa a mitten'permit' shall have been issued by the City's Building Commissioner to the aforesaid applicant, or its duly authorized cun~ractor or representative, and until an attested copy of this ordinance shall have been duly Signed~ sealed and acknowledged by Lendyes Restaurants, and shall have been admitted to record, at the cost of said pe~ttttee, in the Clerkee Office of the Circuit Court o£ the City of Roanoke. The motion vas seconded by Dr. Tailor and adopted by the following vote: AYES: Hessrs. Garland, Huba~d, Llsk, Taylor, Thomas, Trout and Mayor Webber ...................................... 7. NAYS: None ...............-. ............. 0. I~)TIONS AND MISf~'JANEOUS BUSINESS: REGIONAL JAIL: With reference to the jail facility, Mr. Hubard presented the following ~. 'Ode To A Jail' Below here, lying flat on its back Are the remains of a fractured contract. We signed it and sealed it And then we up and repealed lt. Should we care for those well-guarded? What did we do for the mentally retarded? Sure we hear the cry of the wretched beasts. And we care enough to build the very least. So jailer turn the key And end this plaintful shout. Lock the rascals in Lock our nelghbors'out%' BUILDING DEPARTMENT: The City Clerk reported that' Mr, Frank Hamer has qualified as a member of the Board of Adjust~nents and Appeals, Building Code, for a term of five years' ending September 30, 1978. Mr. Lisk moved that the report be received and filed. The motion was seconded by Mr. Hubard and unanimously adopted. - There being no further business, Mayor Webber declared the meeting adjourned. V/~ A P P R O V E D ATTEST: Deputy City Clerk Mayor 217 l~ne would have to be converted to cast Iron pipe or s~ other City approved t~ conversion. He further stated that this pro- party ~ould be used for the exact same purpose as the ~anufacturlng co~r~any ac~oss the sZreet presently, nothing more and nothing less. The Planning Director appeared before the Planning Con~ls- sion and stated that all rezoning petitions are checked to note their conformance with Zhs Cltyts Nester Plan. He further noted that this area Is in transition and it is visibly apparent that it is becoming light manufact~ring in nature. He noted that Loudon Avenue - Wells Avenue is designate~ on the 1985 Major Thoroughfare Plan as being a ma]or truck route and that pro- perty along this route would eventually becc~ne entirely of a light manufactur~g nature and perhaps~ rightly so in light of the noise, smoke and other offensive characteristics associated with a truck route. It was pointed out that within the last five years, three parcels of land on Loudon Avenue have been rezoned to a light manufacturing designation. Finally, he noted that the homes fronting on Moorman Avenue are on a elevation than Loudon Avenue and that the slope makes an excel- lent natural barrier from the light manufacturing district. After much discussion by the planning Co~mn~ssion l~embers, it wes generally agreed that this item should be tabled until the next scheduled meeting of the planning Commission in order that the Planning Department can make a comparison of the names on the petition w£th the names of the persons adjoining the property that were contacted for this public hearing and to veri~y the land use designation for this parcel of land as delineated on the City's Master Plan. At the August 1, 1973, meeting of the Planning the Planning Director appeared before the Planning and presented a map delineating the location of the individuals who signed this petition and then went on to state that the 1964 }{aster Plem is a broad brush type of plan and delineates this area as residential in nature. It was, however, pointed out that this plem was adopted in 1964 prior to the designation of Loudon-Wells as a major tr~ck route end substantial changes have taken place in this general area since adoption of this Plan. The planning Director noted that some areawlde studies were done in connection with previous rezoning requests in this area and pointed out that the area generally fronting on Loudon Avenue should be industrial. Mr. Franklin, 1715 Loudon Avenue, N. W., again appeared before the planning Com~/sslon and stated when a Master Plan is draw~ up and approved that there should then be no changes made to the document. He further stated that the truck route has not been approved and any rezoning contrary to the Master Plan ~uld be illegal. Hr. Franklin noted that three people that had signed the petition asking for a closer study of this rezoning were present at this meeting In opposition of this rezonlng. Mr. Bradshaw stated that the petitioner's plan provides for Lndustrial expansion which would create more jobs for this area. He further stated that on revls£ting the site, he had noted that the area has not been fully ut£1ized and also that the residentlal lots are well above any operation of this factory. He noted that there were several conunercial uses of property on Loudon Avenue, a bu~[lding contractor's shop, paint store end shop, a Junk yard and restaurant were all located near this property and that he felt that the request to rezone this property is in keeping with the existing nature of this property. He further noted that he appreciated Hr. Franklin's viewpoint that the entire Loudon area could be better developed and this desire should be continued to ~mprove the area. Hr. Franklin stated that there were residences also on Loudon Avenue and that there was plenty of property already zoned light manu£acturing end that n° more should be rezoned. Seme Planning Comm~sslon members felt that this rezoning was in keeping with the character o£ the neighborhood while others felt that this property should remain in its present residential designation. Accor~ngly, motion was ~ade, duly seconded and approved with a vote of three (3) ayes and one (1) nay, recon=nendlng to City Council that this rec~uest be approved. Sincerely, S/ Henry B. Boynton by LM Henry B. Boynton Chairman' i09 H~th regard to the matter~ Mr. and Hrs. George Eo Franklin~ l?15 h0udon Avenue, N. W. ~ appeared before Council in opposition to the request for rezoning and made reference to previous rezonings in the area and possible m~suse of the Zoning laws as set forth in the Zoning Ordinance, advising that they are of the opinion that there is no need to rezone the block for the expressed purpose nor is it logical in that directly behind and adjoining the interested parties is a large vacant lot which is for sale and which is already zoned LH, that they contest the re'zoning on the grounds that people in the adjacent and surrounding areas are not and have not in the past been given enough details about the effects of rezoning and its intent and ptlrpose and that the rezon[ng would not promote the health~ comfortw morale, prosperity or general welfare of the neighborhood hut would only bring about profit for a company who chose to Buy lend that was not zoned for Intensive use in order to make a profit and that it is wrong to allow said company to make a profit solely on the public action of rezoning. ~r. Charles H. Osterhoudt~ Attorney, representing the petitioners, appeared before Council in support of the request of his clients, advising that the property in question would be used as warehousing facilities, that there will be no parking problems If his clients acquire all eight lots and requested that Councll take the necessary action in order to adopt the proposed Ordinance on first reading. After a discussion of the matter, Mr. Trout moved that Council con- cur in the recommendation of the City Planning Commission that the request for rezoning be granted and that the following Ordinance he placed upon its first reading: (S21104} AN ORDINANCE to amend Title XV, Chapter 4.1~ Section 2 of the Code of the City of Roanoke, 1956, as ~mended, and Sheet No. 221, Sectlonal 1966 Zone Map, City of Roanoke, in relation to Zoning. W~P~EAS, application has been made to the Council of the City of Roanoke to have Lots I through 8, incluslve, Block 30, Map of Hyde Park L~nd Company located on the northerly side Of Loudon Avenue, NW, in the 1800 Block being all the lots facing on Louden Avenue, NW, between 18th and 19th Streetsw NW, a~d having official tax nu~lbers 2210590 through 2210516, inclusive, rezoned from RG-1, General Residential District to LM, Light Manufacturing District. WH~I~EAS, the City Planning Conm~ssion has recommended that the hereinafter described lend he rezoned from RG-1, General Residential District to ~24, Light Manufacturing Distrlct= and ' WHEREAS, the ~-ritte~ notice and the posted si~n required to he published and posted, respectively,' ~y Section ?1, Chapter 4.1, Title XV, of ~he Code of ~he City of ~oanoke, 1956, as ~mended, relating to Zoning, have been published and posted as required and for ~he t~me provided by said sections and ~EREAS, ~he hearing as provided fo~ In said no,ice was held on ~e 27~ da~ of Au~s~, 1973, aL 7z30 p.m., before ~e ~cll op~rt~t~ to ~ heard~ ~ for ~d against ~e pro~sed rezoning~ ~, ~s Co~c~l~ after consider~ng ~e evidence as here~n prov~de~ Is of ~e opinion ~at the hereinafter ~escr~be~ 1~ should be rezoned. ~o~, BE IT O~AI~ by the Co~c~l of ~e City of Ro~oke that T~tle ~, ~apter 4.1, Section 2~ of ~e C~e of the C~ty of ~anoke~ 1956, as ~en~, re~at~ng to Zoning, ~ Sheet No. 22~ of ~e Sect~ona~ ~966 ~p, City of ~anok~, be ~ende~ ~n the foll~ng particular and no Property l~ated on ~e horsefly s~de of ~u~on Avenue, ~, ~n ~e 1800 Block being all ~e lots facing on ~udon Avenue, ~ between 18~ ~ ~9~ S~eets, ~, descried as ~ts 1 ~rough 8, inclusive, Bl~k 30, }~p of Hyde Park ~n~ C~y, ~es~gnat~ on Sheet 221 of ~e Sectional ~966 Zone ~p, City of Ro~oke, as Official T~ Nos. 22~0590 t~ough 22~05~6, ~nc~us~ve, be, ~ her~y change~ from RG-1, G~eral Resid~t~a~ District, to ~, L~ght ~ufact~ng D~str~ut, an~ that Sheet No. 221 of ~e aforesaid ~p be ch~ged ~n ~s respect. The ~t~on ~s Seconde~ by ~. L~sk ~ adopted by ~e foll~ng AYES= Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ 6. NAYS= None .................0. (Mr. Hubard absent) ZONING= Councll having set a public hearing for 7=30 p.m., Monday, August 27, 1973, on the request of Mr. Howard E. Sigmon that certain parcels of land located on the west end of Lansing Drive, S. W., containing approximately 2.2 acres, according to the ~p dated February 23, 1973, by C. B. Malcolm & Sons, S. C. E., be rezoned from P~-3, Single-Family Residential District, to RD, Duplex Residential District, the ~tter was before the body. In this connection, the City Planning Commission submitted the following report recommending that the request for rezoning be denied= ~July 19, 1973 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlomen= The above cited request was considered by the City Planning Com~/ssion at both its regular meetings of May 16, 1973 a~d July 18, 1973. 11.1. Ab the Hay, 16, 1973, meting, Kr. Slgmon appeared before the Planning Cc~mlssion and presented the members With a draft alte plan of the property in question. He noted thab he plans to use the parcel located on the south side of Lansing Drive for the construction of rye, three-unit apart- ment buildings and also that he plans"to build duplexes only on the north side of I~nsinq Drive. Hr. $19mon noted that he wishes to up~rade the value of the area because the homes located on Lansing Drive are very small, low-priced frame d~elltngs~ and that his proposed apartment buildings ~ould have brick exteriors. Hr. ~chae! A, Clay, 3804 Avenel Avenue, S. W., appeared before the Plan~lng Commission and presented.the Commission members with petitions carrying approximately 74 names of residents in the ~mmediate area opposed to the rezoning and also presented maps delineating the locatien of these hceneowners. He stated that the neighbors felt that this area was already densely ~opulated a~d that five acres had already been previously zoned for apartment useage and that the density of the existing apartments In the area was too high. He further noted that there was only one ingress and egress to this co~lex and that this street is a narrow one with On-Street parking and that there Is a great deal Of traffic already on this street end an apartment district rezoning would generate a great deal more traffic. It was also ~otnted OUt that the children living on Lansing Drive are playing in the streets now a~d that Mr. Sigmon~s plans did not call for a playground area for his apartments. Hr. W. C. Eddy, 2823 Northview Drive, S. W., appeared before the Planning Comm~ssion and stated his opposition to this rezoning, pointing out that the heavy traffic~ population density and the children playlng in the streets because of inadequate playgroktnd ~acilities ere elements that downgrade a neighborhood and make it unsafe for children. Mr. Bob Sears, 2818 AYenel Avenue, S. W., appeared before the Plan~ing Commission and stated that in a RG-1 zoning designation, 1800 square feet is required for each unit and that with the total square footage of these two pieces of property, Hr. SiTmon could construct as many as 50 units. He noted that this density was much too high for this area. Mr. W. R. Spain, 2?48 Lansing Drive, S. W., Mr. W. S. Gregory, 2814 Avenel Avenue, S. W., Hrs. Glenn Bransco~b, 2640 Northview Drive, S. W., Mrs. Hester Sweeney, 2?0? Lansing Drive, S. W., all stated their opposition to this rezonlng, caring the above reasons with emphasis on the safety of the children. After some discussion by the Planning Commission members, it was generally agreed that this propesed use was not in the best interest of the City and would have an adverse impact on the single-family character of the area and posed a safety hazard in terms of' additional traffic generatAon. Accordingly, motion was made, duly seconded and approved tlnan~ously reco~ending to City Council that this request be denied. A Public Hearing was subsequ~tly scheduled by City Council for June 25, 1973, to consider this rezoning petition. On June 14, 1973, however, Mr. Carter requested City Councll to amend this petition to a RD designation and return it agaln to the City Planning Co~m[ssion for their reco~endatAon. City Council concurred with this request and the matter was referred to the City Planning Comn~ssion a~d considered by thegn on July 18, 1973. At that meeting, Mr. carter appeared before the Planning Co~sion and stated that the OWner of the property, Rosalind ~c~nes, Incorporated, Was not represented by counsel at the last meetimg end that Mr. Sigmon had presented the petition. He further stated that Rosalind Homes, Inc., has sold this property to Mr. Virgil NoelA, who plans to utilize the two acres to con- struct nine duplex units. He noted that on the south sade, with a 300 loot frontage, would be constructed five separate duple~c ~we[1Ange and On the north sade, with approximately 240 foot frontage, would be constructed four duplex dwellings. Hr. Carter presented a plan to the Con~8$1on members delineating how the units will be situated on the property with oE£-streeh perking space8 provided~ that they were very atLrsct~ve duplexes and the monthly rent of t~hese units ~ould be al~roxhnately $175.00 per ~nth, ~hich ~ould be co~patible with the residences in the area. He further noted that the lo.er half of the exterior of the duplexes would be brick and the upper half would be aluminum siding type. He stated that this property is In close proxhaity to the Yorktown Apart- ments and would ~ake a good buffer zone between the apartment district and the single-fa~ly district. Hr. Bradshaw questioned Hr. Noell concerning the extent Of cutting and filling involved in the construction of these duplexes. Hr. Noel1 answered that two lots on the northerly side may have to be cut but he did not think that the property on the southerly side would have to be cut. Hr. M~chael A. Clay, 3804 Avenel Avenue~ S. W. ~ appeared before the Planning Ccm~nisslon and presented a map and petition with additional signatures of the neighbors who opposed this petition in addition to the petition previously presented in opposition to this rezoning. Se stated that there were many apartments now in this section that were sitting vacant and he did not see why any new ones should be constructed in this area. Hr. Bob Sears, 2818 Avenel Avenue, S. W.~ appeared before the Planning C~ssion and presented a petition representing 27 additional property owners located in the immediate area opposing this rezontng. Hr. W. R. Spain, 2748 Lansing Drive, S. W., appeared before the Plaruling Com~lission and stated that Lansing Drive doesn*t have any storm drains whatsoever and that Hud Lick Creek is at the end of L~stng Drive and there ts considerable flooding onto Lansing Drive now. Mr. Boynton noted that there were five citizens present at this meeting in opposition to this rezoning. After much discussion by the Planning Commission members, it was generally agreed that this area should be kept in its present slngle-family residential zoning designation. Accordingly, motion was made, duly seconded and approved lLnanimouely reco~u~ending to City Council that this request be denied. Sincerely, S/ Henry B. Boynton by LM Henry B. Boynton Chairman' Hr. Michael A. Clay, 2804 Avenel Avenue, S. W., appeared before Council in opposition to the request for rezoning and advised that the major objection is to the high density of apartments already in the area and that there is only one means of ingress and egress to the property Hr. Sig~on is seeking to have rezoned. Mr. W. R. Spain, 2748 Lansing Drive, S. W., appeared before Council in opposition to the request for rezoning and called attention to an increase in traffic on an already heavily traveled street. Mrs. Donald C. P~iney, 2?39 Northview Drive, S. W., appeared before Counc.~ in opposition to the request and expressed the opinion that there are already too many apartments in this area. Approximately fifty people were in attendance in opposition to the request for rezoning. 113 Nfo Claude D. C~cter~ Attorney~ representing the ~etltioner~ appeared before Council ~n support of the request o£ his cllent~ advising that the const~uction off the apartments will be compatible with other residences In the a. rea, and that he feels a property o~rner Is entitled to use his property and develop it to the best interest possible. Hr. Howard E. Stg~on appeared before Council and advised that these apartments will be attractive brick tmlts which will fit tn with the rest' of the homes in the neighborhood. After a discussion of the matter, Hr. Trout moved that council concur In the recon=nendatton of the City Planning Ccmn~isslen that the request for rezoning be dented. The motion was seconded by Mr. Ltsk and adopted by the following vote: AYES= Messrs. Garland~ Lisk, Taylor, Thomas~ Trout and Nayo~ Wehber ............................... 6 · NAYS= None ................0. (Mr. Nubard absent) AIRPORT= Council having awarded the contract for the non-exclusive aviation fuel service business et Roanoke Municipal (Woodr~m} Airport, for a two year period, to Air Transport Associates, Incorporated~ Mr. Glenn L. Nebrens, Presld~nt, Air -~ervices, Incorporated, appeared before Council and presented a con~unicat~on advising that the bidding criteria which was given to h~m.specifically atated a five year period, that since this contract has been changed to a two year period, he is Of the opinion that all bidders should be allowed to revise and resubmit new bids. Mr~ Trout e~l~lained that it is hoped to establish a fixed base operation at Roanoke Municipal (Woodrum) Airport before a five year contract would expire, that with that thought in mind, and ~ince Air Transport Associates, Incorporated, was the highest bidder~ were contacted to see if they would be willing to enter into a two year contract instead of the five year contract, that Air Transport Associates, Incorporated, was willing to accept the two year contract and pointed out that if Air Services, Incorporated, had been the highest bidder they would have been contacted in the same manner as was A~r Transport Associates, Incorporated. Mr. Garland expressed the opinion that ~n fairness to everyone concerned, all bids should have been rejected and the item should have been readvert[sed for bids on the basis of a two year contract. The City Attorlley po~l~ted out that it was generally felt that the term of the contract was not a matter that another bidder could have complained about and that it was something which did not damage the rights of the other bidders. After a discussion'of the matter, Mr. Thomas moved that the conununica- tlon from Air Services, Incorporated~ be received and filed. The motion was seconded by Mr. Trout and adopted, Hr. Garland voting no. PETITIONS AND COMMUNICATIONS8 BUDGET-SCHOOLS: A co~nunication frc~ the l~anoke City School Z3oard requesting that $31,02S,40 be appropriated to Tuition - Learning Disabled and Special Education under Section it?S0 of the 1973-74 budget of the Roanoke City School Board, advising that one hundred per cent of actual expenditures will be re~unBursed by the S~ate Department of Education, was before Council. . Hr. Llsk moved that Council concur in the request of the Roanoke City School Board and offered the follow~ng emergency Ordinance providing for the requested funds: (J21105) AN ORDINANCE to amend and reordain Section J2000, 'Schools Instruction,' of the 1973-74 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 38, Page 406.) Mr. Lisk moved the adoption o£ the Ordinance. The motion was seconded by Dr. Taylor and adopted by the followlng vote: AYES~ Messrs. Garland, Lisk, Taylor, Thomas, Trout and ~a¥or Webber .................................. NAYS: None ...................0. {Mr. S~bard absent) BUDGET-SCEOOLS: A co~untcat[on from the Roanoke City School Board requesting that $13,948.00 be appropriat~t to Adult Basic Education under Section %98000 of the 1973-74 budget of the Roanoke City School Board, advising that this appropri&tlon must be ~tched by local funds in the a~o~nt of $2,$00.00 which ~s to be transferred from Account 11-107 in the School Board budget and that one hundred per cent of actual expenditures will.be rei~bursed from federal funds, was before Council. Mr. Trout moved that Council concur in the request of the Roanoke City School Board a~d offered the following emergency Ordinance providing for the r~/ues ted funds: (%21106} AN O~DINANCE to amend and reordain Section ~98000, 'Schools - Adult Basic Education,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 406.) Mr. Trout 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 a~d Mayo= Webber ................................. 6. NAYS= None ..................0. (Mr. Hubard absent) BUDGET-SCHOOLS: A comunication from the Roanoke City School Board requesting that $22,500.00 be appropriated to Direct Instruction for Adult Learnlng rudder Section %99000 of the 1973-74 budget of the Rounoke City School Boardw advising that the appropriat£on must be matched by local funds ~n the 115 a~ount of $3,850°00 Yhich is to be transferred frc~ Account 11-107 In the School Board budget and t_hat one hundred per cent of actun! exl~nditu~es be rel~b~trsed frc~ federal funds, was before Councllo ~Lr. T~out moved t~at Council concur In the request Of the Roanoke City School Board and offered the following emergency Ordinance appropriating the requested fundsz (t21107) ~21 O~DII~NC~ to amend and reordain Section 199000, 'Schools - Direct lnst~uction for Mult ~enrnL~g,' of the 1973-74 Appropriation Ordlnunce, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 40?.) PLto Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: RYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and ~ayor Nebber ............................... ~. NAYS: None ................0. (~Lr. Hubard absent) SCHOOLS: A co~unication from Dr. H. D. Pack, Superintendent of Roanoke City Schools, advising that it is in the best interest of the Roanoke City School System to share a computer system with the city government since this gives beth parties greater capabilities at less cost than would two small computers and that this means that the school system has no plans to establish a separate computer facility, was before Council. Mr. Lisk moved that the co~=~nication be received and filed. The motion was ssconded by Mr. Trout and u~ani~ously adopted. TAXICABS: A co~unication from Mr. Wilbur L. Haslegrove, Attorney, transmitting copy of a co~m~nication from the Chief Stabilization Hanager, Internal Revenue Service, advising that the recently enacted Ordinance increas- ing taxicab ratss in the City of Roanoke is exempt from price control, was before Council. Dr. Taylor moved that the communication be received and filed. The ~otion was seconded by Mr. Trout and unan~unously adopted. JUVENILE D~TENT~ON HOME: Copy of Resolution No. 192 adopte~ by the Council of the City of Sale_~ on August 13, 1973, indicating the desire of the City of Salem to work with the City of Roanoke in an expansion of the City of Roanoke Juvenile Detention Home, was before the body. Dr. Taylor moved that the Resolution be received and filed. The iaotion was seconded by Mr. Thomas and unanimously adopted. TRAFFIC-PARKS AND pLAYGROUNDS: A communication from Mr. William B. Houck express~g his extr~_u~-~ opposition to the closing of Wiley Drive an~ advising that he is wholeheartedly ~n favor of consideration being given to the extension of Wiley Drive ~n connection with the ~se of the Walnut Avenue Bridge as an alternate solution to putting a bridge over the Norfolk and Western Railway Co,any tracks on Jefferson Street, was before Conncil. Nfo Thomas stayed that the co~.unication be referred to the City Manager for his ~fo~t~on ~d conside~ation. ~e ~tion vas se~nd~ by ~. ~out ~d ~usly adoptS. In this co~ection, ~s. GI~ A. Bransc~ ~epresentl~g ~e ~oke Bi~cle ClX, ap~ed before ~e ~y ~d praised Co~cil for providing a ~l~e place for ~ople to ride ~eir bi~cles, ~at since Co.oil adopted ~e ~solution t~artly clos~g ~e coaections of Wiley Drive to Fr~klin ~ad ~d ~ W~ona Avenue, S. W. ~ ~e traffic situation has d~pped tr~ndously ad ~t Coucil ~s'done a great se~lce to ~e cltizas of ~e ~uok~ Valley by closing ~ose ~ections to Wiley D~ive. ~AI~ Copy of a c~lcation ir~ ~. a. U. Pugh~ Jails Su~rlntendent, ~par~t of Welfare ~d Institutions, in connection with a ~utine ins~ction of ~e ~aoke City Oail on August 16, 19~3, was before ~. Garl~d ~ved ~at ~e c~lcation be received and filed. ~tion was seconded by ~. Trout and ~usly adopted. B~ET-G~S-~~S A~= The City ~ager s~tted a ~ltten re~t rec~ending ~at he be au~orized to execute appropriate fo~ for accep~ce of ~w ~forc~ent Grant NO. 72-~645 in order for ~e ~onweal~s Atto~ey to att~d ~e '~rial ~actics S~nar' ab ~e National College of District Attomeys at Sm Fracisco, Calilomia, advising ~at ~e ~t of ~e 9r~t is $810.00 wi~ $601.00 co. rig from federal fads ~d $~09.00 being provided locally in in-kind mtch ad lugger reco~endln9 $601.00 be appropriated to ~is 9r~b accost. a. Thas ~ve~ ~at Coucil conc~ in ~e re~rt of ~e City ~ager and offered ~e roll.lng ~ergen~ Ordlnuce appropriabing $601.00 to ~ucation ~der Section ~22, 'C~nweal~s Attorney,' of ~e 1973-74 budget ~ ([21108) U O~IN~ to ~end ~d reorda~ $ection i~2, 'Comon- wealths Atto~ey,' of ~e 19~3-~4 Appropriation Ordln~ce, ~d providing for (For full tex~ of Ord~ce, see Ordinace Mk No. 38, Page 408.) ~. ~s moved ~e adoption of ~e Ord~ce. The ~tioa was seconded by ~. Trout ~d adopted by the foll~in~ AYES: Messrs. Garl~d, Lisk, Taylor, Thoms~ Trout and Webber ............................... 6. ~YS: None .................0. (~. H~ard ~s~t) ~. ~o~s ~en offered ~e roll.lng ~solution au~orizing ~e acceptance, exertion ad fil~g of ~e 'Special Conditions for Action Grut Awards' wi~ ~e Division of :ustice ad Crhe Prevention for Action Gr~t NO. 72-A1645: 1'18 ([21109) & RESOLUTION authorizing the acceptance~ executton~ and fil- ing of the 'Special Conditions for Action Gra~t Awards' with the Division of Justice and Cr~me Prevention for an action grant of federal funds to provide additional training for the Commonwealth's Attorney of the city. (For full text of Resolution, see Resolution Book No. 38, Page 408.) Hr. Thc;nas moved the adoption of the Resolution. The motion was seconde~ by Hr. Trout and adopted by the following vote= AYES: Messrs. Garland, Lisk, Taylor, Thomas~ Trout and Mayor Webber ................................. 6. NAYS= None ..................0. (Hr. Hubard absent) BUDGET-SCHOOLS-BUSES= The City Manager submitted a written report advis- ing that by Resolution No. 20875 Council dirented that application be ~ade to the Department of Highways of the State of Virginia for participation in the funding cf the Transit Technical Study being prepared by Wilbur Smith & Associates, said participation to be on the basts of 85% state funds and 15% city funds, pointing out that this request has been approved, and reco;maending that he be authorized to execute the appropriate agreement for acceptance of the state funding assistance and that ;40,000.00 be appropriated for this study. Hr. Garland moved that Council concur in the report of the City Hanager and offered the following emergency Ordinance appropriating $40,000.00 to Transit Technical Study under Section ~89, 'Capital ~mprovements,' of the 1973-74 budget: (~Zlll0) AN O~DISL~NCE to az~end and reordain Section t89, 'Capital Improvements,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 409.) Hr. Garland moved the adoption of the Ordinance. The ~tion was seconded by Hr. Lisk end adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. 6. NAYS: None ...............0. {Hr. H~bard absent) Dr. Taylor then offered the following e~ergency Ordinance apl~roving the city's participation in a short range technical transit study in cooperation with the Co~onwealth of Virginia, Department of Highways and authorizing the City Manager to enter into said agreement: (~21111} AN ORDINARCE approving the city's participation in short range technical transit study in cooperation with the Co~m~nwealth of Virginia, Department of Highways; authorizing the City Manager to enter into a~ agreement with said Department of Highways with reference to said study; and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 38, Page 410.) 119 Dr, Taylor moved the adoption of the ordinance. The motion was seconded by ~tro Thomas and adopted by the follo~ing vote; AYES; Hessrs. Garland, Llsk, Taylor~ Thomas, Trout and Hayor Webber .................................. 6 · NAYS; None ...................0. (Mr. Hubard absent} BUILDINGS; The City Manager submitte~ the following report in connection with the request of the United Virginia Bank/Security National, concerning certain desired variances with reference to the proposed construc- tion of their new office building on the corner of First Street and Church Avonue~ S. W.: 'August 27, 1973 Honorable Mayor and City Council ~oanoke, Virginia Gentlemen: The City has received the attached letter dated April 1973, from Hr. Paul C. Buford, Jr., Vice President, United Virginia Bank/Security ~ational, concerning certain desired variances In connection with the proposed construction of their new office building on the corner of First Street and Church Avenue, S. W. These items have been reviewed in considerable detail with representatives of the bank, their architects, the City Engineer, the Building comm~ssioner, the Planning Department, and the City Attorney. It is our opinion that items B. and F. in the letter pertaining to a transformer vault and lighting fixtures can be handled administratively within the provisions o£ the Southern Standard Building Co~e and the City code. It is reco~ended that the other items requested in the letter be handled in the following manner; Items A. and C., request for air rights over First Street and over the alley on the north side of the building for construction of a pedestrain mall or walkway. is reconunended that this request be referred to the City Planning Commission and the Virginia Department of Highways for approval (s~m~lar to the procedures followed ~n approving the request of Virginia Western Co=unity College for a pedestrian walkway over Colonial Avenue}. It is recommended that a reasonable charge be placed on the use of these air rights in addition to any other desired conditions. Item D., the installation of granite blocks in lieu of concrete for sidewalk. It is recommended that City council adopt the appropriate ordinance permitting the City Manager to authorize the installation of public sidewalks within the central business district zone which would be constructed of materials other than concrete or which had a surface finish texture or design different than that currently specified as ~City Standard. ! This approval would be subject to the City Engineer's approval of the texture of the wearing surface and materials, the agreement by the owner to maintain and replace the sidewalk as directed by the City at no cost to the City, ~ncluding the replacement as necessitated by the construction of any publlc utilities within the sidewalk area and the posting of appropriate bond and/or insurance. We belive that construction of sidewalks of this type within the central business district would provide interesting aesthetics to the business district and would complement the downtown area. Item E., the installation of snow and ice melting electrical coils within the sidewalk. It is recc~unended 120 that City Counoil adopt the app~opriata ordinance vhich vould paz~tt the City Hens'gar to &uthorize the installa- tion og ~hla ahOY ~elting equipment within public sidewalks, subject to the same similar conditions as reco:~ended above for sidewalk materials. Request to allo~ bells on bottom of caissons to project onto City right of way approximately one foot. It is recom- mended that Section 2202 of the City Building Code be amended by the addition of a ee~ paragraph designated as paragraph E to read ns fellers: ~structu~al support of the building shall not project beyond the lot line except that the footings' of the street vails or their supports located at least eight feet belo~ grade may project not more than twelve inches beyond the street line into the right of way. ~ Representatives of the United Virginia Bank/security National vhich you may have pertaining to the above items. Respectfully sub~ttted, S/ Sa~ B. McGhee0 III Sam H. HcGhee, III Assistant City Hr. ?rout moved that Council concttr In the recommendations of the City ttanager and that the report be referred to the City City Attorney and City Planning Commission for the purpose of vorking out the necessary details. The motion vas seconded by Hr. Thomas and unanimously adopted. EASEHE~$: . The City ttanager submitted a vritten report recommending approval and acceptance of an easement from the tietropolitan Land Company for rater and sewer lines to serve the Best Products Company, Incorporated, building ~hich is under constriction in the vicinity of the intersection of Hershberger Road and Interstate Route 581, advising that the easement is 40 feet in width and is being granted in lieu of the development of a 50 foot street an~ that t. he city has received a communication frc~ the Roanoke County Public Service Authority granting the city the authority to serve this property with sewer lines ina~uch as the 9roperty is located in the county. Hr. Lisk moved that Council concur in the recommendation of the City Manager and of£ered the foll~wing emergency Ordinance: (~21112) AN OI~DINANCE authorizing the ac~isltlen of a certain perpetuaI easement through property in Roanoke County belonging to Best Products Company, Incorporated, extending from Hershbcrger Road, N. in a northerly direction approximately 360 feet, for public water line and sanitary sewer purposes, upon certain terms and conditionsl and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 411.} Hr. Lisk ~Oved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ 6. NAYS: Hone .................0. (Hr. Hubard absent) BUSES: The City Manager submitted a written report advising of a meet~g Of ~he House Finance Com~ttee Subc~,~!ttee on Financing Mass Transit to be held on August 28, 1973, at 10:00 a.m., in the Council Chambers for the purpose of discussing the public transit needs for individual localities with a view toward identifying potential legislative actions to meet these Hr. Lisk moved that the report be received and filed. The motion was seconded by Hr. Trout and unanimously adopted. WELFARE DEPARTHENT-HEALTH DEPARTMENT: The Clty Manager suh~/tted a written report recommending that Councl! authorize him to execute a contract with Lewis Gale Hospital providing for the hospitalization and out-patient treatment for indigent persons for the period of July 1, 1973, through June 30, 1974, in the ~mount of $63.40 ~er patient day. Hr. Garland moved that Council concur in ~he recommendation of the City Manager and offered the following emergency Ordinance: (%21113) AN ORDINANCE authorizing a certain contract to be entered into with Lewis-Gale Hospital, Incorporated, to provlde hospltallzation and treat~ of indigent or medically indigent patients~ fixing the rate to be paid said hospital for such services for the perlod from July 1, 1973, to June 30, 1974~ and providing for an emergency. (For full text o£ Ordinance, see Ordinance Book No. 38, Page 411.) Mr. Garland moved the adoption of the Ordinance. T~e motion was seconded by Mr. Lisk and adopted by the following vote= AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ 6. NAYS: None .................0. (Mr. Hubard absent} T)~XES= The City Auditor sub~tted a written report trans~tting copy of a report of the Valuations and Levies for taxation upon the property of public utilities based upon the values as established by the State Corporation Caamdssion, comd?ared for the years 1972-73. ~Lr. T.{sk moved that tho report be received and filed.The motion was seconded by Mr. Garland and anenil0Ously adopted. P~EPO~TS OF CO~2t~TTEES: SEWERS AND STORM DRAINS= Council having referred to a core, tree for tabulation, report and recc~menda~on the bids received for the construction of a sanitary sewer line from Interstate Route 58! to the Huff Lane Elementary School, the co~L~ttee stlb~/tted a wTitten report reco=~ending that the bid of Hudgins & Pace, in the amount of $43,950.50, be accepted, and further recommending that an additional $14,000.00 be appropriated to provide sufficient funds for this project. HCo Llsk ~¥ed ~hat Cotmcil concu~ in ~e reco~en~ation of ~e ~ CIP 84 - Huff ~e S~e~ P~ec~ ~de~ Section ~89~ ~Capl~l Imp~ov~en~s~ o~ ~e 1973~74 bu~e~ ({21114{ ~ 0~I~ to ~end ~d ~eordain Section ~89, '~pital ~rov~ts,' of ~ 1973-74 Appropriation Ordin~ce~ ~d providin9 for ~erg~ · (For full t~t of O~ln~ce, see Ordinate ~k No.' 38, Page ~. Lisk ~ve~ ~e adoption of ~e Ord~n~ce. The ~t~on was seconded by Dr. Taylor ~d adopt~ by ~e roll.lng vote: A~ Hessrs, G~l~d~ L~sk~ Taylor~ Tho~s, Trout ~d ~yor Webber ................................ 6. ~YS= None ................. 0. (~. H~ard abs~t) ~. Trout then offer~ ~e roll.lng ~rgen~ Ordinance accepting ~e p~sal of Hudgins & Pace for sa~d work: (~21115} ~ O~IN~ accepting a b~d ~d awarding a contract for ~e const~ct~on of ~e Huff ~e Sch~ s~ta~ sewer, u~n certain te~ and condit~ons~ rejecting certain o~er bids ~de ~erefor~ and providing for an ~erg~cy. (For full text of Ordin~ce, see Ordin~ce ~k No. 38, Page 413.) ~. Trout moved ~e adoption of ~e Ordin~ce. ~e ~t[on was ssconded by ~. Garl~d ~d adopte~ by ~e roll.lng A~S: Messrs. G~i~, Lisk~ Taylor~ Th~s, Trout ~d ~yor Webber ................................ 6. ~YS: Non~ ................. 0. (~. H~ard ~s~nt) S~DIVISIONS: Co~c~l having referred to ~e City ~ager, the City Atto~ey ~d ~e C~ty Auditor for study, re~rt ~d fecundation a co~icatlon in co~ect[on wi~ ~ [rrevoc~le letter of credit ~n favor of ~e City of ~oke from ~e Billy ~gh Co~orat~on, in ~e ~t of $36~500.00, as security for ~e co. let[on of ~e red,red p~lic ~rov~ents w~in ~e Oakw~ Dr~ve, S. W., S~v~s~o~ which ~s being developed by sa~d co~rat~o~, ~e co--tree s~itte~ ~e roll.lng re~rt adv[s~g ~at ~t ~s ~e opinion o[ ~e C~ty Auditor, City Atto~ey ~ City ~ager ~at ~e red,red security for ~s develo~ent should be ~ ~e ~t of ~,000.00~ ~ ~at ~e C[ty Auditor ~d C~ty Atto~ey are agree~[e to accepting, as security, ~ [rrevocabl~ letter of credit ~n ~e ~t of $77,000.00, sa~d irr~voc~le of credit s~ject solely to draft by ~e City of ~oke ~d s~ject to specific approval by ~e City Auditor ~ City Atto~ey wh~ s~tt~ by developer: "Auguat 27, 1973 Honorable Mayor and City Councll Roanoke, ¥1rglnia Gentl-.~- ~ The attorney for the above co~poration p~esented a letter to Clty Council at its meeting on August 20, 1973, requesting that the co~poratlon, as developer of a subdivision which wou/d result In an extension of Oakvood Drive; S. be permitted to file an irrevocable letter of credit in favor o£ the City of l~ounoke in the a~3unt of ~36,500 as security for the completion of the required public improvements within that subdivision. The request was referred to the City Auditor, City Attorney and the City Hanager for study, report and recon~endation back to City Council. Hr. Gibson, Hr. Buchholtz, ~h:. HcGhee, Hr. Gutshall and Hr. Hamilton met to go over the request of the Billy Letgh Corporation and to review the current status of the subdivision. Section 73 - Grading and Section ?4 - Agreements end Bonds of the City's subdivision Ordinance, a copy of which is attached, deals specifically with the installation of public improvements and the security required by the City of a developer. preliminary plat approval oi this subdivision and approval of the plan and profile of the street extension was given by the City on Hay 9, 1971. This approval pemltted grading operations to begin subject, though, to the conditions specified in Section of the Subdivision Ordinance. Grading cc~enced, but the developer has not yet satisfied the remaining requirements within Section 73, Additionally, the developer began the construction of a sanitary sewer extension within the proposed subdivision and was ordered by the City to cease construction of this sanitary sewer until such time as (1) the sanitary sewer extension plans were approved by the Virginia Depart~nent of Health and the State Water Control Board and (2) the provisions of Section 74 of the Subdivision Ordinance were complied with. Approval fram the State Water Control Board of the s~nita~y sewer to be installed within the subdivision was not received by the City Hanager*s office until August 14, 1973, by letter dated August 9, 1973, from Hr. Alexander, the Acting Executive Secretary of the Board. That approval of the plans and specifications was conditioned though ~ .... with the require- mant that no connection to the existing fiurray Ran interceptor or collectors be made until the City can advise in that the physical line has capacity or that such improvements have bean made to the existing lines to indicate capacity is available to receive the additional load du~ing dry and wet weather periods. These improvements should insure an orderly flow from the point of proposed connection to the waste treat~nent facility without environmental health problems such as overflows and backing up of waste into houses." By letter dated July 3~ 1973, David Dick and Associates, Engineers and S~rveyors for the developer, s-~.nitted an itemized llst of the required public improvements to be installed by the devaloper; This estt~nate Of materials included pavement, cusb and gutter, stoma drains, sanitary sewer, water main, street signs and reference monument. The City Engineer's office took this itemized list with its attached quantities and estlnmted costs based on current contracts the City holds for similar ~ork. Their estimate of the cost for this work is $??,000. This estimate does not include any grading. Any improvements which have been completed to date have not bean approved by the City and are still subject to the security require~enta of the Sutxtivision Ordinance. It is the opinion of-the City Auditor, City Attorney, and City Hanager, that the required security for this development be in the amount of $??,000. Additionally, the City Auditor and City Attorney are agreeable to accepting as security an irrevocable letter of credit in the amount of $77,000, said irrevocable letter of credit subject 123 solely to drafh by the City of P~anoke and subject to specific approval by the City Auditor and C£ty Attorney when submitted by the developer, Respectfully submitted, S/ Sa~ H. HcGhee, III Sam H. McCmee, S/ A. N. Gibson A. N. Gibson S/ Ja~es E. Buchholtz Ja~es E. Buchholtz' Hr. Lisk moved that the report be received and filed. The motion was seconded by Hr. Thomas and ~nanhaously adopted. UNFINISB~D BUSINESS= ZONING= Council having previously deferred action on a report of the City Planning Comm~ssion rec~maending that the request of Hr. James K. M~tz ~hat property locatec~ in the 2900 block of Ravenwoo~ Avenue, N. W., described as Lots 7A and SA, ~ayman Square, Official Tax Nos. 2160201 and 2160203, and property located In the 2800 block of Floraland Drive, N. W., described as part of Lots 9 and 10, Block 4, Floraland Addition, Official Tax Nos. 9280508 and 2280509, be reaoned fro~ ~-3, Single-Family Residential District, to RG-2, General Resl~enttal District, be denied, the ~tter was again before the bo~y. In this connection, a con~unicatlon from Hr. Douglas W. Kielkopf, Attorney, representing the petitioner, advising that his client desires a public hearing on the request for rezoninq, was also before Council. Dr. Taylor moved that Council hold a public, hearing on the request for rezoning at ?:30 p.m., Monday, September 24, 1973, in the Council Chamber. The motion was seconded by Hr. Lisk and uaan~ously a~opted. CONSIDERATION OF CLAIMS= NONE. INTRODUCTION ARD CONSIDERATION OF O~D~NANC~S AND RESOLUTIONS = ROANOKE GAS COMPANY: Ordinance No. 21084 granting to Roanoke Gas Company the right for a term of twenty years an~ upon the cond~tions herein stated, to ~se the publlc streets, alleys, bridges a~d other ~ubllc ways of the city to construct, operate and maintain and extend, a gas distribution system and to construct, ~nstall and maintain underground ~as lines, pipes, meters and all other additional appliances and appurtenances necessary and incidental to the usual operation and ~alnt~nance of a gas works and gas distribution system in along said public streets, alleys, bridges and Other public ways in ~he City Of Roanoke, Virginia~ estab~ishing condit~ons controlling the exercise of said franchise and the sale and distribution of gas servlces= an~ regulating the manner of using said streets, alleys, bridges and public ways, having previously 125,- been before Council for Its first reading, read and laid over, .was again before the body, Hr. Llsk offering the following for its second reading end final adoption= ([21084) A~ OI~DINANCE granting to ROANOK~ GAS COMPANY the right for a term of twenty (20) years and upon the conditions herein stated, to use the public streets, alleys, bridges and other public ways of the city to construct, operate and maintain and extend, a gas distribution system and to construct, Install and maintain ttndergrouund gas lines, pipes, meters and all other additional appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas works and gas distribution system in and along said public streets, alleys, bridges and other public ways in the City of Roanoke, Virginia~ establishing conditions controlling the exercise Of said franchise and the sale and distribution of gas services~ and regulating the manner of using said streets, alleys, bridges and public ways. (For full text of Ordinance, see Ordinance Book No. 38, Page 391.} 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, Thomas, Trout and ~ayor Webber ............................... 6. NAYS= None ................0. (Mr. Hubard absent} In this connectionw Council at its last regular meeting on Monday, August 20, 1973, having requested that the Franchise Study Conm~ttee review the bid as stt~-en~tted by Roanoke Gas Company and sub~t its recon~endatlons on said bid, the Franchise Study com,/tree sub~itted a written report trans~ttlng information concerning other gas franchises within the State of Virginia and advising that said Committee wishes to go on record as reconmmnding to Council that the bid as submitted by the Roanoke Gas Cempa~y be accepted. Mr. Garland ~ved that the report be received and filed. The motion was seconded by Mr. Iz[sk and unanimously adopted. SPECIAL PEI~M~TS= Ordnance No. 21096 gra~ting revocable, non-trans- ferable Perm~ssion to Willie A. Cart to pursue the home occupation of servicing Citizen Band ~dio units upon premises located at 1145 Kerns Avenue, S. W., known as Lot 39, Block 30, ~ap of Wasena Corporation, Official Tax No. 123193?, upon certain terms and conditions, having previously been before Council for its first reading, read' and lald over, was again before the body, Hr. Trout offering the following for its second readLng and final adoption: (~21096) AN OBDINANCE granting revocable, non-transferable perm/esion to Willie A. Carr to pursue the home OCCupation of servicing Citizen Band Badto units u~on prem/ses locate~ at 1145 Kerns Avenue, S. W., known as Lot 39, Block 30, Map Of Wasena Corporation, Official Tax No. 123~937, upon certain terms and conditions. (For full text of Ordinunce, see Ordinance Book No. 38, Page 402.) ~i=. ~=out ~ved the adoption of the ordinance. ~e ~otion vas seconded by ~. ~sk ~ a~opte~ by ~e foll~ing vote: A~: Hessrs, G~I~, Llsk, Ta~lo~ ~8, Trout ~d ~yor W~ber ..............................6. ~YSz None ................ 0. {~. H~ard ~sent) SI~S-SPECI~ PE~TSz Ord~n~ce No. 21098~ grating rev~able~ non- ~sfer~le au~or~ty to ~er ~ria~ ~ptist Ch~ch to ~lntain certain d~rectional s~s on ~e r~ght of way of M~r~al Avenue~ S. W. ~ at ~o~e Avenue, S. W.~ ~ on ~e r~ght of way of ~ulevard Street, S. W.~ at Patterson Argue, S. ~. ~ u~n certalD te~ ~d conditions, hav~ng previously ~en before Co~c~ for ~ts f~rst reading, read and laid over, was again before ~e ~y, Dr. Taylor Offering ~e foll~ng for ~ts second reading ~d final adoption= (%21098) ~ O~I~ grating revoc~le, non-transferable au~or~ty to ~ner M~r~al Baptist ~ch to ~lnta~n certain d~rect~onal si~s on ~e r~ght of way of H~rlal Avenue~ S. W.~ at Roanoke Avenue~ S. W.~ ~d on ~e r~ght of way of ~ulevard S~eet~ S. W. ~ at Patterson Avenue, S. W., u~n certa~ te~ and conditions. {For full text of Ord~n~ce, see Ord~n~ce Book No. 38, Page 404.) Dr. Taylor ~ve~ ~e a~opt~on of the Ord~n~ce. The ~tlon was seconded by ~. Trout ~ adopte~ by the follow~ng vote: A~S: Messrs. Garl~ L~sk, Taylor~ Tho~s~ Trout ~ ~yor Webber ............................... 6. ~YS= None ................ 0. (~. H~ar~ absent) S~= Co~cll hav~ng d~rected ~e City Attorney to prepare the pro,er m~asure accepting ~e ~ssess~on ~ consol of ~e Melrose El~enta~ School building ~d ~ro~ds from ~e Sch~l Board o~ ~e City of ~oke, he presented s~e~ whereu~n, ~. Trout offered ~e following Res,lute.n= (%21116) A ~SO~TION acce~ting ~e ~ssess~on ~ con~rol o~ ~e Melrose EI~ School bu~ldlng ~d gro~ds from ~e Schoo~ Board of ~e C~ty of ~oke. (For ful~ t~t of ~esolut~on, see Resolu~on B~k No. 38, Page 414.} ~. Trout ~v~d ~e adoption of ~e Resolution. The ~t~on was secon~e~ by ~. ~o~s ~d a~opted by ~e fo11~ng vote: A~S= Messrs. G~d, L~sk, Taylor, Th~s, Trout an~ ~yor Webber ............................... 6. NAYS: None ................0. (~. H~ard absent) M~IONS ~ ~S~OUS BUS~S: CO~CI~I~ITAT~ONS= ~. Lisk called attention to a co~cat~on from ~. ~bert W. Ber~, Director, S~ng-~t ~oke Valley, ~n~it~ng ~e m~ers of Cocci1 to att~ ~e S~g-~t T~y, Inco~rated, Concert~ a~ 8:00 p.m., Friday, Au~st 31, 1973, at ~e ~oke Civic C~ter. AIRPORT: Mr. Llsk submitted a cc~nunication advising that at the regular meeting of Council on ~onday, August 20, 1973, the Airport Advisory Ccm~dssion submitted a written report in connection with certain parking arrangements at P~tnoke Hnnicipal (Woodrum) Airport; a restudy of the airport master plan as it relates ~o the air cargo facilities! and a study of land requireme~ts for the airport, that at that t~ Council referred sa~d report, in its entirety, back to the Airport Advisory Ccmmlfssion for further considera- tion, pointing out that since the latter two items should not have been referred back to the Commission, he recommends that Council now consider the restudy of the airport master plan as it relates to the air cargO facilities and also the study of land requirements for the airport. After a discussion of the matter, Hr. Lisk ~oved that the matter Of a restudy Of the airport master plan as it relates to the air cargo facilities and a study Of the land requirements for ~manoke ~{enicipal (Woodrum) Airport be referred to the City F~nager and the Manager Of P~anoke Municipal (Woodrum) Airport for the purpose of proceeding with said studies. The motion was seconded by Mr. Trout and unanimously adopted. INTEGRATION-SEGReGATION: Mayor Webber pointed out that at the last regular meeting of Council on Honday, August 20, 1973, Council adopted Resolution NO. 21091 reaffirming the policy of the City Of Roanoke as to equal Opportunity Of employment in the meniclpal goverr~nent, that contained in that Resolution was the provision that the Mayor is to appoint, with the concurrence of Council, a Fair Employment Practices C~ttee consisting Of five citizens of the City of Roanoke, advising that on Monday, April 6, 1970, CoUncil appointed Mr. Herbert S. Kurshan, Mr. J. B. Spurlock, Jr., Mr. William C. Thomas, Mrs. Hary W. Williams and Mr. Palmer K. StClair as members of the Fair Employment Practices Co. tree, however, Mrs. Williams no longer resides in the city, requesting guidance from Council as to whether or not they would like to retain these citizens as members of the Fair Employment Practices ComnLfttee explaining that if Council wishes to retain this previously appointed com~Littee, it will be necessary to reappoint them since said coI~ittee was not included in the approved list of com~/ttees, commissions, boards and authorftles when they were re- structured earller this year. In a discussion of the matter, Hr. Thomas expressed the opinion that the Chalr~an Of the Co~aunity Relations Ccumn~ttee by position rather then by na~e should always be a member of the Fair Emplo~ent Practices Committee. Mr. Thomas then moved that action on the appointment of the Fair Employment Practices Co. tree be deferred until the next regular meeting of Council on Tuesday, Septe_~ber 4, 1973. The ~otion was seconded by Mr. Lisk and unanimously adopted. :I. 27 SCHOOLS~ The City Clerk reported tha~: H~s. Eobert C. Hagan, Hrs. ~Lrian A. Do~dy and Jtr. Levis H. Nelson, Jr., have qualified as me.bars of the P~anoke City School Board for tez~s of three year8 each ending June 30~ 1976, ~Lr. T~out moved that the report be received and flied. The motion was seconded by Hr. Llsk ~nd tmanL~usl¥ adopted. There being no further business, Hayor Webber declared the meeting adJou~ed. APPROVED ATTEST .- O~--..~- Deputy City Clerk Mayor COUNCIL, REGULAR Tuesday, September The Council of the City of Roanoke met in regular ~eeting in the Council Chamber in the Huniclpal Building, Tuesday~ September 4, 1973, at 2 p.m., the regular meeting hour, with Hayor Roy L. Webber presiding. PRESENT: Councilmen Robert A. Garland, William S. Hubard, David L~sk, Hampton W. Thomas, James O. Trout and Hayor Roy L. Webber ...... 6. ABSENT: Co~ncll~- Noel C. Taylor ......................... OFFICERS PRSSENT: Mr. Byron E. Haner, City Managsr; Mr. Samuel B. McGhee, XXI, Assistant City ~anager; Mr. James N. Klncanon, City Attorney; Mr. N. Ben Jones, Jr., Assistant City Attorney; and Mr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Moorman Parker, Retired Methodist Minister. MINUTES: Copy of the minutes of the regular meeting held on M~nday August 27, 1973, having been furnished each member Of Council, on ~otion of Mr. Trout, seconded by Mr. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. ~NG OF CITIZENS UPON PUBLIC MATTERS: SCHOOLS: Mr. Samuel P. McNeil, Chairman of the Roanoke City School Board appeared before Council and reguested that $650,000.00 be appropriated for the construction of a new wing at the Patrick Henry High School, advising that the addition to Patrick Henry High School is needed because of the plan of the Roanoke City School Board to convert Jefferson Senior High School to a multi-purpose type of education center and that the final drawings for the addition could be completed within sixty to ninety days. After a discussion as to financing, Mr. Trout roved that the matter be referred to the City Attorney for preparation of the proper measure transferring the $650,000.00 from the two million dollars which was approved in the November 1972, bond referendum for the new vocatlonal school. The motion was seconded by Mr. Thomas and unanimously adopted. In this connection, Mr. Clark C. Thomas, 740 Arbutus Avenue, S. appeared before Council and advised that he is not opposed to improving the quality of education in the City of Roanoke but that the question is much broader than that and criticised the manner in which the school administration and the school board prepared the two high schenl plan. Mayor Webber advised Mr. Thomas that the manner in which the plan was prepared is a matter for the P~anoke City Schoel Board and that the item before Council at this time deals only with the matter of funds for the addition to Patrick Henry High Schoel. PETITIONS ~D CONNUNIC~T[ONS ~ BUD~T-SCHOOLS~ A communication from ~he l~anoke City School Board requesting that $$34~383.00 be appropriated to Schools - Second Step, po L. 89-10, Tl21e I, under Section ~22000 of the 1973-74 budget of the l~oanoke City School Board, said funds to be used almost totally for salaries for teachers to render special services ~n the areas of reading and mathematics in the Title · r schools, 100 per ce~t of actual expenditures to be re/mbursed by the federal government, was before Councllo Mr. Lisk moved that Council concur in the request Of the Roanoke City School Board and offered the following emergency Ordinance providing for the requested funds: {J21117) A~ ORDZRA~CE to amend and'reordain Section ~22000, "Schools - Second Step, P.L. 89-10, Title I,' of the 1973-74 Appropriation Ordinance, end providing for an emergency. (For full text of Ordinance, see Ordinance Book ]18, Page 416.) ~r. ~.isk moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYSS= liessrs. Garland, Hubard, ~.isk, Thomas, Trout and ~ayor Webber ............................. 6° KA¥S= None ..............0. (Dr. Taylor absent) SUDGBT-$CHOOLS: A co~nunieation froa the Roanoke City School Board requesting that $14,208.00 be appropriated to Total Action Against Poverty Tutorial Project under Section ~23000 of the 1973-74 budget of the Roanoke City School Board, said funds to be used for the salary of a project leader to coordinate a tutorial program which will be supervised by the Boenoke City Schools, 100 per cent of actual expenditures to be reimbursed with federal funds froa Total Action Against Poverty, was before Council. Mr. Trout moved that council concur in the request of the l~oanoke City School BOard and offered the following emergency Ordinance providin9 for the requested funds: {]21118) AN ORDINANCE tO amend and reordain Section ~23000, 'Schools - Total Action Against Poverty Tutorial Project,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~38, page 416.) Mr. Trout moved the adoption of the Ordinance. The motion Was seconded by Mr. Thomas and adopted by the following vote: AYes: liessrs. Garland, Hubard, ~.isk, Thomas, Trout and Mayor Webber ................................ 6. NAYS: None .................0. (Dr. Taylor absent) TRAFPIC-P/ktLKS AND PLAYGROUNDS:A coaicatlon froa Mrs. ~. L. " Oakey, 2725 ~filshirn Street, S. W., requesting that ~iley Brlve be opened in all fairness to ~he working populace, senior citizens and retirees who are not picnickers and for the safety of children and mothers using wiley Drive~ was before Council. Hr. Thomas moved that the com~unication be received and filed. The motion was seconded by Hr. Trout and unanimously adopted. TI~A~FIC-PA~KS AND PLAYGROUNDS~ A co~munication from Hrs. Arthur W. Solc~mn, 923 Howbert Avenue, S. W. ~ expressing her OppOsition to the closing of certain accessways to Wiley Drive~ S. W., advising that since she is a taxpayer and tax money is used to maintain Wiley Drive she feels she should be allowed to use Wiley Drive at anytime and for any purpose, was before Council. Hr. Thomas moved that the cc~mnunication be received and filed. The motion was seconded by Hr. Trout and unanimously adopted. TRAFFIC-PARKS AND pLAYGROUNDS: A comunication from Hr. T. Y. Houchins, Jr.w 1929 Denniston Avenue, S. W., advising that he would like to go on record as being in favor of the closing of the access entrances to Wiley Drive, was before Council. Hr. Thomas moved that the co~unication be received and filed. The motion was seconded by Hr. Trout and unanimously adopted. COMPLAINTS: A communication from Hrs. Cosie U. Davey, 376 Woods Avenue, S. W., complaining of the conditions of property and the safety Of the streets in her neighborhood, advising that the front yards between her home and the Franklin Road intersection are a disgrace and shame, was before Council. Hr. Thomas moved that the co~nunication be referred to the City Manager for investigation. The motion was seconded by Hr. Trout and unanimously adopted. ~EPORTS OF OFFICERS: CITY ENGINEER= The City Manager submitted a written report request£ng t~me on the agenda for the purpose Of introducing Hr. R~chard B. Turpln, the new Director of Public Works, whereupon, the City Manager introduced Hr. Turpln to the members of Council. On behalf of the members of Council, Mayor Webber welcomed Mr. Turpin to the City Of Roanoke and wished h~m success in his new pos£tlon. Hr. Lisk moved that the report be received and filed. The motion was seconded by Mr. Trout ~nd unanimously adopted. PARKS ~/~D PLAYGROUNDS= The City Manager submitted a written report concurring in the recommendation of a com~0/ttee that the proposal of Hodges Lumber Corporation for making repairs to the M~11 Mountain Playhouse, in the a~o~nt of $12,271.00, be accepted. Mr. Trout moved that Council concur in the recou~ndation of the City Manager and offered the following emergency Ordinance= (J21119) AN OEDINA~CE accepting ~he proposal of Hodges Lumber of ~oke~ au~o~lzing ~e proper C~y officials to execute ~e ~n2ract~ ~d p~ov~ding for ~ (For Eull t~t of Ordl~ce~ see Ord~ce ~oh $38, Page 417.) ~. ~ou2 ~ved ~e adop~on of ~e Ord~ce. The ~tion 'seconded b~ ~. Lisk ~d adopt~ by ~e foll~ing ~S~ Hessrs. Garl~d, H~d~ Lisk, ~s~ T~ut ~d ~YS~ None ............... 0. (Dr. Taylor WATER D~ The City ~ager s~tted a ~itten re~rt rec~- mending ~at Co~c~l accept ~ eas~t fr~ Nol~ D. ~d ~ls P. Jackson to pe~t ~e furze ~ns~llat~on o~ a water l~e to se~e a new a~d~t~on to ~ Gr~ p~aza Shopping C~ter, advising ~at ~e water ~ne w~l be ~nstalle~ by the developer at his ex~nse ~ accor~ce wi~ ~e.water l~ne ext~s~on ~1~ of ~e C~ty o~ ~oke. ~. Tho~s ~ved ~at Co~c~l conc~ ~n ~e rec~en~atlon o~ ~e C~ty ~ager ~d offer~ ~e following ~erg~cy Ord~n~ce: (~21120) ~ O~IN~ au~orizing ~e ac~slt~on of a certain pe~etual eas~ent ~ough pro~rty ~n ~oke Co~ty ~long~ng to Nol~ D. Jack~on and P. Jackson, husban~ ~ w~fe, in Gr~t Plaza Shopping C~ter, for p~l~c water l~e p~oses, u~n cer~n te~ ~ conditions~ ~ providing for ~ ~ergency. (For full text of Ord~n~ce, see Ordinance Book %38, Page 418.) ~. ~s ~ved ~e adoption of ~e Ord~n~ce. ~e motion was seconde~ by ~. ~out ~ a~opted by the fo11~g vote=. A~= Messrs. Garl~ H~ard, Lisk, Tho~s, Trout ~ ~yor W~ber ............................6. NAYS= Non~ .............0. (Dr. Taylor ~s~t) P~NG ~: ~e C~ty ~ager s~tte~ ~e fo~ng re~rt ~ co~ect~on w~ ~e parking garage, rec~ng ~at Cocci1 accept ~ p~al of National Plying, ~nco~orate~, ~ con~ct~on wi~ Fritz ~ Chappelear~ for project ~ag~t, architect~al ~ engineering seduces and ~ns~ction ~ing cons~ct~on of ~e facility= 'sept~er 4, 1973. Honor~le ~yor ~ C~ty ~oke, V~rg~a City Co~cil by Or~ce No. 2~044 on Au~st 16, 1973, au~or~zed a project to prov~e, ack,re, cons~ct ~ ~p off-s~eet parking facilities for ~e C~ty of ~oke ~d au~om~ze~ ~e ~ssu~ce ~ sale of u~eral obl~ga~on ~n~s o~ ~e C~ty of ~oke to~ pay ~e cost of su~ a pro- ject. ~ a reset of ~ese actions several archltect~al ~ parking consular, fi~ have re~este~ consideration for ~e acc~l~s~t of ~s pro~ect desi~ ~d plying .: A~ong those p~oposals receive~ vas that~ of National plan_ ning, I~ated~ (Eo~zly ~ as Ink.rated) of ~lt, ~chig~. ~s site location ~a ~e~al feasibility stay to de~e ~e need for ~d l~atlon of a n~ p~king facility for ~oke. ~e resets of ~ls stud~ vhlch vefe p~esent~ city ~cll h ~ch of 19~2 ~es~ted In ~e proJec~ City Co~cil ~ec~ly approved. ~e p~sal as s~tte~ by ~ational Pl~ing~ Inco~- rated, ~cludes ~e use of a l~al architect-mgineer, Fritz ~d ~appelear~ ~ ~ri~m ~e architect~al ~d ~9ineerin9 as~cts of ~is As Na~nal Piing, Inco~rated, ~fo~d ~ell p~vldlng ~e City of ~oke vi~ a c~plete re~rt vhich d~ns~ated ~e need ~d econ~c feasibility of const~ct- ing a ~rkin9 building at ~e not.west co.er of Plrst S~ree2 ~d ~urch Avenue, S. ~., 12 ts believed ~a~ se~ices could ~ ~neflcially utilize In ~e contin~ce of ~ls project. ~eir e~rtise in ~e field of parkin9 facilities Is ~ell ~ ~d it Is believed tha~ Co~cil ~as veil sa~lsiied ~l~ ~eir past The fee as ~oted ior ~r[o~ng ~e project se~lces as veil is ~ose of architect~al ~d engineering se~ices to~ls $160~576. This ~t is s~vhat less ~e e~t~ted cost con~ed in ~e ten.al ~aoke ment Fo~tion It Is rec~lzed ~a~ ~e total project ~nag~ent Is a desirable project for ~y of ~e l~al architects and engineers. In light of the previous ex~rience of National Plying, Ink--rated, In ~is field, It ~uld be rec~ended ~at City Cocci1 accept ~eir pro~sal in con~ction wi~ ~at of Fritz ~d ~appelear ~d that Co~cil au~orize ~e City Atto~ey to prepare ~e necessa~ d~nts to con~act wi~ Natlonal Pla~g~ Inco~rated, for proiect ~nag~nt, archltect~al ~d engineering se~ices ~d ins~ction d~ing cons~uctlon. Res~ctfuliy S/ Byron E. H~er Byron E. H~er City ~nager" ~. Trout moved ~at Co~cll conc~ in ~e re~rt of ~e City ~nager ~d ~at the ~tter be referred to ~e City Attorney for preparation of ~e proper meas~e. The ~tion was seconded by ~. Lisk ~d ~usly adopted, T~FIC: The City ~ager s~mitted ~e following re~rt conceding ~e ~affic congestion at ~e intersection of J~son Avenue and 14~ Street, S. E., recording ~at Co~cil au~orize ~e City ~ager to install a ~affic sisal which is to be r~ved fr~ Nin~ S~eet ~d Sal~ Avenue, S.W., to ~e intersection of J~son Avenue and 14~ Street, S. E. ~ and that ~is traffic sisal r~in ~ place ~til such t~ as its need can no longer ~ justified: "Sept~er 4, 1973 Honor~le ~yor ~d City Co~cll ~oke, Virginia ~t1~: ~er ~e past several monks n~erous complaints have been received from various citiz~s in sou~east ~oke conceding ~affic congestion at ~e intersection of J~son Avenue ~d 14~ S~eet, S. E. ~ a result of ~ese 133: co=~laints rep~eke~tativ-'s '0~ *th~ 'City ~ma£ with .membe~., of the Southeast Neighborhood ~lllance group to discuss this matter on ~uesda¥, August 28~ 1973. ' .......... ' Prior to meeting with this group represen~abives of the T~affic Co~munications Department made a' cc~plete study of this situation~ Including a ~affic s~ey. ~ls.sb~y ~cl~ed a 12-ho~ lnbersect~al ~v~b co~ ~ ~dest~ co~2 ~ell as ~ accid~t ge~t lnvestl~atl~. **~ a resul~ o~ study, ~e ha~ fo~d ~at a ~b exists* for ~s~ll~g a traffic si~l ~ all~ 14~ S~ee~ ~aff~o to e~lt on ~ lnter~p~on of c~t~uo~ ~affic ~arr~t. ~e s2udy of acc~d~ ~c~g at ~ls l~abion sh~ 14 have ~ place d~g ~e pasb ye~. ~st o~ these acciden~s ~ege ~e ~lghb ~gle t~ ~hich ~uld have been g~uce~ og ~n~zed had a ~aff~c sisal be~ In operation at ~ls locabion. Ih Is appar~t ~at ~e need for a ~affic sisal is t~ga~ In nature ~1 such t~e as ~e ne~ el~n~ sch~l is ~ns~cbed on 19~ S~eeb. A2 ~ab t~ ~t Is ~[clpated ~at a ~afflc sisal rill be needed ab ~e lntegsec[ton oE 19~ S~eeb ~d ~le Avenue ~d as a resul2 of b~affic inter- ~ptlons ca~ b~ ~is light, plus ~e fu~e of 13~ S~eeb as a gesul2 o~ ~e const~c~ion of ~ube 115, ~e need for a ~afflc sisal ab ~e lnte~secbton of 14~ Stgee2 ~d J~son Av~e v~ll have 9~ea21y reducedl h~ever~ during ~e cons~c2ion Phase of ~ube 115-115 d~e to ~e changes ~ 13~ S~ee~ S. E., ~e need for ~is s~nal ab ~e Intersection off 14~ Streeb ~d ~tson Avenue rill increase as mu~ of ~e ~affic p~esently utilizing S~ree~ rill be diveg2ed to 14~ S~eet. The Ctt~ ~n ~e nex~ 60 days should have available for use a ~rafftc signal p~es~tly ~nstalled ab ~e intersec2ion Sal~ ~d N~n~ S~eet~ S. W. With ~e completion o~ T~ S~geeb Brld~e ~is 2~ra~ ~stallabton ab N~n~ S~eeb and Sal~ Argue c~ be r~ved ~d could ~ u~l~zed for ~e ~nbersec21on of ~son Argue ~d 14~ S~ee2~ S. E. I ~ info~ed b~ ~. ~. D. Sink ~ab ~e ~nstalla~[on ~s ~a~fflc signal a2 14~ S~ee2 ~d ~son Av~e need nob be approved by the S~be H~gh~ay Depa~enb ~d ~a2 ib ins2allabion; ~arefo~e~ i~ ~ould be recorded ~ab Cocci1 au~or~ze ~e C[2y ~ager to [ns2all ~e S~al bo be ~oved ~ N~n~ S~e~ ~d Sal~ Avenue~ S. W., ~o ~e ~2e~secbion of ~son Avenue ~d 14~ S~reeb, S. E., ~d ~s 2ga~[ic s~al ~o r~n tn place ~b~l such b~e as ~t~ need c~ no longer be RespectfullY s~tted, S/ Byron E. H~er Byron E. H~er City ~nager" ~. Trout ~ved ~at Cocci1 conc~ in ~e report of ~e City ~ager. ~e motion was seconded by ~. Lisk ~d ~usly adopte~. CO~CIL: The City ~ager s~tted a ~itt~ re~rt re~esting executive session for ~e p~se of dis~ssing real estate ~tters. ~. Lisk moved ~at Co~cil conc~ in ~e re.est of ~e City ~ager. The motion was seconde~ by ~. ~rl~d ~d adopte~ by ~e roll.lng vote: AYe: Messrs. G~l~d, H~, Lisk, ~s, Trout ~d ~yor Webber ............................. 6. ~YS: None .............. 0. (Dr. Taylor absent) ~TION-CONSOLIDATION: The City Atto~ey s~tted a ~itten re~rt tr~s~tt~g copy of ~e ~inion h~ded d~ on Au~st 30, 1973, ~e ~ation appeal. ~. ~o~s ~ved ~at ~e re~rt ~d ~inion be received and filed. ~e ~tion was seconded by ~. Trout ~d ~usly adopted. P~PORT$ OF COHHITTSES= NONE. URYINISHED HUSINESSI ~. ~NSID~TIOH OF ~ ZONIHGt Ordin~ce No. 21104 ~ezoning probity l~ated In ~e 1800 block of ~udon Av~ue~ N. ~.~ descried as ~ts 1 - 8, inclusive~ Bl~k 30~ ~p o~ Hyde Paxk ~d ~y~ f~ RG-1, G~eral-Resid~tial Dlst~lct~ to Light ~ufact~tng Dls~tct, having p~evlously been before Co~cil for first reading~ read ~d laid over~ ~as again before ~e ~y~ ~. ~ou~ offer- In9 the foll~tng for its second readin9 ~d final adoption~ (~21104) ~ O~I~ to an~ ~itle ~ ~apte~ 4.1~ Section 2 ~e C~e of ~e City of ~oke~ 1956~ as ~ended~ ~d Sheet No. 221~ Sectional 1966 Zone ~p, C~ty of ~oke, ~n relation to Zoning. (For full text of Or,in,ce, see Ord~n~ce ~k %38, Page 414.) ~. ~out ~ve~ ~e adoption of the Or,in,ce. The ~t~on was secon~e~ by ~. Lisk ~ a~opt~ by ~e foll~ng vote: AY~ Messrs. Garl~, H~ard, Lisk~ ~=~ Trout and ~yor Webber ................................. 6. NAYS: None ..................0. (Dr. Taylor absent) VIRGINIA ~ICIP~ ~G~= ~. L~sk off~re~ ~e foll~ng Resolution extending ~e ~nv~tat~on of ~e C~ty of Ro~ok~ to ~e V~rg~n~a H~c~pal ~a~e to hol~ its 72n~ ~ual Convention for 1977 ~n ~e City of (%2112~) A ~O~ION extending ~e City's invitation to ~e V~rg~n~a M~ic~pal ~a~e to hol~ ~ts 72nd ~ua~ Convention for 1977 ~n ~e C~ty of ~oke. (For ~ull text of ~solut~on, ~ee Resolution B~k ~38, Page 419.) ~. ~sk ~ve~ ~e adoption of ~e Resolution. The ~t~on was s~con~ed by ~. H~ard ~ a~opte~ by ~e foll~ng vote: AYES: Messrs. GarliC, H~ar~, L~sk, Th~s~ ~out ~ ~or W~ber ................................ NAYS= None .................0. (Dr. Taylor ~sent) M~ONS ~ ~S~OUS BUSI~SS= P~ ~ P~YGRO~St ~s. ~ro~y H. A~ins, 2708 Weaver S. W., ap~are~ before Co~uil ~n op~s~t~on to closing certain acces~ays W~ley Drive, a~v~sing ~at ~t has been a~tte~ ~at ~e citiz~s of ~e City of ~oke c~ot be res~cte~ from using W~ley Drive so why should t~ ~ney be spent to bu~l~ barr~cade~ to block ~ces already ~n ~stence, ~at ~e ~te f~ ~e Winona Argue ~c~ fo~l~s ~e r~ver and does not effect play area, ~at closing ~ ~ce has not stoppe~ traffic in ~e l~ast, but has ~eto~ traffic ~rough the ~2~ S~eet ~ce d~r~ct~y ~rough the 1:35: 6 playground area where s~all children plsy. and ~hst wl~h ~he present twenty niles per hour speed 1~ ~e~e Is ~o ~eason vhy ~ogge~s ~d bl~clis~s should be ~gered along ~e river route. I~G~TION-S~TZ~= Co~c~l at ~ts last re~lar ~et~ng on ~n~y, Au~st 27, 1973, having deferre~ act~o~ on ~e ap~n~nt of ~e Fair ~o~ent Practices Co~ttee~ ~e ~t~er was .again,before ~e ~. ~s place~-~ n~nat~un ~e n~es of ~. Herbert S. Kursh~, ~e Chal~ of ~e C~ity Relations ~lttee ~d ~e Director of ~e Virginia ~plo~t C~tssion. ~ere being no f~er n~nations, ~. Herbert S. K~sh~ the Chai~ of ~e C~lty Relations C~lttee ~d ~e Director of ~e Virginia ~plo~t Co~ssion were elected as m~ers of ~e Pair ~lo~enk Practices C~ittee by ~e following vote: FOR ~. ~ ~ ~ OF ~ ~I~ ~TIONS CO~ ~D THE DI~R OF T~ V~RGINIA ~ C~SSIONI Hessrs. Garland, H~ard~ ~sk~ Tho~s~ Trout and ~yor Webber ..................... 6. (Dr. Taylor absent) B~ES-STATE HIG~AYSI ~. Lisk presented a c~lcation requesting ~at ~e City Atrophy prepare a Resolution from Cocci1 to ~e State Highway Co~ssion ~ging ~eir ve~ serious consideration to ~e desi~, plans, develo~ent a~d cons~ction of a bridge for the replac~nt of old Buzzard Vm~ Ford Bridge as ~e first it~ of priority ~d ~en to acquire ~e l~d for ~e a~proaches ~d l~d for furze road widening as second step of ~e to~l project, advising that having met wi~ ~e citizens of ~at area ~d ~ed wi~ local leglslators, he is of ~e opinion ~at we ~uld be ~ited in o~ ~sition to ~ to ~co~age ~e State Highway ment to develop ~e bridge as early as ~ss~le s~ce it has already been desi~ated as an ~safe st~ct~e as well as meeting the c~t~nt of Co~cil ~de six years ago in ~e capital bond progr~ where city ~nies were set aside for ~e cons~ctlon of ~e new bridge, or bridges,fid urging serious consideration by Co~uil of ~is Resolution in o~er for it to be pres~ted to ~e State Highly ~ssi~ers at a p~llc hearing to be held on We~esday, Septet 12, 1973, at ~e Jackson Park Recreation Center. ~. ~sk ~en offered ~e foll~ing Resolution ~ing ~e Virginia Depar~t of Highways to schedule ~d provide for const~ctlon of ~e new bridge over ~oke ~ver ~d ~e Norfolk a Weste~ ~ilway C~9~y tracks pro~sed for ~e ~ute 115 P~ject: (%21122) A ~O~ION respectfully urging ~e Virginia Depar~ent Highways to schedule ~d provide for' const~ction of'~e ~ew bridge over ~oke ~ver ~d ~e Norfolk ~ Weste~ ~ilway Comply ~acks p~sed f~.~e ~ute 115 Project U000-128-102, PE-101. (For full text of Resolution, see Resolution Book %38, Page 419.) H~. Link ~oved the adoption o£ ~hn Resolution. The mtion was seconded by ~. Garl~d ~d adopted by ~e foll~g vote~ AY~ ~ssrs. G~l~d, H~d~ Lisk, ~s~ ~ut ~d ~yor W~ber ............................... ~YS~ None .................0. (Dr. Taylor absent} BU~NGS~ ~yor Weber calle~ to ~e att~t~on of Co~c~l ~at 2he five ~ear te~ of ~. Fr~ H~er as a ~mher of ~e ~rd of ~]Bs~mts and ~als, Building ~de, w~ll e~re on Sept~er 30, ~9~3, ~d called for n°~natlo~ ~ E~11 ~e ~nd~ng vacant. ~. ~s place~ ~ n~nation the n~e of ~. Fr~k Hamer. There being no f~er n~nations~ ~. Fr~k Ha~er was reelected as a ~er of ~e ~ard of ~Jus~nts and Ap~als, Building Code, for a of f~ve years ending Sept~er 30~ 1978, by ~e foll~ing vote= FOR ~. ~ER~ Messrs. Garl~d, H~ard~ L~sk~ ~s, Trout and ~yor Webber .............................6. ~Or. Taylor T~: ~yor Webber calle~ to ~e attention of Cocci1 ~at ~ one year te~ o[ ~. J~s R. Spri~le a~ a ~er of ~e Revenue StUdy Co~ion ~ired on J~e 30, 1973. ~. Tho~s ~ved ~at ~. Spri~le be reap~nte~ as a ~er of ~e Rev~ue Study ~ssion for a te~ of one year ending ~e 30, 1974. The ~t~on was seconded by ~. L~sk ~d ~usly adopted. F~[S~: ~yor Webber ca~led to ~e attention of Co~ci~ that ~e one ye~ te~ of ~. J~es E. Cart as a m~er of ~e Fr~chi~e Study C~ttee ~ired on July 1, 1973. ~. Th~s moved ~at ~. C~r be reap~nted as a m~er of ~e Franchise Study Co, tree for a te~ of one year ~ding July 1, 1974. ~e ~t~on was second~ by ~. L[sk ~d ~usly adopt~d. ~GIO~ J~L: ~yor W~ber called to the attention of Co~c~l ~e one year te~ of ~. Jo~ H. W~lson as a m~er of ~e Ja~ Study Co, tree of ~e City of ~oke e~ired on July 1, 1973. ~. ~o~s ~ved ~at ~. Wilson be reap~lnted as a m~er of ~e Ja~l Study Co, tree of ~e C~ty of ~oke for a te~ of one year ending July 1, 1974. ~e ~tion was secondea by ~. ~sk and ~usly adopted. FI~ D~: ~yor W~ber called to ~e att~t~on of ~at ~e one year te~ of ~. ~bert E. Mulls, Jr., as a ~er of ~e Fire House Study ~ttee ~[red on July 1, 1973. ~. ~s moved ~at ~. Mullen be reap~nted as a m~er of Fire House Study C~ttee for a te~ o[ one ye~ ~ding July 1, 1974. ~e ~t~on was seconded by ~. Lisk ~d ~usly a~opted. HOUSING-S~ ~: ~e City Clerk re~rt~ ~at ~. Jo~ F. N~S~, Jr. ~ has qual~fled as a Co~ssioner o~ ~e City of Ro~oke Redevelop- ment ~ Housing Au~or~ty for a t~ o~ fo~ ye~s beg~ng Sept~er 1, 1973. ~r. Trout move~ '..hat t~e report be received and £11ed. The ~21on Vas se~nded By ~. Llsk ~d ~usly adopted. There beinq no f~e~ bus,ness, ~or W~ber declared ~e ~etinq adJou~ed. APPROVED A~ST~ ~~ Deputy City Clerk ~yor COUHCXv., R~GUL~R 14EETXNO, lqonday, September 10, 1973. The Council of the City of ~oanoke met In regular meet/ng in the Council Chamber in the Municipal Building, Monday, September 10, 1975, at 2 p.m., the regular meet/ng hour, with Mayor Roy L. Webber presiding. PRESENT: Councilmen Robert A. Garland, William S. Bubard, David K. List, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber ....................................... ? ABSENT z None ...................... 0. OFFICERS PI~ESENT: Mr. Byron E. Haner, City Manager; Mr. Samuel H. McGhee, XIX, Assis~ant City M~nager~ Mr. James N. Kincanon, City Attorney~ Mr. B. Ben Jones, ~r., Assistant City Attorney~ and Mr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Ra!rmond Moore, Retired }{ethodist Minister. MINUTES: Copy of the minutes of the regular meeting held on Tuesday, September 4, 1973, having been furnished each member of Co~cil, on ~tion of Mr. Trout, seconded by ~r. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. ~EAI~NG OF CITIZENS UPON PUBLIC MATTERS: NORE. PETITIONS AND CO~2~UNICATIONS.* SPECIAL PERMITS: A c(~nmunlcation from Mr. L. R. Peacock, Jefferson Limited Partnership, deYelopers of the First National Exchange Bank Building, requesting a special pe~t to place the footings of their huildlng under the sidewalks along Jefferson Street and Kirk Avenue, was before Council. Mr. Lisk moved that the ~atter he referred to the City Manager and the City Attorney for study, repert and reco~endation to Council. The motion was seconded by Mr. Trout and unanimously adopted. STI~ET L~G~TS: Copy of a co~unication fro~ the Appalachian Power Company transmitting a list of street lights installed and/or r~moved during the month of August, 1973, was before Council. Dr. Taylor moved that the coI=~ttnlcatlon and list be received and filed. The motion was seconded by Mr. Garland and unanimously adopted. SEWERS AND STORM D~NS-WATER DEPART~NT: A communication from Mr. Rupert M. Cassell, 2522 Sharmar Road, S. W., calling attention to a notice from the City of Roanoke Water D6partment advising of a twenty per cent increase in sewage costs, peinting out that he does not feel that this should apply to Spr~ng Valley Highlands or a~y other section located tn the county and serviced by the city because those residents are already paying a one htt~dred per cent premium, was before Council. 139 Hr. Thomas ~oved that ,.he cc~nunication be received and filed. The motion was seconded by Hr. Lisk and un&hideously adopted. STREETS AND ALLEys: An application from Hr. James M. Turner, Attorney~ representing John A. Hall i Company, Incorporated~ and Saunders & Johnson, Incorporated, requestizlg that that certain onopened portion of Seventeenth Street extending in a northerly direction fro~ Campbell Avenue, S.W., be vacated, discontinued and closed, was before Council. Hr. Thomas offered the following Resolution appointing viewers In connection with the request to vacate~ discontinue a~d close the street: (%21123) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act, as viewers in connection with the application of John A. Hall & Co.w Inc., and Saundsrs & Johnson, Inc., to permanently vacate, discontinue and close that certain unopened portion of Seventeenth Street extending generally in a northerly direction from Campbell Avenue, more specifically described below. (For full text of Resolution, see Resolution Book t38, Page 420.) Hr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Trout a~d adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... ? NAYS: None ....................0. Hr. Trout 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. Lisk and unanimously adopted. /~EPOETS OF 0FFIC~RS: BUDGET-REVENUE SHARING-CITY MANAGER: The City Manager submitted a written report requestIng that Council appropriate $250.00 to Advertising under Section 13, 'City Manager,= of the 1973-74 budget, to provide funds in connection with federal regulations which requires the city to publish, in the local media, its plans as to how the revenue sharing 'funds will be expended. Hr. Trout moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (~21124) AN ORDINANC~ to amend and reordain Section %3, =City Manager,= of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book %38, Page 422.) Hr. Trout ~oved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the foll0wlng vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayer Webber ................................... 7. NAYS: None ....................0. BUDG~"D-DEPARTHE1TE OF PUBLIC t~.LFARE; ~e City ~ageg s~ted a ~i~t~ re~gt rec~-~d~9 ~b ;22,000.00 be ~r~sfer~ed fr~ Old ~e ~sis~nce Pugc~sed Se~lces ~o Old Age ~sis~ce~ ~a~ ;21~500.00 be fe~ed fr~ Aid to Pe~ly ~d ~lly Dls~led P~c~sed Se~lces to Aid to Pe~tl~ ~d ~tall~ Dls~led ~d ~ah ~4.200.00 be t~sfegred rrm Aid to Blind P~chased Se~lces ~ ~d to Blind ~der Section S37, of ~e 1973-74 budget, advising ~at ~e S~te Dep~nb of Welfare and lnstitu2~ons has app~ved ~e ~sfer off ~e ~ve ~. Ga~l~d ~ved ~b Co~cil conc~ in ~e reco~en~bion o~ the C~2y ~nager ~d offered ~e roll.lng ~ggenc~ Ord~n~cet (]21125) ~ 0~I~ ~o ~d ~d reordain Sechion ~sist~ce,' of the 1973-74 Appropriation 0~d~nance, ~d providing for an (For ful[ text of Ordin~ce, see 0rd~n~ce ~ok ~38, Page 422.) ~. ~rl~d ~ved ~e adoption of ~e Ord[n~ce. The ~t[on was seconded by ~. Lisk ~d adopted by ~e following voter A~S= Messrs. Garl~d~ H~ard, Ltsk, Taylor, Th~s, Trout and ~yor Webber ...................................... 7. ~YS~ None .......................0. CI~ ~GI~R= The City ~ager s~tted ~e foiling re~rt co~ection w~ ~e p~llc works se~ce c~ter, advising ~at ~e project has be~ split ~nto ~ee phases, ~at It ~s ~t[c~pated ~at by roll.lng me.od of phasing ~nst~ct~on ~at the actual cons~ct~on c~ start s~x ~n~s earlier ~ had ~en originally est~ted ~d ~erefore complete co~s~ct~on app~x~tely s~x ~s ~ead of 'Sept~er 10, 1973 Honor~le ~yor ~d C~ty Cocci1 ~oke, V[rgln[a ~chitect~al ~rk on ~is project ~s n~ progressing rapidly. We have met w~ repres~tives of Vosbeck Vosbeck K~ick ~d Red~nger to d~scuss proced~es ~d me.ods by which ~rk could progress ev~ ~re rapidly in order to gain occup~ of ~e new facility earlier ~d in order to reduce ~e affects of cost escalations due to t~e. We have dec~ded to split ~s project ~nto approx~tely ~ree phases as fo11~s= 1. Rough grad~g of site ~d installation of basic sto~ ~a[nage syst~. 2.Const~ct~on of building shell, including footings, col~s ~d roof. 3. Interior finishing and all r~[n[ng work. Splitting ~e project into phases as described a~ve will ~t ~e City to ~e separate bids on lt~ I and 2 d~ing ~e ~n~ of ~tober, 1973. This woul~ all~ site grading and ~e shell building const~ction to proceed prior to winter wea~er. After ~e shell building con~act ~s awarded des[~ 42: could be f~nlshed based on ths actual structure ~dlich is accepted and then the contract could be advertised for the interior finishing of that st~uctu~oo It Is anticipated that by following this method of phased construction that we can start construction six months earlier than bed originally been estimated-and therefore com- plete const~uction approximately six months ahead o£ time. The architect hss generally agreed to proceed on the fee basis as outlined in the contract for a single construction copy of lit. Hotle¥'s letter of AugUst 29, 1973, concernin9 this ~ork Is attached. This report is submitted for you~ information. Respectfully suh~itted, S/ Byron E. Haner City Hanager ' Mr. Trout moved that the report be received and filed. The motioa was seconded by Mr. Lick and unanimously adopted. SE~EP~S AND STORH DPJtINS: The City Hanager eubmitted a written report in connection with the initiation of a sewer aszessment project for the Fairland ~akes area, advising that this area is experiencing severe problem~ with septic tanks, that the Engineering I~partment has performed preliminar~ engineering ~ork as to possible sanita~ sewer line locations and estimated costs, that a preli~ina~ estimate ~ould indicate that this project would cost in the vicinity of $100,000.00 to $125,000.00 and that with the extremely high number of septic tank problems in this area and especially with short term emergenc~ t~e measures having to be taken by semu of the residents in order to continue to occupy their d~ellings, it is recomaendod that Council initiate a sewer assessment project for this area with fifty per cent of the project cost to be paid by the residents. Mr. Lisk moved that Council concur in the reco~endation of the City Manager. The motloa was seconded by M~. Trout and unanimously adopted. Mr. Lisk f~rther ~oved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Trout and ananlmously adopted. PIP~E DEPARTMENT: The City Manager submitted a written report advising of the retirement of Fire Chief A. K. Hughson effective October 6, 1973. Mr. Trout moved that the report be received with regret. The motion was seconded by Mr. Garland and nnan~ously adopted. FLOODS-HURRICANES: The City Manager submitted a written report advising that the Floodplain Study Cn~ttee presented a report to Council on July 30, 1973, recommending the adoptio~ of a Resolution expressing the interest cf Council in having the United States Army Corps of Engineers complete the proposed upper Roanoke River basin study and that the other localltles affect- ed by this stndy join in requesting that this study be funded and that the 14.3. committee eulmibted a second recc~lendation that Council adopt a Resolution urging the other localities affected by flooding of the ~oanoke River and its tributaries in this area to adopt similar floodplain controls as have been adopted by the city of Roanoke, the City 14anage~-advising that he concurs in both recommendations of the FloOdplain Study Committee and reoomnends that Council adopt the two Resolutions. ~r. IAsk moved that Council concur in the rcc0m~ndations of the City Hanager and the Floodplain Study C~ttee and offered the following Resolution: (t21126) A RESOLUTION seeking Congressional support for funding of the Wilmington District Corps of Engineers~ flood control study for the upper basin of the Roanoke River, and urging other governing bodies within the Roanoke Valley to seek similar support. {For full text of Resolution, see Resolution Book %38w Page 423°) Hr. hisk moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote: AYESt Hecate. Garland, Hubard, Lick, Taylor, Thomas, Trout and Hayer Webber ...................................... HAYS: None .......................0. Hr. Lick then offered the following Resolution urging adoption by the governing bodies of neighboring jurisdictions of regulations regarding the use of property ad,scent to water courses sub~ect to periodic flooding: {#21127) A ItlISOLU~ION urging adoption by the governing bodies of neighboring iuriedictlons of regulations regarding the use of property ad, scent to watercourses sub~ect to periodic flooding. (For full text of Reeolutlonw see Resolution Book #38, Page 424.) Hr. Lick moved the adoption of the Resolution. The motion was seconded by Hr. Trout and adopted by the following vote~ AYES: Hesers. Garlend~ Hubard~ Lisk~ Taylor, Thomas, Trout and Hayer Webber ..................................... 7. HAYS: None ......................0o FLOODS-HURRICAKES: The City Hanager submitted a written report transmitting copy of a communication and press release Bernsteln, Federal Insurance Admlnlstrator~ advising that the sale of Federal Flood Insurance at subsidized rates on an emergency basis has been approved and authorized for the City of Roanoke effective September llw 1973. Hr. Trout moved that the report be received and filed. The motion was seconded by Dr. Taylor and ~nanf~ously adopted. C~RCUIT COURT: The Assistant City Attorney submitted a written report in con~ectien with the expiration of the ter~s of Hr. Charles P. Alexander, Jr., and Hr. Harris S. Birchfleld as S~bstltute 3udges of the City of Roanoke f4'4 ~eneral District Cou~t, as of September 30, 1973, advising that state legislature, effective July 1, 1973, providing for ~e reorg~lzation of ~e Courts o[ ~n~eal~ n~ provides ~t S~stltute ~ud~es oE ~e ~e~al District shall be ap~lnted bX ~e ~ef J~ge oi ~e Circuit Co~2, hence Co.oil need ~ke no action on ~e ave or furze vacancies. ~. ~out ~ved ~t ~e re~rt be received ~d filed. ~e ~tion was seconded by Dr. Taylor ~d ~usly adoptS. IO~I~G: ~e City Pl~ln~ C~sslon s~tted a ~ltta re~rt connection vl~ ~e r~est o~ ~. T. ~eldon ~le, trading as Hale Real Estate Ag~~ ~d ~s. R~ecca Y. ~le, ~at propert~ l~ated near ~e Inter- section of Cove ~ad ~d Hers~erger ~ad~ N. W., described as ~e not.easterly ~tion o[ Official ~ax ~o. 2480147 ~d all o~ O[ficial ~ Nos. 1480117, 2480141, 2480148 ~d 2480111, all oi ~hich contain 16 acres, ~re or less, rezoned Er~ ~-3, 51ngle-F~ly Residential District, to RG-1, ~neral Residential Dls~ict, recomendi~9 that the request be d~ied. In ~is coaec~ion, a com~ica~ion [roe ~. George ~. Harris, Atto~ey, ~epresentin9 ~e petitioners, advising that his clients desire a p~lic hearin9 on ~e re.est was before Co~il. ~. Trou~ ~ved ~a~ Co~cil hold a p~lic hearin9 on ~e request for rezonin9 at 7:30 p.m., H~day, ~2ober 29, 1971. ~e notion ~ seconded by ~. Lisk ad ~usly adopted, With refer~ce to ~e re~est for rezonlng~ a co~ication from ~e ~oke Chapter of Ch~, Inco~orated, giving its wholehearted sup~rt to the housing ~its as pro~sed by ~. T. Weldon ~le ~d advising ~at ~e cons~uction of said a~r~ will be ~ asset to ~is area of nor~w~s~ Roanoke, was before Cocci1. ~. ~out ~ved ~at ~e co~ication be received ~d filed. The motion was seconded by ~. Lisk ~d ~ously adopted. ZONING: The City Pl~g C~ssion s~tted a ~itt~ re~rt in co~ection wi~ ~e r~est of ~e heirs of Walter A. ~d Gle~a Clark, ~at p~perty located at 2516 W~op Av~ue, S. W., described as ~ts 3 and 4, Section 4, Wi~ona ~dition, official T~ Nos. 1270503 ~d 1270504, be rezoned from ~, Dupl~ Resid~tial Dis~ict, to RG-2, ~neral Residential District, rec~ding ~at ~e property be rezoned to RG-1, G~eral Resid~tial District, in lieu of ~e original re.est for a R~2 desi~ation. Dr. Taylor ~ved ~at Cocci1 hold a p~llc hearing on ~e re.est for rezoning at 7:30 p.m., Monday, ~tober 29, 19~3. ~e motion was seconded by ~. ~out and ~ously adopted. ZONING~ ~e City PlYing C~ssion s~tted a written re~rt in co~ection wl~ the re.est of ~e City of ~oke Redevelo~ent and Housing Au'chority that a certain a~ea of land sou'ch of Teze~eXX Avenue and east of tezone~ f~ C-4~ C~a~ B~ness District ~sion ~ea~ to C-3~ Cent;al Bus,ness D~st;~ct~ =ec~ln~ ~at ~e re.est be app;ove~. ~. ~s ~ed ~t a p~llo hear~g on ~e re.est fo~ rezoning be held at ~30 p.=.~ ~n~y~ ~to~= 29~ 1973. The ~tion ~as seconded by ~. ~out and ~usly a~pted. A~I~-CX~ T~U~R-LI~SESz ~. H~ard pres~t~ a re~ of ~e Audit C~ttee reco~ending ~at a contract be authorized for ~xecution betwe~ ~e city ~d Peat, ~lck, ~tche11 ~d C~pany~ Certified ~lic Ac~ts, to provide acco~ting advice to ~e City Auditor in order for his o~fice to ~l~ent a n~er o~ ch~ges recorded in his o~ration by a n~r of ~ag~t ~d fin~cial studies recently done on behalf of ~e city and fur~er recom~ding ~at certain ~tters set out in a co~ication ~der date of August 3, 1973, fr~ ~e C~ty Treas~er to ~e Audit Co. tree be referred by Cocci1 to ~e City*s License Ta~ C~ttee. ~. H~ard o~fered ~e roll.lng ~rgency Ordln~ce au~orizing ~plo~ent of c~in professional accosting ~d auditing se~ices for assisting ~ the ~l~entation o~ certain ch~ges In the city*s auco~ting proced~es, at a cost not to exceed $10,000.00: ~92~28) ~ O~I~ authorizing ~plo~ent o~ certain accosting and auditing se~ices for assisting in ~e impl~entation of certain changes In ~e City*s accosting procedures, at a cost not to exceed $10,000.00~ ~d providing for ~ ~erg~. (For full text of Ordln~ce, see Ordinance B~k %38, Page 425.) ~. H~ard ~ved ~e adoption of the Ordin~ce. The motion was seconded by ~. Tho~s ~d adopted by ~e fol~ow~g vote: AYe: Hassrs. G~l~d, H~ard, Lisk, Taylor, Tho~s, Trout and Webber .................................... 7 · ~YS: No~e ..................... 0. ~. H~ard ~ moved ~at ~e n~e o~ ~e Cityes Lic~se Tag Co~tte~ be ch~ged to City T~es C~ttee. The ~tion was seconded by ~. ~rland ~d ~usly adopted. ~. H~ard f~er ~ved ~at ~e c~icatlon ~der date of Au~st 3, 1973, fr~ ~. J. H. Jonson, C~ty Treas~er, be re~erred to ~e C~ty Taxes C~ttee for study~ re~rt ~d rec~endat~on to Co.oil. ~e ~tion was seconded by ~. ~sk ~d ~usly adopted. ~. H~ard ~inted out ~at ~y m~er of ~e Audit Co--tree will be pleased to meet wi~ ~e City T~es C~ttee wh~ ~t considers ~e co~ication from ~e C~ty Treas~er. UNFXNXSHED BUSINESS t NONE. ~ONSXDERATXON OF CLAIMSs NONE. XNTRODUCTXON AND CONSXDRRATXON OF ORDINANCES AND RESOLUTIONS: BUDGET-SCHOOLS: Council having directed t.be City Attorney to prepare the proper measure transferring ~$650,000.00 from Vocational Technical · Center to Patrick Henry Ad~Ltion under the Transfers within Capital Improvements account, Hr. Trout offered the following emergency Ordinance: (J21129) AN ORDINANCE to amend and reordain =Transfers Within Capital Improvements Fund" of the 1973-74 Appropriation ordinance, and providing for an e~ergency, (For full text o~ Ordinallce~ see Ordinance Book ~38, Page 426.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES= Messrs. Garland~ Hubard~ Llsk~ Taylor, Thomas, Trout and Mayor Webber ................................................. ?. NAYS: None ..................... m ............. 0. MOTIONS AND HISCELIJtN~OUS BUSINESS: REGIONAL JAIL: Mayor Webber presented copy of a communication which he intends to transmit to Hr. William L. Lukhard, Director, Department of Welfare and Institutions, if said con~unication is approved by Council, advising that upon the recon~nendation of the City Manager and the Roanoke City Sheriff, it appears that the City of Roanoke will soon construct a new jail facility adjacent to the existing courthouse and no/nicipal building complex, that hopefully this action will be taken in conjunction with the other governing bodies of the Roanoke Valley; however, the city is prepared to proceed alone if necessary, that should the other governing bodies decline to participate in the construction of this new facility and o~ necessity be accomplished by the City of Roanoke alone, the city would like to inquire as to what funds would be available from the state both for construction and for the operation of this new facility and requesting that the policy of the Department of Welfare and Institutions with~respect to funding the COSt of constr~ction and operation of jail facilities be fur~lshed at the earliest practical date. Mr. Trout moved that Council concur iu the comunicatiou and that the Mayor be authorized to transmit said connnunication to Hr. Lukhard. The motion was seconded by Mr. Thomas and adopted, Hr. Hubard'voting no. ~EGIONAL JAIL: Mr. Habard presented the following co~enicatton in coanectien with the Roanoke City Jail Facilitles, advising that.recently he suggested that Council constitute itself as a co~ttee of the ~ahole, set a time and place to hear all persona interested in this matter, decide where the jail facilities, whether regional or Otherwise, shall be located and then proceed with the building, that he gathers from recent co~nents that a nm~ber of Councilmen feel that this ~ould be a vaste of ti~e, pointing out that he disagrees with that opinion and suggesting that Council set a publio hearing for Honday, October 2~ 1973, to discuss the matter: '$epte_~ber 10,, 1973, TO: Mayor ~oy L. Webber an~ Members of Roanoke City Council ROANOKE c*r~' JAXL FACILITIES Gentlement ! sense that the only facet of the City's need for new jail facilities, upon which there is unanimity on Coun- cilt is that our need Is clear and present. Perhaps you also would agree that we now would be well advised to settle on a location for such facilities and proceed with their design and construe- ! have recently suggested that Councll constitute itself as a com~fttee of the whole, set a time and place to hear all persons Interested in this matter, decide where our Jail facilities, with building. ! gather from the recent conuaents of a number of you t~at you feel that this would be a poor use of our time as you state that all Interested partles have given fully their views. set a public meeting on this matter for Monday, October 2, 1973. lution determining where the city's jail facilities will be located. In the event that Council does not feel that such a public hearing IS appropriate, ~ will move that we resolve (1) to build our City's jail facillties on the property currently owned by Blue Ridge Steel Company on Hollins Road (gth Street) N. E. (2) reaffirm our willingness to fulfill Our obligations under the and (3) offer to the other parties to that Agreement our desire to build a reglonal corrections facility (jail) on this site, with their participation. I feel that that resolution should contain a time limit of some 60 or 90 days for the other jurisdictions to I have purposely not set out in detail here my reasons for supporting the Hollins Road site, as I have previously given you lengthy and detailed memoranda on my rationale of having our jell located away from Dow~town Roanoke. The argu~e/%ts for going the regional route appear to be obvlous and overwhelming. With the Urgent. We just don~t know what size our city ~ or the county for ceedings, so it eeexas ~st unwise for the City to adopt a go-it- alone approach. It bee been suggested that our citizens want a jail downtown. Poppycock[- I am confident that our citizens are most interested in Our building jail facilities that are effectively and efficiently solldatlon in the consolidation referend~z~ of several years ago? S/ William S. Hubard Mr. Hubard then moved that Council set a public hearing on the matter at 7:30 p.m., Monday, October 2, 1973, in the City Council Chamber, and that Council formally invite the Judges of the Twenty-third Judicial Circuit, the City Sheriff, the Chief of Police and any uther public officials or citizens to appear before Council and' express their views as to the location of the jail facility and 147 whether or not we should afflm our wlllin~ness to fulfill our'obl~gatlons under the ~oanoke Valley Corrections Agreement. The motion vas seconded by l~. List. After a discussion of the ~otlon; Mr. Thomas offered a substitute motion that Council hold a public hearLng.at 7:30 p.m., Honday, Octobe~ 8,-1973, tn the City Council Ch~mber, for the purpose of reviewing a report of the City Hanager under date of ~uly 23, 1973, with reference to the Jail faclllttes..and to review a further report from the City H~nager which will include facts and figures con- cerning the property adjacent to the courthouse facilities,tn downtown Roanoke, the K~mball Urban Renewal property and the Orange Avenue property and that Co~ncll formally invite the ~udges o£ the T~enty-third Judicial Circuit, the City Sheriff, the Chief of Police and any other public officials or citizens to appear before Council and express their views ae to the location of the jail facility and whether or not we should affi~ our willingness to fulfill our obligations under the Roanoke Valley C~rrections Agreement. The motion was seconded by ~r. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. ?. NAYS: Nohe ..................0. Mr. W. L. Hazlegrove~ Attorney, representing property owners of the Orange Avenue site appeared before Council and advised that the Orange Avenue site is not available for' sale on a voluntary basis. ANNEXATION-CONSOLIDATION: Mr. Hubard presented the followlng co~ununi- cation in connection with the feasibility of annexation, advising that since no definitive study has evs~ been done on the feasibility of annexation, either generally or as it sp~cifically relates to this Valley, he would strongly urge that such a study be undertaken, and suggesting that most of the work could be done by the City Plannfng Department with the assistance of someone from the Institute of Government at the University of Virginia: 'September 10, 1973. TO: Mayor Roy L. Webber and Members of Roanoke City Council Gentlemen, with the decision rendered by the Virginia Supreme Court on August 30, 1973, in ~oanoke C£ty~s annexation suit against ~manoke County, it appears that our City. is due to obtain, by annexation, a substantial POrtion of our neigh- boring county. This obviously has to be of great comfort to those of us fn City Mall since the City has not annexed one square foot of County land, hy its own petition, since 1~49. But, as welcome as this decision is to the City, it appears to leave unanswered far more questions than it answers. When do the Windsor Mills and Airport areas come into the City? What additional land will we be granted by the annexation court and when will that decree become final? Will that decree be appealed? How much will that additional land - or the land covered By the Supreme Court decree - cost the City? But the one question overriding all others, and one which has never been even asked, is: 'Is it really polit£- cally or economically desirable for Roanoke City to continue to n£bhle away at Roanoke County via annexation?' · ~he Code of Virginia (Section 150i-1041! provides that the annexa~ton COu~t sh~l! consider "the best ~nteree~;of. the-county and the city or to~n, the best ~nterests, services.to be.rendered and needs of the a~eae proposed to be-annexedt ~nd the' best ~nter- eats of the remain~ng port,on of the county.' Even the.~ost biased observer ~ould, ! believer ad~t ~hat n consol~late~ cit~, composed of ~e t~o l~anokes, could, ~f p~operly, gove~ned~ savings which ~muld' result: mn Io~e~ costs to 1~ c[tisena~- In other ~ords, disreqarding* political conaideza~ons,, consolidation makes good econo,iCao A city of 165,000*persons is not tco to be manageable° However, ! have never bean apprised, of any arqument, with doctmentation, that proves that annexation is to the longrange economic benefit to the annexing city or thah it qave its citizens better service or.qove~ment. At the very best annexation Is a sero sum game, ~ere what one party gains the other party loses, as there is no new benefit prnduced by virtue of an an~exation proceedll~g. However~ when one considers {1) the ~assive expense and (2) the 111 feeling qenera~ed, that frustrates cooperation ~n the Valley, this appears to give a negative score to annexation. Witness the recant remark by one member of Roanoke Countyts Board of Supervisors that he viewed the more ~mportant, when one considers the t~me an~ effort diverted by both appointed a~d elective officials in lo, al gove~ents involved in annexation, with the utter abandonment Of long-range planning, annexation seems obviously counterproductive whether viewed from a city or county position. ! realise that It may be viewed by some as heretical for a city ceuncilma~ to question the feasibility of annexation. However, it has come to be almost a reflex action for city offi- cials to view annexation as a device for good and county officials to view annexation as an instrument of evil. Shouldn't we obtain an objective analysis of this matter, by competent persons, before continuing with a Very costly an~ t~ consuming annexation No, is it not irresponsible for us to continue our annexation efforts without having some sound basis to believe that we seek a deslrable end~ The answers seem self-evident. Whatever such a study I~ay show as to the advantages Or disadvantages of ann~xatlon by o~r City, ~ have absolutely no doabt that it ~Duld indicate the c~ear advantage to our entire Valley to consolidate our several political ju~isdictions into one or more cities. Any such ~indinq should engender substantial citizen support for consolidation and should give considerable aid to our bid for annexation of all of Roanoke County if we continue to litigate the pending an~exation su~t. Since no definitive study has ever been done on the feasi- bility of ar~nexation, either generally or as it speciflcally relates to our Yalley, I would strongly urge that such a study be undertaken. I suggest that most of the work on this could be done by our ow~ Plan~ing Department, with the assistance of someone from the Institute of Government at the University of Virginia. S/ William S. Hubard Councilman ' Hr. Hubard then presented t/%e fol~owlng co~enicat~on advising that there appears to be considerable confusion as to the intent of the above co~aunlcatlon relating to the city's current annexation proceed~gs, that he has reread the above communication and a~m~ts that it is subject to more than one interpretat£on and because of this lack of clarity he is transmitting the follow- ing communication which more clearly states his views on this matter: #September 10, 1973. TO: Mayor Roy L~ 'Webber and Members of Roanoke City Council G~ntlemen, there appears to be eonslderable confusion as to the intent of my memorandum to you bearing this date relat- ing to the City's currant annexation proceedings. I have reread this sevexal tlu~s and admit that At is subject, to more than one interpretation° Becguse of this lack of'clarity, ! set .out: here, ~ ~.re~ ble~ly' I ~.t~t,~ ~ i~.in~s on ,'this mortar · : & consolidated city, ~hither.accO~Pllshed by;annexation or r~ferendun, ConsiSting of the.tVo'~l~0anokes,'vould be a manageable city'of'165~OOO~personS,' makes'g6od economic and goverimental Sense,. and'li'cl~erly to ~he' advant.a, ge of our Valley. - ~ the- other.hand,"the: continued pince~eal .annera-. tion of the Coimty .by the City. lb at best questionable; Tradl~innally in an annexstibn proceeding, s City will state a nil~ber of.reasons to support its reqUest for obtaining ' a' portion 0£ an adjoining county. Seem such reasons con,only given are~ (1)-an Increase in the size of the Cl(y. is, per re, desirable '(questionable),- (2}~ ~he Clay'must'have roc~ to expand to remain viable {arguable), and (3) it is advantageous to the City to have its leadership live within its boundaries (valid). Generally no allegation is made by, or testimony offered for, a City as to (1)'the extremely high direct costs of a City annexation prOCeedingS, (2) whether the taxes to be derived fru~ the area sought will exceed the cost of providing govern- mental services to that area, {3) the effect of the animosities created in the jurisdictions involved because of the annexation proceedings, (4) the effect of a virtual halt in all cooperative efforts by the parties to solve existing mutual problems, (5) the cost, in dollars and degradation of service: to the public, to the City of diverting the tine and efforts of its staff. to the annexation proceedings rather than to. its primary job of rendering service to City citizens, and (6) the distracting effect that such proceedings have upon city planning when there is no certainty in knowing the size Of the city in.the It is my contention that a study, considering all oi the above factors, would without doubt, support the City of Roanoke in its bid to annex all of Roanoke County, as it would clearly show the advantage of combining the two Roanokes rather than merely giving the City some portion of the County. This, as I understand it; is precisely what our annexation suit seeks to accomplish. I have no intention of delaying the City in pressing forward with its suit; Indeed, it is essential that this be done without delay.. Since the City re°si certainly must update its exhibits in the annexation suit, such a study could, and should, be made concurrently with such Updating. In view of the importance of this matter tO our City, and your Just receiving these com~ants, I move that the two c~mnunications to Council of this date, concerning annexation, be reCeived and filed. At the next Council meeting, I will move that this matter be referred to the City Hanager for hie study and advice as to the tine, cost, and feasibility of such. a study. S/ Wm. S. Hubard Councilman' Mr. Rubard moved that the two communications be received and filed. Mr. Thomas then offered the followlng Resolution: (~21130) A RESOLUTION relating to the City's and various petitionerS~.. pending annexation cases, recently reversed and remanded for further proceedings in the Annexation Court. (For 'full.text of Resolution,, see Reselutipn Book S38, Page 426.) Hr. Thomae moved the ado~tlon of the Res91ution. The motion was seconded by Mr. Lisk ~nd adopted by the following vote: AYES:' Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... 7. NAYS: None ....................0. ~lth reference to t~e ~tter of annexation, .the Asslsa~2 Cit~ At~e~ S,~tted a ~ltten ~e~ advis~g ~t on 'Sept~e~ 7, 1973, his o~fice ~ec~lved notice o~ ~e Cowry o~ ~okets lnt~tion to' apply Eot a zehearin~ of ~e consoll~ted~ ~at[on cases decided on ~u~st 30~ 1973, by ~e supr~e ~t of Virginia, ~t ~l~ ~i~ty days after Au~st 30, ~ Co~ty ~ust file i~ ~tition for z~ea=~g, ~t ~e detonation o~ ~he~er a ~ehear- In7 ~111 be ~r~ted or ~ot must be ~de b~ one of ~e 3UStiCeS ~o decided ~e cases advezsel~ to ~e applic~t for rehea=~q, ~at If a rehearin~ Is ~r~ted, ~e city ~d ~y ~titioners ~ho ~lsh to my file briefs in o~sition to ~e rehearing ~l~in ~1 days f~ ~e order ~r~ting ~e r~earin~, ~at ~a cases ~ill ~ called for rehearin~ at ~e next session of ~e Supr~ Co~t after' 21 days ~e date of ~e aforesaid order ~d ~ht ~y rehea=~g ordered is placed on ~e privileged docket o~ ~e Co~t and In ev~t such a rehearing is ~ranted, it is likely ~at ar~ent and dete~nat/on off s~e ~ill ~ concluded ~ls 'year. T~FIC-P~ ~ P~YGRO~: ~. Lisk ~ved that ~e City ~na~er be requested to investigate ~e feasibility of el~natin~[ any left-hmd t~s f~m Fr~klin Road, S. ~., onto ~lley Drive, except for vehicles only, ~d, also, ~e feasibility of el~natin~ leik-h~d tu~z Wiley Drive onto Fr~klin ~ad, in order to safe,etd auto, biles and passengers qoin~ no~th or ~o~ on Fr~klin ~ad, S. W. The ~tlon s~conded by ~.' Hubard ~d ~an~ously adopted. CO~CI~: ~. T~ut moved ~at Co~cil neet in executive session for ~e p~se o[ dl~cuss~7 a ~eal estate ~tter. The ~tion ~a~ aeconded by ~. ~s ~d adopted by ~e foli~ing A~: He~s=s. G~l~d, H~a~d, Li~k, Taylor, ~o~s, Trout and W~ber ....................................7, ~YS: ~one ..................... 0. P~ ~D P~YGRO~S: ~yor W~ber called ko ~e attention of Co~cil ~at ~e one ye~ te~ o[ Hessrs. ~chard W. ~ienle, C. E. 'Pond, Fr~ ~. H~dy, H. A. Fisher, ~ack H. ~dyk~ntz ~d 3oseph H. Austin as m~er~ o[ ~e ~oke ~spor~tion Huse~ C~ttee e~i~ed on 3uly 1, 1973, ~at Hessrs. Pond ~d Fisher have declined to se~e ~other ~e~ and called n~nations to flll ~e vac~cies. ~. ~sk moved ~at Hessrz. ~chard W. Xienle, F~ B. H~dy, 3ack H. ~dyk~ntz ~d Joseph H. Austin bereap~inted as m~ers of ~e ~oke ~spor~tion Huse~ C~ttee for te~ of one year each endlng.3uly 1, 19~4. ~e ~t~on was se~nded by ~. G~l~d ~d adopted by ~e following FO~ ~S~. KI~ ~Y, ~D~Z ~D AUSTIN: Messrs. Garl~d, H~ard~ Lisk, Taylor, Tho~s~ Trout ~ ~yor W~ber .......... PAR]~ AHD PLAYGROUNDSz Hayor webber called ~o ~e a~t~tion of Co~cll ~a~ ~e one year ~e~ of ~velo~t C~ttee ~iEe~ ~ ~uly 1~ 1973~ ~d called for n~nations to fill ~. Llsk ~ved ~at ~ars. M. ~1 ~S~ arles N* Fre~ ~be~t N. Fls~ ~d ~s. ams ~e Nlll ~tain ~velo~t C~ittee for te~ of one year each ending July 1, 1974. ~e ~tion was se~nded by ~. ~rl~d ~d adopted by ~e follow~g Garl~d, H~ard, ~sk~ Taylor, Th~s, ~5E~= ~yor W~ber called to ~e attation of Coucil ~at Muse~ Mvlso~ Co~sston e~lred on ~uly 1, 1973, ~at ~. Haynes no longer resides in ~e City of ~oke ~n C. K~ze ~d Willis M. ~derson be reap~inted as m~ers of ~e Muse~ ~viso~ C~ssion for te~ of one year each ~ding July 1, 1974. ~e motion was seconded by ~. Garl~d ~d adopted by the fo11~ing vote: Garl~d, H~ard, Lisk, Taylor, Th~s, ~out and ~yor W~ber ........ 7. adjou~ed. A~ST = Deputy City Clerk ~yor COUNCIL, REGULAR ~EETING, Monday, September 17, 1973. The Council o£ the City of Roanoke met In regular meeting in the Council Ch,ama. er In the Municipal Building, Monday, September 17, 1973, at 2:00 porn. · the regular meeting hour. PRESENT: None ................................................. 0o ABSENT: Councilmen Bobert A. Garland, Wlll£am S. Hubard· David K. Llsk, Noel C.. Taylor, Hampton W. Thomas, James O. Trout and Mayor ROy L. Webber ...... ~ ............................................................. ?. OFFICERS PRESENT: Miss Virginia L. Shaw, City Clerk. A quorum falling to appear, the meeting was adjourned. Deputy City Clerk APPROVED Mayor COUNCIL, I~GUL~R HEETING~ F~ncla~', September 24, 1973. The Council of the City of l~oanoke met In regular meeting In ~e Co~cll ~er in ~e H~ic1~l B~ld[n~, ~day~ Sept~er 24~ 1973~ a~ 7~30 p.m.~ ~e regula~ mee2~ng ho~, ~i~ ~or ~ L. Webber pgesid~ng, P~ Co~cl~ ~b A. G~l~d~ David K. ~sk, Noel C. Taylo~ H~2on W. Th~s~ ~es O. T~ou~ ~d ~yor ~y L, ~ebber ...... 6. ~ Co~cl~ ~tlltm S. H~ard ........................ 1. ~FI~ P~ ~. S~uel H. ~Ghee~ III~ ~sfstant City ~nager~ ~. J~es N. Kinc~on, City Atto~ey~ ~. H. B~ Jones, Jr.~ Assistant City Attorney~ ~d ~. A. N. Gibson, City Auditor. ~TION~ The meeting was o~ned wi~ a prayer by ~e Reverend Fr~k D, J~es, Pastor, W~dla~ United Me~ist Ch~ch. ~S= Copy of the ~nutes of the re~ar meeting held on ~nday, Sept~r 10~ 19~3, having been fu~fshed each ~er of Co~cil, on ~tion of Dr. Taylor, seconded by ~. Th~s ~d ~usly adopted, the rea~fng there- of was dispensed wf~ ~d ~e ~nutes approved as recorded. ~NG OF CITIZENS UPON P~C ~= J~L= P~su~t to notice of advertis~ent for bids for providing ~e ~oke City Jail w1~ a sec~ity s~eill~ce syst~, safd pro~sals to be received by ~e City Clerk ~til 5 p.m., ~nday, Sept~er 24, 1973, an~ to be op~e~ before Co,cf1 at ~:30 p.m., on said date~ ~yor Webber asked ff anyone had ~y questfons ~ut ~e advertis~ent for bfds ~d no representatfve preset raising ~y ~estion, ~e ~yor ~st~cte~ ~e City Clerk to proceed wi~ ~e opting of ~e bids~ whereu~n, ~e City Clerk opened ~d reaa ~e following bids= ~e Har~ & Sons - $ 5~,949.00 ~torola, Inco~rated - 66,245.00 ~. ~o~ ~ved ~at ~e bids be referred to a co~fttee to be appointed by ~e ~yor for t~ulatfon, re~rt ~ rec~endatfon to Co~cfl. ~e ~tfon was seconded by ~. Trout ~d ~usly adopted. ~yor Webber appointed Messrs. S~el H. ~Ghee, III, Chaf~ ~fred ~eckley ~d Pa~ J. Puckett as m~ers of ~e c~ttee. C~ PROPERS: P~su~t to notfce 0f advertfs~ent for bf~s on the painting of various city-o~ed pro~ktfes, said pro~sals to be receive~ by ~e City Clerk ~1 2 p.m., ~onday, Sept~er 24, 19~3, ~d to be opened before Co~cfl at 7:30 p.m,, on said date, ~yor Webber asked ~f ~yone had ~y questions ~ut ~e advertis~t for bids ~d no regresentative present raising any question ~e ~yor fns~cted the City Clerk to proceed wf~ ~e opening of ~e bfds~ whereu~n, ~e City Clerk opted ~ read ~e following bids: A. Fire Depa=tment: Hundley Painting & Decorating Company $ 4,424.00 B. National .Guard Armor~: H~ndley Painting & Decorating Company $ 1,855.00 C. CoLtrt House ~ Hundley Painting & Decorating Company $3,595.00 D. Air,or t: Hundley Painting & Decorating Company $14,919.00 Hlectrical & Industrial Maintenance Corp. 16,442.00 H. Parks and Recreation: Hundley Painting & Decorating Company $ 8,316.00 Alternate Bid: Hundley Painting & Decorating Company $32,150.00 Mro L~sk moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Thomas and unanimously adopted. Major appointed Hessrs. Sanuel H. McGhee, III, Chairman, Webber Charles L. Gutshall and J. H. Brewer as members of the committee. ZONING: Council having set a public hearing for 7:30 p.m., Monday, September 24, 1973, on the request of the Webb Lurer Company for permission to continue to use a s~uall shed-type building to house machinery, the previous buildlng hav~ng been destroyed by fire, at pre-m/sea located at 3514 Moran Street, S. E., in the City Of Roanoke, the matter was before the body. In this connection, the city Plannlng Com/uission submitted the follow- ing report recommending that the reql/est be denied= "August 16, 1973 The Honorable Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request was reconsidered by the City PlannLng Co~m~sslon at its regular meeting of August 15, 1973. This ltem was referred back to the Planning Commis- sion by City Council after a vote of 2-2 at the Planning Commission's last meeting of August 1, 1973. The Planning Director appeared before the Planning Com- ~ssion again and stated that this was a case of a business operating under a non-conforming permit and that it is the general intent of the Zoning Ordinance to phase out such non-conforming uses over a period of t~me, either incremen- tally or in whole, me noted that the Zoning Ordinance provides that when one-half or more of such a structure is damaged by any means, in this specific case, a fire, itshall not be reconstructed except in conformity with the appropriate zon- ing classification. Finally, it was pointed out that this' use was not compatible with the s~rrounding residentlal area. Some discussion centered on the issue of the intent of the Zoning Ordinance with some of the Commission members 155 stat~g that they did not feel that it vas the intent to stop a business because one building has been damaged when tho operation cona£sta of ~tn¥ bulldLnge. Some ~e~bers of the C~mission c~nsidered tho operation ve~ unsightly resul~ln9 fn much haz~ to the surrounding area. Accordfngly~ mohlon Was ~ade end dul~ seconded, a vote o[ t~ (2) ayes ~d fo~ (4) na~es ~ec~ndlnq ~ Cl2y Co~cll ~a~ ~is r~uest be app~o~ed~ ~erefore, 12 Sincerely, Chaf~" ~. ~chael K. S~ltzer, Atto~ey, repres~ting ~e petitioner, appeared before Co~cil fn sup~rt of ~e re,est of his In a discussion of ~e ~tter, Messrs. Garl~4~ Lisk ~ Taylor e~resse4 ~ hope ~at ~. W~b will ~e ~ effort to keep ~e pr~ses in a ~re s~ita~ condition in ~e future. No one appearing fn op~sftion to ~e request, ~. Trout offered ~e following Resolution approving ~e restoration or reconst~ctfon ~4 use of a cer~in no~confo~ng st~=tur~, u~n pr~ses located at 3514 Mor~ Street, S. E. (~21131) A ~SOL~ION approving ~e restoration or reconstruction ~ use of a certain nonconfo~ng struct~e, u~n pr~ses located at 3514 ~r~ S~eet, S. E., being ~ts ~ ~d 11, Section 4, according to ~p of ~tafn View He{ghts ~d bearfng Official Tax Nos. 43910~0 and {For full t~t of Resolution, see Resolution B~k NO. 38, Page 42].) ~. T~ut moved ~e adoption of ~e Resolution. The motion was seconded by ~. ~sk ~d adopted by ~e following A~S= ~essrs. Garl~4, Lisk, Taylor, Tho~s, Trout an4 ~yor Webber .............................. 6. ~YS: No~e ............... 0. {~. H~d absent) ZONING= Co~cil having set a p~llc hearing for 7:30 p.m., Monday, Sept~er 24, 19~3, on ~e question of ~d~g ~e provision of ~e paragraph ~title4 S~ecial ~ceptions After P~lic Notice ~d Hearing by the Board of Zoning Appeals, of Sec. 5.1 of Chapter 4.1, relating to Zoning, of Title of The Code of ~e City of ~oke, 1956, as ~ded, by adding~ in s~paragraph 2 ~ereof, 'c~ters providing specialized educational training an4 semites for ~e h~4icapped,' ~e ~tter was before ~e In ~is co~ectfon, ~yor W~ber s~esseO the fact ~at ~e ~tter before Co~it is merely a z~ing t~t ch~ge ~d not a request by anyone for rezoning of ~y property ~d ~at ~is zoning text ch~ge could effect different areas ~oughout ~e City of ~oke. Wi~ regard to ~e zoning text ch~ge, ~e City Pla~ing Co~ssion s~tted ~e foll~g 15-7 'August 16, 1973 '3"he Honorable Roy L. Hebber,, Hayer and Healbere of City Council Roanoke, Virginia G~ntlem~n: ~na aboye cited r~lUest was considersd by the City Planning Cc~mlssion at its regular ~eting of August 15, 1973. · ~r. Canterbury, attorns¥ for the Roanoke A~ea Association for Ret~dsd Children, appea~ befor~ ~ Pl~ C~ssion ~d r~ested ~t a 1~ plu~ acre site o~ l~d l~ated oa the non.vest alfle of 0~1~ Blvd., H. ~., adjacent to ~e C-1 zone9 d~si~ation to en~le ~e petiti0n~ to build ~rehenslv~ car~ c~t~r ~or r~tarded ~d h~dlcapged ·here ~as op~sition to ~is rezonin9 ~titi~n ~rom con~ov~sy center~ on excessive ~af~ic 9ene~ation, ~ aes~tic factor ~d p~o~ty devaluation. · b~ Pl~in~ ~t~ion a~s all ag~ee~ ~t ~ zonin9 ~e~est vas not app~opriat~ ~o~ ~ls a~ea ~lnc~ a C-1 use ~ts a host of c~rcial uses, but ~at ~e specific ~s~ be~ ~titlonea for ~as in ke~pin9 vi~ ~e ~ec~fled ~at ~ zon~9 t~t be ~ndefl to ~t uae a~ a special exception ~ a restd~ttal district app~opriat~ ~es~ictions ~ d~iinitions delineated. ~is ~pecial excegtion ~o~t~ ~o~l~ ~e~eb~ ~intain th~ ~-3 zonin9 desi~ation but ~t ~ls s~cific use to iocat~ ~i~in ~is dis~lct. Accordingly~ ~tion ~as ~, d~ly seconded and agprove~ ~usly, zec~din9 to City Co.ell ~t a zonin9 text ch~9e be ~fle to ~ticl~ IV, ~ection 5, p~. 2 to include s~cializea e~uca~ional centers as ~ adaitional catego~ as foll~s: Rospitals, s~i~i~, ~est h~, convalescent h~es, h~es io~ o~h~s, h~s for agea, ~ speciallzed educe- tional c~ter, provtfled ~a~ no such ~acilit~ shall l~s ~ 5 ac~es, an~ no building in connection s~ch facilit~ shall be close~ ~ 50 ~eet to the lot line oi any adiac~t resiflential property. d~finitions be ~ed by ~e adflltion of ~e follo~in9 use: S~cializ~ educational c~ter - A c~ter p~ovidln9 ~pecializea eflucational trainin9 ~ semites Sincerely, S/ H~ B. Boston by ~ H~ B. ~ton Valley, appeare~ before Co~c~l ~ a~v~sed ~at he repres~ts approx~tely 6,000 retarded people in ~s area, ~at ~f ~s zoning text ch~ge by Cocci1 ~d ~f ~e Board of Zoning Appeals sees fit to grant ~e ~m~oke ~ea ~sociation of Retarde~ Chil~en, ~nco~rate~, pe~ss~on to const~ct ~s facility for ~e h~capped a~jau~t to ~ ~ H~ll El~en~ School, it w~ll be ~ ~nsp~rat~on to people in o~er areas of ~e c~ty. ~r. ~. R. Canterbury~ Attorney~ representing the ttoanoke A~ea Association of Retarded ChllcLren~ Incorporated~ appeared before Council in suppOrt Of the zoning text change~ and pOinted out that it is advisable to locate a facility of this nature in a residential ares, that the facility will fit the needs of approximately 300 re~arded citizens with a staff of b~tween 45 to 50 people, that the facility will blend in w~th the rest of the resid~ntial c~m~anity, that the facility will set back far enough that there will be a buffer zone between It and the surrounding properties, that construc- tion of the facility will never be a detriment to property values but an enhancement and that the facility will be a local project designed to serve the needs of this comaunity. Hr. Lisk questioned the City Attorney as to whether or not Council could grant a special permit for construction of this facility without providing for a zoning text change or rezoning the property in question. The City Attorney replied that there is no provision in the City Code or the City Charter which would provide for any special exception or special permit. Hr. Harland Perrine, 3836 Greenland Avenue, N. W., appeared before Council in opposition to the matter, advising that he does not oppose the request because it involves retarded people, that if this site was the only site available there m/ght not be any opposition voiced, that if the facility is constructed in the Round Hill area it will adversely effect the neighborhood, that there will be added noise, there will be traffic conjection, that property values will depreciate, and that it does not seem feasible to put a facility of this nature under the approach to the airport. Hr. Max A. Berman, 2513 Round Top P~oad, N. W., appeared before Councll in opposition to the matter, advising that he feels the decision should be left to the discretion of city Council and not to the Board of Zoning Appeals, that the airport noise is not condusive to good education, that there will be a need for added utilities if the facility is allowed to be constructed and requesting that the zoning text change be denied. Hr. James Hebert, 2543 Round Top Road, N. W., appeared before Council in support of the matter, advising that he is the father of a mantally retarded child, that he feels most of the people are opposed to this zoning text change because it will involve retarded children, that these children need a place to get better training and urged that Council favorably consider the zoning text change. Hr. M. S. Kinsey, 3510 Valley View Avenue, N. W., appeared before Coun- cil and advised that his main objection is the fact that if the facility is constructed on the Round Hill site it will take a prime p~ece of real estate off the tax roles and pointed out that construction of the facility will aggravate the present traffic situation. Mr. Phlllip E. Mort=eno, 2501 Maycrest Street, H. W.~ appeared before Council ~d ~de ~efe~ce to ~e additional ~aff~c ~at w~ll be generat~ ~d advised ~t he opuses ~y ch~ge ~ ~e z~g Ord~ce ~at will ~e au~o~ity to ~e such a dec,sion away fr~ ~e City Co~cil. U~n questioning as to whe~e~ or not ~y o~er sites had been e~lored by ~e ~oke ~ea ~s~lat~on of Re~ded C~l~en for facllity~ ~. C. H. G~rets~, ~i~, Site Select~on C~;ttee of ~ CI~, appe~ed ~fore Co~cll ~d advised ~at o~er sites ~rough- out ~e ~anoke Valley were ~vestigated. ~. ~ar Me~elstein~ City Plying Director, appeared before ~c[l ~d advised ~at ~[s use would be in keeping wi~ the character of ~e ~d H[11 area. App~x~tely 125 ~rsons were present in op~s[t[on to the ~tter ~d approx~tely 50 ~rsons were in favor of ~e ~tter. A[ter a ve~ l~y discussion, ~. Garl~d ~ved ~at the ~tter be taken ~der advis~ent ~d continued ~t[l a full m~ersh[p of Co,oil preset. The ~t[on was seconded by Dr. Taylor ~d adopted by ~e following vote: AYES: Messrs. Garl~d, Lisk, Taylor, Tho~s, Trout and ~yor Webber ................................ 6. ~YS: None ................. 0. (~. H~ard absent} ZONING: Cocci1 having set a p~l[c hearing for 7:30 p.m., ~nday, Sept~er 24, 1973~ on ~e request of ~. G~es K. Metz ~at property locate~ in ~e 2900 block of ~ven~d Av~ue~ N. W., described as ~ts 7A and SA, ~ Square, Official Tax NOS. 2160201 ~d 2160203, and property located 2800 block of Floral~d Drive, N. W., described as part of ~ts 9 ~d 10, Block 4, F[oral~d Addition, Official T~ Nos. 2280508 ~d 2280509, be rezoned from ~-3, S[ngle-F~ly Reside=ia1 District, to R~2, ~era[ Dis~ict, ~e ~tter was before ~e ~y. In ~is co~ectlon, ~e C~ty Pl~n[ng C~ss[on s~tted roll,lng re~rt r~c~ending ~at ~e r~est be 'Au~st 16, 1973 ~e H~or~le Roy L. W~ber, ~yor ~d M~ers of City Cocci1 ~oke, V~rg[nia ~tl~n: The ~ove cited re,est was considered by ~e City Plying C~ss[on at its re~lar meet~g of August 15, 1973. ~. Taylor, at~ey for ~e petitioner, speared before ~e Piing C~ssion ~d stated ~at r~est c~e up once before ~ ~ch, 1972, w[~ ~e Plan- n~g Co--ss[on vot~g ~ fair of ~[s petition, but ~at ci~ Co~c[1 had d~[ed ~e re~est. He f~ther s~ted ~at Dr. Metz, ~e petitioner, had asked for a RG-2 zoning des[g- nation last year to const~ct 24 ~its ~d had since decided ~at 18 ~[ts ~uld be su[f[c[~t for his p~ses. He noted ~at actually ~e only street ~at would be effected by this rezon~g ~uld be ~ven~ Avenue Because ~e property ~ul~ not go all ~e way to Floral~d Drive ~ ~at ~e lots on Floral~d ~uld be s~ivided so ~at only one- half of ~ese lots ~uld be used. He fur~er noted ~at the petitioner plans to construct tun-bedroom apartment units, renting for approximately ~145.00 per month and:that the - petltlone~ vould provide 34 packing speces. Finally~ he pointed out that there vas much c~merclal property on Wlllinmson Road and that this use ~ould serve as a good buffer. H~. ~ack No~ 4205 Greenla~m Avenue,-N. W.~ appeared before the Planning C~laslon and presented the C~r~aisaion -~m~ers pith a petition signed by 31 different property o~ners living in this t~dlate area in opposition to this rezoning, stating that this entire area is single-family and that the neighbors vent it to re~ain as such; H~so ~ack Norman~ 4205 Greenla~rn Avenuew N.N., appeared before the Planning Cn~tSsion and-stated.that all' of the co~aercial property in this area Is on l/lllia~son Road and not on these residential streets~ that this has-been a very quiet neighborhood and that many of the residents on these streets are elderly and that no one vents the noise and traffic tha~ an apartment district tends to generate. The Planning Director stated that this is basically a single-family district and that this apartment use vould no~ serve as a buffer from the C-2 district on ~illiamscn Road, that it is not In keeping pith the general character of the area and finally, that it Is a clear cut case of spot zoning. After much discussion by the Planning commission mem- bers, some members felt and stated that this ~ould be the best use of the land, ~hile other members felt that it ~ould do too much harm to the single-family character cE the area and that it ~ould be spot zoning. Accordingly, motion vas made and duly seconded, recommending to City Council that this request be approved, leith a vote of three (3) ayes and three [3) hayes, therefore, it is the recommendation of the City Planning Commission that this request be denied. Sincerely, S/ Henry B. Boynton by LH Henry B. Boynton Chairman' H~. John H. Taylor, Attorney, representing the petitioner, appeared before Council in support of the request of his client, and advised that it is the intention of his client to construct attractive apartments in this area ~hich leill rent in the neighborhood of $145.00 per month. Hr. i/alter D. Patrick, 4334 Delray Street, No I/., appeared before Council in opposition ~o the request for rezonlng and ~ade reference to the traffic congestion, storm drain problems and pointed out that there is no need for more apartments in this area. Hrs. Jack H. Norman, 4205 Greenla~n Avenue~ N. I/., appeared before Council in opposition to the request for rezoning, advising of bad ~ater pressure, sewage problems and traffic congestion lehich pill be leerse iff the proposed apartnents are constructed. Hr. Helvln E. Huff, 4402 Delray Street, H. ~/., and Ftc. Ho g. Elgin, 4310 Delray Street, I~. 14., appeared before Council in opposition to the request and called attention to added traffic congestion, After a discussion Of the matter, Hr. Llsk moved that Coencfl concur in the recon~nendation of the City Planning Commission that the request for rezonin be denied. The motion leas seconded by Hr. Trout and unanimously adopted. 161 PARi~ ~ PLAYGROUNDS-HANDICAPPED PEP. SO~IS~ Chal~ Civic ~d H~ds c~tee of ~e ~oke Co~cll of Garden Cl~s~ Inco~ted~ appea~ed ~fo~a Co~cll ~ ~e~ested pe~ssion fo~ ~e ~oke ~cll oi G~den Cl~s, Inco~ated~ to use a ~gtlon of ~ackson Pa~k ~ded by ~gside ~d ~gho~e S~eets for ~e cons~ctlon of a nature trail ~d fragr~ce g~d~ for ~e enJo~nt o~ ~e visually ~dicap~d and o~ers. ~. Llsk ~v~ ~at ~e ~tter be referred to ~e City ~nager for ~pl~tion i~ said re.est ~ets wl~ his approval. The ~tion was second~ by ~. ~out ~d ~ly adopted. PETITIONS ~D C~I~TIONS: ZONING-SPECI~ PE~TS: A c~lcation fr~ ~. Elvln ~rshall r~estlng ~sslon to perfo~ work on s~ll ~lectrlcal ~lts, on a basis, tn a garage located at ~e back of his h~ at 2238 K~all Avenue, N. E., was ~fore Co~cil. ~. Garl~d ~ve~ ~at ~e request be referred to ~e City ~nager for study, re~rt ~d reco~en~ation ~d ~at ~e City Atto~ey be requested to pre.re ~e proper meas~e In accord~ce wi~ ~e rec~endation of the City ~nager. The motion was seconded by ~. Tho~s and ~usly adopted. FI~ DEP~T~-BUI~IHGS: A c~ication ~rom ~. Joel Krisch~ President, ~eric~ ~tor ~s, Inco~orated, e~ressing the opinion that new fire Ordinances should ~ ~acted such a~ flrepr~fing of motel r~ for ~e protection of ~e p~lic, was before Co~cil. ~. Trout ~ved ~at ~e c~ication be referred to the Co~ssioner of Buildings for his lnfo~tion. The ~tlon was seconded by ~. Lisk ~d ~ously adopte~. P~S ~D P~YGRO~DS: A co~ication from Presider, ~ll ~tain Playhouse Board of Directors, e~resslng appreciation to ~e m~ers of Co~cil ~d all ~ city officials ~der ~e direction of Co~cil for ~e ~endous spirit of sup~rt ~d c~peration ~at has been ext~ded to ~e ~11 ~tain Playhouse C~y ~ing 1973, was before Co~cil. Dr. Taylor ~ved ~at ~e co=~ication be received and filed. ~ motion was seconded by ~. Lisk ~d ~usiy adopted. ZONING: A c~icatton from ~. ~orge W. Harris, Jr., Atto~ey, repres~ting T. Weldon Hale, ~ading as Hale Real Estate Agency, ~d Rebecca Y. Hale, in co~ection wi~ rezoning property located near ~e intersection of ~ve ~ad ~d Hers~erger ~ad, N. W., from ~-3, Single-F~ly Residential Dis~ict, to RG-i, G~eral Residential District, re~estin hearing which has previously been scheduled for ~nday, ~tober 29, 1973, be rescheduled for ~n~y, Nov~er 26, 19~3, was before Co~cil. !~. ~ho~e ~oved f~at Council concu~ in ~e re.est ~a~ ~e F~lic he~tng.be ges~e~ fr~ ~ ~obe~ 29~ 1973~ ~o ~n~y~ Nov~er 26~ 1973. ~e ~t~on vas ~ec~ded b~ ~. ~out ~d ~usly adopted. No. 2~122 ~egard~q ~e Buzzed ~k Fo~d B~dge ~d ~e 13~ Stree2 ~as before ~puty City Clerk City Hall ~oke, Virginia 2401~ ~ls Is to a~ledge a copy of ~o~ letter to ~. Byron Haner date~ Sept~er 5~ 1973, ~d a co~ of your Resolution No. 21122, which was adopted by the City Cocci1 of ~oke on Sept~er 4~ 19~3. ~a C~y Co,eli ~d o~ers have r~ested ~at the new bridge over the Ro~oke River ~ also ~e new bridge over the Norfolk ~fl Weste~ ~ilway tracks be const~cted prior ~e r~der o~ the pro, eot. ~e project is referred to as Route 115 ~hich is not correct. ~ough ~is project is sh~ in ~e ~oke Regional Thoroughfare PI~ as ~ ext~sion of ~ute 115~ only Highway C~ssion c~ approve it as a pr~ extension. ~e new bridge over ~e Nor~o~ and Weste~ ~ilway at 10th S~eet was advertise~ in t~ separate co~tracts at ~e sug- gestion of ~e Highway ~par~t because ~ere was an op~r- t~lty to c~lete the total project ~t a year earlier. Became of ~e l~atton of ~e new bridge in relation ~e old bridge, ~e l~g~ of t~ of construction bridge, ~cause oi ~e railroad ~lv~t ~d right of way involved, it was ~ssible ~d desir~le ~o have two con,acts. ~ough the Buzzar~ ~k Ford Bridge ~y appear to be s~ilar, it is nob, when ~e situation ~ studle~ in dept. ~e prel~tna~ ~rk for ac~sition of right of way t~es a certain ~t of t~e regardless o~ ~e l~g~ of project. It ap~e~s ~at ~e right of way wo~d have to be a~ulre~ fr~ ~verdale ~a~ to ~rton Avenue before a pro~ecb could be a~vertised for just ~e ~o bridges. ~is will r~ire ~e rel~ation of at least ten ~d pro~ly more. The reason for ~ts is to cons~ct ~e fills to ~e briC,es to ~e ~ a us~le facility. It ~sslble to provide a t~ra~ co~ection to existing streetsl however~ such co~ecti~ would be ex~ly hazardous due to ~e grades ~d ~y be ~re dlsadv~tageous ~ utilizing ~is~g facil~ties. If ~e ~ briflges are cons~cted wi~ t~ra~ tie-in ~ ~e ~isting s~eets, it will increase ~e cost of p~ject ~ will re,ire leavlng ~e old river bridge o~n for ~affic wh~ ~e roadway is cons~cte~ to its final grade. It will require a~it~onal design t~e an~ will increase ~ns~c~on probit. We will c~lete ~e road ~d bridge pi~s while ~e right of way is berg ac~ired. The agre~ent will be executed be~een We ~lieve ~at ve~ little, if any, t~' c~ be gained by builder ~e two bridges by a separate con~act ~d certainly it will cost more ~d ~convenience ~e traveling p~llc :1.63 ~ore. lb is ou~ opinion that the desires.of the City officials end the citizens may best be accomplished by advertising the projects as one cc~plete ~ob~ If the Highway Department puts for ~ts best efforts, ~e C~ty a~n~s~ra~on and ~c~1 ~e prat act~ at each step r~lr~ ~e c~tizens co- o~rate ~ ~e a~s~tion of r~ght of way ~ ~e C~ty works w~ ~e De~r~t ~n eve~ way possible ~ople being d~splaced. You ~y be ass~a ~at ~e Highway ~par~nt ~s ready to ~rk w~ ~ C~ty ~ c~eto ~e project as s~n as ~ss~ble. S~cere~y, S/ J. G. ~pley J. G. ~pley Skate Urb~ ~g~neer' ~. Llsk ~ved ~a~ ~e c~$cation be rece~vea and filed. The ~tion was seconded ~ ~. Trout ~d ~us~y ~ORTS OF OFFI~ STA~ H~G~YS= The ~s~st~t C~ty ~ager o~ the City ~ager r~co~en~ing ~at Cocci1 adopt a ~solution approving conc~ring ~n ~e plus for ~e Route 24 having be~ pres~ted by ~e VirginSa Degar~ent ~esSgn p~lic hear~g on W~esday, Sept~er 12, 1973. ~. Lisk ~ved ~at Co~cil concur ~n ~e rec~en~ation of ~e City ~ager an~ offere~ ~e foll~ng Resolution= (%21132) A ~SO~ION approving ~e location an~ desSgn of certain ~p~v~ts to 13~ S~eet, S. E., ~ ~ute 24, ~n ~e c~ky, pressed as State H~ghway Projects ~-128-102, PE-101 ~ 0024-128-103, C-501. (For full t~xt of Resolut~on~ ~ee Re~olutton ~ok No. 38, Page 428.) ~. Lisk moved ~e a~optlon of the Resolution. The ~tion was ~econ~e~ by ~. Trout ~ a~opte~ by ~e following vote= AYES= Messrs. Gar~ LSsk, Taylor~ Th~s, Tro~t an~ ~yor Webber ................................ 6. ~YS= None ................. 0. ~. H~ard abs~k) BU~ET-G~S= The ~sis~t CSty ~ager s~tte~ a written re~rt ~ C~ty ~nager rec~d~g ~at he be au~or~ze~ to execute ~w ~forc~ent Gr~t No. ~2-A1502~ Sn co~ect$on w$~ a gr~t re~est fr~ ~e Juvenil~ an~ ~mest~c Relations DSs~ct Co~t for partial f~dSng for ~e continuation of a Juvenile ~t~tion Prevention Progr~ ~ fur~er reco~ending ~at $72,815.00 be appropr~ate~ to ~is gr~t acco~t. ~. Trout ~ved ~at Cocci1 c~c~ ~n ~e reco~en~at~on of ~e City ~nag~ ~ off,ed ~e foll~ng Resolution: (%21133) A ~SOL~ON au~or~z~g the accept~ca, execution, and of ~e 'Special Con~it$ons for Action Gr~t'Awards' wi~ ~e Division of Justice ~ Cr~e Prevention for ~ action gr~t of ~ederal ~s for cont~nuat$on of a ~uv~ile del~n~ency prev~ntion p~gr~ in ~e city. (For full t~t of Resolution, see Resolut$on ~ok No. 38, Page 429.) ~o T~out ~oved the adoption of the Resolution. The ~otion was A~S~ Messes, G~l~d~ Lfsk~ Taylo~ ~s, ~out ~d ~yor Weber ................................... 5. ~Ysz N~e .................... 0. (~. H~d ~sen~ ~. ~out ~en offere~ ~e Eo~l~ng ~ergen~ Ord~n~ce appropriating $72~815.00 to Section %545, ~Juvenile ~l~n~ Prev~t~on Progr~, 1973-74 budget z (J21134) ~ 0~I~ tO ~d ~d reor~a~ Section J545, '~uvenlle Del~nqu~cy Prevention Pr~r~,' of ~e 1973-74 Appropriation Ordin~ce ~ prov~d~g for an ~ergen~. (For full text of Or~n~ce, see Or,in,ce B~k No. 38~ Page 430.) ~. Trout move~ ~e adoption of ~e Ordin~ce. The ~t~on was seconde~ by Dr. Taylor ~ a~opted by ~e foll~ng vote= A~S= Messrs. GarliC, L~sk~ Taylor, Th~s, Trout and ~yor Webber ............................. 6. ~YSt None .............. 0. (Dr. Taylor ~sent} B~ET-G~TS= ~e ~s~st~t City ~nager s~tted a writt~ re~rt of ~e City ~ager reco~ng ~at he be au~or~ze~ to negotiate ~w ~forc~ent Gr~t No. ~2-A1563~ Training, ~eral D~str~ct Co~t~ to provide atten~ce of Judge J~es P. Br~ce at a co~se on '~i~ence' at ~e National of ~e S~e Jud~c~ - S~c~al Co~t D~v~s~on, ~n Reno, Nevada, ~d fur~er m~ding ~at $824.00 be appropr~ate~ to th~s gr~t accost, sa~ grant being ~n ~e total ~t of $1,098.00. Dr. Taylor ~ved ~at Co~c~ conc~ ~ ~e reco=endat~on of the City ~nager ~d offered the foll~ng ~ergen~ ~n~ce appropriating $824.00 to ~ucat~on ~der Section~ %20, ~neral D~str~ct Court,' 1973-74 budget: (J21135} ~ 0~ to ~en~ ~ reorda~n Section %20, '~nera~ D~s~ct Co~t,' of ~e 1973-74 Appropr~ation Or~n~ce, ~erg~- (For full text of Or~n~ce, see Or~n~ce ~k No. 38, Page 430.) Dr. Taylor ~ve~ ~e a~option of ~e Or,in,ce. The ~t~on was ~econde~ by ~. Th~s ~ a~opted' by ~e follow~g vote: AYe= ~srs. GarliC, L~sk, Taylor~ Th~s, ~out and ~yor Webber ............................... ~YS= None .................0. (~. H~ar~ ~sent) B~-C~ ~GI~R= The Assis~t C~ty ~ager s~ltte~ a written re~rt of ~e C~ty ~ag~ reco~d~ng ~at $3,500.00 be-appropr~ate~ to V~cular ~u~t - Replac~t ~er Section J69, 'S~tation,' provide f~s for ~e ~erg~ negotlat~on ~ p~chase of a leaf collecting ~ch~ne. 165 Hr, Trout moved that Council concur in the reccmnendation of the City Hanager and offered the following emergency Ordin~nce appropriating $3,$00.00 to Vehicular Equipment - Replacement under Section %69, 'Sanitation,' of the 1973-74 budget: ([21136) AN ORDINANCE to amend and reordain Section %69, 'Sanitation,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For ful! text of OrdLnancew see Ordinance Book NO. 38, Page 431.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the follow/ng vote: AYES: Messrs. Garlandt Llsk, Taylor, Thomast Trout and Mayor Webber ............................. 6. NAYS: None ..............0. (Hr. Hubard absent) POLICE DEPARTMENT-FIRE DEPARTMENT= The Assistant City Manager submitted a written report of the City Manager recommending that $31~600.00 be appropriated to Fees for Professional and Special Services under Section %14, 'Personnel,' of the 1973-74 budget, to provide funds ~n connection with physical examinations for both firemen and policemen, said requirement being pursuant to Titles 15 and 27 of the Code of Virginia which provides that in the case of firemen and pollce- man it will be necessary that physical exam/nations be given to determ/ne current levels of health. Hr. Trout moved that Counc£1 concur in the reco~nendation of the City Manager and offered the followlng e~ergency Ordinance appropriating $31,600.00 to Fees for Professional and Special Services under Section %14, 'Personnel,' of the 1973-74 budget: (%21137) AN ORDiNAnCE to amend and reordain Section [14, 'Personnel,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 431.) Hr. Trout ~ved the adoption of the Ordinnnce. The motion was seconded by Mr. Lisk a~d adopted by the following vote= AYES= Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. 6. NAYS: None ...............0; (Hr. Hubard absent) AUDITOi~TUH-COLISEUM: The Assistant City Manager submitted a written report of the City Manager relating to the amendment of Ordinance NO. 20686 with reference to the provision of catering services at the Roanoke Civic Center, reconnnending that Cou~cil around Ordinance No. 20686 to delete that section tltled 'Caterer's Fees,' in its entirety. Hr. Trout moved that Council concur in the recon~nendation of the City Manager and offered the following emergency Ordinance: (%21138) AN ORDINANCE amending and reor~aining Ordinance No. 20686, relating to the schedule of rates and charges for use of the Roanoke Civic Center, by the deletion from said Ordinance of the paragraph providing for caterer's fees~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No.[ 38, Page 432.) Nr. S~OUt moved Lhe adoption of the Ordinance. ~he ~otion was seconded by ~ro Llsk and adopted by the following v~te: " AYES~ HesSrSo Garland, Ltsk, Taylor~ Thomas~ Trout and Hayer Webber ...................... N~YSs None ...............0, (Kr. Hubard absent) AUDITORIUH~COLISEt~4~ The Assistant Clty Hanager submitted a written report of the City Hanager reco~nendlng authorization to execute a contract with LOcal No. 55, International Alliance of Theatrical S~age. Employeee and Hoving Picture Hachine Operators for certain rate changes relat£ve to services of said organization at the Roanoke Civic Cen2er, said changes 1. Perfo~n~nce rates on Sundays end holidays are increased fifty cents per hour per ~an, 2. Take.in/take-out rates provide for t~me ann one-half payment on Sundays, holidays, and work periods in excess of eight hours. 3. Provision ls made for meal break or payment In kieu of meal break when a take-in or take-out exceeds four hours. Hr. Thomas moved that Council concur in the recon~endation of the City Manager and offered the following emergency Ordinance: (121139) AN ORDINANCE authorizing the City Manager to enter into a new agree/dent with L°Cal No. 55, International Alliance of Theatrical Stage E~ployees and Moving Picture Machine Operators, relatlve to services of such organization at the Roanoke Civic Center, upon certain terms and co~ditions~ a~d providing for en e/~ergency. (For full t~xt of Ordinance, see Ordinance Book No. 38, Page 432.) Hr. Thomas moved the adoption of the Ordinance..The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 6. NAYS: None ................0. (Hr. Hubard absent) COMPLAINTS= Council having prevlously referred to the C. ity Manager for investigation a Co~u~ication from HrS. Cosie U. Davey, 3?6 Woods Avenue, the street~ in her area, the Assistant City Manager subndtted a written report of the City ~Lanager trans~ttting copy of a co=anteatlon from ~trs. Davey expressing appreciation to the City Manager for having th~ sftuation corrected. Dr. Taylor moved that the report be received and filed. The motion was seconded by Mr. Trout and unaninously adopted. POLICE DEPARTM~T-FIP~ DEPARTMENT: The Assistant City Manager submitted a written report of the City Hanager in connection with the status of personnel in the Police Department and the Fire Department as of Au~st 31, 1973, advising that as of August 31, 1973, there were two vacancies in the Fire 167' and thirteen vacancies In the Police Department~ three of which are auxllia~y police positions. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. COUNCIL: The City Attorney submitted a written report requesting an executive session with the members of council prior to adjournment of the Council meeting to be held on September 2%, 1971, for the purpose of briefing and discussing certain ~atters concerning real estate pending in litigation. Mr. Trout moved that Council concur in the request of the City Attorney for an executive session. The motion was seconded by ~r. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................. 6. NAYS: None ..............0. (~r. Hubard absent} BUDGET-CITY GOVEI~NME~T: The City Auditor submitted a written report advising of the anticipated necessity to borrow money on a temporary basis for the purpose of meeting operating costa of the city government and transmitting a Resolution which provides for the borrowing of a maximum of $4,500,000.00. Mr. Thomas moved that Council concur in the report of the City Auditor and offered the following Resolution: (~21140} A RESOLUTION authorizing the negotiation of short-term loans for the purpose of paying current expenses or debts of the city. (For full' text of Resolution, see Re~olution' Rook No.i 38, Page 433.} Mr. Thomas moved the adoption of the Resolution. The motion was seconde~ by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. 6. NAYS: None ................ 0. (Mr. Hebard absent) AUDITS: The City Auditor submitted a £iuanclal report of the City of Roanoke for the month of August, 1973. Mr. Garland moved that the report be received and filed. The motion was seeonded by Mr. Lisk and u~animously adopted. BUDGET-~LFA~E DEPARTMENT: The City Auditor submltted a monthly statement of expenditures for publlc welfare for the month ended August 31, 1973. Mr. Lisk moved that the statement be received and filed. The motion was seconded by Mr. Garland and unanimously adopted. P~EPORTS OF CO~dIT~-ES: GAI~BAGE P~EMOVAL: Mr. Trout presented copy of the following communication In connection with acq~isition of the M. S. Tho~as property for regional landfill pu~ses, advising that it is the recommendation of the Regional Solid Waste Committee that the Roanoke County Board of Supervisors and the ~oanoke city Council take action to exercise their option for the purchase of this property prior to the termination of that option on October 19731 'Septembex 17, 1973 Revexend C~ Lo Dodson Nayor Roy L. Webber 5302 Grandln Road Extension 4000 Wllliamson l~oanokew Virginia Roanokew Virginia The Regional Solid Wastes Comalttee met at 2 p.m. on Friday, September 14, in the Executive Chambers of the Roanoke Huniclpal Building to receive a ~rittan coz~nunication and ver- bal report from N~. Joseph A. Robinson, ~ro, Project Hanager fo~ ~hc~pson and Litton, Inc., Engineers performing the landfill study for the Regional Solid Wastes Co~ittee. This report concerns the status of the engineering studies for the landfill site under consideration on the property of Hr. Thomas which property had bean selected by the committee for consideration. The consensus Of the opinion of the consultant end the ~mbers of the Solid Wastes Co~!ttee was that the site is suitable for use as a regional landfill. The consultant indicated that it is dottbtful if the co~nlittee would be able to acquire a tract of land of this size with fewer site problems. There was discussion o~ the fact that the purchase option held jointly by the County Of Roanoke and the City of Roanoke for this property expires on October 1, 1973, and that the final. report from Thompson and Litton would not be ready for s-~!ttal to the ¢~!ttee before that date. The letter received from Thompson and Litton, Ino. seems to 1says little doubt as to the usabillty of this property for landfill purposes. Representatives Of the City of Roanoke indicated that the City would be willing to acquire the property end advance the balance of the $237,500 purchase price, namely, $235,500 for.purchase of the proposed landfill site if the County of Roanoke so desires and concurs in the reco~mendatlon of this Committee by timely exercise of the outstanding purchase option. The motion was made, seconded, and passed with one abate~ltion to reco~end that the Roanoke County Board Of Supervisors and the Roanoke City Cotmcll take action to exercise their option for the purchase of this property prior to the termination of that option. Accordingly, this recommendation is being forwarded to your governing bodies. It is hoped that your governing bodies will concur in the reco~endation of the Regional Solid Wastes Committee and take expeditious action to perchase this property. Respectfully sub~tted, S/ James O. Trout Ja~es O. Trout Mr. Trout moved that Coencil meet in executive 5ession for the purpose of discussing a landfill matter. The motion was seconded by Mr. Thomas and adopted by the following vote: Webber ........................... 6. /4AYS= /4one ............. 0. (Mr. Habard absent} Later dttring the ~meting and after the conclusion of the executive (J21141) AN ORDINANC~ eXercising a right to purchase approximately 261.25 acres of land situate in'the Vlnton Ma~isterial' District i~ ~anoke Cotmty, Virginia, east of the Blue Ridge Parkway and south of Roanoke River, upon certain terms and provisions~ providing for notice of the city's exercise of a certain purchase option! ~roviding for payment Of the purchase price there- of upon dellye~ of good and suff~cient deed or deeds therefor and for recorda- tion of such deeds~ and providing for an ~m~rgency. (For full text 'of Ordinance, see Ordinance Book No. 38, Page M~. Trout moved the adoption uf the Ordinance. ~he motion was seconded by Hr. Llsk and adopted by the following vote: AYES= Messrs. Garland, L~sk, Taylor, Thomas, Trout and Hayer Webber ................................ 6 · NAYS: None ........~ ........ 0. (Hr. Hubard absent) UNFINISHED BUSINESS: NONE. CONSIDENAT~ON OF CLAIMS: NON~. INTRODUCTION AND CONSIDERATION OF O~DINANCES AND P~SOLUTION$: NONE. MOTIONS AND ~SCEL~NEOUS BUSINESS: SPECIA~ PEP~H~TS: Counci! havin~ referred to the City Manager and the City Attorney for study, report and reco=nendation a co~unication from Hr. L. R. Peacock~ Jefferson Lim/ted Partnership, developers of the First National Exchange Ba~k Bullding~ requesting a special permit to place the footings of thel building under the sidewalks along Jefferson Street and Kirk Avenue, S. W. Mr. J. Stuart Franklin, Jr., appeared before the body an~ requested that Council favorably consider the request and take invaediate action thereon. It appearing that the City Manager had not reporte~ to Council with regard to the request, Hr. Thews moved that the City Manager be instructed, if at all possible, to report to Council at the next requler meeting of the body on Mon~ay, October l, 1973, with his recommendations with respect to the request of Jefferson Lilaited Partnership'an~ that the City Attorney be instrncte~ to prepare ~he proper measure in accordance with the reco~endatlons of the City Manager. Th~ motion was seconded by Hr. L/sk and tma/li~ously adpted. STATE HIGHWAYS: Hr. Lisk moved that the City Manager be requested to investigate and s,~t a report to Council with reco~endations in reference to implementing certain pha~es of the Ten Year Highway Plan as it relates to the Elm Avenue realignment between Jefferson Street and Franklln ~oad in connec- tion with the new federal building which will be constructed. The motion was seconded by Garland and unanimously adopted. At this point, Mayor Webber declared the meeting recessed until 10:00 a.m., Wednesday, September 26, 1973. At 10:00 a.m., Wednesday, September 26, 1973, Coth~ci! reconvened with Mayor Roy L. Webber presiding. ~69 PRESENT: Councilmen Robert A. Ga~landt David K. Llskt Noel C, Taylor, James O. Trout and Mayor,Roy L. ,Webber ................... ABSENT~ Councilmen William S. Hubard and ,Hampton W., Thomas .... 2. OFFICEI~ PRESENT: ~, Samuel H. McC.~.ee~ III, Assistunt City ~a~ager; ~. Ja~es N. K~ncanon~ City Attor~ey~ Mr. H. Ben Junes,, Jr., Assistant City Attorney~ and ~r. A. N. G~hson~ City Auditor. GARBAGE I~EMOVAL: }tr. Trout advised that o~ Tuesday~ Septe~aber 22, 1973, he attended a meeting of the P~anoke County Board.of Supervisors with a communication from ~ayor Boy L. Webber addressed to the Board of Supervisors in referenence to a reeo-~endatlon from the Regional .Solid Wastes Committee that the Board of Supervisors of Roanoke County a~d the Council of the City of Roanoke take t~mely action to exercise the joint six months purchase option which was procured by those bodies from Mr. M. S. Thomas under date of October 2, 1972, advising that the members of Boanoke City Councll fully concur in the reco,~enda~ ~ade by the Regional Solid Wastes Con, tree, that Roanoke City Council adopted an Ordinance indicating its desire to exercise its joint rlght with Roanoke County to purchase the M. S. Thomas property in accordance with.the terms of the outstanding option agreements which must,-if exercised by the parties,qbe acted upon prior to October 1, 1973, and additionally authorization was provided that should the Board of Supervisors of Roanoke County slmilarly elect to exercise the County's purchase right but desire that the City of Roanoke advance, for the time being, the County's portion of the unpaid purchase price, namely $117,750.00, the city m~ght proceed with the p~rchase of said property but with a one-half interest i~ the property to be conveyed to the county upon arrangements being made for the clty~s reL~bursement, Mr. Trout pointed out that said communlca~ion was received and filed by the Board of Supervisors. ~ayor Webher then requested that the City Attorney read the Ordinance with reference to acquisition of the M. S. Thomas property in its entirety. Mayor WeBber called attuntion to the following paragraph in said Ordinance: 'WHEP~EAS~ a joint purchase option of certain land, hereto- fore t~ken and acquired By the City of Roanoke and by the County of Roanoke, jolntly, is about to expire and the governing bedy Of said County, although requested so to do By the city, has failed and refused to act upon said option, a/though this Council has, by Ordinance No. 2114! elected to exercise the city's joint rights with said Co~ulty under said purchase option, and in full accordance with the terms there- and questioned whether or not the words, ·and xefuse ," should be deleted from the proposed Ordinance. M~. Trout moved that the words, "and refused," he deleted from the proposed Ordinance. The motion was seconded by Mr. Lisk and unanimously adopted. Mr. Trout then offered the following emergency Ordinance, as amended: (121142) AN ORDINANCE aut~orlzing the acc~lsltion of certain real estate situate in Roanoke County, wanted ~d needed for s~lta~ l~dflll p~ses, u~n certain te~ ~d cond~tionsl ~d providing for ~ ~rgen~. (For full t~t of Ord~ce, see Ordin~ce ~k No. 38, Page 436.) ~. ~out ~ved ~e adoptioa oE ~e Ord~ce~ as ~nded. ~e ~t[on was seceded by ~. L~sk ~d adopted by ~e foll~[ng vote~ AY~ Messrs. G~l~d, L~sk, Taylor, ~out ~d ~yor Webber ........................... 5. ~YS= N~e ............ 0. (~essrs. H~ard ~d Th~s absent) ~. Llsk suggested ~at ~. Trout ~ge ~e ~g~onal Sol~d Wastes C~ttee to proceed to si~ ~e l~d[lll agre~ent on a regional concept. ~er~ being no [~er bus.ess, ~or Webber declared ~e meeting adjo~ed. APPROVED ~putyCityCl~k Mayor COUNCIL, ItEGUL~R HEFTING, Nonday, October 1, 1973. The Council of the City of Roanoke met In regular meeting in the Council Chmnber in the Hunicipal Building, ~tonday, October It 1973t at 2 the recyalar meeting hour, with HayorfRoy Lo Webber presiding° pI~ESENT~ Councll~- Robert A..Garland, William S. Huba~d, David K. Llskt Noel C. Taylor, Hampton W. Thomas, Ja~es O. Trout and Hayor Roy L. Webber .................. , ............. ~-7. ABSENT~ None .................0. OFFICERS PI~F~E~T: Hr. Byron E.. Naner, City Hanager~ H~. Sam HcGhee, III, Assistant. City Hanager;.Hr._H. Ban Jones, Jr., Assistant City Attorney; and Hr. A° N. 6ibson, City Auditor. INVOCATION: The meeting was ot~-ned with a prayer by the Reverend David Bo Howell, Pastor, Windsor Hills United Hethodist Church. HIh-JTE$: Copy of the minutes of the regular meeting held on September 24, 1973, having been £ttrnished 'each me~ber of Council, on motion o£ lit. Trout, seconded by H~o Lisk and unanimously adopted, the reading there- of was dispensed with and the minutes approyed as recorded. H~M~NG OF CITIZEI~S UPON pUBL~C_H~TTERS: PAI~S ~ID PLAYGROUNDS: Pursuant to notice of advertisement for bids for resurfacing, seallng and marking.the South Roanoke Park, the Washington Park and the Shrine Hill Park te~s courts with Yynatex 23, said proposals to be received by the City Clerk untll 2 p.m., Monday, October 1973, and to be opened before Council at ~hat hour, Mayor Webber asked if anyone any questions about the advert~s~mant for._bids and no representative present raising any question, the l~ayor instructed the Deputy City Clerk to procsed with the op~ning of the bids~ whereupon,-the Deputy C~ty Clerk advised that no bids had bean received on this project. NO blds having been received, Mayor Webber advised that the matter would be referred back to the city Manager for further consideration. JA~L: Pursuant to notice of advertis~meet for bids for alterations to the dete~tlon cells on the first floor of the l~oanoke Court House, said proposals to be received by the City Clerk until 2 p.m., Monday, October 1, 1973, and to be opened before Councll at that hour, Mayor Webber asked if anyone had any questions about the advertisemant for bids and no representative present raising any question, the Mayor instructed the Deputy C~ty Clerk to proceed with the opaning of the blds~ whereupon, the Deputy City Clerk opened and read the one bid received from Hodges Lu~lbur Corporation in the amount of £T3 Dr. Taylor moved that the bid be referred to a committee to be appointed by the Mayor ~or study, report and recommendation to Council. The motion was seconded by Hr. Trout and unanimously adopted. ~ayor Webber appointed Hessrs. Byron ~. ~aner, Chairmant Pau! J. Puckett and Sam H. McGhee, IIX, as members of the committee. ZONINGt At the last regular meeting ~f the body on Hondayt September 24t 1973, Cotmcil took under advisement and continued & p~blic hearing on the c!alestion of amending the provision of. the paragraph entitled Special .Exceptions After public Notice and Hearing bi the Board of Z~-{-g Appeals. of Sec. ~.1, Chapter 4.1~ relating to Zoning, of Title XV, of The Code of the City of Roanoke, 1956~ as amended~ by ad~lng, In subparagraph 2 thereof, =Centers providing specialized educational training and services for the handicapped~" the matter was again before the body. Mr. Garland advised that during the past week Council has received a great deal of criticism because of its inaction on the matter, that the reason he made the motion at the September 24 Council meet- ing to take the request under advisement was (1) he wanted the opportunity to take another look at the neighborh~od a_nd (2) there was a possibility having a tie vote on the questiou, Pointing out that the people in the'Ro%uad Hill area are to he comauended for their beautiful residen- tial section, that he can understand their' not wanting to increase traffic or interfere with theLr privacy or seclusion, however, he knows no one would want to discourage helping those who are handicapped and who have not had a proper chance in life, that handicapped people have enough going against them as it is, that this valley is i~ dire need of such a facility and that after weighing all facts involved, he feel he must go along with the request for the zoning text change. Mr. Thomas spoke against adopting the proposed Ordinance which would take the authority tO ~ake such a decision away from City Council and place it in the hands of the Board of Zon~g Appeals, advising that he is of the opinion that the City of Roanoke should go on record as being available and willing to work with the ROTARY Club and the Roanoke Area Association of Retarded Children, Incorporated, in reference to the project, hut he cannot see where Council would he wise if it opens the door to every P~~I, RS-2 and RS-$ district in the City of Roanoke just to find a solution to this particular problem. Mr. Hubard ~ade reference to the question of whether or not Council should delegate its authority to make such a decision to the Board of Zoning Appeals, advising that he is of the. opinion that if Council did not delegate ~any of its responsibilities each and every week it wonld get very little accomplished and that he is in favor of approving the zoning text change. Dr* Taylor advised that he is not in favor of the proposed zoning text change and that he feels the responsibility of making such a decision should be left to the CoUncil. . _ After a' rather lengthy discussion~of the p~oposed Zoning Ordinance text change, Hr. Garland moved the adoption of tho proposed Ordinance which ~ould add specialized educational t-~aining'end so'vices for the handicapped as a special exception to be considered.by the Board of Zoning Appeals under Section 5.1, Chapter 4.1, Title XV, of The'code of the City of Roanoke, 1956, as amended. The motion was seconded by Hr. Lisk and lost by the following vote: AYe: Messrs. 'Garland, H~bard.and Llsk ........................ NAYS: Messrs. Taylor, Thc~as,~ Trout and Mayor Webber .......... : Upon advice from the Assistant City Attorney, Mayor Webber advised that the ~tter will be referred back to the City Planning Commission to consider the original petition of the Roanoke Area Association of Retarded Children, Incorporated, that 12.979 acres of land, more or less, Official Tax No. 2250101, located on the northwest side of Oakland Boulevard, N. W., adjacent to and northeasterly from Round Hill Elementary School be rezoned from RS-3, Single-Family Residential District, to C-l, Office and Institutional District, the City Planning Cc~ssion to svh~t its recommendation to Council as to the rezoning Of the abovedescribed property. BUILDINGS-SPECIAL pE~LITS: Mr. Robert Herold, Prelect Director, Lendy's Restaurants, appeared before Council and requested permission to allow four exterior arches in the front of the n~w Lendy's Townsquare Restaurant located at the corner of First Street and Luck Avenue in Downtown Roanoke to extend four inches beyond the maximum allowed in the Building Code. Mr. Trout moved that the request be referred to the City Manager and the City Attorney for study, report and recommendation to Council. The motion was seconded by ~r. Llsk and nnani~ously a~opted. PETITIONS AND COMMUNICATIONS: GENERAL DISTRICT COURT: ,A communication from Mr. Beverly T. Fitzpatrick, Chief Judge of the General District Court, requesting that /mmediately upon the Police Department ~ving to new quarters that the largest space that can be made available as a result of the ~ve be prepared for a semi-permanent courtroom with adequate benches so that the business of the General District Court can be conducted properly and with dignity, was before Council. Hr. Thomas moved that the c~unicatlon be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Hr. Trout and unanlmously adopted. BUILDIHGSs A communication fr~ Hr. John P. Conew Jr.w Chairman, Southwest Section Virginia Chapter, The American Institute of-A~chitects, urging that arrangements be made to ~ork with the other local governing bodies tho Southern Standard Building Code to the Code of the Building Officials and Code Administrators, Incorporated, and suggesting that consideration be given to a c~ policy concerning ~d~ich code ~ould be applicable to projects for vhich dravlngs are completed and revieved just prior to the changeover date, vas before Cot.mcil. Hr. Thomas moved that the co~uunication be referred to the City tlanager for study, report and recom~endation to Council. The motion vas seconded by Hr. Trout and unanimously adopted. to the tax~aying public that requires t~anediate policy decision at Council Of personal property taxes and city auto decals~ and (2) changes in the procedures for the assessment and collection oi city professional and It appearing that this matter has already been referred to the City Taxes Committee for study, report and recon~endation, Hr. Trout moved that the co~aunication be referred.to the City Taxes Committee for consideration and report to Council by the next regular meeting of the body on Honday, October 8, 1973. The motion vas seconded by Hr. Lisk and unanimously adogted. Dr. Taylor offered the following Resolution appoin'ting vievers in connection vith vacating, discontinuing and closing said street: ($21143} A KE-~OLUTION providing for the appeintment Of five free- of Robert A. l/ingfield, Gr., and Hartha l/. i~ingfield, husband and wife, and Thomas Ho Beasley, Gr., to vacate and close an tmused and unopened portion of Walton Street, N. E., 40 feet in width and extending 112 feet south from the 1les be~een Lot 60, Block 12, Lilly View Hap and Lot 62A, Block 12, Gacks~n (For full text of Resolutlon, see Resolution Book No. 38, Page 4~7.) ~75 Dr. Taylor moved the adopt~or~ of~the Resolution, The ~otion was seconded by Hr. ~ouh and adopted by the'£ollo~ln~ vote~ · AY~S~ Messrs. Garlandt Hubard, Llskt Taylor, Trout and Mayor Webber ................................. 6.: HA¥S~ No~e ..................0. (Hr. Thomas not voting~ Mr. L~sk ~oved ~hat the matter.he referred to the City Planning ~o~$sion for study~ report and reco~endation to Council. The motion was seconded by ~r. Trout and unanimously adopted. I~EPORT$ OF OFFICEP~ $PECL~L PEI~t~TS: Council having referred to the City Manager and the City Attorney for study, report and reco~enendation the request of Jeffer- son Limited Partnership, developers of the First National Exchange Bank Building, for a special permit to place the footings of their Building under the sidewalks along Jefferson Street a~d Kirk Avenue, th~ Assistant City Manager and the City Attorney sutm~tted a written report in connect[on with the request, reco~unending that the requested encroachment be granted in accordance with certain provisions. Hr. Trout moved that Council concur An the reco~endation of the Assistant City ~ager and the City Attorney a~d that the following Ordinance be placed upon its first reading: (t21144} AN OI%DINANCE permitting the construction of certain underground fcot~ngs for a new build~n~ .to be erected on the northwest corner of South Jefferson Street ~nd Kirk Avel~ue~ S. W. ,- designated as Offlclal No. 1011714 to un¢=oach not more than 2.5 feet over the west llne of the p~blic right-of-way of Jefferson Street and not more the/1 3.0 feet over the north line of the right-of-way of Kirk Avenue, S. W., upon certain terms and conditions. WHEi~EA~, representatives of Jefferson LL~/ted Partnership and Others, owners of the property designated as Official No, 1011714, have requested that they be permitted, ~ the cunstructlon of a new office building on said property, to construct and malntai~ within the rlghts-0f-way of South Jefferson Street and Kirk Avenue, S. W. abutting said property, certain underground footings extending over the property l~nes and into said rights-of-way as hereinafter provided, which proposal has henn referred to th~ City Manager and the City Attorney who, conferring with the Building Comm~ssioner and with said owners, have recommended that the request 'he approved upon th~ conditions hereinafter contalned~ and WHEP~AS, pursuant to the authority vested in local governing bedies by S$15.1-376 of the 1950 Code of Virginia, as a~ended, this Council la agreeable to the owners' proposal mid is willing to permit the aforesaid encroachments over the public rights-of-way herein described, upon the terms end conditions hereinafter contained. · UEP~FOP~, BE IT ORDA/NED by the Council of the City of Roanoke that permission be mid is hereby grmited Jefferson Limited Partnership, Hational Theab~e Corporation and Hen~ $choll, Jr., ~nd )lurlel I. Scholz, husband end wife, o~nere of property bearing Official No. · 1011?Il, located on the northwest corner of South Jefferson Street encroachments into the public rights-of-way of Jefferson Street and Kirk Avenue, S.' W., as said streets abut said property, ten, (10), reinforced concrete footings as sho~n on a certain Foundation Plan prepared by Sherertz mid Frmiklin, A~chitects and Engineers, for The First National Exchange Bank Building, Roanoke, ¥irginis, dated September 21, 1973, a copy of which said plan is on file in the office of the City Clerk, the top of no footing to be less than twelve feet below existing sidewalk grade at the property line and no such footing to encroach more than 2.5 feet over the west llne of the right-of-way Of Jefferson Street nor more than 3.0 feet over the north line of the right of way of Kirk Avenue, S. H., and to be constructed as shown on the cross-section insert contained on said plant all such construction to be ~ade with approved and permitted building materials and to be constructed mid safely and properly maintained at the expense of the aforesaid owners, their successors or assigns, under a building.permit issued therefor by the Building commissioner of the City of Roanoke, in accordance with such of the City's buildlng regulations and requirements as are applicable thereto, and with pa!r~ent by said owners to the City of an almual fee of $150.00 for the permit herein grallted~ it to be expressly understood and agreed by said permittees that the perm/ssion herein contained is subject to the limitations contained in SS15.1-376, e_~t seq., of the 1950 Co~e of Virginia, as a~ended, a~d that said permittees, by making and lnaintatntllg said encroachments, agree that they and their successors and assigns wLll indemnify mid save harmless the City of Roanoke of and from all claims for injuries or damages to property or persons that may arise by reason of such encroachments. BE IT FURTHER ORDAINED that the provisions of ~his ordinance she1! not become fully effective until such time as mi attested copy of this ordinance shall have been duly slgned, sealed, attested and acknowledged hy said permittees-end shall have been admitted to record at the expense Of said permitters in the Clerk,s Office of the Circuit Court · of th~ City of Roanok~. and until a written permit shall have been issued :1.77 178 by t~e Cl~y*s Building Conn~ssioner for ~3e constFUction o~ ~he encroach- n~s herein au~oFlz~ ~o be The ~ion vas seconde~ b~ ~. L~sk ~ adop~ b~ ~YS~ None ............................ O. BUS~ The City ~ager s~ttud a ~itten re~rt tr~tting copy of a c~lcat~on 'fr~ ~. J. W. Stye, President, ~oke City L~nes~ Inco~rate~, advising ~at ~e bus c~y ~s w~lling to continue o~ratt~s ~r0ugh ~c~er 31, 1973, as ~ey are a~ being rendered $14,000.00 ~n~ly suppl~t being paid by ~e City of Roanoke continuing ~ough ~e ~t~ded ~r~ ~d ~at-~f"~y ~ce~nt~es develo~ in such a way as to greatly increase' ~eir oparat~g'cost~before ~e end year~ ~ey will ask ~e city for ~. Trout ~ved ~at ~e re~rt~ be received and filed. The ~tion was seconded by Dr. Taylor ~d ~ly adopted. B~-S~ The City ~ager s~tted a written re~rt ~an~tt~g copies of co~icat~ons advising of a p~liu hearing on ~tober 4~ ~973~ at 10 a.m., ~n Ho~e ~ 4~ State Cap~tol~ Ric~ond, Virginia, wi~ refer~ce to ~king' ~t ~d~to~ ~at governing b~es approve school budgets on or ~fore Apr~l 15 of each year. ~. L~sk ~v~ ~at ~e ~yor he-requested to agpoint a representative of Co~c~l to appear at ~e p~l~c hearing on ~tober 4, 1973, for ~e p~se of ~tat~g ~e ~s~on o~ ~e Cocci1 of ~e City ~0ke. The ~t~on was seconded by Dr. T~ylor ~d ~usly adopted. ~yor Webber appointed ~e C~ty Auditor and ~e City ~nager as a c~ttee of Co~c~l. - ~. L~sk f~er ~ved ~at ~e City Auditor and C~ty ~nager be ~s~cted to speak ~ oppos~on to ~ging sa~d date at ~e ~t~on was seconded by ~. Trout ~ ~ously adopted. S~ OF P~OPER~-~E ~V~= The Assistant City Atto~ey s~tted a ~tten report of ~e City At~ey advising ~at ~e City of ~oke has'enter~i~nto ~itt~ con~act'of sale wi~ ~. H. S. Tho~s for ~e p~chase of s~ parcels of l~d-~ ~e Vinton ~gisterial District of ~anoke Co~ty, sou~ of ~oke ~ver ~d east of ~e Blue R~dge Par~ay, u~n ~e te~ ~d condi~ons ~et Out ~ Ordin~ce No. 21142. ~. ~s moved ~at ~e re~rt be received ~d filed. .The ~tion was seconded by ~. ~out ~d ~ly adopted. AHNF~ATIOH-SE~S ~D S~O~! DRAINSZ The ~sis~t c~t~ Atto~e~ s~t~ a ~itt~ ~e~t o~ ~e Cit~ At~e~ advls~g of ~e roll,lng occ~ces d~g ~e ~st week ~ c~ec~on wl~ ~tteEs ~ litigationz ' (a) There was filed ~ ~e Supr~ ~2 of Virginia on behalf of ~uoke ~ty ~at p~tyes witt~ ~tition setting out ~t2e~s u~n ~ch it bases-~ts applicat~on~ for a rehearing b~ ~t ~t'oE ~e ~s decision In ~e a~exation case rec~tl~ reversed ~d ~ed~b~ ~at Co~t for addit~onal p~oceed~gs ~n ~e ~a~ co~t. It r~lns to ~ dec~ded b~ ~e Supr~ ~Z ~he~er or not a rehearin~ rill be (b) The~e ~as se~ed on ~e ~o~ ~d on ~e C~ty ~ttorne~, for Clt~ s~ns ~'~er. a. c~la~t filed in ~e U. S. District for ~e Heste~ Dls~ic2. of V~r~inia on behalf of J. Carl Poindexter, of Sal~, .~.o~e~s~ as a class action, agains2 ~e ~oke ~t~ P~c. Se~ce Au~orit~, ~e Co~t~ ~oke, ~e Cl2~ of S~, ~e Clt~ of ~anoke~ and certain o~er def~. Tho ~st of ~e vol~nous complaint appea~s. ~o be to-d~ ~e val~d~t~ of ~e V~r~nia Hater and Se~e~ ~u~or~es ~t, ~e legal S~tus of ~e ~anoke Co~t~ P~lfc Se~fce Au~ority. ~d ~e validity of certain ~nds lssu~ by ~at Au~or~ty. ~fs off~ce will represent ~e City of ~anoke's ~sitfon Wi~ res~ct to ~e co~lafnt.' ~. Trout ~ve~ ~at' ~e re~=t be received and filed. ~e ~tfon was seconde~ by ~. Lfsk ~ ~an~usly adopted. CO~CIL-C~ A~Y= The Ass~st~t City Atto~ey s~mitted a ~ltt~ re~rt of ~e City At~ey requesting-~e op~rt~fty of meeting wf~ ~e m~rs of Co~cil ~ executive session prior to ~e adjour~ent of ~e regular mee~ng of Co~cil on ~day, ~tober 1, 1973, for ~e p~se of briefing ~ dicussfng cer~fn ~tt~rs concerning real estate pending fn litigation. ~. Lfsk ~ve~ ~at Co,oil conc~ ~ ~e r~uest of ~e City Atto~ey. The motion was seconded by ~. Th~s ~d adopted by the following vote = AYe: Messrs. Garl~d, H~d, Lfsk, Taylor~ Tho~s, Trout and ~yor W~ber ................................ ~YS = None .......................0. A~ITS-S~: The City Auditor s~tted c~fcatfons ~ans- ~ttfng re~r~ of ~na~ons of ~e Jefferson S~for High Sch~l ~tfvities ~d ~d ~e Pa~fck H~ High' School Activities F~d for year end~ J~e 30, 1973~ ~de ~y ~e f~ of ~ews, Burket and Certified P~lfc Acco~, ~der ~ ~rec~n of hfs office, advising ~at ~e reports s~te ~at ~ey reprint fairly ~e financial condition of ~e f~ds at ~e ~d of ~e audit period. ~. Trout moved ~at ~e re~rts be received and filed. The ~tfon was seconded by ~. ~s ~ ~usly adopted. ~PORTS OF C~= S~ ~ S~ D~NS = Co~cil hav~g referred to a co~fttee for study, re~rt ~ reco~datfon ~e one bid received for clewing, test- ing ~d grouting v~fous s~ita~ sewer l~es wf~fn ~e City of ~oke, 179 the committee submi%t~l, the following, report reco=~ending that a contract be awarde~ to R. E. Chakalee. & Associatea,'Zncorporated, Ln the amount of $147,860.00 aa itemized in · communication [rom Hr. R. E. Chakales under date of September 17, 1973: 'October 1, 1973 .... :- ' Honorable NaYor and City Council Roanoke, Virginia Gentle~en ~ After proper advertisement, bids were received and publicly opened and read' at the regular meeting of City Council on Monday, August 27~ 1973~ for cleaning, testing end grouting various sanitary sewer l~nes within the City of Roanoke.' The ~nly bid received was that sul~itted attached tabulation o£ bids. your comm/ttce has reviewed the bid and has met with A~ditionally, the committee has checked with other comunities for which this firm has done s~mllar work. determined that the City could furnish the necessary water used in cleaning of the sanitar~ sewers and that the contrac- tor could thereby deduct $10,050 from his contract price. It was additionally det~-m/ned that the contractor would be permitted to work at night on certain sections of the sani- tary sewer lines and that the contractor would thereby be able to deduct an additional ·$10,660 from his contract price. Hr.-Ch~kales.has_su~m~tted.a lettar.-to.the City dated ~Sept~mber 17, 1973,~a copy of which ~ attac~ed wh/ch specifies these t~o deductions and ·which establishes a revised unit'price J-n the amount of $147,860 as itemized in the letter Of itT. N. E. Chakales dated September 17, 1973. ~spect fully suhm/tted, S/ Byron E. Naner S/ Sam H. McGhee, S/ Joseph H. Brewer commSttee and offered the following emergency Ordinance: (~21145) AN OP~)~NANCR providing for the cleaning, testing and grouting of various sanitary sewer lines ~n. the city by the award of a (For full text of Ordina~cew see Ordinance Book No. 38, Page 438.) seconded by Hr. Thomas and adopted by'the following vote: Mayor Webber ............................ NAYS: None ...................0. CIT~ PROPF~TY~ Council h&vinq referred to a committee for tabulation, report and rec~--dation the bids received for fttrnlshlng all labor, materials, tools and equipment necessary to accc~plish painting in various city-owned buildings, the ¢o~ttee su~mitted a written report reco=enending that the bid of H~dley P&lnt~ng and Decorating Company for paintLng the interior at 45 fire station, th~.~nterior and exterior at 41! fire station, the exterior of the National Guard Armory, the exterior at airport building %1, the exterior at airport building 411, the exterior at airport building 412, the exterior at air, oft buildings 417, ilS, 419 and 420, the interior of Eureka Park Recreation Center, the interior of the Parks and Recreation Office building and the exterior of the Buena Vista Recreation Center, In the total amount of $26,316.00, be accepted~ and further reco~mendlng that the interior Of the Court House Building, the interior at airport building and 418, the ~nterior at athe Airport Terminal Building, the exterior and interior of the Preston Park toilet and the interior of the Preston Park Recreation Center be painted by city forces. Mr. Lisk moved that Council concur in the reco~endatlon of the committee and offered the following e~nergency Ordinance: (421146) AN ORDINANCE awarding contracts for the painting of the interior and exterior Of specified public offices andbuildings in and/or belonging to the clty~ and providing for an eu~rgency. (For full text of Ordinance, see Ordinance Book No. 38, Page 440.) Mr. Lisk moved the adoptlon of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and ~ayor Webber ................................ ?, NAYS: None .......................0. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLA/M~= NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INTEGNATION-SEGI~EGATION: Mayor Webber called to the attention of Council that there are two vacancies on the Fair Employment Practices Committee and called for nominations to fill said vacancies. Mr. Hubard ~laced tn nonu[nation the na~e of Mrs. Hallie B. Albergotti. There being no further nominations, Mrs. Hallie B. Albergotti was elected as a member of the Fair Employment Practices Committee for a term Of one year ending July 1, 1974, by the following vote: FOR ~I~S. ALBE~GOTT[: Messrs. ~arland, }~ubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .......................... ?. 181 FI~ODS-HUR~CAt~S: Nayor Webber called to ~e att~tion of ~cll ~a~ ~e te~ of Ness~s. ~orge ~. Pltze~ ~s N. ~lby~ Vlncen~ ~ttee e~tred ~ July 1~ 1973~ ~d cai/ed for n~na21ons to fill ~e ~. ~s plac~ In n~na2~on ~e n~s o~ ~ssrs. ~orge L. Pltzeg, J~es H. ~lby, V~c~ S. ~eeler~ N~lli~ L. Hye~s, and J. ~. ~opk~s. 3~es H. Co~y~ V~c~t S. ~eele~ ~llll~ L. ~ers~ ~d J. T. Hopkins year each endin7 3u~y 1~ ~974~ by ~e roll.in9 vote~ S~ ~D S~ D~NS= ~ter c~letion' of the executive ~ession, ~. ~o~s offer~ ~e following ~rgen~ Ordinance relating to the ac~lsi- (S21147) ~ O~l~ relating to ~e ac~isition of certain in ~nd~ation proceedings along wi~ settl~e~t of ~e cla~ of the {For full text of Ordin~ce, see Ordin~ce ~ok No. 38, Page seconded by ~. LiSk ~d adopted by ~e roll,lng vote= ~. Th~s offered ~e following ~e~en~ Ord~n~ce appropriat~g $12,700.00 to Sewage ~ea~t ~l~t ~sion ~der Section ~550, 'Sewage Trea~ent Capital I~rov~ents F~d,' of ~e 1973-74 budget, to provide f~ds in co~ection wi~ ~e ac~isltion of certain parcels of l~d needed for ~e e~sion of ~e' Sewage Trea~nt Pl~t: (~21148) ~ O~IN~ to ~end ~d reorda[n Section $550, =Sewage Trea~ent Cap~tal ~rov~' F~d,= of ~e 1973-74 Sewage Trea~t App~pr~ation Ordin~ce, ~d providing for ~ ~ergen~. (For full text of Ordin~ce, see Ord[n~ce Book No. 38~ Page 443[) ~. Th~s ~ved ~e adoption of ~e Ordin~ce. ~e ~tion was se~nded by ~. ~out ~d adopted by ~e foll~ing vote: AYES z Hessrs. Garlandw Hubard, Lisk, Taylor, Thomasw Trout and Mayor Webber .............................. ?. NAYSz None ..................... 0. Mr. Lisk offered,he following emergency Ordinance providing for relocation assistance payments to certain owners and/or tenants displaced by reason of the acquisiton of proper2y for expansion of the Sewage Treatment Plant= (~21149) AN ORDINANCEp~ovidlng for relocation assistance payments to certain owners and/or tenants displaced by reason of the acquisiton of property for expansion of the city's sewage treatment plant upon certain terms and conditionsj and providing for an emergency. (For full text of Ordina~ce, see Ordinance Book No. 38, Page 443.) Mr. Liskmoved theadoption of the Ordinance. The motion was seconded by Mr. Trout end adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... 7. NAYS= None ..........................0. Mr. Trout offered the following emergency Ordinance appropriating $12,500.00 to Sewage Treatment Plant Expansion under Section ~550, 'Sewage Treatment Capital I~nprovementsFund,= of the 1973-74 budget, to provide funds in connection with relocation assistance payments to certain and/or tenants displaced by reason of the acquisition of property for expansion of the Sewage Treatment Plant= (~21150) AN O~DINANCE to amend end reordaln Section %550, =Sewage Treatment Capita! Improvements Fu~d,= oft he 1973-74 Sewage Treatment Fund Appropriation Ordlance, and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book NO. 38, Page 444.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garlend, Hubard~ Lisk, Taylor, Thomas, Trout a~d Mayor Webber ............................. 7. NAYS= None---= ................0. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST: Deputy City Clerk Mayor 183 COU~CIL~ I~GULARHEETING~ .~onday~ October 8, 1973. The Council of the City of Roanoke met In regular meeting In the Council Chamber ~n the Municipal B~llding, Healey, October 8, 1973, at 2 p.m., the regular mee~ng hour, with Mayor Roy L. Webber presiding. PRESENT= Councilmen Robert A. Garland, William S. Hubard, David K. Lisk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber .................................. ABSENT= None .................O. OFFICERS PRESENT= Mr. Byron E. Haner, City Manager~ Mr. R. Ben Jones, Jr., A~sistant City Attorneyl and Mr. A. N. Gibson, City Auditor. INVOCATION= The meeting was opened with a prayer by the Reverend WllliamL. Vann, Pastorm Greene Memorial Unlted Methodist Church. ACTS OF ACKNOWLEDGEmENT-HANDiCApPED PERSONS= In observance of National Employ the Handicapped Week, each member of Council entered the Council Chamber in wheelchairs. Mr. George DevOns, Chairman of the Mayorts Committee on Employment o~ the Bandicapped, appeared before Councll a~d advised that the Council-in- Wheelchairs ts one metho~ of creatlng awareness of the needs of the handicapped and pointed out that there are ~any architectural barriers to handicapped persons all over the Roanoke Valley. Mr. Lisk, Co-Chairman of the Mayorts Committee on Employment o~ the Handicapped, advised that the City Of Roanoke has one of the finest Mayor's Committees in the State of Virginia and presented a brochure prepared by the P~anoke Con~n~ttee which has received statewfde recognition and which the President's Committee is trying to duplicate on a natlonal basis, Co-Chairman Lisk expressing appreciation to the Mayor for his leadership to this co~ittee. Mr. Devlns then presented the Mayor with an award for continuous service from the Virginia Easter Seal Soclety. Mayer Webber expressed appreetatio~ for.the award end requeated that the Deputy City Clerk read , in its entirety, a proclamation proclaiming the week of October 7 - 13~ 1973, as NATIONAL EMPLOY THE HANDICAPPED WEEK. Mayor Webber then advised that the proclamation will be filed and made a part of the offlclal records Of Council. M~NUTES= Copy of the ~nutes of the regular meeting held on October l, 1973, having been furnished each member of Council, on motion of Mr. Trout, seconded by Mr. Lisk end ena~imously adopted, the reading thereo£ was dispensed w~th and the m~nutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS~ NONE. PETITIONS AND COMMUNICATIONS: BUDGET-CITY CLERX-ROANOI~E GAS CQHPANY: A co~mv, nleation from the Deputy City Clerk requesting that $?27.60 be appropriated to Advertising under Section ~2~ "Clerkw' of the 1973-74 budget, to provide funds to pay The World- News for p~blication of a notice solielt~ng bids for a gas franchise in the City of Roanoke, a check for said $727.60 having been submitted to the City of Roanoke by the Roanoke Gas Con, any pursuant to provision contained In Ordinance No. 21084, was before Council. ~r. Trout moved that Council concur in the request of the Deputy City Clerk and offered the following emergency Ordinance: (t21151) AN ORDINANCE to amend and reordaln Section %2, 'Clerkw of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 44?.) Mr. Trout moved the adoption of the Ordinance. The motlon was second- ed by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garlandt Hubard, Lisk, Taylorw Thomasw Trout and Mayor Webber .................................... 7. NAYS: None ....................0. BUDGET-PAY PLAN: Copy of a Resolution adopted by the Roanoke County Board of Supervisors o~ Tuesday, September 25, 1973, approving supplements to the salaries of the Judges of the General District Court and the Juvenile and Domestic Relations District Court aubject to approval of said supplements by the City of Salem, was before Council. Mr. Garland moved that the Resolutlon be. receiYed and filed. The motion was seconded by Mr. Trout and unanimously adopted. U. S. S. ROANOKE-AUDITOP~UM-COLISEUH-pARKS AND PLAYGROUNDS= A conmnmication from Mr. Charles D. Fox, III, in connection with a previous communlcation written by h~m with regard to displaying the ship's bell from the U. S. S. Roanoke at the Roanoke Civic Center, advislng that no report has been submitted by the Roanoke Civic Center and Stature A~visory Connnission in connectlon with the matter and pointing out that it is essential that actlon be taken ~m~ediately, was before Co~u~cil. Mr. L~sk~ a member of the ~anoke Civic Center and Stadium Advisory Co---~ssion, advised that at the last meeting of the Commission, it was agreed to accept the bell and the ad~nlstratiun was instructed to install the bell on the concourse at the Roanoke Civic Center if physlcally possible. The City Manager advised that he contacted Mr. John W. Chappelear, Associated Architects and Engineers of Roanoke Valley, to ascertain whether or not it would be physically ~osstble to insta]~l the hell_on the concourse at the Civic Center, that Mr. Chappelear informed h~m that the bell could be displayed on the 185 concourse In front of one of the columns, howeverw Mr. Chappelear further advised that frc~ an aesthetic atand~oint the Civic Center would not be ~he proper place to display the bell and that it seems to Mr. Chappoleer that the appropriate place for display of the bell would be at the l~oanoke Transportation Huseum. After a discussion of the matterw Mr. Llsk moved that the City ~anager be instructed to accept the ship's bell from the U. S. E0 Roanoke and that said bell be permanently displayed at the Roanoke Civic Center. ?he motion wes seconded by Hr. Thomas and unanimously adopted. FLOODS-HURRICANES{ A com~unication from Mr. Eugene T. Jensen~ Executive Secretary, State Water Control Board, advising that the State Water Centre! Board ts pleased that the City of ~oanoke has qualified for emergency participation in the National Floo~ ~ns~ranue program and assuring the city of the continued interest of the Water Control Board in the progress of programs for flood and mudslide protection and the beneficial use of resources~ was before Council. Dr. Taylor moved that the communicat/en be received and filed. The motion was seconded by Mr. H~bard and unanimously adopted. SMOKEs A con~unlcation from Hr. Fred Ko Presser tendering his resigna- tion as a member of thu A~r ~ollution Control Board, was before Council. Dr. Taylor moved that the resignation be accepted with regret. The motion was seconded by Mr. Lisk and unanimously adopted. ZONING: A c~unlcation from Mr. Berlin R. Jones requesting perm~ssion to operate a small repair shop on a part-tLme basis in his home at 1211 Punted Avenue, S. E., and trans~L~tt~ng a petition signed, by twelve residents of Punted Avenue and Langhorne Street, S. E., advising that they have no opposition tO the request, was before Council. Mr.. Lisk moved that the regnest be referred to the City Manager and the City Attorney for study, report and recc~nendatton to Council. The motion was seconded by Hr. Hubard and unanimously adopted. STREET LIGHTS: Copy of a cc~maunlcatton from the Appalachian Power Co~a~y transm~tting a list of street lights installed and/or re~oved during the month of September, 1973, was before Council. Mr. Thomas moved that the com~Ulicat~on and list be received and filed. The motion was seconded by Mr. Trout and unanL~ously adopted. 'R~PORTS OF OFFICEP~= PARKS AND P~AYGROUNDS: The City Manager submitted a wTitten report recommending that Council exercise Its right to purchase seven acres of land from the Ja~es E. Long Construction Co~any, Incorporated, adjacent to the cityts open space p~operty on H/Il Mountain, said land being needed to replace or substitute for approximately seven acres Of land utillzed by the city for solid waste disposal purposes and that $4,900.00 be appropriated for this purpose. Mr. Trout moved that Council concur in the recommendation of the City Hanager and offered the following emergency Ordinances {121152) AN ORDINANCE exercising the right to purchase approximately 7.00 acres of land situate on the south slope of Mill ~ountain in the City of l~oanoke, Virginia, adl&cent to the existing Mill Mountain property of the City of Roanoke, upon certain terms and provisions; providing for notice of the city's exercise of said purchase option; providing for payment of the purchase price thereof upon delivery of a deed to the city and for recordation of such deed; and providing for an emergency. {For full text of Ordinance, see Ordinance Book We. 38, Page 449.) H~. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Rayor Webber ................................7. NAYS: None .......................0. Hr. Trout then offered the following e~ergency Ordinance appropriating $4,900.00 to Mill Mountain Land Acq~isition under Section %89, "Transfers to Capital Improvements Fund,= Of the 1973-74 budget, to provide funds in connec- tion with the purchase of said abovedescribed land: (%21153) AN ORDI~a_NCE to emend and reordaln Section %89, 'Transfers to Capital I~rovementa Fund,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book NO. 38, Page 449.) Mr. Trout moved the adoption of the Ordin~-¢e. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES= Messrs. Garland, Hubardt Lisk, Taylor, Thomas, Trout and Mayor Webber ..................................... 7. NAYS: None .....................0. BUDGET-pARKS AND PLAYGROUNDS: The City Ha~ager s~bm/tted the following report in connection with improvements to the Chfldrem's zoo atop Mill Mountain, recommending that a total of $19,000.00 be appropriated to various accounts to provide funds for this purpose: =October 8, 1973 Honorable ~ayor and City Council Roanoke, Virginia Gentlemen = For some years only minimal funds have been expended towards improvelu~nta and maintenance of the Childre/l~s Zoo on Mill Mountain, with the result that it is no longer the source of pride to our citizens that it once was. As it is felt that this is still ail important aspect of OUr COn, unity a~d as I em certain that it is Council"s desire to maintain this as an attractive and viable facility for our citizens, it is felt that f~nds should be appropriated to enhance and improve the Children's Zoo. 187. t88 The City of Ito~noke is quite fortunate to have an active a~d Interested Indlvlddal;at the hel~ of the Soo activities at this time.-As the Zoo Nanager, }ir. Peter Via has displayed an Intense Interest in moIntalning and up~rading that facility.' ~. Via and ~h:. Rex ltltchell have prepared a program for lmprovlng'.the' zoo so' aa to make it more attractive to our citizens:and safer for the animals which reside there..~ To accomplish the rec~end ed constructio~ improvements, it will require an appropri- ation of $13,?00. This amount of.money will replace the roof which was removed frc~ over the pen which formerly housed the elephant! It wlll.construct-a' new roof over the prairie dog lot! It will construct a'new monkey house with the necessary septic faollltiee, and it will install heat and additional eleotrical utilities.to the building presently utilized as an office facility. The necessity for this Is to per~tt the housing o£ animals in this facility during the cold months of the winter. In the past, It has been the.practice to transfer these animals to other zoos and In all instanc~s this has not proven. to be a satisfactory solution. In addition to the new construction listed above, it would be proposed that City Council appropriate for painting of numerous facilities such as the rabbit house, shed in the goat lot, Noah*s. Ark and'the surround~ ing pool, duck pond, inside cougar cage and so forth. Three hundred dollars Is needed for the replacement of the valves for the duck pond and bear cage and $2,000 for the purchase of additional animals. These would include additional ~onkeys to go Into the new exhibit. These items total an additional $5,300. Itzw~u~d be red,ended that City Council appropriate $13,700 to a capital improvement prelect for construction work at the Zoo and $3,300 to Parks and Recreation Depart- . ment Accotult 75, Object Code 255, Maintenance o£ Buildings and Grounds, plus $2,000 to Object Co~e 320, Operating Supplies and Materials for the purchase of the additional Generally speaking ! would not consider It goo~ practice to ask Council for additional funds In midyear for such an actIvityl however, having observed the condition of the Zoo during this past stu=~er a~d being aware of the intense interest tn this activity not only by Mr. Via but by the citIz~lls at large within our City, · feel inoumbe~t to endeavor to upgrade this facility prior to its op~ning this ne~t spring. It would be asked that City Council make the above listed appropriations so that this work might be accomplished prior to the reopen- ing of the Children's Zoo. Respectfully submitted, S/ Byron E. Haner City ~2nager ' Mr. Trout moved that Council concttr in the reco~endatlon of the City Manager and offered the following e~ergency Ordinallce appropriating $3,300.0~ to Maintenance off Buildings a~d Property, a/id $2,000.00 to:Operating Supplies and Materials under Section %~, 'Parks and Recreation,' and appropriating $13,700.00 to Mill Motmtatn Zoo Improve~_nts'~nder Section %89, 'Transfers to Capital Lmprovel~nts Fund,' of the 1973-74 budget.- (%21154) AN ORDINANCE to amend and reordain Section %75, 'Parks and Re- creation,~ and Section %89, 'Transfers to Capital Improvements Fund,~ of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 450.) 189 M~, Trout moved the adoption of the Ordinance. The ~tion ~as eeconded by ~, ~sk ~d adopted by ~e foiling AYes Messrs. G~l~d~ H~d~ ~sk~ Taylor, ~s~ ~out and ~yor Webber .................................... 7 · ~YSs None ..................... 0. BUI~INGS-SPECZ~ PE~TS~ The City ~ager s~ltted a ~ltten re~rt ~ co~ection wl~ ~e r~est of ~dy~s Resta~ts for ~ssion to all~ fo~ exterior arches In ~e f~nt o~ ~lr,new building on First Street to ext~ fo~ inches beyond ~e ~ all.ed In ~e Building ~ode, ruc~unding ~at ~e r~uest be approved. ~. Th~s ~ved ~at ~e ~tter be referre~ to the City Atto~ey for preparation of ~e proof ~asure. The ~tion WaS seconded by ~. Trout and ~usly adopted. S~ OF PROPE~-CI~ ~GI~= The City ~ager s~tted a ~itten re~rt in' co~ection wl~ a t~tive agre~ent for ~e purchase approx~tely 15.368 acres of l~d ~o~ as ~e Willi~on H~estead or the L~ens Heirs property, said l~d being needed for e~sion of the center for storage ~d ~i~t~ce of city sch~l buses, rec~en~ing that Co~cll adopt ~ Ordin~ce which will au~orize ~e City ~nager to offer to ac~ire ~ls 1~ at a cost off ~. Trout ~ved ~at Co~cil conc~ ~ ~e reco~e~flation of ~ City ~nager ~ offered ~e follow~g ~ergen~ Orflln~ce= (%21155) ~ 0~I~ au~orizing ~ directing ~e City to ~e a wrltt~ offer in ~e ~t of $360,000.00 to ~e heirs at law of Willi~ L~s for ~a p~ase of a cer~in ~act of land ~d u~n accept~ce of said offer, providing for ~e p~chase of sai~ tract, u~n certain conditions~ ~fl providing for ~ ~ergen~. (For full text of Ord~ce, se~ Or,in.ce ~k No, 38, Page 450.) ~. Trout ~ved ~e adoption of ~e Or~in~ce. The ~tion was seconded by ~. Lisk ~d adopted by ~e fo11~ing vote: A~S~ Messrs. G~I~ H~d, Llsk, Taylor~ ~s, Trout an~ ~yor Webber ................................... 7. ~YS: None .................... 0. STA~ HIG~AYS: The City ~ager s~tte~ a ~itt~ re~rt recom- mending ~at Co~cil e~ress its appreciation, by Resolution, to the Virginia ~par~ent of Highways ~d to Wiley N. Ja~son Comply for th~ t~ely and excell~t work ~rfo~fl in ~e const~ction of ~e Sou~wes~ ~pres~ay {~ute 220} fr~ ~e E~ Argue intersection to Fr~lin Road. Dr. Taylor ~ved ~at Co~cil conc~ in ~e reco~endatlon of city ~ag~ ~d offered ~e roll.lng Resolution: (121156) A P~SOLUTION expressing appreciation to the Virginia Department of Highways and to its contractor, Wiley N. Jackson & Company, for expeditious completion of the first section of the Route 220 Southwest Expressway .... ~For full text of Resolutio~, .see Rosolut~on Book No. 38, Page 451.) Dr. Taylor moved tho adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland~ Hubard, L~sk, Taylor, Thomas, Trout and Mayor WeBber .................................... ?. NAYS: None ..................... 0. CITY MANAGER-CITY F~(PLOYE~S: The City Manager stetted a written report requesting that Council meet with the City Manager in executive session following the October 8, 1973, meeting Of Council to discuss a personnel matter. Mr. Trout moved that Council concur in the request of the City ~nager for the executive session. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ..................................... ?. NAYS = None ...................... 0. ZONING: The City Planning Conm~isslon sul~nitted.a written report in connection with the request of Mr. Leonard F. A~glin that property located at 1306 Patterson Avenue, S. W., described us Lot 2, Block 11, Map of West End & ~iver View, being Official Tax No. 1213406, be rezoned from C-2, General Co~ercial District, to RG-2, General Resident~al Distr~ct, recommending that the req~lest be gra~tedo Mr. Trout moved that Councll hold a public hearing at ?:30 p.m., MOnday, October 29, 1973, on the request for rezon[ng. The motion was seconded by Mr. Thomas and unanimously adopted. STI~EETS AND ALLEYS: The City Planning Com~ssion subm/tted a written rc~ort in connection with the request of Mr. James M. Turner, Jr., Attorney, representing John A. Hall & Company, Incorporated, and Saunders & Johnson, Incorporated, that a certain unopened pOrtU[on of l?th Street, S. W., extunding in a northerly direction fro~ C~hel~ Avenue, S. W., bo vacated, discontinued and closed, reconm~nding that the request be granted. Mr. Lisk moved that Councll hold a public hearing at ?:30 p.m., MOnday, November 26, 1973, on tho request. The motion was seconded by Dr. Taylor and unanimousl¥ adopted. I~EPORT$ OF COMMITTEES: SALE OF PROPERTY-HOUSING-SLUM CLEAPJtNCE: The Real Estate Com~ttee submitted a written report reco~unending that Councll authorize conveyance to the City of ~oanoko Redevelopment and Housing Authority o£ property described as Official Ta~ Nos. 2021614, 2021674 and 2021675, for the credit sum of $10~900.00, in accordance with the Cooperation Agreement between the. · City of Roanoke and the Housing Authority by Ordinance No. 20491, said agreement carrying ~nto effect the Redevelopment Plan for the city designated aa, 'Gainaboro Neighborhood Development Program, Program NO. VAo H~. Thc~as ~ovad that the report of the Real Estate Committee be referred to the City Hanager and the City At.torney for study, report and recommendation by.the next regular meeting of Council on Honday, October 15, 1973. The motion was seconded by ~tr. Lisk and unanimously adopted. TAX~S: Cooncil having referred to the City Taxes Co~uuittee for study, report and reccmnendation a con~unication from ~ro J. H. Johnson, City · reasurer, advising of t~o items of considerable importance to the taxpaying public that requires ~ediate polic~ decision at Council level, viz.: (1) changes in tho procedures for the assessment and collection of personal property taxes and city auto decals; and (2) changes in the procedures for the assessment and collection of city professional and l~erchantse licenses, the committee submitted the following report: 'October 3, 1973 Honorable Mayor and City Councll Roanoke, Virginia Gentle-men: At the direction of the city cooncil, the city Taxes Committee met today to consider two items that the City Treasurer brought before the City Council in his report dated September 27, 1973. The first item.concerned changes in the procedures for payment and collection of personal property taxes a~d city auto~obile decals. The Col~m~ttee referred to another report, prepared by Mr. Johnson dated August 3, 1973~ which gave a more detailed analysis of the changes that he was proposing. The Committee considered each detail of the proposed Changes at emnsiderable l~ngth.- After due consideration, on motion made, seconded and adopted, it was decided that the present method being used is more efficient then the proposal that had been presented. The Committee is of the opinion that the present method is efficient and except in the case of the taxpayer who, through his'own decision, waits until the last m~nute to purchase his decal is availed of t_he Opportunity to effect his transactions without being ~nconvenienced. Any changes proposed to be made in the established procedure would, in the opinion of the majority of the committee, add to the red tape and inefficiency of the procedures. The followlng members voted to continue the present procedures.- M~. Kincanon, Mr. Howard and Mr. Gibson. Mr. Johnson voted to change the procedures. . · The second item in the report referred to the Councll dealt with changes in the procedures for the assessment and collection of city professional and merchants~ licenses. After considerable discussion, the Committee voted unanimous~y to continue the present procedure inasmuch as it is the Committee's opinion that any changes proposed wi1! be of little benefit to the City of Roanoke and little benefit, if any, to the taxpayer Respectfully su~o~uitted, S/ A. N. Gibson S/ J. N. Kincanon S/ J. S. Howard Jr. A. N. Gibson, Chairman J. N. Kincenon Jerome S. Howard, Jr. NOT CONCURR/NG--See Minority Report S/ J. H. Johnson J. H. Johnson# In t~L8 connectionw Hr, J;-H. Johnson submitted the following ~lnority report in co~ectLon vL~ ~e ~ve ~oke~ V~rglnia ' ' Fl~at Of all~ I w~t'to ~a Co.oil for its[ ' res~nse at l~ ~etln~ of ~to~ 1~ 19~1~ to ~ latest r~est oi Septet l~ 19~3.' It has at least provided ~e op~t~lty for a ~orough e~s~e oE ~e rain pro- bl~ ~t c~ce~s me. The ~ declsl~ for Co~c~l n~, of co~se, ~s s~pl~ to acceph ~e ~jority ~e~rt, or ~rk It '~eceived ad flied.' Yet~ as ~ou f~tly do In rec~endations fr~ o~e~ ~ards or c~ttees, you c~ rejec~ or ~e ~jo~ity vie~ ~d ev~ acclp~ ~e ~norlty ~ec~endation-- at least ~ pr~ctple--l[ In yo= ~ud~ent It so merits. ~e first atep, I s~t, should be to define the Issue ~d s~e ~e probl~. S~ly stat~, ~e probl~ SH~ ~ CO~I~ ~ P~ SYS~ OF ~SESSING ~ CO~ING P~ PROPER~ T~S ~ CI~ A~ Well, why not~ ~at is ~ong wl~ ~e preset proce- d~e? ~e ~Jor ~d overriding ob~ection to ~e c~r~t syst~ is ~at it requires ~a-t~a~er to pay his personal p~perty taxes at one t~e ~d ~ereafter at ~o~er t~e pay his city auto license iee. (Note~ ~e issue is not ~e ~sh ~d long lines at on~ dea~line, but t~lng to avoid ~ deadlines l ) I ea~estly s~t ~at ~e p~lic will not accept ~e conclusion of ~e ~iority ~ .... ~at ~e preset me~ is efficient ~d except in ~e case of ~e t~payer who, ~rough his ~ deciston~ waits ~til ~e last ~nute to p~c~se his decal is availe~ of ~e opport~ity to effect his ~sac~ons wl~out being inconv~- In ~ 32 years ~rience in city gove~t few o~er ~x ~tt~s have caused ~re :resen~t or criticism on ~e part of ~.p~lic ~ ~e'pres~t proced~e of hav~g to ~y piec~eal what Is b~stcally a ~x on ~e s~e pm~rty. ~e s~pl~ fact is ~at ~ t~a~ers ~e inconvenienced by having to pay ~eir personal property .t~ at one time, obtain ~eir s~te auto lic~se at ~o~er ~e ~d ~lace, and ~eir decal at still' ~o~er Irrespective of ~e de~ils for ~e ~nt~ is ~ere not s~ syst~ ~at we c~ devise by 'whi~ ~e. ~ayer c~ pay his ~rsonal pro~rty t~ ~d city auto lic~se fee at ~e s~e t~e. ~y should ~e' t~ay~ be oblige~ to ~e t~ pa~ts at dif- fer~t ~te~als of t~e r~uiring ei~er two trips to ~e Court- house or t~ ~il~gs? Is' ~is ~e best o~ gove~ent c~ ~o? ' In order to dr~tize-~e ~t ~uld each of you please go ~ough in ~o~ o~ ~nd ~e de~ile~ requir~ents of the ~ay~ ~der ~e preset' syst~ Step 1. ~e t~ayer receives from ~e Co~ssioner of ~venue a personal pro~rty t~ fo~ on a printed c~J calling for certain ~fo~tion.' For ~e ~st part ~is fo~ calls for ~e list~g ~ td~tifica~on of ~tor vehicles. It is ~ile~ ~ ~e ~ayer in late Dec~er or early J~ua~ ~d ~st Step 2. ~e C~ssioner of ~v~ue ~ assesses the personal pro~rty t~. ~at he finds to be due ~d sends ~e asses~t to ~e ~eas~er. This is fo~arded to ~e Treas~er Step 3. The Treas~er ~ s~ts ~e t~ bill to ~ayer. This t~ ~t be paid by ~y 5. received adopted. Step 4. The taxpaye~ pays the tax and'obtains a receipted Step 5. The taxpayer then su~u~ts his Application for Decal accom~enied by a receipted tax bill. The decal is not even avail- able ttntll after Hay 15. Payment of ~he city auto license tax is due by June 15. Step 6. The taxpayer mails or delivers the application for the decal, the receipted tax bill, and the pennant of the city auto license fee to the C~nmissiener of Revenue who issues thb decal (in one office ~volving one operation) with the check or pa~a~nt being delivered to the Treasurer (another office and another operation). The majority concludes, ~n effect, that it is beyond our capabilities to make this procedure more s~mple. The major thrust of my suggestion--however it might he accu~lished--ls to permit the taxpayer to consolidate the payment of his personal property tax and city auto license fee into one cperation,~not two. He must n~w pay his personal property tax between April i and May 5-- his city auto license fee between May 15 and June 15. If Council is satisfied with this system, then, of course, let it receive and file the majority report. As to the second item with reference to the procedures for the assessment and collection of the city and merchants' license, the majority ef the committee has reversed itself from its recom- mendation of September 10, 1973. The purpose of my recommendation on this issue (which the majority accepted by its report of September 10, 1973) is the improvement of internal ~oney controls. This is a POint that outside auditors would quickly recognize as valid and I hope that Council will ulthnately seek such opinion in the very near future. The fact that I disagree with my C°lleagues, and hence am in the minority, does not defeat the merit of my position. Being a policy decision, this matter should be decided by Councll on the mertis. And if I were an appointed official, rather th~-- e--!~ected, ~ could not even bring this matter to your attention-- lt would have been buried by my "boss." Most sincerely, S/ J. H. Johnson J. H. Johnson" Mr. Trout moved that the majority and the minority reports be end filed. The motion was seconded by Mr. Thomas and unanimously UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLA/MS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SPECIAL pERMITS: Ordinance No. 21144 permitting the construction of certain underground footings for a new building to be erected on the northwest corner of South Jefferson Street and Kirk Avenue, S. W., described as Official Tax No. 1011714 to encroach not,re than 2.5 feet ever the west llne of the public right of way of Jefferson Street and not ~ore than 3.0 feet over the north line of the right of way of Kirk Avenue, S. W., upon certain terms and conditions, having previously bean before Council for its first reading, read and laid over, was again before the body, Mr. Thomas offering th'e followlng for its second reading and final adoption: (%21144) AR ORDINANCE permitting the constr~ction of certain under- ground footings for a new building to be erected on the northwest corner of 193; South defferson Street and Kirk Avenue, S. W., designated as Official Tax No. 1011724, to encroach not more than 2°5 feet over the west line of the -~ublic right of way of Jefferson Street ~nd nob more than 3.0 feet over the north line of the right of way of Kirk Avenue, S, M., upon certain terms and conditions. (For full text o£ Ordinance, see Ordinance Book NO. 38, Page 445.J H~. Thomas moved tho adoption of the Ordinance. The motion .was seconded by Dr. Taylor and adopted by the follOWing vote** . AYES** Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and ~ayor Webber .................... ~ .............. ?. NAYS: None ....... ~ ............. 0. BUDGET-BUSES: ~r. Trout offered the following emergency Ordinance conditionally a~e~ding paragraphs (1) and (lB) of the contract dated August 19El, betwee~ the City of Roanoke a~d Roanoke ~ailway & Electric Company and Safety Motor Transit Corporation, relating to public Bus transportation, so as to provide for payment by the city to Roanoke City Lines, Incorporated, of certain sums, monthly, over a porio~ c~encing October 1, 1973.* (%21157) AN O~DINANCE conditionally amending paragraphs (1) and (lB} of the contract dated August l, 1951, between the City Of Roanoke and Roanoke Railway & Electric Company and Safety ~tor Transit Corporation, relating to public bus transportation, so as to provide for payment by the City of Roanoke to Roanoke City Lines, Incorporated, of certain sums, monthly, over a period con~encing October 1, 1975~ and providing for an emergency. {For full text of Ordinance, see Ord£nance Book No. 38, Page 452.) Mr. Trout moved the adoption o£ the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor Webber ..................................... 6. NAYS: Mr. Lisk ..................1. Mr. Trout then offered the following emergency Ordinance appropriating $42,000.00 to Fees for Professional Md Special Services ender Section 'Transportation,' of the 1973-74 budget, to provide fthnds ~n connection with said monthly payments: (%21158} AN O~DINARCE to amend and reordain Section %96, #Transporta- tlon,' off the 1973-74 Appropriation Ordinance, and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 453.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the foll~wing vote: AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor Webber ................................. 6. NAYS: Mr. IAsk ...............1. 195: MOTIONS AND MISCELLANEOUS BUSINESSI COUNCIl-CITY EMPLOYEES-CITY CLERK-CITY ATTORNEYs Mayor Webber advised that he has called a ~eeting of the corem/tree appointed to study the operations of Council, the City Attorney and the City Clerk with Council acting as a Committee of the ~hole for 4 p.m., Monday, October 8w 1973~ In the Executive Session Conference Room. There being no further bus[ness, Mayor Webber declared the meeting ad]ougned. APPROVED ATTE S T: ~/~ Deputy City Clerk Mayor COUNCIL, SPECIAL HEfTING, Monday, OCtober 8, 1973o The Council of the City of Roanoke met ~ special meeting in the Council Cha~be~ In the Huniclpal Building, Honday~ OCtober 8, 1973, at 7~30 p.m., with Ha~or MOy B. Webber presiding. PRESENT~ Councilmen Robert A. 6arland, Llsk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy Webber .................................. ABSENT~ None .................0. OFFICERS PRESENT: Mr. Byron E. Barter, City Manager; Mr. ~. Ben Jones, Jr., Assista~t City Attorney~ and Mr. A. N. Gibson, City Auditor. INVOCATION~ The meeting was opened with a prayer by Councilman P~bert A. Gerlando REGION;t% JAIL: Mayor Webber advised that the special meeting of Council has been called for the purpose Of holding a publiu hearing to review a report of the City Manager under date of July 23, 1973, with reference to the jail facilities and to review a further report from the City Manager which is to include facts end figures concerning the property adjacent to the courthouse facilities in Downtown Roanoke, the Kimball Urban Renewal property and the Orange Avenue property. In this connection, the City Manager sttbmltted the following report pertainlng to certain facts end figures relatlng to the three sites in question= "OCtober 8, 1973 ~onorable Mayor end City Council Roanoke, Virginia Gentlemun: City Council a% its September 10, 1973, meeting established OCtober 8, 1973, as the date for a public hearing on the proposed new regional correctional facility. The stated purpose of this meeting is to review the report Of the city Manager on this sub- ject as well as to review the facts and figures concerning both the Kimball Urban Renewal area end the former American Bridge property located on Ninth Street, N. E. A copy Of the City ~Lanager's report dated July 23, 1973, is enclosed (attachment No. 1). Each member of City Council has received a copy of a letter dated September tS, 1973, and transmitted to the City Manager by Attorney W. A. Dickinson (attachment NO. 2). This letter reaffirmed the state,ant that Attorney W. P. Hazelgrove made to City Council to the effect that the former American Bridge property (now known as Blue Ridge Steel) is not for sale, the principal reason being that it is now an active business. That same information had been furnished to City Council earlier by the City Manager. Mr. Dtck~nson's letter also declined to grant the City's request for permission to enter that property for the purpose of preparing an appraisal. As a result of that refusal as may be seen from the attached letter from Thon~son Appraisal Co. (attachment NO. 3) no accurate appraisal could be provided for City Council. The figures submitted to City Council with this report are estimated end not accurate appralsal figures. It seems only proper to also point out that an equal amount of resista~ce exists with respect to the proposed downtown site as the 197. Park B~oadoasting Company has expressed s~rong objections with respect to the CltyUa proposal to acquire their parking lot. With respect to the Kimball property~ at the time of this ~lting the Roanoke Redevelol~nent and Housing Agency has not received Its appraisal of the Kimball Urban Renewal property. Should these figures become available prior to this report going to Council or after the report has gone to Council and before the public hearing,-such lnfor~ation wlII be provided to City Council in n separate report. Representatives of the Roanoke Redevelopment and Housing Agency~ quite understandably~ express reticence to release any figures with respect to this property until they have been reviewed and analyzed In detail. ~nere are approximately 60 acres of land available In the linbell Redevelopment area. Of this land approximately 12.35 . acres ue available north of Rutherford Avenue and a second tract contains another 7.34 acres which adjoins this area north of JicDo~ell Avenue. For the purpose of this report an estimated fl~tre of $1.50 per square foot is utilized as thc value of the Kt~nball Urban Renewal property. This figure should be high enough for the purpose of comparisons with other land values in question. There is attached to this report for City Council*s edification a letter from the City of Richmond Sheriff James H. Young (attach- ment No. 4). Wt. Young*e letter appears to differ with a previous letter received by City Council f= that same City. Sheriff ¥otmq feels that the detention and the court facilities should be located in the s~me area and he connnends the General Assembly for its wisdom in creating a cou~t~oom at the Virginia State Penitentiary for a Circuit Court of the city of Richmond. As stated above the City Council has asked that the City Manager provide the facts and figures with which Council can compare these three sites. The figures with respect to land costs ars incomplete and those that are available are somewhat deceiving. Those figures are as follows: Cost Size Cost Per Square Foot Downtown Site $600,000 to $?50,000 ?4,220 square feet $8 to $10 22,500 square feet 0 (City lot) City Owned Blue Ridge Steel Property Estimated $700,000 827,640 square feet $.85 per square foot Kimball Urban Renewal property Estimated $1,306,800 871,200 square feet (20 acres~ $1.50 per square foot estima These figures.do not con. are. While the downtown site proposed for purchase is 1.4 acres at a oost of approximately $600,000 to $750~080, there is also .51 acres already available to the City at no additional cost. The cost of approximately 19 to 20 acres at the other two sites varies from $700,000 to $1,300,000. There is no way to relate these various figures as different concepts of construction have been proposed. The downtown site has been recom- mended because of its convenience to the existing municipal complex and its use is predicated upon building a multi-story combined court and regional correctional facility in one building. Con- venlence, economy and the elimination of the necessity to transport prisoners over a period of years far, far exceeds the immediate savings in land costs by buying the less expensive remotely located property. A remotely located facility would require some expensive duplication of facilities, such as a lookup close to the courts. Another important factor in favor of the use of the downtown site is its present and anticipated use. Should it not be used for the reco=m~ndcd purpose, it is conceivable that this land will retain its low tax use as parkingspace while the developmental use of Kimball Urban Renewal and Blue Ridge Steel Company property could be expected to produce good revenue for the City as well as its owners. ' .98 C~nt]~e~, can only .~te ~a2 he ha. tol~ City ~cll before, ~d~v[d~l~ ~ collectively. S~uld ~t be' ~e decision of ~e Clt~ Co~c~l to build a de~tl~ fau~l~ty~ no ~tter ~ what n~ ~t ~s called, a~ ~y ~e o~ ~ese s~tes~ ~e City a~nis~atl~ w~ll accept ~at dec,sion ~d ~lll pz~eed to e~dite action ~der ~at dec/s/on, ~n closin~ I ~d like 2o zeite=ate one ~ln9 ~at' was s~ted ~ ~e ~uly 2~ 1973~ ~e~=t to C~ty ~c~l, ~e City of ~oke should cont~ue'to pro.se ~ls as a ~e9lonal facility ~d to invite o~ heights to ~oln wl~ us el~er as a pa~ticip~t or as a user of ~e facilities ae~ices. ~ere a~nis~ati~ to tolose utl~tzatl~ of prisoners to utilize ~ls facility will be generated wi~in ~e City of ~oke ~ se~ only l~lcal ~at ~e regional faclllt~ be l~ated as close to the ~oke H~icipal co. lex aa ~ssible. ~spectfully s~tted~ S/ Byron E. ~ron E. H~er City ~ager ' In a discussion of the ~tter, ~. ~ut read ~rtions of a re~rt from ~e U. S. B~eau of Prisons ~der the heading of '~cations' which rec~ends ~at Institutions of this nature should be place~ as close to centers of p~lic i~terest as possible. Judge E~est W. Ballou ap~ared before Co.oil ~d advised that he is in agre~t wi~ ~e r~rks ~de by ~e City ~ager ~at ~e City o~ ~oke ~uld be In co~ouse of ~e City of Ro~oke since Ro~oke will have prisoners to be acc~dated~ ~at he does not ~ why tw~ty acres of land would be needed for a jail since its occup~ts will not be kept on a long te~ basis, ~at if Cocci1 is talking ~out a correctional facility it is talking ~ut a local penit~a~ ~d he does not ~l~ ~e City of Ro~oke w~ts to ~dertake ~at t~e of res~nsibility not S~e~ing for ~e local city , ~d ~at it ~oes not se~ to be desirable to cons~ct ~e jail on ~e Or.ge Argue site. Judge T~ St~kton Fox appeared before Co~cil ~d advised that ~e Ro~oke City Jail has be~ inad~ate for a great ~y years, ~at s~e~ing must be done ~ut it v~ soon ~d ~at ~a final decision as to ~e location ~d t~e of facility to be cons~cted rests wi~ City Co~cil. Judge Beverly T. Fitzpatrick appeared befor~ Co~cil ~d advised ~at he ~uld like to see a regional jall ~d a regional co~ouse, ~at as far as he is conceded ~e site does not ~ke ~y difference, h~ever, if ~oke decides to ~ke ~e go-it-alone,approach, ~e s~e building or adjacent to~e co.ts. ~. H. David H~per, Su~rint~d~t~ Police Depar~nt, appeared before Cocci1 ~d advised ~at location Co~cil chooses, h~evar, it would be desir~le to have ~e ~ail near I! its base of op~ration and the courthouse, that manpover and the cost of transportatlon~ould be less to the City of Roanoke if the Jail Is located adjacent to the Police Department or so~here near its base of operation. Rt. William Re Battler President of the Roanoke Valley Chamber of C~ce, appeared before the body and urged that Council not abandon the regional plant advising that there is no Justification for t~o lalle in the Roanoke Valley, that the participation by the City of Roanoke In a regional facility will be a large step toward creating harmony with the other governing bodies, that P~anoke is on the verge of developing into a very exciting place and that there is nothing in a downtown jall that will enhance this type of development. Hr. Thomas pointed out that no matter what site is chosen, Council intends to offer regional participation to the other governing bodies. Mr. William R. Hill, Executive Vice President of Downtown Roanoke, Incorporated, appeared before Council and read a prepared statement advising that the Board Of Directors of Downtown Roanoke, Incorporated, has a large volume of information on the regional corrections faclllty and jail and courthouse locations, that it is their conclusion that the City Hanager~s proposal for a unified, fully integrated jail-courts-police headquarters facility immedlately adjacent a~d to the west of the for~er Reid and Ckltshall buildlng is the n~st logical propasal and that Downtown Roanoke has difficulty in seeing the need for a twenty acre site. Hr. R. Franklin Hough, Member of the State Board of Welfare and Institutions, appeared before Council and advised that this area has the opportunit of becoming a showcase for community based operations, that there are very little rehabilitation efforts being ~aade at this t~me, that it does not make sense to h~m that we continue to think that we can treat prisoners as we have in the past and expect the~ to come out of an institution as anything but hardened people, painting out that for the last fifty years the state legislature has done a~most nothing, that the Roanoke Valley can be the guiding light on a statewide basis for corrections, a~d that it is time we begin to think in terms of what we can do to rehabilitate people rather than punish them. Hr. W. G. Sewell, Jr., representing the Division of Justice and Crime Prevention, appeared before Councll and spoke in connection with funding and advised that the Division is interested in funding any facility that has a co~enu~ity based progra~nd that they have no desire to indicate where such a facility should be located. Dr. John J. Jofko, Medical Examiner, ap~eared before Council and again expressed the opinion that the jail, courthouse, forensics laboratory and other related activities should be kept together and placed in the downto~r~ Roanoke location. 199 [ Hr, Wo A. Dlckins~n~ Attorney~ representing Blue Ridge SteeL, appeared before Council and advised that the Orange Avenue 8ire is not for sale, pointing out t~at Blue Ridge Steel has a payroll of approximately seventy people and has put more than $400~000°00 ~nto the facility in the five years it has been at that location. Hr. Jack B. Coulter, Attorney, representing W. S. L. S. - ~V~ appeared before Council and urged that the parking lot o~ned by WSLS not be taken If Council decides to build the Jail in the do~nt~en Roanoke location and pleaded that in its consideration of one public need that Council not cripple a~other by taking its parking lot° Hr. Leonard ptck~ representing Offender Aid and'Restoration of the Roanoke Valley, appeared before Council and advised that his organization takes no position as to where the jail facility should be located but requested only that a facility fat for human habitation be erected. After approximately two hours of discussion on the matter, Mr. Trout Im3ved that the report of the City Manager be placed on the regular agenda of Council for Monday, October 15, 1973, for the purpose of taking the necessary action. The motion was seconded by Hr. Thomas and unanimously adopted. There being no further business, Mayor Webber declared the meeting adiourned. APPROVED ATTEST; Deputy City Clerk Mayor 2Ol COUNCZ*r., REGULAR NEETING, Monday~ 0~tober 15~ 19'/3. The Council of the City of l~oanoke met in regular meeting in the Council Chamber in the Municipal Bullding~ Monday~ October 15, 1973, at 2 p.m., the regular meeting hour, with Hayor Roy ~,. Webber presiding. PRESENT: Councilmen Robert A. Garland, William S. Hubard~ David K. ~.lsk~ Noel C. Taylor~ ~mptun W. Tho~as~ da~es O. Trout and Mayor Roy r.. Webber ...................................... /tBSENT: None ..................... 0. OFFICERS PRESENT: Hr. Byron E. Haner, City Manager; Hr. Sam H. McGhee, III~ Assistant City Hanager~ Hr. James N. Kincanon, City Attorney~ Hr. H. Ban Jones, Jr., Assistant City Attorney; and Hr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend George V. Puster, Pastor, Pleasant United Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 8, 1973, having bean furnished each member of Council, on motion of Hr. Trout, seconded by Dr. Taylor and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEAI~TNG OF CITIZENS UPON PUBLIC ]t~TTERS: NATER DEPARTMENT: Pursuant to notice of advertisement for bids on Contract 'P' - Chlorination Facilities at the Carvings Cove Water Treatment Pla~t, said propasals to be received by the City Clerk ulltil 2 p.m., Monday, October 15, 1973, and to be opened at that hour before Cottneil, Mayor Webber asked if anyone had any questions about the advertisement for bids and no represantative presant raising any question, the Mayor instructed the City Clerk proceed with the opuning of the bids; whereupon~ the City Clerk opened and read the one bad received from Progressive Products Corporation, in the amount of $143,100.00. Hr. Thcanas moved that the bids be referred to a committee to be appointed by the Mayor for study, report and recongnendation to Council. The motion was seconded by Hr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Sam H. McGhee, Kiser, Charles L. Gutsha11 and a representative of Alvord, Burdlck and Howson, Consulting Engineers, as members of the comm/tten. LIBRARIES: Hrs. Elisabeth H. Drewry, President of the Roanoke Public Library Board, appeared before Council and presented a connuunication on behalf of the Roanoke Public Library Board reconnnending that library service be presanted to the residents of Craig Cotu~ty thereby for~ing a reglonal .20'2: library syste~, advising ~hat the legal re~mlre~ents for es~llshlng such a syst~ are (1) approval of a con~act be~een ~e gove~lng ~es~ (2) approp- riation of at least sixty c~ ~r cap~ta by Craig ~ty fo~ l~bra~ p~ses~ ~d, (3) represen~tion of on~ ~ar fr~ Craig ~ty to ~e Libra~ ~ard, ~ln~g out ~at ~e ~oke City Llbra~ will ~ res~nsible for providing ~b~le se~ice on a weakly schedule to Craig Cg~ty~ ~at f~ds f~ ~a es~lis~t p~chase of a ~k v~ or s~lar v~cle su~t~e for use ~n ~e c~ty syst~ to visit n~sin9 h~es, hospitals sbte grats will increase according to the c~ined local appropriations, ~pulation ~d area, ~at ~e Virginia State Libra~ ~ard strongly sup~rts ~e regional concept of libra~ semite ~d ~at ~e ~oke public Libra~ ~ard sincerely feels ~at ~e city syst~ will benefit as well as Craig Co~ty. ~. ~a Bro~, P~lic Libra~ Consulter fr~ ~ea ~e, Virginia State Libra~, appeared before Co~cil ~laine~ In ~re de~il certain aspects of ~e matter. After a discussion of ~e matter Dr. Taylor ~ve~ ~at co.cji concur in ~,i pro~sal of ~e conc~rence by ~e City ~ager, ~d ~at ~e City Atto~ey be inst~cted to prepare ~e necessa~ legal doc~ents accordingly. ~e ~tion was seconded by ~. Lisk ~ ~usly adopted. PETITIONS ~ C~I~T~ONS= B~ET-S~: A co=~ication from ~e ~oke City School ~d re~es~ng ~at $44,900.00 be appropriated to 'Special C~peratlve Progr~ for Four Drop-~ts ~d Potential Drop-~ts,' ~der Section %24000 of ~e 19~3-74 budget of ~e ~oke City School ~ard, a~vlsing that ~is special p~gr~ has be~ approved as a ~del p~ject by ~e State ~par~e~t of Educa- tion, ~at ~e overall p~se o~ ~e project is to d~nstrate ~at ~e har~ to reach ~d hard to teach student c~ be prepared to enter the world of ~rk wi~ at least ~ level skills ~ugh a p~lic .education progr~, ~ ~at one h~ per c~t of actual e~dit~es will be re~ursed by ~e State Depart- m~t of ~catlon~ was before Cocci1. ~. ~sk ~ved ~at Co~cil conc~ in ~e re.est of ~e ~oke City Sch~l Board ~d offered (%21159) ~ O~IN~ to ~en~ ~d r~o~ Set.on %24000, 'Sch~ls - S~ecial Cooperative P~gr~ for Four D~p-~ ~ Pot~tlal Drop-~ts,' Of ~e 1973-74 App~pria~on Ordih~ce, ~a'p~viding for ~ ~ergen~. (For f~l t~t of Or,in.ce, see ~ln~ce Bock NO. 38, Page 454.) ~. ~sk ~ved ~e adoption of ~e Or~ce. ~e motion was seconded by ~. ~out ~d a~opted by ~e roll.lng vote: A~= Messrs. Garl~d ~ ~yor W~ber ................................. 7 ~YS PARKS AND PLAYGHOUNDSz A c~-mnlcation from Hr. H. L. lnman, Co,Sander, Roanoke Post No. 3, The American Legion~ expressing the appreciation of the Board of Directors of American Legion Post No. 3 to the members of Council for their cooperation In the Legion Baseball Program this past season~ was before the body. Hr. Link moved that: the colm~unication be received and filed. The motion was seconded by Dr. Taylor and unani~ously adopted. SA~E OF PROPERTY-TRAFFICI A com~unication from the Hill Street Baptist Church requesting that they be allowed to use two lots which have been purchased by the City of Roanoke for parking purposes until the city finds use for said lots, advising that the two lots in question are Lot No. 25 and Lot NO. 33 located on Chestnut Avenue, N. W., was before Council. Hr. Trout moved that the conm~lnication be referred to the Real Estate Comm/ttee for studyw report and rec~ndation to Council. The motion was seconded by Hr. Thomas and unanimously adopted. REPORTS OF OFFICERS= BUDGET-FLOODS-HURRiCANES: The City Ha~ager submitted a written report recolmaending that $4,115.70 be reapproprlated to the Ploo~ Damage accottnt in the 1973-74 budget, to provide funds to cover three purchase orders that were Issued during fiscal year 1972-73 which were chargeable to monies then appropriated in the Flood Damage Account, advising that the billings on these purchase orders were not received until this fiscal year, therefore, it is necessary that sufficient funds be reapprop.rlated in order to cover this work. Mr. Trout moved that Council concur in the reco~vnendatlon of the City Manager and offered the following ~ergency Ordinance appropriating $4,115.70 to Flood Damage under Section %70, 'Flood Damage,' of the 1973-74 budget: (%21160) AN ORDINANCE to a~end a~d reordain Section %70, 'Flood Damage,' of the 1973-74 Appropriation Ordinance, and providing for an e~ergency. {For full text Of Ordin~ce, see Ordinance Book No. 38, Page 455.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ........ .- .................... 7. NAYS: None ....................0. BUDGET-MUNICIPAL BUILDING= The City Manager submitted the following report recom~unding that Change Order No. 2 and Change Order No. 3 be authorized to the contract wlth Martin Brothers Contractors, Incorporated, in conllection with re-modeling of the Third Street Building /~lnex for use by the Juvenile and' Domestic Relations District Court and the Police D~partment and 2O3 ~20'4 further recomaending that $6,842.89 be appropriated for this additional "October 15, 1973 Honorable Hayer and City Counul! l~oanoke, Virginia Gentlemen ~ Mart~n Brothers Contractors, who are engaged In the remodel~g of the City's Third Street Building Annex for use by the Juvenile and Damestio Relations Court and the Police Department, have encountered eleven conditions that require a change in design. These changes are= Three additional fire dampers and an increased flre rating for a shaft enclosing ducts need to be provided tom eat fire code requirements. This change requires an additional expenditure Of $1,892.00. A~ air duct to provide fresh air to the cooling sys- tem has been deemed unnecessary and will be deleted from the contract with a deduction of $327.00 from the contract price. The footing for the south wall of the existing build- lng is wider than anticipated and as a result a thicker wall must be provided for the exterior stairway. The width of this footer could not be determined until excavation had been con~leted. This change will cost $1,514.00. A~ exist~g ch/~uley flue has been found defective and must be repaired at a cost of $508.30. The flue construc- tion in the original building was defective. It ls unnecessary to install a drywall ceiling in one of the mechanical equipme~t roo~ and by eli~/nating this ceillng we can deduct $257.40. Soundproofing insulatlon was not provided for two toilet areas and this soundproofing of these toilets will cost $281.75. A review of the'constr~ct~on ~dicates that security for the Detect~ve Division records was inadequate after 5 p.m. The Poli~e Department has determined that one open counter should be equipped with an enclosure for security reasons. ~hie enclosure will cost $1,135.28. For security reasons, the Police Department has requested that access to the roof of the buildlng should not be avail- able in public space. There is a ladder in the waiting roo~a of the Juvenile Courts' area which would provide this access. There is a need to enclose the ladder leading to the roof at a cost of $1,009.90. The foot~g on the front of the buildlng is wider than the original plans show and in order to construct the new front on the buildlng, the existing footer must be changed at a cost of $982.56. The outside oolum~ on the front of the build/ng, adjacent to the Social Security Office, has been damaged and needs to be repaired at a cost of $103.50. The above items are set forth in Cha~ge Order Nos. 2 and'3. The cost of this project to date is= Original Contract $790,800.00 Add Change Order NO. 1 3,203.05 Total $794,003.05 Proposed Change Order Nos. 2 and 3 6,842.89 Proposed New Contract Amount $800,845.94 C~ntlemen of Council. this total of $10.045.94 in change Orders for modification to this old structure is extremely 1o~ as 12 is only 1.25 percent of the total cost. It is reco~nded that Change Order Nos. 2 and 3 to the contract with Hartln Brothers be authorized and that $6.842.89 he appropriated for the additional work. Respectfully eubmitted~ $/ Byron E. Haner Byron E. Haner City Manager' Hr. Trout moved that Council concur in the recc~mnendation of the City Manager and offered the following emergency Ordinance authorizing the Issuance of the change orders= (~21161) AN ORDINANCE authorizing the issuance of Change Order Nos. 2 ~-~d 3 to the c~ty~s contract dated January 3t 1973, with Hartin Brothers Contractorst Incorporated~ for certain alterations to the city's 3rd Street~ S. W., bulldlng~ by providing for certain changes in such work for an aggregate additional cost of $6,842.89~ and providing for an e~ergency. (For full text of Ordinance, see Ordinance ~ook No. 38, Page Hr. Trout moved the adoption of the Ordinance. The motion was seconded hy Mr. Garland and adopted by the following vote: AYES= Messrs. Garland, Hubard~ Llsk, Taylor, Thomas, Trout and Webber .................................. ?. NAYS= None ...................0. Hr. Lisk then offered the following emergency Ordinance appropriating $6,842.89 to Third Street Building under Section %89, 'Transfers to Capltal Improv~e~lts Ft~ld,' of the 1973-74 Appropriation Ordinance: (%21162) AN ORDINANCE to amend and reordain Section $89, =Transfers to Capltal Improvements Fund,= of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 38, Page 456.) }ir. L~sk moved the adoption of the Ordina/lce. The motion was seconded by Mr. Garland and adopted by the following vote~ AYES= Messrs. Garland, Hubard~ Lisk, Taylor~ Thomas, Trout a~d Mayor Webber ............................... ?. NAYS= None ................ BUDGET-SEWErS AND STORHDRAINS= The City Hanager s~bm~tted a written report recon=nendlng that $5t000.00 be appropriated to provide sufficent funds for relocation assistance payments'to P~bert E. and Betty J. Handy, in the total amount of $3,380.00, and to provide relocation assistance pa~ents to Lillian G. Eakin, /n the total amount Of $2,500.00, eaid lands being needed for the Sewage Treatment Plant Expansion. 2O5 206 Itt. Thomas moved that Council concu~ in the recn~eaendatlon of the City Manager and offered the following emergency Ordinance with reference to the relocation assistance payments to the'ahovena~ed individuals= ([21163} AN O~DIHANCB provid~ng for relocation assistance payments to certain o~nere and/or tenants displaced by reason of the acquisition property for expansion of the City's Sewage Treatment Plant upon certain terms and conditions~ and providing for an e~ergency. (For full text of Ordinancet see Ordinance Book No. 38t Page 457.) Hr. Thomas moved ~he adoption of ~he Ordinance. The motion was seconded by ~ro L~sk and adopted by the following vote~ AYES= Hessrs. Garlandw Hubard~ Lisk, Taylor~ Thomasw Trout and Mayor Webber ................................... NAYS= None ....................0. Dr. Taylor then offered the following emergency Ordinance appropriating $5,000.00 to Sewage Treatment Plant Expansion under Section [550, 'Sewage Treat,s/it Capital Improvements Fund~w of the 1973-74 budget to provide sufficient funds in connection with said relocation assistance payments= (t21164) AN ORDINA~C~ to amend and reordain Section 1550t 'Sewage Treatment Capltal Improvements Fund,= Of the 1973-74 Sewage Treatment F~nd Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 38, Page 458.) Dr. Taylor moved the adoption Of the Ordinance. The motion was seconded by Mr. Lisk end adopted by the following vote: AYES= Messrs. Garland~ Hubard, L~sk~ Taylor, Thomas, Trout and Mayor Webber .................................. ?. NAYS: None ...................0. AIRPORT= The City Manager submitted the following re~ort in con~ection with the request of Piedmont Airlines to expend the existing airfre~ght or cargo warehouse faeillty at Roanoke Municipal (Woodru~) Airport by some 2,000 square feet of £1oor space= mOctoher 15, 1973 Honorable Mayor and City Council Roanoke, Virginla Gentlemen= The City of Roanoke has received a request from Pied- ~ont Airlines to expand the existing airfreight or cargo warehouse facility at RoanokeMunicipal Airport by adding some 2~000 square feet of flocr space. That organization is desirous, of expanding the' facility at the earliest prac- flea1 date as chenges ~n federa~ reg~lations with respect to the handling of mail necessitates an immediate transfer Of that activity to the cargo warehouse. Piedmont A/rl~nes has indicated a willingness to either finance the constr~ction with their o~rn funds or to have the City provide the expansion with reimbursement to the City through its rental rates. Piedmont A~rl~nes has gene so far as to have a local firmprovide an estimate for the cost of this construction and this estimate vas $31~500. ~tr. ~arehall ~arris, Airport Manager, has lndi- cat~ ~t additl~al v~ehouse space Is needed ~ provide ~t t~e of facility for o~er users at ~e ~t. AS ~ e~le, ~v~ ~sfer ~d Storage ~s ~ ~late need for c~go s~rage s~ce. It Is ~e a~ls~ration~s vieW,n2 ~2 as ~e exis2- ' ~q ~ar~ouse facllit~ ~s ~e~ by ~e Cit~ ~ ~s leased to Plan2 ~rl~nes for ca~qo p~ses, ~e City should con- ~e facility should ~ leased to Pliant or o~er users so ~at ~e City ~qht ~ecoup its f~ds ove~ a ~i~ of not to It ~uld ~ ~ec~ded ~at City ~cil au~orize City to prepare plus ~d s~ciilcations for const~ucting needed ~la~g~nt to ~ls facility. ~e size of ~is enlarge- m~2 to be dete~ned by ~e 2~000 s~are feet additiou Pie~nt Aviation has r~ested plus additional i~qe should it be asce~ined ~at ~ere are ~ediate users for ~e addi- tional s~ce. U~n raking ~is detemination ~e desi~ vould be predi- cated u~n ~e ~ediate needs a~ at such t~e as bids are r~ce~ved for ~e cons~uct~on of ~s fac~lity, ~e C~ty ~nager ~u~ ret~ ~ C~ty Co~c~ for ~a necessa~ f~ds ~d a re~rt on h~ re~urs~ent ~y be receive~ by ~e C~ty for ~s const~ction. ~is pro, sa1 has rece~ve~ ~e approval ~e ~rt ~v~so~ C~ss~on prior to ~ts ~ing referred to C~ty Co~c~l. Respect fully s~tted~ S/ Byron E. Haner Byron E. H~er City ~ager~ ~. Trout move~ ~at Co~c~l concur ~n ~e re~endat~on City ~ager. The ~t~on was seconded by ~. L~sk ~ ~usly adopted. S~-POLI~ DEP~= The City ~ager s~tte~ a written report recording ~at Co~cil authorize ~e ~lo~ent of a sch~l crossing guar~ for ~e ~fngs~de EI~ echo1, a~vis~ng ~at no f~ds are being r~est~ since ade~ate f~s exist ~n ~e Police Depar~ent accost. ~. Trout ~ve~ ~at Cocci1 con~r ~n ~e reco~endatlon of the C~ty ~ager ~ ~at ~e matter be referred to ~e City Atto~ey for ~repara- t~on of ~e necessa~ ~en~nt ~o ~e ~973-74 budget. The motion was secon~e~ by ~. Lisk ~ ~usly adopte~. S~ ~D S~ D~INS= ~e City ~ager s~tte~ a ~tten re~rt ~ co~ct~on w~ ~e open~g o~ b~ds for ~e Sewage Trea~ent Plant cons~ot~on, advising ~at ~t wou~d be to ~e benefit of not only ~ C~ty of ~oke but to ~e state ~ federal gove~ts as well if Co~c~l woul~ agree to est~l~sh We~es~ay, Nov~er 7, 1973, at 2 p.m., as ~e t~me for a s~c~al meeting of Co~c~l for ~e p~se of o~ing b~ds for ~e large a~dit~on to City o~ ~oke Sewage Trea~nt Plant. ~. ~s moved ~at Co~c~l conc~ ~n ~e re~t of ~e C~ty ~nager ~at Co~c~l hold a special meeting on We~es~ay, Nov~er 7, 1973, at 2 p.m., for ~e p~se o~ o~ning bids for ~e large ad~t~on to C~ty of ~anoke Sewage Trea~nt Pl~t. ~e ~tlon was seconded by ~. Trout ~ ~an~usly adopte~. ~07 CII~Z F~PLOYEES: The City Nanagar submitted a written report requesting that Council confirm the appointment of N~. ~l~i~.-Fea~n as Director of Technical ann ~bnlnistrative Planning, effective no later than Janua~ l, 1974. H~. Rout moved that council concu~ in the appointment as requested by the City Hanager. The motion was seconded by H~. Llsk and unanimously adopted. CITY EHPLOYEES-CITY ENGIKEER: The City Hanager submitted a written re~ort recommending that Council confirm the appointment of Mr. Malcome Glenn Gregory as Hanager of Motorized vehicle Maintenence effective immediately. Mr. Trout moved that Council concur in the reco~nendation of the City Manager. The motion was seconded by Mr. Garland and unan/mouely adopted. HO~SING-SLUM CLtL~RANCE: The City Manager submitted a written report in connection with a reca~andation from the Real Estate Co~nittee that Council authorize conveyance to the City of Roanoke Redevelopment and Housing Authority of certain property described as Official Tax Nos. 2021614, 20216?4 and 2021675 for the credit sum of $10,900.00, in accordance with the Cooperati~u Agreement betwee_~ the City of Roanoke and the Housing Authority by Ordinallce NO. 20491, said agreement carrying into effect the Redevelopment Plan for the city designated as, 'Gainsboro Neighborhood Development Program, Program 17o. VA. A-6,= the City Hanager reco~nending that Council authorize the conveyance of the above- described property to the Rousing Auth~rlty.- Hr. Hubard moved that Council concur in the reconunendatlon of the City Hanager and that the followlng Ordinance be placed upon its first reading: (%21165) AN ORDINANCE authorizing and providing for the sale and conveyance Of three parcels of land to City of Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. h~REAS, the City Of Roanoke Redevelo~r~ent and Housing Autho- rity has heretofore requested that the City sell and convey to said Authority the property hereinafter mentioned, needed by said Authority in'assembling the necessary land for /ts Gainsboro Neighborhood Redevel- o~ent Program1 (Program NO. Va. A-6}, said Authority advising the City that recent appraisals made o[ the value Of the lands hereinafter desrlbed indicate ~eir aggregate value to be $10,900.00, which lmount would be credited to the City as a part Of its obligation toward said project; and WHEREAS, the Cou~cil~s Real Estate c°m~ittee has, by letter dated October 8, 1973, recommended that the hereinafter described lands be con- veyed to said Authority, they not'being held by the City for any of 'its public purposes, for the nominal consideration of one dollar cash plus credit to the City of' the sum of $10,900.00, toward its obligatlon for said Gaineboro Neighborhood Redevelopment Program, upon the terms and conditions herein provided; in all of which this Council concurs. ~fl~-~OP~, BE IT ORDAiNED by the Cotmcil of ~he City o~ ~oke ~a~ said Cl~y does he~eb~ offe~ ~o sell ~d convey ~o Cl~y of ~oke ~develo~ent ~d Housing Authority ~e roll.in9 descrlb~ three ~rcels of l~ds Oainsboro Neighborhood official Purchase Parcel No. Tax No. Price 12-25 2021614 $ 400.00 12-70 2021674 $ 650.00 12-72 2021675 $ 9,850.00 $10,900.00 wi~h special warranty of title for the nominal consideration of ONE DOLLA~ ($1.00), cash, payable to the City upon delivery of its deed of conveyance thereto, and for the additional consideration that the City be credited in the sum of $10,900.00 toward its obligation for the cost of the Gainsboro Neighborhood Redevelopment Program, such conveyance to be made subject to any and ali easements, conditions and restrictions Of record affecting the title to said parcels Of land. BE IT FURHTER ORDAXNED that, the proper City officials be, and they are hereby authorized and directed to execute such deed on be- half of the City as is necessary to transfer and convey to said Authority the title to the aforesaid properties, such deed to be made upon such form as is approved by the City Attorney and, upon its execution and acknowledg- ment the City Attorney shall be and is hereby authorized to deliver said deed toCity of Roanoke Redevelopment and Housing Authority or its autho- rized attorney or representative. BE IT FURTHER ORDAINED that the City Clerk do forthwith trans- mit to City of Roanoke Redevelopment and Housing Authority a~ attested copy of 'this ordinance as evidence of the offer herein ~ontained. The ~otlon was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. ?. NAYS: None ...................0. P~EPORTS OF COMt&ITTEES: CITIZENS' ADVISORY CO~tMITTEE': The Citizens' Advisory Co~mlttee submitted a writtan report requesting definite directions from Council as to its responsibilities or requesting that the committee be dissolved with the understanding that the members Will always stand ready to serve City Council. Hr. Thomas ~oved that the rel~t be referred to the CLty Nanager ~ ascer~n ~e duties o~ ~e CltLz~s' ~vlso~ ~ttee; to dete~ne ~he~er or no~ i~ is ~n ~e prer~at~ve o~ ~ttee ~d ~ asce~ ~e effect ~ f~eral f~ds l~ ~e Citizens~ ~viso~ ~ttee 18 dissolved ~d re~t to Co~cil acco~dingly. The ~tion vas seconded by ~. ~sk ~d ~usly adopted. ~INIS~ BUSIES x ~GIO~ ~L~ Co~ctl at its special ~eektn~ 1973, ~vtng deferred action on a re~k o~ ~e City ~a~er ~ ~efe~ence continue to pro. se ~$s as a regional facll~t~ and Invite our heights to join wi~ us eider as a participant or as a user of ~e se~ces'o~ ~e fac~- lit~es, ~lnting out ~t ~ere ~s no desire on ~e part' o[ the a~[n[s~at~on to 'close out' o~er gover~ental ~tit~es fr~ ~e~ut~lization of ~s facility, h~ever, as e~ghty to e~ghty-five perc~t facility w~11 ~ g~erated w~in ~e C~ty o[ ~oke-~d for reasons-contained In h~s July 23, 1~3, re~rt to Co~cil it se~ only l~ical ~at the regional facility should be located as close to ~e ~oke M~ic[pal complex as ~ssible, ~e ~tter was again before ~e ~dy. ~. ~out ~ved ~at Cocci1 conc~ In C~ty ~ager. The ~tion was seconded By ~. Garl~d. ~. H~ard presented ~e following prepared stat~ent advising ~at if ~e C~ty of Ro~oke [nt~ds to-honor ~e Ro~oke Valley Corrections Facility Agre~t, it should agree to buila ~e corrections fac~ltties on ~e clear area of ~e Blue ~dg~ Steel C~property ~d offer it to ~e Ro~ok~ Valley Cor- rections ~ard, ~d ~e gove~ents w~ repres~tat[on ~ereon, as a site for a regional corrections facility= '~to~r 15, 1973 ~= ~yor Roy L. W~ber ~d M~ers' of Ro~oke City RO~O~'S ~ CO~IONS FACILITI~ ~tl~en~ pe~t me to give a brief review of where we presently stud on ~is ~tter. 1. ~ ~cil foully endorsed ~e Regional Corrections Progr~ for ~oke Valley, V~rg~nia, on J~ 29, 19~3. 2. We jo~ed w~ ~e o~er Valley gove~ts ~ ~e ~oke Valley Corrections C~ter Agre~ent on F~a~ 12~ 1973, wherry we agreed to cons~ct ~d operate a regional ~ec~ons facility. 3. We agreed on April 16, 1973, ~at K~all is accep~le site for su~ a facilAty. However, ~[nce ~en a n~r of o~ Co~ctl m~ers have e~ressed ~erious rese~ations' ~out o~ cholce of ~e K~all site. 4. ~ere appar~tly is no dispu~ as to o~ present ja~l facilities being ~safe ~d ~us, ~e need for new corrections facilities for our city are clear ~d present. We have two sites suggested for ou~ ne~ corrections &0 Dovn~ml (west of Hunlclpal Building) ~v~tage8 ~ (1) Prox~t~ to combs, as a cosk ~d B. H~ S~ee2 N. E. ~v~ges z (2) Site p~ovides ~sion (3) Is ~re'likely to be acceptable by other Vallel ~ovemnts. (41 Therefore, Is ~re likeli to receive a ~ has be~' said au~ ~e-hlgh'~sts-~d risks ~s~tin9 p~isone~. Ho~y "but- no~y -- has- qiven ~y da~ to indicate-~at- it' ~uld-~st-us as'~ch as · $10~000 per iear"to-~s~t city prisoners-to o~ co.ts f~m site-B; Mso-no-one-has'cited~a'case'oi:a p~isoner h Virginia havln~ escaped ~ile:bein9 so ~ansferred - In ~ht o[ fact, ~e~ve lost p~lsoners here ~ ~anoke going f~ o~ lail- to a d~stai~s-co~tr~. A s~a~ used'as an objectim ~ o~ joinin o~er Valley 9ove~ts ~ a cor~ections proqr~ viii be ass~9 a s~te obliqaticn, t casual ~eadin9 oi ~e lesolu~ion adopt~ by ~e 5tare Board of ~elfare ad Institutions on ~tober 1, 1973, viii sh~ ~at that Board lnt~ds to provide ~e, not less, aid to l~alities vhich foll~ ~e ~egional~zoach to co~eciions. In ~e [ina1 aalysis, h~ever, ~e issue resolves its~l[ to one question: ~ ye v~t to honor the contract ~hich ye have ~i~ed ~ full ~o~ledge o[ vhat me~t~ I ass~e ~at ye do place s~ value on o~ sol~ obligations. Ii ~e don~t, ~en let's do least dtshonor~le act ~d ~evoke ~e regional contract, ~d ~en proceed to buil~ o~ o~ corrections facilities. Ii ~t intad to honor ~at contract, ~ let~ agree to il) build o~ cor~ec~ons facillttes on ~e clear erea ~e Blue ~dge Steel C~y property ~d (2) offer it to ~e ~oke Valley Corrections Board~ ~ ~e gove~ents wi~ repres~tives thereon, as a site for a regional corrections facillty. Co~ci~ P.s. ~ pres~ ~at it has bec~ frrelev~t ~at our city wfll save over ~1,000,000 in capful costs to go ~e regional route.' ~. ~ard offere~ a s~stftute ~tfon ~at Co~cil accept ~e re~rt of ~e Cft~ ~ager fnsofar as is relev~t except ~t ~e pro~sed site for ~e jarl f~cflftfes be on ~e clear area of ~e Blue ~dge Steel C~p~y property ~d ~at safd site ~ offered to ~e Ro~oke Valley Corrections Board, ~ove~ts wf~ repras~tatfon ~ereon,' as a sfte for a regional corrections f~cilfty. ~e ~tfon was seconded by D~. Taylor. Dr. TaYlor e~ressed ~e opfnf~' ~at ff we are to have a re~fonal co~rectfons facility, o~ ch~ces are ~ch 9rearer fn getting ft est~lished at ~e 9~ S~eet sfte. Hr. Ll~k spoke. In favor of the main notion offered by Hr. Trout:, advising that If the facility Ks constructed at the downtown ~anoke site, the other valley governing bodies will have the opportunity 'of Joining with the City of P~a~oke on a regional basis and that all the valley governments can save money If they desire to participate. Mayor Webber then req~lested that the City Clerk call the roll on the e~bstltute notion offered by Hr. Hubard, seconded by Dr. Taylor~ whereupon~ the s~bstitute motion was lost by the following vote= AYES: Messrs. Hubard and Taylor .....= ......... J .................. 2. NAYS: Messrs. Garland, Lisk, Tho~as~ Trout and Meyer Webber ......5. Mayor Webber then requested that' the City Clerk call the roll on the main motion offered by Hr. Trout, seconded by Mr. Garland that Council concur in and accept the report of the City Ma~ager~ whereupon, the main motion was adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylorw Thomas, Trout and Mayor Webber ...................................................................... 6. NAYS= Mr. Hubard ................................................. Mr. Thomas then offered a proposed Ordinance authorizing and directing the city's acquisition of certaio lands wanted and needed by the city for the constructiou of new court and jail facilities for use by the City of Roanoke and by other goverrunental subdivisions desiring and arranging for joint-use with the city, upon certain terms and conditions. In a discussion of the Ordinance, Mr. Hubard moved that the proposed Ordinance be amended'by deleting the words 'court' and' on the first page of said Ordinance-so as ~o provide for the construction of new jail facilities for use by the City of Roanoke and by other governmental subdivisions desiring and arranging for joint-use with the city, upon certain terms and conditions. The motion was seconded by Mr. Garland. Mr. L~sk advised that he is not in agreement with the ~otion that the words 'court and' be deleted from the proposed Ordinance, that the whole thing is the concept of what' could go on th~ site but nothing will be definitely decided anvil Council actually appropriates the money. Upon a roll call vote, the motion offered by Mr. Hubard that'the words 'court and' be deletecl from the proposed Ordinance was lost by the following vote: AYES= Messrs. Garland and Hubard ...............................2. NAYS= Messrs. Lisk, Taylor, Thomas, Trout and Mayor Webber ..... Hr. Thomas pointed out that Co~_ncil is only com~tting itself to that which it agrees to appropriate money. Mr. Thomas then offered the following emergency Ordinance in connection with the acquisition of certain lands wanted and needed for the construction of new court a~d jail (J21166) ~ ORDINANCE authorizing and directing the City's acquisition of certain lands wanted and needed 'by the City for the construction of new court and Jail facilities for usa by the City of Roanoke and by other governmental subdivisions desiring and arranging for joint-use with the City, upon certain terms and condltionsl and providing for an~emergenCyo ' (For full reit of Ordinance, aea Ordinance Book 138,' Page 458.) ~tc. Thomas moved the adoption of' the Ordinance. The motion was seconded by ~r. Lick and adopted by the'following vote: AYES: Hessrs. Garland, Ltskt Taylor, Thomas~ T~out and Hayer Webber ....................................................................6 · ~A¥S: Hr. Hubard ......................................... Hr. Jack B. Coulter, Attorney, representing the Roy g. Park Broad- casting Ccxnpany, appeared before Conncil' and again expressed the concern of ~SLS-TV If its parking lot is acquired by the city, advising' that he is of the opinion that the report of the City Hanager and the maps are ambiguous, that the maps do not show where the facilities are to be located and pointed out that the City of Roanoke does not went to overbuild. Council having previously requested information from the State Departmen2 o£ Welfare and Institutions with'regard to funding of the facilities, the following co~nunica~ion fro~ Hr. William ~.. Lukhard, Director, State Department of Welfare and Institutions, trenmaitting info,nation with respect to funding the cost of constrnction and operation of jail facilities, was before Council. 'O~tober 4, 1973 The Honorable Roy L. Webber Mayor City Of Roanoke Roanoke, VA Dear Mayor Webber: I am writing in response to yottr letter of Septembe= 5, 1973, in which you request information .with respect to funding the cost of constr~ctton and operation of jall facilities. I apologize for the delay t_n responding~ but'I'knew the State Board of Welfare and Institutions was considering recommending cha~ges in the Code of Virgt~lia at the 1974 session of the Generil Assembly as to funding costs of construction, and I felt that this information would be of value to you, also.': Currently[ cedes end policies provide that local jail facilities may be constructed and participation by the Commonwealth of' Virginia is limited to' $25,000 and the facilities taunt be-approved by the Governor of Virginia within' the guideline- specifications as ~ developed by the State Board of Welfare and Institutions. Should mor~ then one locality desire to Join in the construction of a local facility on a regional basis, then the $25,000 'participation is for each locality~ that is, should four such localities join together then-the'State participation would There ts another-~ction'of-the Code of Virginia which allows for more than-one locality to join together in the construe- ' tlon of a local facilityl and when such facility is to be constructed on state-owned land, the State reimbursement in construction costs is $100,000 per locality participating. 213, Refuabttraement of'malntenance-an~ operation;costs'for a d~l, 18 ~sed u~ ~e ~ela~s~p~of~e'n~ of prisoner ~ys vh~ ara be~g'se~:~e' s~te.~arges se~ on ~e 1~1 c~ge8, '*S~e~ ~s averages ~ ~e ~ea oE ~ut 801 S~':e~s~t for all ~lat~ce ~d o~ra~ cos~ ~epe' ~sonal at,Ice · costa ~d bulldog ~t~ce-c~;-. P~so~l at,Ice . ~ons ~d salaries 'approve:by ~e' S~te ~satlon ~a~d, axcept fo~ ~dlcal' ~sl~1~s~ vhl~ are approved by ~e S~te ~d of ~elf~e ~d I~tltutlons. Building ~ one or ~:e localizes Join~ a :egioM1 facility cons~cted-~-~e-s~te-o~-1~i- ~e law p~vldes ~lv~ ~d'~e'S~te'~d'of'~elfare ~d Institutions for ~e o~ration oE such a facility. ~:ently, ~ere are no such fa~llities' In o~ratlon in ~e C~n~al~; In Its ~e~g e~liet ~is ve~,'~e'State ~a:d of Welfare ~d Institutions-ins~- ~e' ~p~t to- develop · legislation ~ich ~uld ~co~age'~e-develo~nt o~ c~ity-based correctional facilities~ vl~ ~e request ~at ~e ~s~celon ~sts oE-su~' facilities be're~- b~sed to ~e extent of SOt by ~e State. ~a2 should it ~ app~priate ~or ~ individual l~alitg to const~ct a new facility, ~e S~te Board's ~les ~d re~lattons on cons~ctton'~d progr~ o~raklon'should-lnclu~e re~lre- m~ts for co~ity-based correctional concepts as agatha a p~e iall-holding k~d of facility. Unde~ ~e concept p:o- ~sed by ~e State ~a~d in regard to ~e ~inten~ce ~d ~ration of such a regional correc~io~l facility, it ~uld ~ ~e option for ~e lo~lity to o~rate ~e facility ~der ~a:d of Welf~e and Ins~tutions for ~e Co~n~al~ to operate such f~cilities. The ~p~t will be developing pro~sed legislation 'as-inst~cted by ~e State ~ard Welfare ~d Institutions~ ~d ~tlclpates ~is for the ~ard~s [~e: conslderat~on-a~- its- ~ov~er ~eting. I t~st ~e ~ove ~fo~on ~ill be helpful and if I c~ provide ~y f~er assist~ce in ~is ~tte:, please do not hesitate to contact Ve~ ~ly yours, S/ ~illi~ L. L~hard ~. Lisk ~ved ~at ~e sta~ene [~ ~; H~ard ~d the c~ica~ion i:~ ~. L~d be received and filed. ~e ~tion ~as seconded by ~. ~ou2 ~d ~an~usly adopted. ~. ~s ~ved ~at ~e records sh~ ~at ~e Real Estate C~ttee is au~orized to con,er ~d ~rk vi~ ~e City ~ager in ca~in9 out ~e intent oi Ord~ce No. 21166. ~e ~on ~as seconded by ~. Trout ~d adopted. ~. H~ard ~ved ~at ~e recor~ sh~ ~t it is ~e intent' of Co~cil ~at OrdIn~ce-N=. ' 21166 is' consistent wi~ ~e ~oke' Valley Currect~ons Agr~t date~ F~a~-12, 1973, an~ ~at par~es ~ereto be o~fered op~rt~ity' ~ part~c~pate-~er ~t. agre~nt' for a regional' co~ect~ons facility on ~e do~t~ ~anoke s~te on a bas~s accep~le to ~e City of ~ok~. ~e ~tion was seconded by ~. ~rl~ ~ adopted by ~e foll~ing AYES~ Hessrs. Oarland~ Hubard, r.tsk~-Tayloz'~ Thomas, T~out and Kal'or NA¥S~ None ......................................................... CONSIDERATION OF CLAIMS= NONE. I~TRODUCTION AND CONSIDERATION OF ORDINANCES AND I~ESOLUTIONS~ BUDGET-~ SHARING~ Nr. Llsk offered the following emergency Ordinance decreasing the Personal Services account under Section %45, 'Police Department,' by {121167} AN ORDINANCE to amend and reordain Section 145, 'Police Department,' cf the 1973-74 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 38, Page 460.) Mr. Llsk moved the adoption of(.the Ordinance. The motion was seconded by Mr. Garland and adopted by the following'vote: AYES= Messrs. Garland, Hubard,-Lisk, Taylor, Thomas, Trout and }L~yor Webber ............................... NAYS: None ....................... 0. Mr. Trout offered the following emergency Ordinance decreasing the P. evenue Sharing Trust Fund by $576,341.00 and appropriating said amount to Person Services under Section ~45, 'Police Department,' cE the 1973-74 Appropriation Ordinance: (%21168} AR ORDINANCE to amend and reordain certain sections of the 1973-74 Appropriation Ordinance,' and providing for an emergency.- (For full text of Ordinance, see Ordinance Book No. 38, Page Mr. Trout moved the adoption of the Ordinance. The motion was second- ed by Mr. Lisk and adopted by the followimg vote: AYES: Messrs. Garland, Eubard, Lisk, Taylor, Thomas~ Trout and Mayor Webber ....................................... 7. NAYS: None ........................0. SPECIAL pERMITS= Coancil having instructed the City Attorney to prepare the proper measure permitting an encroachment of not more than twenty- two inches over the sixteen foot level of new exterior arches on a building over the street tight'of way line on First Street, S. W., for a distance of approximately fifty-four feet, said facing to be erected on-the east side of a building located on-Officlal Tax No. 1012220, upon certain terms and conditlons~ he presented semel whereupon, Mr. Trout moved that the following Ordinance be placed upon-its-first readimg: ' (%21169) AN'ORDINANCE permitting an encroachment of not more then twenty-two inches' over the sixteen foot level of new exterior arches on a building over the street right-of-way line on First Street, S. W., 2!5 for a distance of approximately fifty-four, feet, said facing to be erected on the east sids o£ a bulldln~ located on Of~c~a~ No. 1012220~ u~n her~lnaf~ describ~ on which ~e b~ld~ng of said fire Is l~ated at 415 F~rst S~eee, S.. ~., r~uest~.~at ~t ~ pe~tted to ~e sixte~ f~t level Into ~e street right-of-way line. on FirSt Street, S. W., sa~d new exterior arches to be approx~tely f~fty-fo~ feet ~n leng~ along sa~ F~rst S~eet,'S. W. ~ ~d ~, ~e C~ty ~ager has re~rted ~at ~e r~est of sa~d applic~t as-provided h~e~w~ll'-~se no pr~l~ to ~e C~ty ~n respect to future s~eets ~d'should ~erefore-be gr~ted~ ~d ~, p~su~t to'~e'author~ty-vested ~n local.governing ~es by sS15.1-376 of ~e 1950 C~e of Virg~n~a, as ~ended, ~is Co~- cll ~s agreeable to said applicant's pro.sa1 ~d ~s w~ll~ng to pe~t ~e encroac~t-he~aft~ mentioned over and ~nto not ~re ~ twenty- t~ inches over ~e sixteen foot~ level l~to ~e street right-of-way l~ne on First S~eet, S. W.~ abutting sa~d applic~t~s pro~rty~ u~n the ~d conditions he~e~after cont~nea. ~O~, BE ~T O~ by ~e Co~c~l of ~e C~ty of Roanoke, ~at ~ss~on be,' ~d ~s her~y gr~te~y~s Resta~ants~ o~er or occup~t o~ ~e lot descried as Offlcla~ No. 10~2220,.on which the build- ing occupied by sa~ c~y at 415 First Street, S. W., ~s located, to erect new exterior aries on ~e s~de~of sa~d bu~d~ng~ approx~tely flfty-fo~ feet ~ l~g~ along F~rst Str~et~ S. W., which sa~d new exterior arches ~y enc~ach'~sterly fo~ a dep~ of not ~re ~ twenty-t~ ~nches over ~e s~te~ foot lev~l of ~e street r~ht-of-way l~ne on the west l~ne of F~rst S~eet, S. W., ~uttlng ~e aforesaid lot~ sa~d new exterior arches to ~ pro.fly ~d safe~y cons~cte~-~d ~ln~ne~ at ~e e~ense o~ aforesaid appl~c~t, or ~ts ass~s, or successors ~ ~nterest, on ~ssu~ ~erefor by ~a B~lding C~ssioner.~d ~n accord~ce wi~ such of ~e City's buildlng'reg~at~ons ~d re~ir~nts as are appl~c~le ~reto ~ s~ect, also, to all of.~e l~tlons con~ned ~n SS15.1- 376 of ~e 1950 C~e of V~rgin~a, abov~nt~oned~ it to be agreed'by ~ttee ~at by ~g ~d'~in~n~g such ~croac~ent~-sa~d pe~tte ~d its assl~s o~successors ~n:.int~est.agree to ~d~fy an~ save ha~ess ~e-C~ty of ~o~'of ~d f~ all: cla~ for ~nj~es or to persons:or-propertF ~at-~y'arise'by. r~son of ~e enc~ac~ent of said ~ter~or arches ~to ~e street r~ght-of-way l~e on F~rst Street, S. W. 2'18 COUNCIl., I~gGUL~R HEETINO, ~k:mdayt October 22~ 1973o The Council of the City of Noanoke met in regular meeting in the Council Chamber in '..he Municipal Building, Honday, October 22w 1973, at 2 the regular meeting hour, with Hayor Roy Lo Webber presiding. pI~ESENT* Councl~ Robert A. Garland, WilliamS. Hubard, David Llsk, Noel C. Taylor, Hampton W. Thomas, 3ames O. Trout and Hayor Roy L. Webber ................... ~ ........... m ..... ?. ABZENT: None ....................0. OFFICERS PRESENT: Hr. Byron E. Haner, City Hanager; Hr. Sam H. HcGhee, III~ Assistant City Hanager; Hr. James N. Eincanon, City Attorney; Hr. H. Ben Jones, Jr., Assistant City Attorney; and Mr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Noel C. Taylor. MINUTES: Copies Of the minutes of the special meeting held on Monday, October 8, 1973, and the regular meeting held on Monday, October 15, 1973, having been furnished each member of Connctl on ~otion of Hr. Trout, seconded by Hr. Lisk and unanimously adopted, the reading thereof was dis- pensed with and the minutes approved as recorded. HEAP/NG OF CITIZENS UPON PUBLIC MATTERS: CITY ENGINEER, Pursuant to notice of advertisement for bids for a pre- engineered steel framing system for the Roanoke public Works Service Center, said proposals to be received by the City Clerk until 2 p.m., Monday, October 22, 1973, and to be opened at that hoLlr before Co%lneil, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative pre. sent 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: Na~e Item I Item 2 Item 3 Days Hodges Lllmber Corporation - $ 330,000.00 $ 272,000.00 $ 30.00 180 Frye Building Company - 369,000.00 30,00 Southwest Construction, Incorporated - 337,300.00 12.00 270 Creative Constr~ction and Development Corporation - 458,000.00 15.00 Hr. Thomas moved that the bids be referred to a core,ut=tee to be appOinted by the Mayor for tabulation, repOrt and recoa~aendation to Council. The Iaotion was seconded by Hr. Trout and uneni~ously adopted. Mayor Webber appointed Messrs. Sam H. McGhee, III, Chairman, Kenneth L. Motley and Charles L. Gutshall as members of the co~ittee. CI~ ~NGINEER~ Pursuant to notice of advertisement for bids for rough grading o£ the site for the Roanoke Public Works Service Center, said proposals to be received by the City Clerk until 2 p.m., Honday, October 22, 1973, and to be opened at that hou~ before Council, Nayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Hayor instructed the Deputy City Clerk to proceed with the opening of the bids; vhereup0n, the Deputy City Clerk opened and read the following bids: Naive Itel~ I Itela 2 Itela 3 Days Double N. ~'ucking Corporation - $ 10,488.00 $ 2.50 $ .35 20 Joe Bandy & Son, Incorporated - 12,750o00 18.00 1.50 60 Branch and Associates, Incorporated 38,500.00 5°00 .90 60 Hr. Thomas moved that the bids be referred to a committee tO be appointed by the Hayor for tabulation, report and reco~mendation to Council. The motion was seconded by Hr. Trout and unanimously adopted. Hayor Webber appointed Hessrs. Sam H. HcGhee, III, Chairman, Kenneth L. Px~tley, and Charles L. Gutshall as members of the committee. NOA~OXE V/kIJ~Y COUNCIL OF COHttUHITY SERVICES.- Hr. Raleigh Campbell, Executive Director of the Roanoke Valley Council of Con~nnnity Services, appeared before Council in connection with funding for a Citizens' Environmental Council, requesting a sum equivalent to tan cents per inhabi- tant f~om each of the valley governments, pointing out that the City of Salem has already granted funds for one year, that in the future the Environmental Council should develop other sources of funds, thereby, decreasing its reliance on local governments and that inasmuch as the Environmental Council will perform a much needed educational function it seems that it is quite appro- priate to seek local government support. Hr. Preble Ware, representing the Roanoke Jaycees; Ms. Betty Long, representing the League of Women Voters of the Roanoke Area; and Ms. Linda Thompson, representing the Junior Leaque of the Roanoke Valley, appeared before Council and endorsed the request of the Citizens' Environmental Council. Hr. Trout moved that the request be referred to the city Manager for study, report and recommendation to Councll as soon as possible. The motion was seconded by Dr. Taylor and unanimously adopted. PETITIONS AND COMMUNICATIONS: SCHOOLS-TOTAL ACTION AGAINST pOVERTY IN ROANOKE VALLEY: k co~unlcation from Hr. Bristow Hardin, Jr., Exeentive Director, Total Action Against Poverty in Roanoke Valley, advising that Roanoke City 219 ~20 Council has been selected to be represented on the Board of Directors of TAP this year and advising that Council may elect one of its own members or elect a person chosen by Council, but not necessarily a CoUncil member, for representation to said Board of Directors. H~. Trout placed in ~cmiination the name of Harold G. Hardy. There being no further nominations, Hr. Harold G. Hardy was elected as a representative to the Board of Directors of Total Action Against Poverty in Roanoke Valley by the following vote: FOR HR. HARDy: Hessrs. Garland, Hubardw Lisk, Taylor, Thomas, Trout and Hayer Webber ........................ POLICE DEPARTNE~T-CO~PLAINTS: A com~nUnication from Hr. Charles S. Smith, 435 Arbutus Avenue, S. E., transmitting a petition signed by 33 residents of the 400, 500 and 600 blocks of Arbutus Avenue, S. S., requesting better police patrol of their neighborhood, was before Council. Hr. ThOmas moved that the matter be referred to the City Manager for whatever action he deems necessary. The merles was seconded by Dr. Taylor and unanimously adopted. FLOODS-HURP/CARES: Copy of a Resolution adopted by the Roanoke County Board of Supervisors at its meeting held on Tuesday, October 9, 1973, seeking congressional support for funding of the WiLmington District Corps of Engineers~ Flood Control Study for the Upper Basin of the Roanoke River, was before CoUncil. Dr. Taylor ~ved that the Resolution be received and filed. The motion was seconded by ~ir. Trout and unanimously adopted. REPORTS OF OFFICEP~: BUDGET-DSPJiRTHENT OF pUBLIC ~F~RE: The City Manager submitted a written report in connection with House Bill 1497 which gave the State Department of Welfare and Institutions a mandate to establlsh minimum standards for the delivery of Court Social Services, advising that under this Bill the local Soclal Services Department was transferred the responslh{lity for placing cbildren in emergency shelter care,' supervising their stay and providing the services while there such as medical examinations to determine the physical or emotional condition of the child, transportation to school, if school age, research and the writing of the social study for the Court hearing for disposition to include recoz~mendations to either return the child to the parent or place it with relatives, etc., services to natural parents and counseling with shelter care parents around the adjustment Of the child to separation from its parents, pointing out that if the Social Services Department is to undertake this work two additional workers will be needed ~mmedlately, that in addition to the two Social Workers two addltional desks and two chairs will al~o be needed and reconunending that 221 $11,625.00 be appropriated to Personal Services and t-hat $630.00 be appropriated to Office Fu~nitu~e and Equil~nent - New ~der Section [37, '~lic of ~e 1973-~4 bud~eh In o~der to provide suffic~2 f~ds fo~ ~e ~equired se~lces, 80 ~r c~t of ~ese e~nses to be ~el~sed b~ the ~pa~nt o~ ~elfare ~d Institutions. ~. ~sk ~ved ~a~ Co~cll ~nc~ In ~e re~t of the ~nager ~d offered ~e foll~nq ~rgen~ Ordin~ce appropriating the r~uest~ f~ds: ~sist~ce,' of ~e 1973-74 AppropriatLon OrdLn~ce, and prey/dAng for ~erg~. (For full text of Ordin~ce, see Ordin~ce ~k NO. 37, Page 464.) ~. Llsk ~ved ~e adoption of ~e OrdAnance. The ~tion was seconded by ~. ~out ~d adopted by ~e foll~ing vote: A~: Messrs. Garl~d, H~ard, Lisk, Taylor, Th~s, Trout and ~yor Webber ............................ ~YS: N~e ................... 0. BUDGET-CITY NU~ING HOHE: The City Manager submitted a written report reco~mending that the City of Roanoke enter into a contract with Smithey & Boynton, Architects and Engineers, for professional services to make an evaluation and study of the City Nursing Home and prepare a prelL~inary cost estimate of the work required to bring the Nursing Home into conformity with state rules and regulations governing such facilities, at a cost not to exceed $3,500.00, advising that followlng receipt of the evalua- tion report, a determination will be made as to what course of action to take with respect to the Nursing Home and further recomaending that $3,500.00 be aPPropriated for this purpose. Dr. Taylor moved that Council concur in the recon~uendatton of the City Manager and offered the following emergency Ordinance appropriating $3,500.00 for said study: · (%21171) AN O~DINANCE to a~end and reordain Section $89, 'Trans- fers to Capital Improvemmnts Fund,' of the 1973-74 Appropriation Ordinance, and providlng for an emergency. '(For full text of Ordinance, see Ordinance Book No. 38, Page 464.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Iz[sk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ........... ~ ........ ' ........ ?. NAYS: None ..............~ ..... 0. Dr. Taylor then offered the followlng emergency Ordinance authorizing the e~ployment of Smithey & Boynton, Architects and Engineers: .222 (J21172) AN ORDINANCE approving and authorizing the employment of Smlthey & Boynton~ A~chitecta and ~ngineera, to make an evaulation and study ot the City Nwrsing Home and prepare a prelimina~y cost estimate of the work required to bring said nursing home into conformity with state rules and regulations governing such facilities, upon certain te~ms and conditions~ and p~ovidlug for an emergency (For full text of Ordinance, see Ordinance Book No. 38, Page 465.) Dr. Taylor ~oved the adoption of tho Ordinance. The motion was seconded by M~. Trout and adopted by thn following vote: AYES: Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ................................ 7. NAYS ~ None ....................... 0. STATE HIGHWAYS-BRIDGES: The City Manager submitted a written report advising that the city has been notified by the Virginia Department of Highways that a Combined location and design public hearing for the new Jefferson Street Bridge over the Roanoke River and Norfolk and Western Railway has bean scheduled for December 12, 1973~ at the National Guard Armory beginning at ? p.m., and further advising of a pre-public hearing meeting scheduled at the sa~e location on December 11, 1973, from ? p.m., to 9 p.m., with representatives of the city and the Highway Department. Hr. Trout moved that the report be received and filed. The m~tion was seconded by MX. Lisk and unanimously adopted. STATE HIGHWAYS: The City Manager submitted a written report recon~andtng that Council adopt an ~mended Resolution indicating that the City of Ro~oke is willing to pay 100 per cent of all costs incurred on the 13th Street from Dale Avenue, S. E., to Orange Avenue, N. E., project, if at some future date, the city proposes that the project be abandoned. Mr. Garland moved that Council concvr in the reeoaFaendatlon of the City Manager and offered the followlng Resolution: (%21173) A Resolution reconn:ending a~d urging the inititation by the Depart~nent of Highways of a project to improve State Route ii5 from the intersection of 13th Street and Dale Avenue, S. E., to the intersection of 9th Street and Orange Avanue, N. E., lncludlng a bridge over Lick Run and the Norfolk and Western Railway, setting out the need therefor; com- mitting the city to pay its proportionate part of the cost of such project; and amending Resolution No. 20931. (For full text of Resolution, see Resolution Book No. 38, Page 466.) Hr. Garland moved the adoption of the Resolution, The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. 7. NAYS: None .....................0. STATE HIGHWAYS~ Tho City Manager submitted a written report recc~m~ending that Co~neil adopt an amended Resolution indicating that the City of Roanoke is willing to pay 100 per cent of all costs incurred on the Tenth Street fro~ Gllmer Avenue, N. W., to Wllliamson Road, N. W., project, if at eom~ future ~ate~ the city proposes that the project be abandoned. Dr. Taylor ~oYed that Council concur fn the recc~nendation of the City Hanager and offere~ the following Resolution~ {%21174) A P~SOLUTION reco=~ending and urging the intitiation by the Department of Highways of a project to ~mprove 10th Street, N. W., between GiLmer Avenue, N. W., and Williamson Road, N. W., in the City of Roanoke~ setting out the need therefor~ c~mm~tting the city to pay its proportionate share of the' cost of such project~ and amending Resolution HO. 20932. {For full text of Resolution, see Resolution Book No. 38, Page 467.) Dr. Taylor moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Nubard, Lisk, Taylorw Thomas, Trout and Mayor Webber ................................ 7. MAYS: None .......................0. CITY EMPLOYEES: The City Manager submitted a written report advising that he would like to present to Council for confirmation the names of two individuals~ one for the position of Director of Civic Enrich- ment and t~e second for the position of Director of Safety and Security, pointing OUt that he is prepared to present these recommendations in open session, however, should Council so desire, he would be receptive to Council interviewing the proposed nominees in executive session prior to the confirmation. With reference to the matter of executive sessions of Council to discuss quallfications of candidates or to ~et with candidates for positions which the City Charter requires the city Manager to select and the Council to confirm, Mr. Thomas presented the following prepared statement: 'October 22, 1973 TO= MAYOR AND MEMBERS OF COUNCIL I wish to state for the record that I, as a member of Council, will not attend any more Executive Sessions of the Council to discuss qualifications of candidates or meet with candidates for positions which the charter requires the City Manager to select and the Council to confirm unless and until the City Manager has publicly announced his choice of individuals to fill the posi- tions. At the Coencil meeting of October 8, 1973, the City Manager requested permission to have am Executive Ses- sion for the purpose of discussing a personnel matter. The Council granted the request without co~=aent. At 223 2'24 the close of the Council Meting, the Council ~eeting · was adJouL'ned and the Council went into Executive Ses- · - In the Executive Session, Mr. garter advlse(l the Council that he hsd selected two applicants for vacant positions and vante~ to review their qualifications with tho Council since Council must confirm the appointments. The two individuals involved had been Invited to travel to Roanoke and were personally Invited to meet with the Council. Tho applicants were placed on tho agenda for the following week and Council confirmed the appointments as requirmt by low I wish to emphasize that I believe the applicants were well qualified and deserving of confirmation by Counclll however, ! expressed opposition to tho pro- . cedure followed at the Executive Session and renew that opposition publicly now. I request that definite quide- lines be established now and followed in future appoint- ments as long as the requirement for Council confirmation ts required for the following reasons: 1. The matter of confirmation is merely procedural and not substantive amounting to no mere than e 'rubber stamp' process when Council Is asked to discuss the qualifications of that candidate or to even discuss the matter with the candidate prior, to the city Manager publlcly announcing who that candidate is that ts to be named to the position. When confirmation is required by charter, I submit the following to be a workable proce- (a) That the City· Manager publicly announce {b) council call for Executive session if it feels that it needs additional information of a confidential nature to discuss the candidate. (c) Council in subsequent open session confirms or denies the confimtion of the person selected by the City Manager. If this procedure is followed the city Manager will be doing his job withoet the risk of the Council influenc- ing his decision. Likewise the Council by not having discussed the matter with the city Manager or the candidate the risk of the City Manager influencing its opinion on confirmation of the person n~minated. I feel this is an important matter which should be clarified beyond doubt before we embark upon the selection of persons to fill the remaining two positions which are particularly close to the interest of all citizens. Not to follow and observe strict procedures at this ~uncture - where Council has the duty of confirmation - invites ago regarding the appointment of the Civic Center Manager. It is my personal opinion that the matter of 'confir- Council at the present time. Either it should be a meaningful process or it should be eliminated from the charter. 225 Hr. Thomas ~oved that his statement be received and flied. The motion was seconded by H~. Lisk and unanimously adopted. Hr. Thomas the~ moved that the request of the City Manager be taken unde consideration for deliberation at the e~d of the Council meeting and that the meeting be recessed at that ii, ne "In order for Council to take the necessary action. The motion was seconded by }ir. Trout and adopted by the following voter AYES: Messrs. Garlandw Hubard~ L[sk, Taylor, Th°mas~ Trout and Mayor Webber ................................. ?. NAYS: None ........................0. SEWEI~ AND STOPJ4 D~AINS: The City Manager submitted a Written report concurring tn the reco~endatlon of a committee that Council authorize the City Manager to enter Into a one year lease agreement with General American Transpor~ation Corporation for leasing to the city six rail cars, rubber lined, 10,000 gallon capacity, each suitable for transporting pickle llquor to the Water Pollution Control Plant, sald lease to be exte_ndable on a year by year basis in a fo~m subject to approval o£ the City Attorney. Mr. Llsk ~oved that Council concur tn the reco~nendatlon of the City ~anager and offered the following emergency Ordinance: (S21175) AN ORDINANCE accepting the proposal of General American Transportatlon Corporation to lease to the city slx (6} rubber lined rail ta~k cars for use at the city's Water Pollution Control Plant upon certain terms and condltions~ and provldlng for un emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 468.) Mr. Lisk moved the a~option of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. G~rland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ NAYS: None ...........................0. CITY EMPLOYEES: The City Ma/lager sub~itted a written report transmitting the final report from Albert l~%mond and Associates in connection wlth the second phase of the m~nage/aent study of the operations of the City Manager. Hr. Lisk moved that the report be taken under advisement. The motion was seconded by Mr. Thomas e/Id adopted by the following vote: AYES= Messrs. Garland,' Hubard, Lfsk, Taylor, Thomas, Trout and Mayor Webber ....................................... NAYS: None ..............................0. AUDITS: The City Auditor submitted a financial report of the City of pmanoke for the ~nth of SePtember, 1973. 226. N~. Huba~d moved that the report be received and filed, The motion was seconded by ~r. Trout and unanimously adopted, PENSIONS~ The Secretar~y-Treasurer Of the Board o'f Trustees o£ the Employees~ Retirement System sulmitted a cozmunication transmitting copy of the audit of the Employees~ Retirement System made by the ~l~m of Brown, E~wards & Com~any~ Certified Public Accountants, for the fiscal year ended June 30, 1973. Hr. Trout moved that the- re~ort he received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. DEPARTMENT OF pUBLIC WELFAI~E: The City Auditor submitted a monthly statement of expenditures for pubiiC welfare for the month ended September 30, 1973. Dr. Taylor moved that the statement be received and filed. The motion was seconded by Hr. ~.lsk and unani~ously adopted. ZONING: The City Planning commission suhmitted a written re~ort in connection with the request of certain property owners that property located on the southerly side of the 1300 block of Patterson Avenue, S. W., beginning with house number 1310 - 1312 and extending to 14th Street, S. W., described as Lots 3 ~ 8, inclusive, Block 11, West End & River View., 0fficial Tax Nos. 1213401 - 1213405, inclusive, he rezoned from RG-2, General Residential District, to C-2, General cc~mnercial District, recom- mending that the request be denied. Hr. Lick moved that action on the matter be deferred until the next regular meeting of Councll on Monday, October 29, 1973, pending notification from the attorney as to whether or not his clients desire a public hearing on the request for rezonlng. The motion was seconded by Hr. Trout and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Plannlng Commission for study, report and rec~m~endatlon the request of Mr. Robert A. Wingfield, Jr., et ex., and Hr. Thomas H. Beasley, Jr., that en ilnused and unopened portion of Walton Street, N. E., be vacated, dis- continued and closed, the City plan~lng Cch~=aiesion submitted a written report reco~endlng that the request be granted. Dr. Taylor moved that Counel hold a i~ublic hearing on the request at ?=30 p.m., Monday, November 26, 1973. The ~tion was seconded by Hr. Lisk and unanimously adopted. RE~0RTS OF COMMITTEES: AIRPORT: The Air~ort Advisory Conmlission submitted the following report in connection with the matter of construoting a close-in, short-term parking facility within the existing airport auto parking lot: II ~C~tol~r 16~ 1973 ~oanoke city ~cll so~ ~ssion ~tober 9~ 1973 ~e mtte~ of ~nst~ctlnq a close-in~ sho~t-tem pa=king facility ~l~ln ~e existing ~r2 au~ pa~k~ lo2 ~as reviewed. This pro~sal had been ~fo~e ~e c~ssion on Au~s~ 13 ~d had received approval but ~ heard before Co.cji ~u~st 20 ~e ~22e= vas refer~ed to ~e ~r~ ~v~so~ C~ission for f~er stud~ ~d ~cil ~e roll.lng for considera21on at ~e ~tober 22, Tha~ ~e existing Ai~=t lo~ Concessiona~e, ~COA D~v~sion~ I~ Cons~r SedUces Co~. ~ be ~=~ted a (5) ~ear ext~si~ ~o their cur~nt lease agre~en2 ~lth ~e City. Thie lease extension is to Include all of the pres~2 lease C~ditions plus ~e construc2~on of a 'shor~-2e~' pa~k~g area a2 ~e Concessionaires entire ~st (approx. $35,000.00 ~d =~uir~ng approx. 60 days to cons~uc2) Eo= ~h~ch ~e following ra~es ~11 appl~: F[rsk ~ ho~ ........... 25~ 0 to 1 hour ........... ~ch additional ~ ho~- 250 Each addi2~onal ho~ or fraction ~e~eof--- 15¢ ~ fo~ 24 ho~s--- ~2.50 ~x~m~ for 24 hours-- ~ese ~a~es ~111 a~ply ~o ~e exisbln~ percentages of 9~oss ~evenue ~hich are as fo11~s~ 0 ko ~14~000.00 .................. ~0~ ~o ~14~000.00 ~o ~16.000.00 ......... 80~ ~o ~16.000.00 a~d ove~ .............. 90~ ~o Yo~ c~sslon sugge~ ~a~ ~e ~e~ o~ lease exken- sion be ~a~ ~h&ch &s pe~ss~le ~o ~e C~y A~ko~ey out co~et~t~ve b~dd~ng. ~spectfully s~tte~, S/ J~es O. Trout sk J~es O. Trout Chai~' ~. ~out moved ~at Co~c~ conc~ ~n ~e rec~endat~on of ~e ~rt ~vlso~ Co~ss~on ~ ~at ~e ~tter be referre~ to ~e City Atto~:ey for preparation of ~e proper measure c~ng out sa~ recom- mendation. ~e ~t~on was seconded by ~. Lisk an~ a~opte~, ~. ~rl~ vot~g no. ~. Garlan~ e~resse~ ~e op~n~on ~at he does not ~ink it ~1~ to exten~ ~e lease w~out s~e ty~e of c~pet~tlve b~dd~ng. At ~s ~int, V~ce-~yor L~sk left ~e meeting du~ to official bus.ess. J~L= ' Cocci1 having referred to a c~ttee for study, re~rt ~ reco~n~tion ~e bl~ o~ H~ges L~er Co.ration for altera- tions to ~e ~etent~on cells on ~e first flor of ~e Co~ouse Building, 227 228 the comnitteo eubsitted a mitten repozt ~ec~mending that the proposal of Hodges Lunbe= C~y, in ~e ~t of $37~983.00~ be accepted. ~. ~out ~ved ~at Co~cil ~nc~ In ~e re~endation of ~e c~ttee ~d o[fezed ~e roll.lng ~rgen~ O;din~ce accepting the p~sal of H~ges L~e~ ([21176) ~ O~I~ accep2~ng a cer~n bid ~d a~ardinq a cef- tin ~n~act for altera2ions to ~e de2~2lon cells on ~he first flor ~e Co~ouse Bu~lding~ In ~oke~ V~rqinia, u~n certain te~ and condi- tions~ ~d p~vldinq for an ~ergenc~. (Fo~ full rex2 of Ordin~ce~ see Ordin~ce B~X No. 38, Paqe 469.) ~. T~ou2 ~ved the adop2~on of ~e O~din~ce. ~e ~lon second~ b~ ~. Garl~d ~d adopted by ~e follo~ing vote~ AYES: Hessrs. Garl~d~ H~ard, Ta~lor~ Th~s~ T~ou~ and Webbe~ .................................. ~YS~ None ................... 0. (~. Lisk absent) J~: Co.cf1 hav~ng ~eEe~red ~o a c~ttee for tabulation, ~e~r~ ~d reco~nd~t~on ~e bids ~eceived for providing ~e dehent~on cen2er a sec~t~ sure[II.ce s~st~, ~e c~tee ~-~tted a ~[tten rec~ending ~a2 ~e pro~sal of Ho~orola, Inco~ra~ed, ~n ~e ~2 $66,245.00, be accep2ed, ~d f~er rec~end[nq ~a2 ~e necessa~ be appropriated fo~ ~is ~. Tho~s ~ved ~a~ Co~c~l con~ In ~e reco~endat[on of the co. tree ~d offered ~e foll~ng ~erg~c~ Ord~n~ce accepting the pro~sal of ~ola, Inco~ra2ed: (~21177) ~ O~IN~ accepting ~ certain bid ~d a~ard~nq a ceftin con~ac[ for ~ns~allak[on oE a sec~t~ s~eillance s~st~ ~n ~e ~oke C[2~ Jail fac[~k~es, u~n certain te~ ~d cond[h~ons~ rejecting (For ~ull ~exh of Ord~n~ce, see Ord~n~ce ~ok No. 38, Page 470.) ~. Tho~$ ~ved ~e adop~[on oE ~e Ord[n~ce. The mo~on seconded b~ ~. Trou~ ~d a~op2ed b~ ~e foll°~[ng vote: AYES: Hessrs; G~l~d, H~a~ Ta~lor~ ~o~s, Trou~ and ~or W~er ................................ ~YS: N~ne ...................... 0. (~. L[sk absen2) D~. Ta~lor ~ offered ~e foll~ng ~ergen~ Ordin~ce ap~rop~a~ng $66,245.00 ~o Sec~[ty S~eill~ce Syst~ ~er Sec2~on ~89, '~s[~s 2o CapfUl ~prov~en~s ~d,' of ~e 1973-74 Appropr~a2~on Ord~ce: (~21178) ~ O~I~ to ~d and reorda[n Seck[on ~89, [ers 2o CapfUl I~rov~en~s F~d,' oE ~e 1973-74 Appropr~a2ion Ord[n~ce, ~ providing for ~ ~rg~. (For full t~t of Or~n~ce, see Or~n~ce ~k No. 38, Page 471.) ,! Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES~ Messrs. Garland, Bubard, Taylor, Thomas, Trout and Mayor Webber ............................... 6. NAYSz None ......................0.. (~r. List absent) WATER DEPARTM~NTz Council having referred to a committee for study, report and rocca~ndation the bid received from Progressive Products, Incorporated, for providing a prechlorlnatton system at the Carvlns Cove Filter Plant, the c~m~ttee submitted a wrltten report recommending that the bid be rejected since said bid is too high and not in the best interest of the City of Roanoke, the project to be readvertlsed in December, 1973. Mr. Thomas moved that Council concur in the recommendation of the commit%es and offered the following Resolution: (S21179) A P~SOLUTION rejecting the only bid received for furnishing a prechlorinatlon system at the Carvins Cove Filter Plant, and directing that the matter be readvertised for bids. (For full text of Resolution, see Resolution Book No. 38, Page 472.) Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Hayro Webber ................................ NAYS: None ...........................0. (Mr. List absent) UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF O~DINARCE$ AND RESOLUTIONS: SALE OF PROPERTY-HOUSING-SLUM CLEARANCE= Ordinance No. 21165 authorizing and provid~ng for the sale and conveyance of three parcels of land to the City of Roanoke Redevelopment and Housing Authority, upon certain terms and conditions, having previously been before Coanci! for its first reading, read and laid over, was again before the body, Hr. Thomas offering the followlng for its second reading and final adoption: (%21165) AN ORDINANCE authorizing and providing for the sale and conveyance of three parcels of land to City of P~anoke Redevelopment and Housing Authority, upon certain te~ms and conditions. {For full text of Ordinance, see Ordinance Book No. 38, Page 461.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor Webber .................................. 6. NAYS= None ...................0. (Mr. Lisk absent) 229 230 SPECIAL PE~TS: Ordinance No. 21169 permitting an encroachment of not ~ore than t~eAt¥-t~o 1riches o~r ~e s~te~ f~t level of nev exterior a~ches on a bu~ld~n~ ove~ ~e st~ee~ ~lgh2 of way line on First S~eet, S. ~., for a dlst~ce of approx~tely ftfty-fo~ feet, said facing to be e~ected ~ ~e east side of a building located on Official Tax NO.- ~012220, u~n ceftin te~ ~d conditions, having ~feviously been before ~cil for its fi=st zeading, read ~d laid over, ~as again before ~e ~dy, ~. ~s offering ~e roll.lng for its second reading and final adoption ~ (i21169} ~ 0~I~ ~tting ~ ancroac~ent of not ~re twenty-t~ ~nches over ~e s~xteen foot leve~ o~ n~ exterior arches on a bu~l~ng over ~e street r~ght of way l~ne on F~rst S~eet, S. W., for a ~st~ce o~ approx~tely f~fty-fo~ feet, sa~ facing to be erecte~ on ~e east s~e of a building l~ate~ on Of~cia~ NO. 1012220, u~n certain te~ ~ conditions. (For full text o~ Ordinance, see Or~n~ce ~ok No. 38, Page 462.). ~. Th~s ~ve~ ~e a~opt~on of ~e Or,in,ce. The ~t~on was seconde~ by ~. Trout ~d a~opte~ by ~e following vote: AYES= Messrs. G~I~, H~ar~ Taylor, Th~s, Trout and ~yor Webber ................................. ~YS: None .................. 0. (~. L~sk absent) B~ET-CIR~T ~T= ~. H~ar~ offere~ ~e following ~ergen~ Ord~nanue approer~at~g $14,735.20 to Personal SedUces ~der Section 'General D~s~ct Co~t,' of ~e 1973-74 'budget, sa~ ~t representing ~e share of ~e C~ty of ~oke t~ard ~e salaries of the Judges of ~e ~neral D~s~ct (%21180) ~ O~N~ to ~en~ an~ reorda~n Section %20, ~neral D~s~ct Co~t,' of the 1973-74 Appropriat~on Or, in,ce, an~ prov~ng for an ~g~cy. {For full t~t of Or~in~ce~ see O~n~ce B~k NO. 38, Page 472.) ~. H~ ~v~ ~e adoption of ~e Or,in,ce. The ~t~on was seconde~ by ~. Trout ~ a~opte~ by ~e foll~ing vote: AYES: Messrs. Garl~d, H~, Taylor, Tho~s an~ Trout ...... ~YS: ~yor W~ber ........... ...................... i ......... 1. CI~ ~S= ~. ~out offere~ ~e fo11~ng Resolution conf~ng ~e C~ty ~ager~s ap~o~n~ent of K. B. K~ser as D~rector of ~t~litles ~ ~at~ons, C~e~l J. Fea~ as 0~rector of Technical ~ ~n~s~ra~ve PlYing, ~ of ~lcome Gle~ Grego~ as ~ager of ~tor~ze~ Veh2c2e ~ten~ce, 2n ~e a~n~s~at2ve se~2ce of ~e C~ty (J21181) A RESOL~TIOH confirming the City Hansgerts appointment of K. B. Klser as Director of Utilities ~d ~erat~on's~ C~ell J~ Fearn as Dlrec2or Of ~c~lcal ~d ~nistrat[ve Pl~g~ ~ of ~lco~ GI~ 6~eqo~ as ~ger o~ ~toriz~ Vehicle ~inten~ce, ~n~e a~ni- (For full t~k of ~solution, see ~solut~on'~k No. 38, Page ~. ~ou2 ~ve~ ~e adoption o~ ~e ~solukion. ~e ~tion ~as se~nded b~ ~. Ga~l~d ~d adopted b~ ~e foll~nq ~YES~ ~ss~s. Ga~l~d~ H~d~ Ta~lor~ Th~s~ Trout ~d ~yor Webbe~ ............................ ~YS~ None ........................0. (~. Lisk ~sent) S~ ~ S~ D~NS~ ~. Th~s offered ~e ~solution providing for a S~cial Hee~g o~ ~e Co~cil to be held on He~esda~, Nov~er 7, 19~3, at 2 ([21182) A ~SOL~ION p~ov~din~ for a special mee21n~ of ~e Co.oil to ~ held on We~esda~ Nov~er 7, 1973, at 2:00 o'cl~h, (For full text of Resolution, see Resolution ~k No. 38, Page 473.) ~. Th~s ~ve~ ~e a~opt~on of ~e Resolution. The ~t~on was secon~e~ by Dr. Taylor ~d a~opted by ~e roll,lng vote= A~S~ Hessrs. G~I~ H~ar~ Taylor~ ~s, ~out and ~yor Weber .....................................6. ~YS= None ...................... 0. {~. L~sk abs~t) M~IONS ~ ~S~OUS BUSIES: ~TAT~ONS~ ~. Pr~e Ware~ repres~ting ~a ~oke Valley T~is ~soclation~ appeare~ beEore Co~ci~ ~ ~nv~te~ ~e m~ers of Co~c~ to atten~ a t~is ~t~on at 7=30 p.m., ~n~ay, ~tober 29, ~973, at ~e ~anoke ~et C1~. P~SIONS= ~yor W~ber cal~e~ to ~e att~t~on of ~at ~e one year te~ of ~. H~ R. K~ser as a m~er of ~e Police ~ F~re Pension ~ ~ire~ on Jul~ 1,' 1973, ~ calle~ for n~nat~ons to fill ~e vac~. ~. Trout place~ ~n n~nat~on ~e n~e of Hen~ R. Kis~r. ~ere ~ng no f~er n~nat~ons, ~ He~ R. Kiser was reelected as a m~er of ~e Pollce ~ F~re P~sion Boar~ for a te~ o~ one ye~ ~d~ng July 1~ 1974~ by ~e folding FOR ~. KISER= Messrs. G~l~d~ H~ar~ Taylor~ Tho~s, Trout ~ ~yor W~ber .......................... 6. (~. L~sk ~sent) HOUSING-S~ ~= ~yor Webber called to ~e att~t~on of ~c~'1 ~at ~e one year te~ o~ ~. R. R. H~ley as a m~er of ~e Undergro~ Utility Study C~ttee e~re~ on July 1, 1973, ~ calle~ for n~nat~ons Hr. Trout. placed ~n non~nabion the nmae of R. R. H~ley. ~ere ~eln~ no f~er n~a~lons~ ~. R. R. Henley was reelec~ as a ~;~her of ~e Undergro~d Utility Study C~t~ee for a ~em oi one year ~ding ~uly 1~ 1974~ by ~a foll~ing votes FOR ~. ~Ys Hessrs. G~I~d~ H~d~ ~aylor~ ~s~ ~o~ ~d ~yor ~ber .......... ~ ................. ~YSI N~e ....................... 0. (~, Llsk I~OST~ESI ~yo~ ~ber called to ~e att~tion of Coacil ~at ~e fo~ year tern of Hessrs. ~ard C. S~der8 ~d C. E. H~ter~ Jr. ~ as Directors of ~e Indus~tal Develo~n~ Av~o~lti of ~e City of ~anoke ~lred on ~tober 20~ 1973~ ~ callet for n~nations to fill ~e vacucies. ~. ~out placed in n~nation ~e n~s of Edward C. S~ders ~d C. E. H~ter~ ~r. There ~ing no f~er n~nations~ ~essrs. Edward C. S~ders ~d C. E. H~ter~ ~r., were ~eelected as Directors of ~e Industrial ~velo~ent Au~ority of ~e City of ~oke for tern of fo~ years each ~ding ~to~r 20, 1977~ by ~e roll.lng ~te: FOR ~S~. S~DE~ ~ H~R; Messrs. Garl~d~ Hubard, Taylor~ Th~s, ~out ~d ~yor W~ber ............... 6. . (~. Lisk absent) ~ORT: ~yor W~ber called to ~e att~tion of Co~cil ~at ~e four year te~ of Messrs. ~y E. Elliott, W1111~ H. Carder and Vincent S. ~eeler as ~ers of ~e ~rt Adviso~ C~ssion e~ired on ~tober 1, 1973 ~d called for n~nations to fill ~e vac~cies. ~. T~ut placed in no~nation ~e n~es of ~y E. Elliott, Willi~ H. carder ~d Vinc~t S. ~eeler. ~ere being no f~ther ~o~nations, Messrs. ~y E. E11iott, Willi~ H. Carder, ~d V~c~t S. ~eeler were reelected as m~ers of ~e ~rt Adviso~ C~ssion for te~ of fo~ ~ears each ending ~tober 1~ 1977, by ~e foll~ing vote; FOR ~S~, E~I~, ~ER ~ ~R= Messrs. ~rl~d~ H~d, Taylor~ ~o~s, Trout ~d ~yor Webber ...... 6. (~. Lisk abs~t) ST~I~-A~I~-COLISE~= ~yor W~ber called to ~e att~tion of Cocci1 ~at ~e fo~ year te~ of Messrs. Horace S. Fitzpa~ick ~d ~bert H. Mc~lland as m~ers of ~e ~oke Civic Center ~d. Stadi~ ~viso~ C~ssion e~ir~ on ~tober 1, 1973, and called for no.nations to fill ~e vac~cies. ~. ~out placed in n~natlon ~e n~es of Horace S. Fitzpa~ick ~d ~bert M. Mc~11~d. ~ere berg no f~er n~nations~ Messrs. Horace S. Fitzpatrick ~d Robert H. Mc~ll~d were reelected as m~ers of ~e Ro~oke Civic C~ter ~d Stadi~ Adviso~ C~ssion for te~ of fo~ years each ending ~tober 1, 1977, by ~e roll.lng vote: ,! FOR F~SSItS. FITZPATRICK AND NCLELL~N~ DI Nessrs. Garl~d~ H~ard, Ta~lo~, ~8~ ~ut ~d ~yor Webber ..... ~ ..... 6. (~. LSsk absent) I~TIOH-S~G~TIONz ~yor N~ber called to ~e attent$on of ~cil ~a2 ~e one year te~ oE ~ss~s. DavSd B~ch~ ~be~t C. Ch~chlll~ Bulbin~ David ~e~ ~s. Otis ~den ~d ~lty ~lations C~ttee e~i=ed on 3uly 1~ 1973, ~at ~. ~de has declined to se~e ~o~er 2e~ and called fo= n~na2ions to fill ~e vac~cies. ~. ~ou2 placed In no~nation~ ~e n~es oE David Bu~ch~ ~bert C. ~ill~ Charles A. Davis, Wllll~ C. Th~s, J~es W. Burks, Frederick L. Bulbin~ ~s. Otis ~den and one year each ending July ~ 19~4. There being no f~er n~inations~ Hessrs. David Butch, ~bert C. Ch~chi11~ Charles A. Davis, Willi~ C. Th~s, Frederick L. Bulbin, ~s. Otis ~den ~d ~. Co~ie D. ~lth were reelected as m~rs of ~e C~ity Relations C~ttee for te~ of one year each ~ding July 1, 1974, by ~e roll.lng vote: FOR ~S~. BUR~, CHUR~I~, DAVIS, TH~, ~U~S~ BU~IN, ~D~ ~D ~. ~ H~srs. _Garl~d, H~d, Taylor~ Th~s~ Trout and ~Yor' Web, er ..................................... 6. (~. ~sk ~sent) ~GIO~ 3~L: ~yor Webber called to ~e attention of Co~cil ~at ~e one year te~ oE Hessrs. Fr~ W. ~gers, Sr., and T. L. Pl~kett as m~ers o[ ~e Regional Cour~ouse C~ttee e~ired on July 1~ 19~3, and called for n~nations to fill ~e vac~cies. ~. Trout placed in no. nation ~e n~es of Fr~ W. Rogers, Sr. ~d T. L. Pl~ett. ~ere being no fur~er n~inations, Messrs. Fr~k W. Rogers, Sr., ~d T. L. Pl~ett were reelected as m~ers of ~e Regional Cour~ouse Co--tree for te~ of one year each ending July 1~ 1974, by. the followlng vote: FOR ~S~. R~E~ ~D PL~ Messrs. Garl~d~ H~ard~ Taylor~ ~o~, ~out ~d ~yor W~ber .................... 6. (~. h[sk ~sent) ~B~TIONS: ~yor W~ber called to ~e attention of Co~cil ~at ~e one year te~ of Messrs. Willi~ B. Vof[ ~d M. Carl ~ews as m~rs of ~e lndepend~ce Bicent~ial Co~ss~on e~ired on July 1, 19~3, ~d called for n~nat~ons to fill ~e vacancies. ~. Trout placed ~n n~nation ~e n~es of Willi~ B. Po[f ~d M. Carl ~ews. ~ere being no f~er no.nations, Hessrs. Willt~ B. Poff ~d M. Carl ~ews were reelected as m~ers of ~e Independence Bicent~- n[al C~ssion for te~ of one ~e~ ea~ ending July 1, 1974, by ~e foll~ing vote= FOR MESSES. POFF AND ANDREWS: Messrs. Garland~ Hubard~ Taylor, Thomas, Trout and Mayor Webber ..................... 6. (Mr. Llsk absent) ROANOKE CITY ARTS CO~LISSIONt Mayor Webber called to the attention of Council that the one year terms of Mrs. Betty Tlsinger~ Messrs. Robert M. Shannun~ Peter Wreden, W. L~ Whitwe11~ John W. Cressy and Frank H. Hill, Jr., as ~ers of the Roanoke City Arts Commission expired on July 1, 1973~ poAnting out that Mr. Hill has decAAned to serve another te~ and called for nominations to fill the vacancies. Mr. Trout placed In no~nation the names of Betty Tisingsr~ Robert M. Shannon~ Peter Wredenw W. L. Whitwe11 and John W. Creasy. There being no further nom~nations, Mrs. Betty Tisinger, Messrs. Robert M. Shannonw Peter Wreden, W. L. Whitwe11 and John W. Cressy were reelected as members of the Roanoke City Arts Comm~ssion for terms Of one year each ending July 1, 1974~ by the following vote: FOR ~. TISINGBR, MESSRS. SHANNON, WREDEN~ WHITWELL AND CREASy: Messrs. Garland, Hubard~ Ta. ylorw Thomas~ Trout and Mayor Webber ..... 6. (Mr. Lisk absent} Mayor Webber declared the meeting recessed in order for Council to meet An executive session with the City Manager to discuss appoAntments to the positAon of Director of Civic Enrichment and the position of Director of Safety and Security. After the executive session, Mayor Webber called the meeting to order. pI~ESENT: CouncAlmen Garland, Hubard~ Lisk, Taylor~ Thomas, Trout and Mayor Webber ......................... /tBSENT: None ........................ 0. C~TY EMPLOYEES: The City Manager submitted a written report recommending that Councll approve the appointment of Dr. Mary Jane Donnalley as Director of Civic EnrAchment, effective November 5, 1973. The City Manager submitted a further mitten report recommend- Ang that council approve the appointment of Mr. William A. Hewitt as Director of Safety and SecurAtyw effective October 29, 1973. Mr. Garland offered the following Resolutlon confirming the appointments made by the City Manager: (S21183) A RSSOLUTION confAr~E[ng th~ City ~anager~s appointment Of Dr. Mary Jane Donnalley as Director of CIvic Enrichment and of William A. Hswitt as Director Of Safety and Security, An the ad~nlstra- tire service of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 38, Page 474.) Mr. Garland moved the adoption of the Resolution. The motAon was seconded by Mr. Trout and adopted by the followlng vote: AYESI Mesars, Garland~ Hubardw Llsk~ Taylor, Thomas, Tourt and Mayor Webber ............................ 7. NAYSI None ..................~ .... O. Mayor Webber welcomed Dr. Donnsllsy and Hr. Hewitt to the City Of Roanoke and wished the~m much success in their positions. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST ~ p~ Deputy Cfty Clerk Mayor COUNCIL~ REG~ MEETING, Monday, October 29/ Tho Council of the City o~ Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Honday, October 29, 1973, at 7s30 p.m., with Mayo~ Roy L. ~ebber presiding. PRESENTs CounciLmen Robert A. Garland, William S. Hubard~ David K. Llsk, Ncc! C. Taylor, Hampton W. Thc~ae,.J~e$ O. ~rout and Hayor Roy Webber ...................................... ABSENTs None .....................0. OFFIC~P~ PRESENTs Mr. Byron N. Haner, City Manager! Mr. Sam McGhee, III, Assista~t City Managert }ir. Ja~es N. Klncanon, City Attorney~ Mr. N. Ben Jones, Jr., Assistant City Attorneyl and Mr. A. N. Gibson, City Auditor. INVOCATIONt The meeting was opened with a prayer by the Reverend Edgar Hedden, Associate Pastor, Raleigh Court United Methodis~ Church. ~tlNUTES: Copy of the minutes of the regular meeting held on }londay, October 22, 1973, having been furnished each m~mber of Council, on ~otlon of Dr. Taylor, seconded by Mr. Trout al~d onan~mously adopted, the reading thereof was dispensed with and the minutes approved es recorded. HEARING OF CITIZENS UPON PUBLIC MATTERSI ACTS OF ACKNOWLEDGEHENT-CITY GOVERNMENT: Mr. Lisk, Vice-Chairman of the Sister City Colmaittee, and Director Of the Town Affiliation Association, presente~ Nayor Webber with a~ album containing thirty reproductions of masterpieces of Korean art and a photo album of pictures which were taken during the celebration of Roanoke Day in Wonju, Korea, said gifts having been accepted on behalf of the City of Roanoke by Miss Robin Teske and Sgt. Clay Hill. Mr. and Mrs. Kenneth G. Teske, parents of Miss Robin Teske, appeared before Council and advised that their daughter considered it a privilege to accept these gifts on behalf of the City of Roanoke. Mayor Webber expressed appreciation on behalf of the members of Council and the citizens of the City of Roanoke for the gifts from the City of Won~u and also e~pressed appreciation to Miss Teske and Sgt. Hill for accept- ing the gifts on behalf of the city. Mr. Lisk moved that Mayor Webber be requested to transmit a letter of appreciation to the Mayor Of Wonju for said gifts. The motion was seconded by Mr. Trout and unanimously adopted. ZONING= Council having set a public hearing for ?:30 p.m., Monday, October 29, 1973, cul the reqnest of Mr. Leonard F. Angltn that property located at 1306 Patterson Avenue, S. W., described as Let 2, Block ll, Rap of West Elld & R/vet View, Official Tax No. 1213406, be rezoned from C-2, General Commercial District, to RG-2, General Residential District, the matter was before the ~ody. In this connection, the City Planning Cc~aission submitted the following report retreading that the request be grantedz 'October 4, 1973 The Honorable Roy L. Webberm and ~mbers of City Council Roanoke, Virginia Gentlemen .* The above cited request has been considered by the City Planning C_~.ssion on numerous occasions during the past tl~ee months. Hr. Anglin noted to the Planning Commission members that this specific property is no~ being operated under a non-conforming pez~ttt and that he intends to uss it for a four-family apartment house. To do this, however, he noted, will necessitate a RG-2 rezoning designation. Hr. Flagg, the o~ner of t~o adjoining pieces of property, also appeared before the Planning Co~nlsslon and v~lced his opposition to this rezontng petition. He noted that he had razed one old house situated on One of his lots and planned to tear dovn the other one short- ly. Hr. Flagg noted that a petition for a conanercial zoning designation hsd been filed for the remainder of this block (lots fronting on Patterson) and that he planned to utilize his tvo lots for a camper sales establishment, to do thism however, he noted, require a C-2 designation. The Planning CO~mission members then decided to consider both requests at the sa~ ti~e to permit them tO make a more accurate assessment of the situation. This matter was, therefore, tabled for a few weeks so as to per,lit Hr. Flagg a~d the refraining property owners an opportunity to file thelr rezoning petition. It should be pointed out that a petition opposing Hr. Angllnms RG-2 rezonlng request was submitted by some of the property owners o£ the thirteen hundred block of Chapman Avenue, S. W. After the rezonlng petition was formally filed, the Pl~nnlng C~ission members than discussed both petitions at great length. The general conse~lsus Of the C~isslon members as it relates specifically to Hr. A~gllnms request, was that there was more than adequate commercially zoned areas in this neighborhood, specifically, west of 13th Street. It was also noted that those blocks near 13th Street which are presently zoned for a co~u~ercial desig- nation are not being used for that purpose (many non- conforming uses). Accordingly, ~otlon was made, duly seconded and approved with a vote of four (4) ayes and one (1) nay, reco~nendlng to City Council that this request be ap- proved. Sincerely, S/ Henry B. Boynton by LM Henry B. Roynton Chairman' Mr. Leonard F. Anglin appeared before Councll in support of his request and presented a petition signed by four residents owning or living in property facing Patterson Avenue and Chapman Avenue between Thirteenth Street and Fourteenth Street, S. W., advising that they are in full agreement with his request. 237 238 H~. Barz~ N. Llchtensteln, Attorneyt repres~tin9 ~. Jo~ V. Fiagg, speared ~fore Co. oil ~d advised ~at his cliff o~s pro~rty 1310-1314 Patterson Av~ue, ~at ~ls property Is ~ediately adjacent ~ ~e probity of ~. ~911n~ advisinq ~at ~e~ ~e Unfinished Business ~rtl~ of ~e Co~cll a~d~ Is a ~e~t from ~e City Pl~inq In co~ection vl~ ~e ~est oi his client to ~ezone ~at property fr~ RG-2, ~eral hsiiatial District, to C-2~ ~neral C~e~cial District~ ~d r~esting ~at Co~cil consider ~e r~uest of his client along ~i~ ~e re.est of ~. ~91in, ~lntin~ ou~ ~at ii ~. h~lin~s property is rezoned to ~-2, his cliff ~ill not have a proper rezoning request since he ~ill not meet ~e ~ acre ~n~ r~lr~n~ ~der ~e provisions of ~e Zoning Ordin~ce ~d r~uesting ~at Co~ll t~le lt~ decision In coaectlon hDlin ~til It can hear ~ rezoninq ~ests at ~e s~e p~lic hearing. ~yor W~ber ~lnted ou~ ~at Co~cil c~ot consider the r~ues~ of ~, Flaqg at ~is t~e since it has no~ been legally advertised for p~lic hearing. After a discussion of the r~uest, ~. Garl~d ~ved ~at Co~cll concur in ~e recordation of ~e City Pl~ing C~lssion ~e re~est of ~. ~glin ~d ~at ~e foll~ing Ordln~ce be placed u~n its ~irst rea~ing: (~21184) ~ O~I~ to ~nd Title ~, Chapter 4.1~ Section of Th~ Code of ~e City of ~oke, 1956, as ~ended, an~ Sheet NO. 121, Sectional 1966 Z~e ~p, City of ~oke, in relation to Zoning. ~, application has been ma~e to ~e Co~cil of ~e City of ~oke to have 1306 Patterson Av~ue~ S. W., described as Westend & ~ve~iew ~p, Bl~k 11~ P~t of ~t 1~ west part of ~t 2, and part of ~t 3, Tax ~1213406, rezoned from C-2, ~eral C~ercial District, to RG-2, ~neral Resid~tial Districtl ~d ~, ~e City Plying Co~sion has reco~ended that the herelna~ter describ~ 1~ be rezo~ed fr~ C-2, ~eral C~ercial District, to RG-2, ~neral Residential Dis~ict~ ~d ~, ~e ~itten notic~ ~ ~e ~sted sign require~ to be p~llshe~ ~d ~sted, respectively, by Section 71, Chapter 4.1, Title of ~e C~e of ~e City of Ro~oke, 1956, as ~nded, relating to Zoning~ have be~ p~llshe~ ~d posted as re~ire~ ~d for ~e t~e provided by said sectionI ~ ~, ~e hearing as provided for in sniff notice was held on ~e 29~ ~y of ~tober, 1973, at 7:30 p.m., before ~e Cocci1 of ~e City of Ro~oke, at which hear~ all parties in interest ~d citizens were giv~ ~ op~rt~ity to be heard, ~ for ~ against ~e pro~se~ rezoning~ 239: ~.ERF-J,S~ this Councll~ after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be THEREFORE,. BE IT ORDAINED by the Council of the City of ~oanoke 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. 121 of the Sectional 1966 Zone Map, City of Roanoke, be amended in the following particular and no other, viz.: Property located on 1306 Patterson Avenue, S. W., described as Westend & P~Lverview Map, Block 11, Part of Lot l, west part of Lot 2, and part of Lot 3, designated on Sheet 121 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 1213406, be, and is hereby, changed from C-2, General Co~mnercial District, to RG-2, General Residential District, and that Sheet No. 121 Of the aforesaid mop be changed in this respect. The motion was seconded by Mr. Hubard and adopted by the following AYES: Hessrs. Garland, Bubard, Lisk, Taylor, Thomas~ Trout and Mayor Webber ........................... 7. NAYS: None ..................0. ZONING: Council having set a public hearing for 7:30 p.m., Honday, October 29, 1973, on the request of the City of Roanoke Redevelopment and Housing Authority to rezone from C-4, Central Business District Expansion Area, to C-3, Central Business District, certain real estate generally situated south of Campbell Avenue, S. E., east of Second Street, S. E., and west of the Norfolk and Western Railway Con, any right of way and situated south of Tazewell Avenue, S. E., east of South Jefferson Street, north of Elm Avenue, S. E., and west of the Norfolk and Western ~ailway Company right of way, the ~tter was before the body. In this coanect~on, the City planning Co~aission submitted the followlng report recommending that the request be granted: 'September 6, 1973 The Nonorabl~ Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request was considered by the City Planning Cn~ssion' at beth its regnlar meetings of August 15, 1973, and Sept~_mber 5, 1973. At the Auqust 15, 1973, meeting, Mr. Wes White appeared before the planning Comm/ssion noting that part of the property of the Downtown East Project is presently zoned C-3, Central Business District, but that the re~aainder of the project is zoned C-4, Central Bus[ness Expansion Area. Ne stated that since this project is fragmented zoning-wise, the Authority feels that there should be one u~lfor~ zoning. ~240 .~ro Henley e~ated that- there ~ould be 1600 parking none ~e z~r~, · He f~er s~t~' ~at ~n a C-4 clasSificat~on, one pa~k~g s~ce Is r~l~ed for eaoh 300 s~are feet of building area, ~hereas, ~ls project ~uld have one pa~k~g apace for eaoh 500 s~re feet. Afte~ s~ dis~s~on b~ ~e PI~ C~ssion ~ ~t vas g~e~al~ agreed that ~e p~obl~ o~ parking ~ ~e d~t~ area, w~ a s~cifio focus ~ ~e ~t~ ~st P~Jec2~ should be studied by ~e Plying ~2 before a rec~datl~ la ~de on ~ls ~tter. ~e plied cons~ctlon o~ ~ee n~ office build- Ings ~ ~e d~t~ a~ea constituting In excess of 600 ~ous~d s~are feet of office space~ and ~e absence of ~ parking re~lre~nts in ~e C~al Business DIS~IC~ pro. ted ~ts action. This ~ezoning petition ~as, ~erefo~e~ ~bled to ~t ~e Pl~lnq ~pa~n2 to study ~e pa~k~g situation In ~e C~tral Business District. A~ ~e Sept~er 5~ 1973, meet~ of ~e Plying ~ssion~ an lnter~ park~g re~rt was pres~ted ~e Plying Co~ssion by ~e Pl~lng receding ~a2 ~ls rezoning ~est ~ approved {see ~closed). ~e re~rt generally ~inted to the ad~ua~ o~ ~e parking situation in ~t~ Roanoke, no~ln9 ~at c~e has ~o be ~erclsed ~o i~s~e for the ade~acy of sho~t-tem parking In the ~ut~e long-te~ parking, while ad.ate, is not always in ~e proper l~atton. At ~e meeting, it was also ~lnt- ~ out ~at the City ~y have to consider, ~n ~e future~ fringe ~rking ~n ~e do~t~ area so as to decongest d~t~ ~d ~ke ~t a ~re v~le entity. S~e d~scuss~on by ~e Pl~ng Co~ss~on c~tered on ~ ~ncept of fringe park~g ~n ~e do~- to~ area ~d ~e g~eral parking s~tuat~on ~n ~- to~ East. ~e C~ss~on m~ers generally felt that ~e Au~ority was prov~dlng for a~e~ate parking for ~s project. Accord~gly, motion was ~de, duly secon~e~ an~ approved ~ous~y r~co=end~ng to C~ty ~s re~est be approved. S~ncer~ly, S/ ~ B, ~ynton by ~ H~ B. ~ynton No one ~ppearlng ~n op~s~t~on ~o ~e re,est for rezon~ng, ~. Tho~s ~ved ~at ~e fo11~ng Or~n~ce be place~ u~n ~ts f~rst rea~ng. (~21185) ~ O~IN~ to ~end Title ~, Chapter of ~e Code of ~e City of ~ok~, 1956, as ~nded, and Sheet No. 40~, Sectional 1966 Z~e ~p, City of ~oke, ~n relation to Zoning. ~, a~icat~on has be~ ~e ~o Co~c~l of ~e C~ty of ~oke to have ~e foll~g real estate generally s~tuate~ sou~ of C~pbell Argue, S. E., east of S~cond S~eet, S. E. ~ ~ w~st o~ ~e Norfolk and W~stern ~l~y C~y right-of-way, ~ situated sou~ of Tazewe~ Avenue, S. E., east of Sou~ J~ferson S~eet~ nor~ of E~ Avenue, S. E.~ an~ west of ~e Norfolk ~d Weste~ ~y C~y r~ght-of-way, and being more parti- cularly descr~be~ here~after, rezone~ ~m C-4, C~al Bus~ess D~s~ict ~p~slon ~ea to C-3, C~tral Bus~ness District~ ~IERE~, the mitten notice and the posted sign required to be published and posted, respectively, by Section ?l, Chapter 4.1, Title XV, of the Code of the City of Boanoke, 1956, as amended, relating to zoning, have been published and posted as required for the time p~ovided by said section; and ~tEI~AS, the hearing as provided for in said notice was held on the 29th day of October, 1973, at 7~30 p.m., before the Council of the City o[ ~oanoke, at which hearing all parties in interest and citizens were give~ an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the evidence as heroin· provided, is of the oplnion that the heroine[tot described land should he rezoned. THEREFORE, BE IT OREA~NED by the Cocci1 o[ the City of ~oanoke that Title XV, Chapter 4.1, Section 2, of the Code of the City of Roanoke, 1956, as a~ended, relating to Zoning, and Sheet No. 401 of the Sectional 1966 Zone Map, City of P~anoke, be amended in the following particular and no other, viz.: Real estate generally situated south of Campbell Avenue, S. E., east of Second Street, S. E., and west of the Norfolk and Western Railway Company right-of-way, and situated south of Tazewe11 Avenue, S. B., east of South Jefferson Street, north of Elm Avenue, S. E., and west of the Norfolk and Western Railway Company right-of-way, more partlcularly described as follows: Lots 1 through 9, Block 1; LOts 1 and 2, and portions of Lots 3 and 4, Block 3; portions of Lots I through 5, Block 5~ Lots 1 and 2 and a portion of LOt 3, Block Lots 1 through 3, Block 2, Lots i and 2 and a. portion of Lot 3, Block 20, and portions of LOts 4 through 8, Block 24, all according to the Map of Park La~d and ~n~rov~ment Company; bearing Officlal Tax Nos. 4011902 through 4011908~ 4012001~ 4012002 through 4012004; 4012005 through 4012007~ 4011909, 4011911 and 4011912; 4013301 and 4013303; and 4013304 through 4013310, respectively; LOts 6 through 11, according to the Gale Map; bear~g Offlclal.Tax Nos. 4011901 and a northerly portion of O[[icial No. 4011913, respoctlvely; LOts lB through 22, Block 5, according to the Official Survey of the City of l~oanoke, S. E. 2, bearing Offi- cial Tax No. 4011922~ and a parcel of land containing 1.53 acres, more or less, being the remainder of Block 9, according to the Offlctal Survey of the City of Roanoke, S. E. 2, bearing O[flclal Tax No. 4013802~ described as Downto~ East Redevelopment project, Project No. VA. R-42, designated on Sheet 401 of the Sectlonal 1966 Zone Map, City of I%oanoke, · as Officlal Tax Nos. 4011901, 4011902, 4011903, 4011904, 4011905, 4011906, 401190?, 4011908, 4011909, 4011911, 4011912, a northwesterly portion of 4011913, 4011922, 4012001, 4012002, 4012003, 4012004, 4012005, 4012006, 401200?, 4013301, 4013303, 4013304, 4013305, 4013306, 401330?, 4013308, 4013309, 4013310, and 4013802, be, and are hereby, changed from C-4, Cen- tral Business District Expansion ~rea, to C-3, Central Business District, a~d that Sheet No. 401 of the aforesaid ~p be changed in this respect. 24.1. The motion was seconded by N~. Trout and adopted by the follo~ing AYES= Nessre. Garland, Hubard, Llsk, Taylor,' Thomas, Trout and Mayor Webber ............................... 7. NAYS= None ......................0. ZONING= Council having' set a public haarinq for 7=30 p.m., Monday· October 29, 1973· on the request of the heirs of Walter A. and Glenna Clark that property located at 2516 Winthrop Avanue* S.W. · described as Lots 3 and 4, Section 4, Winona Addition, Official Tax Nos. 1270503 and 1270504, be rezoned from ~D, ~aplex Residential District, to RG-1, General Residential District, the matter was before the body. In this connection, the City Planning Commission submitted the following report factfinding that the request be granted= 'September 6, 1973 The Honorable Roy L. Webber, Mayor and Members oF City Council Roanoke, Virginia The above cited request was considered by the City Planning C~{$sion at its regular meetings of August 1, 1973, August 15, 1973 and September 5, 1973. At the August 1, 1973, meeting, Mr. Lichtensteln, attorney for the petitioner, appeared before the Plan- ning Commission and stated the following in relation to this petition= -that he represented the heirs of this property. -that it is an old house that is not occupied and would cost a considerable amount of money to re- pair and maintain and ~hat they would like to sell this property to Mr. Looney, who plans to construct an apartment building on this property. -that there are numerous business and office estab- lishments and apartments located in this area and that no new residential developments have -that the highest and best use of this property is for an apartment designation and that the neighborhood is undergoing a transition to apart- -that no duplexes have been built in this area since the date that it was rezoned from Single-Family to Duplex Residential. Residents of the area presented a petition containing opposed to this rezoning. Mrs. Jesse Giles, 2512 Winthrop Avenue, S. W., appeared before the Planning Com=uLsston and stated that she lives next door 'to these lots in a small one-story home and that the home on the other side is also a small one-story. She further stated that' the people on this street were mostly retired people and had bought this property as a single- fa~/ly designation, she noted that there were already 165 apartment ~nits across the street and that the neighbors felt that they did' not need any more. She further noted that the residents were opposed to this rezoning and would like to keep it in its present single-family designation. 243 ·here vas no actl°n taken on' t~ls rezoning' request by the Planning Commission me~ber8 bemuse of lack of quo~ ~ ~erefo~e~ was carried over ~t~l ~e fl~2 sch~uled ~e2~g oE ~e Pl~g ~ss~ on ~u~st 1S, 1973. A2 ~e Au~s~ 15~ 1973, ~et[ng~ ~. ~cht~stein ~2 ~8 area is a ~slt~al one ~d ~a2 ~e only ne~ develo~k has be~ ~n ~e ap~ ~d ~ercial classificatl~s. He f~er s~ ~a2 ~ere ~uld be ~a2 ~e lots could acc~ate a ~ of 12 ~ne~, Appra~ser~ sta2~ng ~a2 ~e highes2 and best use of ~ls l~d ~as for apa~2 uses. ~s, Claudie C~, 2508 H~n~rop ~v~ue~ S. appeared before ~e Pl~lnq C~ssion, sta~ng ~a2 she liv~ t~ d~rs d~ fr~ ~ls pro~rty ~d ~at she had no object~ons ~o th~s rezontng. ~. J. T. Giles, 2512 Win~rop Avenue, S. W.~ ap~ared ~fore ~e Plying C~ss~on ~d stated ~at a petition had previously been given to ~e Plying C~ssion con- ~ning ~e ~es of eye,one l~v~ng ~n ~e 2400 and 2500 Blocks o[ W[n~op Av~ue~ S. W. ~ who are op~sed to rezoning except one~ and ~at ~ere are already 165 apart- m~ts In ~[s bl~k n~ ~d ~at ~y are not rented. ~s. ~ D. W[~er~ 2524 W[n~rop Avenue, S. appeared before ~e Pl~ng C~ss[on and stated ~at ~aff~c ~s already t~ congested ~n ~is area and traffic is blocked up for ~re ~ 3 blocks ~y t~es during ~e day. ~s. D. H. Hall, 2528 W[n~rop Argue, S. W., ~fore ~e PlYing C~ss~on stating ~at she was also op~sed to ~s rezon~g because of ~e ~aff[c probl~. After much d[s~ss[on by ~ Plying C~ission m~rs, it was g~erally agreed ~at a RG-2 zoning designation pe~t t~ ~y apar~t ~ts to locate ~n ~s area ~at W~rop Avenue c~ot h~dle excessive ~aff[c. ~at a RG-1 designation ~y be ~re appropriate. ~erefore, ~t~on was ~de, duly seconded and a~proved ~ous~y ~at ~s ~t~'be t~led and ~e petitioner be con~cte~ to see ~f he ~uld consider a RG-1 ~es~at~on, ~n l~eu of ~e RG-2 desk,at,on. At the Sept~er 5, ~973, meeting, ~. L~cht~ste~n a~ared before ~e Planing C~ss~on ~ pres~te~ w~ a letter from ~e petitioner stating h~s conc~rence wi~ ~d~ng ~e rezon~ng request to a RG-1 desk,at,on. ~ter s~e d~scuss~on by ~e Pl~g C~ss~on ~ers, ~t was g~erally agree~ ~at ~e a~l d~s~a- t~on ~uld be more co~at~ble w~ ~e ne~g~rhoo~. Accor~gly, ~t~on was ~de, ~uly se~nded an~ approved ~usly, rec~n~g to C~tyCo~c~l ~at property locate~ at 25~6 W~op Avenue, S. W., described as ~ts 3 ~ 4, Section 4, W~ona A~dit~on, Off,cia1 Tax Nos. 12705~3 ~a 1270504, be rezone~ from ~, ~plex Residential D~str~ct ~ RG-1, G~eral Res~ent~a~ D~str~ct, ~n l~eu of the or~g~- na~ r~st for a ~G-2 d~s~at~on. S~ncerely, S/ H~ B. ~ton by ~ ~. Bar~ N. L~cht~ste~ Atto~ey, repres~t~ng ~ petitioners, appeare~ before Cocci1 ~n sup~rt o~ ~e re,est of h~s clients. No one appearing in opposition to the request for rezoning, l~out aoved ~hat the following ordin~ce b~ placed u~n its f~st reading: (~21186) ~ O~I~ to ~n~ ~ltle ~, Chapte~ 4.1, Section 2, ~e ~e o~ ~e City of ~oAe, 1956~ as ~nd~, ~d Sheeb ~o. 127, Sectional 1966 Zone ~p~ City o~ ~oAe~ In re/ab/on ~0 ~ application has be~ ~Qe ~o ~e Co~cil of ~e C1~ of ~oke to have 2516 Hln~op Avenue~ S. H.~ Being ~S 3 ~d 4, Section 4~ ~lnona ~1~ Official ~ n~egs 1270503 ~d 1270504~ rezoned fg~ ~ ~pl~ Resld~tlal District, to RG-2~ ~ezal Residential Olstrlctl a~d ~,. ~e City Pla~lng Co~t~sio~ has reco~ended that the hereinafter described l~d be rezoned Er~ ~, ~plex Residential District, to RG-1, ~eral Residential District; and ~, ~e ~itten notice and ~e ~sted si~ required to be p~- lished ~d ~sted, res~ctively, by Section ~1, Chapter 4.1, Title ~, of ~e Code of ~e City of ~oke, 1956, as ~nded, relating to Zoning, have been p~lished ~d ~sted as r~lred ~d for the t~e provided by said section; and ~, ~e he~lng as provided flor in said notice was held on ~e 29~ day of ~tober, 19~3, at 7:10 p;m., ~fore ~e Co~cil of the City of ~oke, at which hearing all parties in interest ~d citizens were given ~ op~rt~ity to be heard, bo~ for ~d a~ainst ~e pro~sed rezoning; and ~, ~is Co~cil, after consider~g ~e evidence as herein, pro- vided, Is of ~e opinion ~at the hereinafter described l~d should be rezoned. ~O~, BE IT O~AI~D by ~e Co~cil of the City oi Roanoke ~at Title ~, Chapter 4.1, Section ~, of ~e C~e oi ~e City oi ~anoke, 1956, as ~ded, relating to Zonhg, ~d Sheet No; 127, of ~e Sectional 1966 Zone City of ~anoke, be ~ded ln.~e following particular and no o~er, viz.: P~operty located on 2516 Win~rop Avenue, S. W., described as ~ts 3 and 4, Section 4, W~ona Addition, desi~ated'on Sheet 127 of ~e Sectional 1966 ~ne ~p, City of ~oke, as Official T~ Nos. 1270503 and 12~0504, be, ~d is her~y, ~ged from ~, ~pl~ Residential Dts~ict, to RG-1, ~neral Residen- tial Dis~ict, ~d ~at Sheet No. 12~ of ~e aforesaid ~p be ch~ged in this respect. The ~on was seconded by ~. Lisk and adopt~ by the following vote: A~S: Messrs. Garl~d, H~ard, Lisk, Taylor, Tho~s, Trout ~d ~yor Webber ..............................7. ~YS ~ N~e ..................... 0. PETITIONS ~ CO~I~TIONS: CO~CIL:' ~. Garl~d pres~ted ~e roll,lng com~ication in co~ection wi~ ch~g~g ~e regular meet~gs of' Co~cil from ~nday to ~s- day, wi~ ~e ~t-off t~e for it~ to avcar on ~e agenda to be 5 p.m., Fridayw and ~hat ~hs agenda be delivered to ~he Councilman's home on Honday · October 25, 1973, Mayor Roy L. Webber and Members of Roanoke City Council. Gentlemen ~ Title 2w Chapter 4, Section 2, Rule 1, of the City Code states as follows~ ~The council shall hold its regular meetings on Monday oE each week except during the months of June, July and August, when two regular meetings each month may be held! except, that when any such Monday be a legal holiday of the city, such regular meeting shall be held Tuesday, next following!... ~ Insofar as my recollection is concerned, City Councils have always met on Mondays, except in the event oE a holiday. I cannot think of any special reason why this has been the tradition or why some other day of the week was not selected, unless it had to do with the preparation and delivery of the agenda, with the idea of giving the Councilman the weekend to assindlate its contents and prepare for the meeting on Monday. Recently the administrat~on requested that a certain bid opening be transferred to a Wednesday because it was felt that this would result in a considerable savings to the city on this particular bid. However, ! got the distinct impression that this would be true on most all bids because of the weekend end that most contractors do not normally work on Saturdays, end their inclination to procrastinate until the last to meet the 2 p.m., dead- line on Monday to submit their bid. Aside from this most important factor of savings to the city, there are other valid reasons why consideration should be given to changing the meeting to another more convenient day of the week. ! will enumerate several that com~ ~w~,ediately to my m~nd: 1. Now that some of the holidays have been changed.to Monday, thus enabling a long weekend for the worker, several of our meetings during the year are automatically changed to a Tuesday~ 2. Municipal conventions usually take place beginning on a Sunday or Monday resulting in a lack of a quorum or none at ell~ 3. Should a Councilman want to take a vacation weekend to include Monday, he hesitates be- cause of his obllgatton to the city for the Monday meeting~ 4. The weekends are usually dominated by sporting events whether local~ state or on national television, which results in the Councilman's interest being diverted from municipal affairs to more personal and family obligations, especially Sunday being the Sabbath. Accordingly, it would appear to this writer that Monday would be the least convenient and appropriate day for the City Council to meet, and as has been stated by the ad- n~nistration, the least favorable from the bidding view- point. I had previously thought that the meeting date was fixed by Charter, but was l~staken, but even so I feel that this is a matter that should be referred to Council's Legislat~ve Committee,-and ! would, therefore, make the motion that we do so for a report, study, and serious consideration that the day Of the week for the Council meeting be changed from Monday to Thursday, with the cut-off t~ne for items to appear on the agenda to be 5 p.m., Friday, and that the agenda be delivered to the Councilman's home Monday afternoon. Respectfully submitted, S/ Robert A. Garland js Px)bert A. Garland' 2.45 ~tr. Lisk spoke against that 'portion Or'the ccamunication dealing with changing the Cotmcil meeting d&y frm~ Honda¥ to Thursday, advising that he has not found any objections to the Honday ~eetings and that he does not think the public is offended by the Honday meetingsw that insofar as the bid openings are concerned he does not think the bids should be opened before Council at all, that it would be much simpler to let a committee of council open the bids and report back to the Council with their recommenda- tions. Hr. Llsk then moved that Council continue to hold its reg~llar meetings on Monday ~nd that Council acting as a Committee' of the Whole work out guidelines and establish some type of procedure for the opening of bids other than on Mondays. The motion was seconded by Hr. Thomas and adopted, Hr. Garland voting no. ZONING-SAL~ OF PROPERTY: A co~unication from Hr. William R. Reid, Presidentw Roanoke Area Association for'Retarded Children, Incorporated, requesting that Council assist the mentally retarded persons of this community by reviewing the inventory of city-owned lands to ascertain whether or not there is land that would accommodate the needs of ~ facility for the mentally retarded and that following receipt of an opinion from the City Attorney~ pe~mlt the Roanoke Association for Retarded Children to purchase such a site at a nominal price for the construction of such a facillty~ was before council. Hr. Trout moved that the conn~unicatlon be referred to the Real Estate Committee for study, report and reconnnendatlon to Council. The motion was seconded by Mr~ Garland and-unanimously adopted. WATER DEPARTMENT: Copy of'a Resolution adopted by the Bedford County Board of Supervisors on August 13,' 1973, requesting that the City of Roanoke supply water for the Parkway E~tates Subdivision in Bed£ord County, Virginia, was before the body. Mr. L~sk moved that the request be referred to the Water Resources Colmmittee for study, report and reconnuendatlon to Council. The mo~£on was seconded by Mr. Trout and unanimously adopted. STI~EETS AND AIJ, EYS-T~AFFIC: A petition signed by 38 residents of Hamilton Terrace, S. E., requesting that Hamilton Terrace be made a one way street, was before Council. Hr. Trout moved that the petition be referred to the City Manager for investigation and report to Council. The motion was seconded by Hr. Garland and unanimously adopted. SHOKE: A co~ununlcation from Mr. Lucian y. Grove tendering his resignation as a member o£ the Advisory and Appeal Board, Air Pollution Con~ ~rol, since he is not a resident of the City of Roanoke, was before Councilo 24Z l~. ~omae moved that ~he resl~natloa be accept~ v~ ~eg~et. The ~t~on vas seconded b~ ~. H~d ~d ~usl~ adopted. S~S ~ ~S~ ~ application from ~. ~o~ P. ~ne~ Atto~ey~ ~ep~esenting C~lty Hospital of ~oke Valley, and ~. ~bert E. Glo, Atto~e~, ~ep~es~tlng ~et2 Znves~ts, ~e~esting ceftin' alley ext~d~g f~ ~e sou~erly eide of ~in Avenue, S. ~ ~e no~erly s~de of Highl~d Argue, S. E., l~ated between F~rs2 Street ~d ~rd S~ee~, S. E.; ~d ~g parallel thereto be vacated, discontinued ~d closed~ was before Co~cll. ~. Garl~d offered ~e foll~ln~ Resolution ap~nt~nq viewers (~21187) A ~SOL~IOH prov~dLng ~og ~e ap~in~en~ o~ ~hgee vte~egs In ~ec~lon ~th ~e application of C~lt~ ~ospL~al ~o~e Valley ~d Ca~e~ /nves~n~s to pe~en~ly vacate~ dLs~nt~nue close ~ cez~ain alle~ exk~ing ~g~ ~e sou~erl~ s/de o[ Avenue~ S. g.~ ~o ~e not~egZy s~de o~ ULg~i~a Avenue~ S. E.~ locake~ between First S~eet ~d Third S~eet, S. E., and ~ing parallel thereto. (For full text of Resolutlon~ see Resolutlon ~k No. 38, Pag~ 475.) ~. Garl~d ~ved ~e adoption of ~e Resolution. The ~tion was seconded by ~. Lisk and adopted ~y ~e foll~ing vote= AYES= Messrs. GarliC, H~ard, Lisk, Tayler, Tho~s, Trout ~yor Webber ...........h .............. ~YS: N~e ................. 0. ~. ~sk ~ moved ~at ~e re,est be referred to the City Plying Co~ssion for study, re~rt and reco~dation to Co~cil. The ~tion was seconded by Dr. Taylor and ~an~uly adopted. ~0RTS OF OFFI~: S~ ~D S~ D~NS-S~ OF PROPER~: The City ~ager s~tted a ~itt~ re~rt in co~ection wi~ a . 92 acre parcel of land ~e~ by D. R. ~1~ a Son, Inco~orated, adjoining ~e property of the City of ~oke at ~e Sewage ~ea~t Pl~t, advising that offer of $1,000.00 was received for ~is property, ~at in August another o~fer was received in ~e ~t of $2,000.00 for ~e s~e parcel of land, ~inting out ~at ~e l~d does not have a value of $1,000.~0 or $2,000.00 and r~com- m~ing ~at ~e city not ac~ire ~ .92 acre parcel of land in question. ~. Th~s moved ~at Co~cil concur in ~e rec~endation of ~e City ~ager. The ~tion was seconded by ~. Trout ~d ~usly adopted. BUI~INGS = ~e City ~ager s~tted a ~itten re~rt In co~ec- tion wi~ a ~e~ fr~ ~. Jo~ P. Cone repres~ting the Southwest Section of ~e Virginia Chapter of ~erlc~ Institute of ~chitects with regard to changeover.date for operation under the Code of the Building Officials and Code ~uttnistrators, lnco~pornted, said query having been directed not only ~o t~e City of Roanoke but to the City o:~ Salem and ~oke Co~, advising ~at ~ ~e C~ty 0f ~oke ~d ~e City of Sal~ have res~nded to ~. Cone advis~g h~ of ~e Joint actl~ of ~e C~ty of Sal~, ~anoke ~d ~oke City ~ obtain~g a waiver for i~l~nta2ion of ~e B~ Code ~t~l Sept~er 1, 19~4, ~at ~. Cone was f~er advised ~at ~t is ~e ho~ ~d desire of each of ~ese gove~nks ~at ~e V~rginia legislat~e at ~ts meeting ~n 1974 w~ll ~nd ~e legislation to provide ~at e~er the B~ or Sou~e~ St~dard Building C~es'~ght be utilized, that should this oc~ ~t would be ~e [nt~tion of the ~ree gover~nts to retain the ~u~ern S~ndard Building C~e which we pres~tly o~rate ~der, that should ~t not occ~ al1 ~e valley gove~ents ~uld ch~ge to ~e B~ Code effective Sept~er 1, 1974. ~. ~s moved ~at ~e re~rt be received ~d filed. The ~t[on was seconded by ~. Trout ~d ~an~usly adopted. CI~ ~GER-CO~CXL~ The City ~ager s~tted a written requesting ~at Co~cil meet wi~ h~ ~n executive session at ~e end of ~e Cocci1 meeting to discuss a real estate ~tter. ~. Lisk moved ~at Co~c~l conc~ in ~e request of ~e City ~ager for ~ ~ecutive session. ~e ~tion was seconded by ~. Trout and adopted by ~e foll~ng vote= A~S: Hessrs. G~land, H~d, ~sk, Taylor, Th~s, Trout ~d ~yor Webber ..............................7. ~YS= N~e ..................... S~ OF PROPER~-S~ ~ S~ D~INS= The ~sistant City Atto~ey ~itted a ~itt~ re~rt advising ~at fur~er action has been t~en ~n resolving ~e ~tter of relocating ~ndivid~ls residing wi~in area needed for ~e c[ty~ Sewage Trea~t Pl~t ~sion, that t~ additional cla~, (l) a business relocation a~ce ~d (2} a relocation housing all~ce, ~ as provided by-Title 25, Chapter 6, of ~e 1950 Code of Virgin~a, as ~ded, ~d bo~ for ~e b~efit of Clyde H. Welch and M. ~elch, have be~ received by ~e City Atto~ey*s Off~ce, ~at these two cla~ ~ a to,al ~t not to exceed $23,720.00 appear ~o meet ~e requ[re- m~ts of ~e s~tute ~ve noted and tr~itt~ng Ordln~ces au~orizing ~e ~t of ~ese cla~. ~. ~$ moved ~a~ Co~cil conc~ in ~e re~rt of ~e ~slst~t City Atto~ey ~d offered ~e foiling ~rgen~ Ordinate $24,000.00 to Sewage ~ea~t Pl~t ~p~sion ~der Section ~550, =Sewage ~ea~t Capital I~rov~ents F~,= of ~e 1973-74 Sewage Trea~ent F~d Approprla~on Ord~ce: (J21188) J~q ORDIHA~CB to anand and Eeordain Section J550, "Sewage Treatment Capital Improvements Fund," of the 1973-74 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For ful! text of Ordinance, see Ordinance Book No. 38, Page 476.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Lick and adopted by the following vets: AYES z Messrs. Garland, Hubard, Liak, Taylorw Thomas~ Trout and Mayor Webber ............................ 7. NAYS: None .................... 0. Mr. Lisk then offered the following emergency Ordinance providing for relocation assistance payments to certain owners and/or tenants displaced by reason of the acquisition of property for expansion of the city's Sewage Treatment Plant upon certain terms and conditions: (~21189} AN ORDINANCE providing for relocation assistance pay- ments to certain owners and/or tenants displaced by reasons of the acquisition of property for expansion of the city*s Sewage Treatment Plant upon certain terms and condltions~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 38, Page 476.) Mr. hisk moved the adoption of the Ordinance. The motion was seconded by ~. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS: None ...................... 0. Dr. Taylor offered the followlng emergency Ordinance providing for relocation ~sslstance payments to certain owners and/or tenants dlsplaced by reason of the acquisition of property for expansion of the city's Sewage Treatment Plant= (J21190) AN ORDINANC~ providing for relocation assistance payments to certa//~ owners and/or ten~_nts displaced by reason of the acqUisition of property for expansion Of the clty~s Sewage Treatment Plant, upon certain terms and conditions~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 477.) Dr. Taylor~ved the adoption Of the Ordinance, The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, L~sk, Taylor, Thomas, Trout and Mayor Webber ................................ 7. NAYS: None .......................0. REPORTS OF CO~TTEES: CITY ENGINEER: Councll having referred to a committee for tabula- tion, report and recor~endation the bids received for rough grading of the site for the Ptlblic Works SerVice Center, the Co~ttee submitted a written ~249 ',250 report rec~ad~ng, that fha proposal Of Double H Trucking Corporation, in the a~ount of $10~488,00, be accepted. Mr. Lisk moved that Council concur in the recor~endation of the committee and offered'the following emergency Ordinance: (~21191) AN ORDINANCE providing.fo~ the rough grading of the site for the city's Public Works Service Center, upon certain terms and conditions! accepting a bid made to the city for performing said work and making award of a contract therefcr~ re~ecting other bids made to the city for the aforesaid tmprovementl and providing for an emergency. (For full text o~ Ordinance, see Ordinance Hook No. 39, Page 478.} Mr. Llsk moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYESI Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ 7. NAYS: None .......................0. UN~INIStLED BUSINESS: ZONING: Council having previously deferred action On the following report of the City Planning Con~ission in con~ection with the request cf Mr. John V. Flagg that property located on the southerly side of the 1300 block of Patterson Avenue, S. W., beginning with house number 1310 - 1312 and extending to 14th Street, S. W., described as Lots 3 - 8, inclusive, Block 11, West End & River View, Official Tax Nos. 1213401 - 1213405, inclusive, be rezoned from RG-2, General Residential District, to C-2, General Commercial District, the Planning Commission reco~unanding that the request be denied, the mahter was again before the body: 'October 18, 1973 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 both its regular meetings of October 3, 1973, and October 17, 1973. Hr. John V. Flagg, 1310-12 Patterson Avenue, S. W., appeared before the Planning Cn-~nt~sion on October 3, 1973, and noted ~hat the petitioners would llke to have their properties rezoned to a conunercial designation and that he planned to open a camper sales business establishment Or an office building on his two speci- fic lots. Some of the other property o~ners were not, however, certain as to what specific connnercial use they wished to put their land. Hr. Lichtanstein, attorney for the petitioner~ appeared before the Planning Commission and presented them with a signed petition of those residents 1lying in this general area who are not opposed to this section of Patterson Avenue being rezoned;to a C-2 district. He stated thatno new residential dwellings have been built on lots in this general area in over 30 years. He noted that there are no school problems, drainage or sewer problems in this area and that a great deal more taxes would be generated from this designation that the City Is receiving from the present designation. ,! On October 17, 1973, 1~'.-Llchteneteint attorney for ~e ~loner~ ap~ared ~fo~e ~e Pl~g C~solon ~d s~ed ~a~ ~e flm~ Inves~ek~ Inc. ~ had been ~ c~vas ~e area ~d pres~ed ~e Pl~g C~ssion ~l~ a letter no~ng ~a~ ~e pro~rtles In ~ls area were g~erally ~g houses wi~ ~ ~casional apa~nt s~ct~e. ~ait~ally, he note~ ~t s~ of ~e are r~ted on a ~n~ly basis, s~ o~ ~e ~ers live in ~e~r pro~rt~es~ wh~le o~ers r~t ~e~r propertAes ~tirely. ~so~ ~. Llcht~ste~n note~ ~at to his ~owle~ge, ~ere was no o~sit~on to ~ls rezoning ~ ~at a tl~ haa be~ f~le~ ~n fair of ~e rezon~ng by residents of ~e area, ~ ~at ~8 area has'ha~ no new resident~a~ ~elllngs built ~ere for ~y years. ~. Llchtenste~n note~ ~at one of ~e ~titioners~ ~. Flaggf ~nt~aed to use h~s pro~rty for a c~ercial use now~ an~ that he ~s to~ d~ ~e of ~e ~ellings on his pro~rty already ~ plus to tear d~ ~e o~er one because he coul~ not successfully r~t ~e ho~s out for resl~ces an~ keep up the repairs on ~. He f~er noted ~at ~e r~ln~ng petitioners ha~ no specific use ~n ~nd but ~at ~ey t ~ ~de o~fe=s for ~e purchase o~ ~eir property had ~ z~ea c~rcial. S~ of ~e C~ss~on m~ers rais~ s~ co~ents ~ ~ls pet~tion. ~. ~ce state~ ~at ~s entire bl~k ~s def~nitely res~dential ~ aske~ why ~e pet~tioners w~te~ to ch~ge ~ ~t~re residential block · o c~erc~al. ~. Flagg state~ ~at ~e pro~rty ~s going d~hil~ ~ ~at renters tear up ~e property faster ~ ~e ~ers c~ f~x ~e h~s up. Bra~shaw state~ ~at ~is ch~ge ~n zoning, he fe~t, ~uld only hasten ~e deterioration of ~s area, an~ ~at he not~ced no ~ifo~ ~ve to develop ~s area ~nto c~erc~al. ~. L~chtenste~n state~ ~at he not feel ~at a C-1 d~str~ct would hast~ deter~oratlon, rather a c~rcial property cont~ous to a res~dentlal one ~ul~ ~ncrease ~e value of ~e pro~rty of ~e a~jo~n~ng property ~ers. The Plying Director noted ~at ~e area west of 13~ S~eet ~s g~erally res~d~t~al ~n nat~e ~d ~at rezon~ng th~s parcel to a c~erc~al ~es~atlon ~ul~ not constitute ~e best use for ~is parcel of l~d. ~t~onally, ~t was ~te~ out ~at ~e general area ~s already overzonea ~n te~ of c~erc~al designation, noting ~at ~y parcels o~ 1~ east of 13th Street, al~ough zonea for co~erc~alf are not being ut~l~ze~ for ~at p~se. . ~e C~ssion m~ers generally conc~red ~at a c~erc~al ~es~at~on for ~s parcel of lan~ d~d not constitute a v~able use for ~s Accord~gly, ~t~on was ~de, ~uly seconde~ ~ approved ~usly reco~ng to City ~at ~is re,est be den~ed. S~ncerely, S/ H~ B. Boston by ~ Hen~ B. ~ton In ~s co~ect~on, ~. Bar~ N. Licht~ste~nr Atto~ey, repre- senting ~e petitioner, appeare~ before Co~ci~ ~ adv~se~ ~at s~nce Co~c~l has approved~ on ~ts f~rst rea~ng, ~e request of ~. ~onard F. ~gl~n to property at 1306 Patterson Argue to ~-2, h~s cl~t ~oes not have a proper rezon~ng r~est s~nce he does not meet ~e ~o acre ~n~ re~r~ent and verbally re~este~ ~at ~e petition for rezon~ng be wi~ra~. ~. H~ar~ ~ve~ ~at Co~c~l ~nc~ ~n ~e verbal request that petition for rezon~ng ~ wi~dra~. ~e ~t~on was seconded by ~us ly a~opted. 251 I 252 CONSIDERATION OF CLAIMS t NON~. INTRODUCTION ~ CONSIDERATION OF ORDZIO~C~S ~D P~SOL~TIONS~ INDUSTRIESt Mr. Thomas offered the following Resolution appointing trial Develo~nent Authority of the City of Rea~oke, Virginia: (%21192} A P. ESOL~TION appointing two (2} directors of the Industrial Development Authority of the City of Roanoke, Virginia, to fill four-year terms of office on its Board of directors. (For full text of Resol~tion, see Resolution Book No. 38~ Page 480.) Mr. Thomas moved the ad0ptlon of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Messrs. Garland, Hubard, Llsk, TayloF, Thomas, Trout and Mayor Webber ............................ ?. NAYS: None ...................0 MOTIONS AND MISCELLANEOUS BUSINESS: FLOODS-HUI~ICARES-SEWERS AND STOP~! DIt~INS: Mr. W. G. Creasy appeared before Council and presented a petition sig~ed by 163 property owners rec/~estlng that Council take lnmlediate action to remedy the high water that floods the basement of the Airlee Court Baptist Church each ti~e there is a flesh flood. Approxi~ately 40 persons were in attendance at the Council meeting in connection with the matter. Mr. Thomas moved that the ~atter be referred to the City Maneger for investigation, report and recon~endation to Council by the regular meeting of Council on Monday, November 12, 1973, if at all possible. The motion was seconded by Mr. Trout and unanimously adopted. PLANNING-CITY EMPLOYEES: Mr. Lisk presented 9 communication' requesting that Council meet with the City Ha~ager, the Planning Director a~d a representative Of the City of Roanoke Redevelopment and Housing Authority at least OnCe each month to develop short and long term planning for the City of Roanoke. After a discussion of the request, Hr. Hubard moved that the matter be referred to the co--tree studying the operations of Council, the City Attorl~ey a~d the City Clerk for study, report and recommendation to Council° The motion was seconded by Mr. r.isk and unanin~usly adopted. HOUSING-SL~M CLEARANCE= Mr. Llsk l~reseuted a conn~unication requesting Council's concurrence in the matter of instructing the City of P~anoke Redevelopment an~ Housing Authority to make a feasibility study in reference to expanding the boundaries of the Gainsboro Project from the existing Boundary to include the area between Gainsboro and the Downtown East area, as well as extending the Boundary west from 5th Street to 8th Street, N. W., advising ~hat additional ~onies can be acquired for the pro- Ject so no existing Gainsboro monies will have to be used in order to accomplish this expansion. H~. R. H. Henley, Executive Director, City of ~oanoke Redevelop- ment and Housing Authorltym appeared before Council and advised that any expansion must be approved by the Housing Authority and Council and that the application for financing must then be approved by the federal govern- ment. Mr. Llsk moved that Council concur his ccaanunication for said feasibility study. The motion was seconded by Mr. Garland and unanimously adopted. REGIONAL JAIL= Mr. Hubard ~oved that Council meet in executive session with the City Attorney with regard to a matter of interpretation Of the Roanoke Valley Corrections Facility Agreement and that the Resolution on Council's agenda pertaining to the ~ail facilities be deferred until the next regular meeting Of CoUncil on Monday, November 5~ 1973. The ~otlon was seconded by Mr. Lisk a~d adopted by the followlng vote: AYES: Messrs. Httbard, Lisk, Taylor and Hayor Webber ...... t-4. NAYS: Messrs. Garland, Thomas and Trout .................... 3. J0~-ENILE HOME: Hayor Webber called to the attention of Council that there ia a vacancy on the Juvenile Detention Facilities Study Committee created by the resignation of Hr. John J. Bea11, Jr., and called for nominations to fill the vacancy. Dr. Taylor placed in nomination the name of Mrs. A. B. Camper, Jr. There being no further nominations, Hrs. A. B. Camper, Jr., was elected as a member of the Juvenile Detention Facilitles Study Committee to fill the vacancy created by the resignation of Mr. John J. Beall, Jr., by the following vote: FOR MRS. CAMPER: Messrs. Garland, Hubard, Lisk, Taylor, Thomas~ Trout and Mayor Webber .................................................. 7. FIRE DEPA/~TMENT- Mayor Webber called to the attention of Council that there is a vacancy on the Board of Fire Appeals created by the death of Mr. Thomas W. Urquhart for a four year term ending JUne 30, 1976, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Mr. A. K. Hughson. There being no further nominations, }ir. A. K. Bughson was elected aa a member of the Board of Fire Appeals for a ter~ of four years ending June 30, 1976, by the followlng vote: FOR MR. HUGHSON: Messrs. Garland, Hubard, Ltsk, Taylor, Thomas, Trout ~nd Mayor Webber ........................ ?. 253. 25' t pAIt~S AND PLAYGROU~DSI Hayor Webber 'called ~o ~e 'a~en~lon o~ ~cll ~at ~ere are ~ vacuoles on ~ee due ~ ~e ~esigna~l~a o~ Hess~s..c.E. Pond.and H. A. Fisher for te~ of one year each ending ~uly 1~ 1974~ ~d call~ for no~nations to fill ~e vac~cies. ~. ~sk placed ~n n~tnation ~e n~s of ~ssrs. Jull~ I, Sacks ~d ~uis H. Newton. ~ere ~lng no f~er n~nations, Hessrs. ~ull~ I. Sacks ~se~ Co~t2ee for 2e~ of one year each ending ~uly 1, 1974~ by the following voter FOR ~SS~. ~S ~D N~ Hess~s. Garland, H~ard, L~sk, Taylor, ~, Trou~ ~d ~yor W~be~ ....... 7. ~SE~ ~yor W~ber called to ~e att~tion o~ Co~c~l that one year each ~ding July ~. Lisk placed in no. nation ~e n~es o~ ~s. Jo~ M. Chaney There berg no Co~ssion for te~ o~ one ye~ each ~ding July 1~ 1974, by ~e following SMOg= ~yor Webber callefl to ~e att~ion of Cocci1 that ~c~er 31, 19~5. 31, 1976. ~d U. A. Hoal were electe~ as m~ers of ~e Mviso~ ~ Appeal Board, ~r Pollution ConSol, for t~ ~d~g De=~er 31~ 1975~ an~ ~c~er 3~, 19~6, respectively, by the fo11~ing vote: 255- FOR MESSRS. HANCOCK AND HOALs Messrs. Garland, Hubard, Llakt Ta¥1ort Thomas, Trout and Mayor Webber .................. 7. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST ~ ~ ~_ Deputy C~ty Clerk Mayor COUNCIL, REGULAR N~TING, Monday, November 5w 1973. ~he council of the City of Roanoke~et ~n reqular meeting in the Council Chamber in the Huniclpal Building, Honday, November 3, 1973, at 2 the regular meeting hour, wlth Hayor Roy L. Webber presiding. pRESENT= Councilmen Robert A. Garlandw William S. Hubard~ David K. Lisk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber .............................. ?. ABSENT= None .............0. OFFICER~ PRESENT= Mr. Byron E. Haner, City Manager~ Mr. Sam H. McGhee, III, Assistant City Managerl Mr. Ja-ues N. Kincanon, City Attorneyl Mr. H. Ben Jones, Jr., Assistant City Attorney~ and Mr. A. N. Gibson, City Auditor. INVOCATION= The meeting was o~ened with a prayer by the Reverend Hubert A. White, Pastor, Highland Park United Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday~ October 29, 1973, having been furnished each me_mber of Council, on motion of Mr. Trout, seconded by Mr. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON pUBLIC MATTERS~ MUNICIPAL BUILDING~ Pursuant to notice of advertisement for bids for custom furnishings, carpeting and movable furniture for the former Reid and Cutsha11 Building, said proposals to be received by the City Clerk until 2 p.m., lqonday, October 29, 1973, and to be opened at that hotlr before Council, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative presen~ raising any question, the Mayor instructed the ~eputy City Clerk to proceed with the opening of the bids~ whereupon, the s Deputy City Clerk Opened and read the following bids: Name Division I Division 2 Division 3 Camp~s Carpets - $2,679.50 The Carpet Shop - 2,88?.50 Cal~well-Sites Co. - $4,377.88 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 motion was seconded by Mr. Trout and unant_~ously adopted. Mayor Webber appointed Messrs. Byron E. Haner, Chairman, Sam H. McGhee, III, and B. B. Thompson as members of the committee. COAL AND FUEL OIL: Mr. Minor H. Hawley, Fuel end Petroleum Resource Coordinator~ Office of the Secretary of Co-~erce and Resources~ Richmond, Virginia. appeared before Council and spoke in connection with the anergy crisis, advising that mally people today fear that the e/~ergy crisis will eventually doom that history does not support these fears because when an energ~ crisis occurred in the past, society found alternative Ix~er sources, that in 1971 the American people consumed the equivalent'of 2m677 gallons of gasoline per person, that it is estimated that by 1980 our total energ~ consv~ption will increase by forty per cent 0£ vhat it ia today, that transportation uses twenty-five per cunt of Uo S. energy and ninety-nine per cent of it is petroleum based, that we have ninety-eight million ca~s consuming seventy-five blllon gallons of gasoline traveling more than-one thousend billion miles each year, pointing out that we have built a society on the obsolete premise that energy resourses are cheap and in abundant supply, that this winter it is forcasted that the United States will have to in,port approximately 600,000 barrels per day of distillates which represents nearly a fifty per ~ent increase over a year ago, that the State of Virginia has purchased and stored twelve million gallons of No. 2 fuel oil and kerosene which will be used to relieve hardship cases, that each local govermment needs tom ake a survey of oil dealers within their political subdivisions end request them to cooperate with the program, advising of an energy conservation packet which will be available within the next ten days and pointing out that with the planning end ingenuity of the American people we can once again be a world leader in the production of energy and sale of surpl~ to the rest of the world. PETITIONS AND COMMUNICATIONS: HOUSING-SLUM CLEARANCE: Mr. R. R. Henley, Execu2ive Director, City of Roanoke Redevelopment end Housing Authority, appeared before Council and presented a connuunication in connection with an Amendment to theUniform Relocation Assistant and Real Property A~guisition Policies Act of 1970, designated as HR-5020, the purpose of the Hill being to restore full federal grant payments for all reloca- tion payments to families, individuals and businesses displaced under Urban Renewal activity, transmitting copy Of Resolution No. 1024 adopted by the Commissioners of the City of Roanoke Redevelopment and Housing Authority on October 22, 1973, going on record as being in favor of the passage of Bill HR-5020 which is now being considered by the House Public Works Committee of Congress. }ir. Tho~uas ~oved that the ~tter be referred to the City Attorney for preparation of the proper measure in support of HR Hill 5020. The motion was seconded by Mr. Lisk and unanimously adopted. SCHOOLS: A connnunicatlon from the Roanoke City School Board supporting the request of the Forest Park Elementary School PTA for another school cross- ing guard, was before Council. ' Mr. Garland moved that the matter be referred to the City Manager for study, report and recomendation to Council. The motion was seconded by Dr. Taylor and unanimously adopted. 257 SPECIA~ PEI~ITS-ZO~INGI A co~nunication from ~. ~d ~s. ~. ~y ~olds r~est~g pe~ssl~ to o~rate a gift shop ~n ~eir h~ located at 3739 ~lll ~v~ue~ N. ~., ~d tr~tt~g c~lcations fr~ pzo~zt~ ~ ~lll ~v~ue, S~rise ~venue ~d Clarendon Street~ S. W., advieing ~at ~e~ have no op~sition to ~e ~est of ~. ~d ~s.' Re~nolds~ ~as before ~. H~d ~ved' ~at ~e ~tte~ be ze~erzed to ~e Clt~ ~nager. for stud~, ~e~t ~d ~ec~dation to ~cll. The ~tion ~as second~ b~ ~. Llsk ~d ~usl~ adopted. ' Zn a dlsc~ston of ~e ~tter~ ~. H~ard ~tnted out ~at rec~tly Co~c~l has received several re~ests of this naive and that It would be help- ful to ~e m~rs o~ ~c~1 ~f ~e City ~ager ~uld ~n~tiate s~e type of fo~ whereby ~ese re~ests, could ~ ~s~tted to ~e S~-BUS~ A c~lcat~on from ~ss Be~ Jenkins~ ~a~, VI~ Safety Co~c[l, ~n co~ect~on w~ s~l bus safe~y ~d recording ~at caution lights be placed at five dangerous locations throughout ~e City of ~oke, n~ly, Or,ge Ave~e between Interstate 5~I and 9th Street~ ~n~ Street at Or,ua Argue and W~lli~on Road~ Hollins ~a~ at ~berty ~ad ~d Creative Packag~g~ M~or~al Avenue at ~e V~rginia Heights School ~d Garden ~ar~ts; ~d Cove Road at Hers~erger Road ~d ~fayette ~ulevard~ was before Co~c~l. ~. T~ut ~v~t ~e c~ication be referred to ~e ~oke City. Sch~l ~ard ~d to.~e Cit~ ~ager' fo~ studyz r=~rt ~d recordation to Co~c~l. T~ ~on ~s seconded by ~. ~s .~d ~usly adopted. ~SC~OUS= A co~[ca~on fr~ Dr. A~e~ T. Repass advising ~at not ~ough ~s berg done for ~e children ~d aged In ~e C[ty of Ro~oke ~d suggest~g ~ ways wherry ~re could be done for th~, n~ely, a Ro~oke Co~ty ~stle F~d in order to const~ct a ~oke Co~ty Castle in ~e W~ndsor Hills sec~on to care for childr~ who ~y be le[t by their parent~ wh~le shopping or vis,ting and a ~oke Ger~-~s~on Corey F~d to be utilized by age~ ~d to ~ cons~cted ~n ~e ~oke-Sal~ Plaza, was before ~- Th~s moved ~at ~e c~[cat~on be received ~d f[le~. ~e ~t~on ~s seconded by ~. Trout ~d ~usly adopted. CI~ J~L: A c~[cat~on fr~ ~. Jo~ H. ~ne~ ~ager Dealer Sales~ ~stern Region, Tel~tion~ Inco~rated, ~n conneut~on w[~ ~e b~ds which were received by ~e uity' for ~e Seu~ity Su~e[ll~ce Syst~ for ~e ~tent[on C~ter~ 'advising ~at-~e HarSh & Sons, has be~ a Telethon, Incor- ~rated, Au~or~zed ~aler' for several years ~d ~at ~ey bid Telethon c~eras ~d con~ol ~i~t in ~e[r bid res~ns~ for said su~eill~ce e~[pm~t, ~t- ~g out ~hat ~e b~d as s~tted by ~torola, Inco~ra~ed, d~d not meet specifica- tions ~d ~at ~e bid should be rejected and ~e project readvert~se~ for b~ds, was before Cocci1. Hr. Lee Hat,manw Jr.w represent~tng Lee Nartman and Sons~ appeared before Council and advised that his campany has no desire to pursue the matter Hr. Thomas laoved that the communication be recoived and filed. The motion was seconded by Hr. Trout and unanfu~ously adopted. L~CENSES-DOGSz A com~m~lcation from Hr. L. A. Duncan with reference to & 1973 dog tag which was purchased by his wife on October 29~ 1973, advising that upon inspection of the receipt for same he discovered that the tag wi1! expire on December 31, 1973, and advising that he is of the opinion that the 1973 license should be declared void and he should be allowed to purchase the 1974 Hr. B~lbard ~oYed that the co~amunication be received and filed. The motion was seconded by Hr. Lisk end unanimously adopted. Zncorporated, requesting that those unopened portions of Twen~ieth S~reet, S. W., and Nineteenth Street, S. W., beth extending in a southerly direction Hr. Thomas offered the following Resolution appointing viewers connection with vacating, discontinuing and closing the street and alley: (~21193) A ~ESOLUT~ON provid£ng for the appointment of five free- Street, S. W., and Nineteenth Street, S. W., both extending in a southerly ing in a westerly direction from the aforesaid portion of Nineteenth Street, all of which are more specifically described below. (For full text of Resolution, see Resolution Book No. 38, Page 484.) Mr. Thomas moved the adoption of the R~solution. The motion was seconded by Hr. Trout end adopted by the follow~g vote: Mayor Webber ................................. NAYS: None ........................0. Dr. Taylor then moved that the application be referred to the City was seconded by Hr. Ltsk and t~nan~&nously adopted. ~259 I~PORTS OF OFFI~$ ~- BUDgeT-CITY EN~II~ER-CIT~ ~Y~S~ ~e C~t~ ~ager "~ov~e~ 5~ 1973 Honor~le ~o~ ~d City Co~c~l ~lng ~e past'~ ~n~s, the Director of P~llc Works ~d his s~ff ~ve ~ ln~lved in ~e detailed pl~lng to lns~e ~ orflerly tr~sfer of ~e res~nsiblllties ~d duties ~ fr~ ~d to ~ De~r~t of P~lic Works as rec~end~ In ~e various ~ag~nt study re~rts prepared by Albert ~n~ ~d Ass~lates and as recorded by Vosbeck~ Vosbeck~ Kendrick ~d ~dinger In ~eir ~ster Pi~ for ~e P~ll= Works Service C~ter. ~ ~e detailed plus e~lv~ it bec~ apparent ~at ~uld be desir~le to ~e several ~nor ~ges to ~e P~lic Works org~lza~onal st~ct~e as rec~n~e~ by ~aA and that s~ ~diate ch~ges in ~e a~nistrative and dispatching o~rations wi~ln ~e ~par~nt of P~llc Works, as n~ prac- tice~ should be ~l~nted. The co~ation of ~ese changes ~uld result ~ additional long rem cost benefits to the City wi~ ~late benefits resulting In o~rating efficiencies ~a se~ice to ~e Org~izational S~ct~e ~ rec~nded by ~tA, ~e f~ction of all City gro~ds ~lnt~ce~ including litter collection~ grass ~wlng, tree ~f~ing ~d a~etic ev~t ~rk~gs~ was placed ~der ~e ~ger of auild~gs ~d Gro~ds. ~ ~ ~ception, ~oggh, ,~. gro~ds ~t~'oi~s~eet:r~hts of'way ~olu~g ~tre~t-~eepi~g, grass ~, litt~ ~ilectiong' ~d-r!ght-of'wa~ ~learing ~s placed ~d~ ~-~ag~ of' S~e~ ~aL~t~ce. ~ fur~er evaluation' o~ ~Se 'f~ctions ~dicates ~at it ~uld be better ~ have all of ~e g~fl ~int~ce f~=tions t~e~er, ra~er ~ split between ~e ~ ~nagers. ~er evaluation reveals ~at to put ~e entire gro~ds ~t~ce f~ction ~der eider ~ ~ager of Buildings ~d Gro~fls or ~e ~ager of Street ~int~ce ~uld tend to overb~d~ eider ~ager. It is, ~erefore~ recorded ~at ~e entire gro~ds ~in- t~ce f~ctlon be split out fr~ ~e ~ager of Buildings Gro~ds ~d from ~e ~ager of Street ~inten~ce and be placed ~er a new ~ager, ~e ~ager of Gro~ds ~inten~ce. ~ager of BulldOgs ~ G~ds would become ~ust the ~nager of Buildlngs Wi~ ~e res~nsibility of gro~ds ~int~ce r~ved fr~ ~e ~ager of S~ee~ ~int~ce, it is receded ~at to~l res~nsibilities of ~e ~ager of Traffic ~d C~ica- ~ons be shifted to ~e ~ager of S~eets ~int~ce and ~at ~e ~sition of ~ager of ~affic ~d Co~icatlons be deleted. If ~e ~ve rec~datlons ar~ approved~ ~ere ~uld still ' be only five'~agers ~der ~e Director of P~lic Works: ~ager, ~rlzed V~icle ~int~ce~ ~ager, utility Line Construction ~d ~t~ce~ ~ager, S~eet ~ten~ce~ ~ager, Buildings ~int~ce~ ~fl ~ager, Gro~ds ~int~ce. S~]ect to City ~cil~s approval of ~e ~ve recorda- tions, City Co~cil~s conc~r~ce ~ ~ ap~t of ~ ~e ~sition of ~ager of S~eet ~t~ce in sala~ Grade 27, Step 5, ~ ~e ap~in~nt of ~. J~y B. ~ to ~e ~sitlon o~ ~ager of Gro~s ~int~ce in sala~ Grade 24~ Step 3, is rec~defl ~d re.ester, such ap~in~ents to be ~ffectlve Nov~er 8, 19~3. Sufficient f~s are available wi~in ~e P~li= Works Depar~t Accosts to car~ out ~ese rec~de~ ch~ges. The operation of the new Public Works Service Center envi- si=ns a general' office as a part of the facility in which the various public works-managers plus the Manager of Refuse Collec- tio~ and an individual assigned by the Haterials Control for operation of the warehouse will be housed together with clerical support and dispatching personnel. The current public works operation does not bear the slightest resemblance to this desired operational'mode. If this desired operational mode is not started until the'Public Works Service Center is completedu so~e 14 to 18 l~onthe'from new~ it will take at least another 6 months time to train' the personnel and to work any bugs out of the system. It is desirable to start this operational mode as soon as possible in order that the systems can be worked out and tn operation prior to occupying the new Service Center. A review has been made of existing City public works faci- lities to determine whether Or not some space modifications could be made now to acconsaodate this desired operational mode. It has been determined that the Salem Avenue Building, now housing the street maintenance operations, can be adapted for the desired purpose. If approved, the five Public Works Managers, together with their clerks and dispatchers, would all be housed on Salem Avenue. The Salem Avenue office would have a dispatcher on duty 24 hours a day, ? days a weak, to take all ca11~ to any public works opera- tion, functioning in a manner similar to the existing control center for Police, fire, and rescue services. The existing con- fusion of who to call for each different public works service would be eliminated. This will allow for: (1) the immediate pooling of many separate dispatching, clerical and ~standby~ functions being performed now in the separate public works faci- lity locations~ (2) a prototype warehouse operation to be started in space within the existing building maintenance facilityl (3) all grounds maintenance personnel to be combined and allowed to operate out of the Highland Park facility~ {4) parking of all street sweeping equipment at the garage~ (5) transfer of Parks and Recreation Department personnel performing building mainte- nance to the buildlng maintenance facllityl (6) combination o? all ~all e~gi~la repair witi~il~ tl,e existing small engine repair space at the garagel (?) combination Of all Welding operations within the garageI and (8) combination of all street maintenance operations at the southside lot on Underhlll Avenue. The changes required to be made to the Salem Avenue faci- lity to accc~vnodate this operation will cost no more than $10,000. By acco~pltshing this change, there will be an immediate monthly savings of $50.30 on telephone charges, alone, plus the benefits of pooled clerks and dispatchers, the consolidation Of similar work fu~ctlons at single locations, the benefit Of instituting this operational mode now, as opposed to instituting it some two years from now, and the benefit to the citizen who could call one location for all public works services. Due to persoune! attrition and implementation o£ some of the reco~enendations in the management report, sufficient fonds are available within the Publlc Works budget to cover the costs of providing this space. It is recon~ended that funds for providing this space be transferred to a capital account as follows = From Streets, Accoont 58, Object Code 101 $ 4,000 From Traffic, Account 5?, Object Cede 101 4,000 From Garage, Account 71, Object Cede 101 2,000 Total $10,000 It is believed that approval of the recommendations itemized within beth the section end organizational structure and the section on operations will result in immediate benefits to the City. Respectfully submitted, S/ Byron E. Haner, Ci~f Manager' 261 - ~r. Garland ~oved that Council concu~ in the report of the City Hanager a~d offered the following emergency Ordinance ~ransferring $4,000°00 from personal Services under Section %57~ 'l~affic ~ngineering and Cc~aunicao %ions,' $4,000°00 f~c~ personal Services under Section %59, 'Street Construction and Repair,' and $2,000.00 from persona! Services under Section #71, 'Garage,' to Garage Renovation under Secbion %89, 'Transfers to Capital Improvements Fund,' of the 1973-74 budget:' (%21194) AN OI~DI~CE to ~end and reordain certain sections of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full bext of Ordinance, see Ordinance Book No. 38, Page 485.) Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Rubarcl and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayer Webber .................. ~ ........ 7. NAYS: None ..............~ .... 0. BUDGET-POLICE DEPARTMENT: The City Manager submitted a written report recon~nending that $1,000.00 be reappropriated to Investigations, Studies and Rewards under Section %45, 'Police Department,' of the 1973-74 budget, to provide funds in connection with travel expenses incurred in returning to the City of Reanoke a fugitive whu was arrested in San Josew California, said $1,000.00 having been re~nbursed by the state. Dr. Taylor moved that Coencil concur in the rece~sndation of the City Hanager and offered the following e~ergency 0rd~nance appropriating $1,000.00 to Investigations, Studies and Rewards un4er Section %45, of the 1973-74 budget: (%21195} AN 0~DINANCE to amend end reordain Section %45, 'Police,' of the 1973-74 Appropriation 0rd~nance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 486.) Dr. Taylor move~ the adoption of the Ord£nance. The motion was seconded by Hr. Trout end adopted by the following vote: AYES: Messrs. Garlend~ Hubar~, Lisk, Taylorw Thomas, Trout and Mayor Webber ............................. 7. NAYS: None ....................0. BUDGET-D~-PARTHENT OF PUBI~C ~TELFARE: The City Manager suhm/tte~ the following report in connection with public assistance overpayments, teen--end- ing that $860.90 be appropriated to the Public Assistance acco~t ~n order for the city to repay the state for the a~ount of overpayments: 'November 5, 1973 Honorable Mayor and City Council Roanoke, Virginia Gentlemen: The State Department Of Welfare an~ Institutions is conducting an ongoing Yalldat~on review of public assistance payments made by the City. Of those cases reviewed, it has been determined that the City has made overpayments in tan instances amounting to a total overpalment of $860,90, ,be °ve~ts fan into ~ foli~ing t~ catego,l", t. An initial plyment made Ill ~ an indi*i~u~l vho does not meet all eligibility requir-m-nta in the category greater than the amount to which the recipient is en- titled under established polic~ (overpayment} B. A payment made to an ineligible individual or an over- payment made (I} more than 30 days after the agency learns of a change in circumstances affecting eligibility or the amount Of payments! Or (2) more than 45 days after such change vhen the recipient has failed to notify the agency of the change vithin the required 15 days. There follows a listing of the ten overpayments, the reason for the overpayment, and the amount of the overpayment. (1) Laundzy allovance allo~ed when not needed, In the amount of $10.00 per month, for April, Hay, June~ July, August and September -- $ 60.00 Failed to deduct earnings; failed to count correct amount for standard basic allowance; alloyed item not needed in the amount of $15.65 per month for April, Hay, June, July, August and September-- $ 93.90 Agency failed to pro-rate shelter between assistance units, in the amount of $12.00 per month for April, Hay, J~ne, July and August -- $160.00 (4) Incorrect aritknnetical cc~mputation of budget, in the amount of $10.00 per month, for the months of April, Hay, June, July, Auqust and September -- $ 60.09 (5) Agency failed to follow proper policy related to shelter, in the amount of $13.50 pot month, for April, May, June, July. Auqust and Sept- ember-- $ 81.00 (6) Agency falle~ to verify income from railroad retirement and agency failed to explore income from other pension sources, in the amount of $34.50 per month for April, Hay, June, July, August and September -- $207.00 (?) Agency failed to use correct standard basic allowance; in the amount of $7.00 per month for April and Hay -- $ 14.00 (8) Agency used incorrect figures for FICA taxes in the amount of $10.00 per ~onth, for July and August -- $ 20.00 (9) Agency included incorrect a~ount for transporta- tion expenses in the amoth~t of $1.00 per month for April, May, June, July and August -- $ 5.00 (10) Ineligible persons included in assistance plan in the amount of $32.00 per month, for April, Hay, June, July and August -- $160.00 Grand Total $860.90 The Virginia General Assembly has enacted legislation requiring that the amottnt of overpayment be refunded to the State and the Attorney General has issued an opinion that the overpay- ment be refunded to the State regardless of whether the payment was made through agency error or as a result of the reciplent's failure to provide proper information to the agency. If the error has been the result of the reclplent's willful withholding of information or giving false information about in- come and resources, the local agency may recoup the amount of the overpayment from the assistance payment, if, and only if, the recipient-has disregarded income or cash liquidable assets. Under current federal regulations recoul~nent from the grant can be made under no other circumstances. 263 Nons of ~hs ove~a~monts ~ade fall into ~he above catego~ ~nich ~uld all~ recov~ of ~e ove~a~. I~ Is ~ec~de~ ~a~ ~e ~ of ~860.90 be appropriated Res~ctfull~ s~tted, S/ Byr~ E.' Byr~ E. ~ C~ty ~ager~ ~. Garl~ ~vea ~at Co~c~l =onc~ ~n ~e re~en~at~on o~ the C~ty ~ager ~ Offered ~e fol~ing ~erg~cy Or~n~ce appropriating $86~.90 to Ref~s ~ ~ebates ~er Section %3~, ~P~l~c Assistance,~ o~ ~e 19~3-~4 budget ~ (~21196) ~ 0~I~ to ~end ~d reordain Section %37, ~sts~ce~~ o~ ~e 1973-74 Appropriation 0rd~n~ce,' ~d providing for ~ ~erg~. (For full text o[ Ordln~ce, see Ordin~ce ~ok No. 38, Page 487.) ~. Garl~d ~ved ~e adoption of ~e Ord~n~ce. ~e ~tlon was conded by ~. Llsk ~d adopted by ~e foll~lng vote= AYES: Hessrs. Garl~d, H~d, L~sk, Taylor, Tho~s~ Trout and ~yor Webber ..............................7. ~YS: None ..................... 0. B~-CITIZ~S' ~IRO~T~ S~NG CO~E: Co~cll having referred to ~e C~ty ~ager for study, re~rt ~d rec~endation a request of ~e Steering C~ttee for ~e C~t~z~s~ ~v~ro~ental Cocci1 for [~dtng of ~eir opera.on ~ a s~ e~lval~t to ten c~ts per [nh~it~t, or, for ~e City o~ ~oke, a to~l of $9,221.50, ~e City ~ager s~m~tted ~e follow- ing re~rt recording ~at Co~c~l conc~ in ~s re~est on a one year bas~s: "Nov~er 5, 1973 Honor~le ~yor ~d C[ty Cocci1 ' ~oke, V~rg~nia ~tl~n: At ~ts mee~g on ~nday, ~tober 22~ ~9~3, City Cocci1 received a re.est from ~e Steertng Co~ttee for ~e Citizens ~v[ro~l Cocci1 for [~d~g of ~elr o~rat[on. letter was acc~ed by a copy of ~e by-laws ~d a pro. sa1 for ~e est~lls~t of ~e C~t~z~s~ ~v[ro~n~l Co~c[1. ~elr letter included a r~uest ~at ~e City appropriate a s~ ~val~t to t~.c~ts ~r i~It~t, or for ~e City of ~oke a to~l of $9,221.50. They fur~er noted ~at ~e City o[ Sal~ had already grated f~ds for th~s pu~ose for one year. ~te~ studying ~e pro.sa1 of ~e C&t~z~s~ ~v[ro~ental Co~c~l ~d ~e by-laws for ~at org~zat[on and a~ter discus- s~on wt~ certa~ of ~ts m~ers, &t ts apparent ~at ass~st~ce fr~ c[t~z~s~ groups ~s needed to suppl~ent ~e efforts of ~e Federal, S~te ~d local gove~ents. The need for a pe~ent org~izat~on ~s' rec~ended as a me~s of focusing attentlon on ~ose p~bl~ ~eas which are not easily resolved. ~ 1ndlcated w1~in ~eAr study ~e success of ~s progr~ will lie &n the 265 de~ree of ~nvolv~-t of the citizens. It could be a tremendous success or It could be a ~iserable failure and all of this depen6s upon the citizens concerned, The success or failure Of this endeavor will soon becc~e apparent and its success should be k~o~n before the need arises for a second yes. es fending. The Citizens~ Environmental Council's request for $9~221.50 ~s not foreseen in our annual budget nut do T feel that such a request should becomea continuing requirement. Nevertheless, should tho p~o~r~m be a success, and it well could be, this ~ould be a small expenditure compared to the benefits which could be derived. For this' reason it ~ould be reco~nended that Clty Coun- cil concu~ with .this request on a one year basis onlyo The zuns~ Envlron~ental-Coencil should make eve~ effort to fund its ful and should that'organization find It necessar~ to return to the varicus cities for further assistance, the Coenclls by that tine will have had the benefit of one year~s experience to deter- mine the success of;the program, it would be rec~nded that the City Council appropriate $9,221.$~ to fend this program for one year and to consider this Respectfully submitted, S/ Byron E. Haner Byron E. Haner City ~anager' Mr. ~ubard moved that Ccencll concur in the recommendation of the city ~anager and offered the followlng e~ergency Ordinance appropriating $9,221.5~ to Gratuities ender Section %1, 'Coencil,' of the 1973-74 budget: (~21197) AN ORDINANCE to a~end and reordain Section ~1, of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 38, Page 487.) Mr. Hubard moved the adoption of the Ordinance. The ~otion was seconded by ~r. ~.isk and adopted by the following vote= AYES: Messrs. Garland~ Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. 7. NAYS = None ........................ 0. BUDGET-POLICE DF~A~T~ENT-A~RP0~T= The City Manager s~bmltted a written report recou~aending that $2,500.00 be appropriated for the purpose of acc/~iri~g a ~hree-wheeled patrol vehicle to he used by the police officers stationed at Roanoke Municipal (Woo~rum) A/rport An order for them to provide coverage of not only t~e terminal area but the general aviation areas and along the a~rons. Mr. Trout moved that Council concur in the recommendation of the City Manager a~d offered the followlng emergency Ordinance approprlat~ng $2e500.00 to Capital Outlay from Revenue ender Section ~450, 'Mun£cipal A~rport Fund,' of the 197~-74 Municipal Airport Fund ApDropriation Ordinance= (%21198) AN ORDINARCE to amen~ and reordain Section ~450, Airport Fund,' of the 1973-74 Mu~tcipal Airport Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ord£nance Book No. 38, Page 488.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk a~d adopt~ by the following vote= AYES: Messrs. Garland~ Bubard, Ltsk, Taylor, Thomas~ Trout end Mayor Webber .................................. ?. NAYS: None ...................0. 266 C-,.~Sz The City Nanager submitted a ~ritten report reco~mending ~a~ he be au~o~z~ ~ ~e~te appropriate fo~ fo~ a~cep~ce of ' ~w ~fOrC~t 6~t NO, 72-A1952~ to provide f~ds for ~t~ ~ fyst~ for ~e Ck~t Co~ ~e total ~t of ~e gr~t to be $12~000.00~ ~ f~ receding ~at ~12~000.00 be appropriated to ~is gr~t accost. Mr. Trout moved that-Council concur in the recommendation of the City Manager and offered the following ~mergency Ordinance appropriating $12,000.00 to Courtroom Memor~ System tmder Section [547, 'Courtroom Memory System,' of thc 1973-74 budget:' (121199) AN O~DINANCE to ~end and reordain Section t547, 'Courtroom Memory System,s of the 1973-74 Appropriation Ordina~ce, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 488.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garl~d and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. HAYS: None ........................0. Mr. Trout then offered the followlng Resolution in connection with the acceptance, execution and filing of the grant: (121200) A RESOLUTION authorizing the acceptance, execution, and filing of the 'Spocia! conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of federal funds to provide Courtroom Memory Systems for the Circuit court in the city. {For full text of Resolution, see Resolution Book No. 38, Page 489.) Mr. Trout moved the adoption of the Resolut£on. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES= Messrs. Garland, Bubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ........................ -- ....... 7. NAYS: Noz~e ........................ 0. SEWerS AND STOP~4 DRA~NS-STP~TS AND ~t~J~EYS = The City Manager st~3m~tted a w~itten report recoIamending that that portion of Underhill Avunue, S. B., betweea Ben33ington Street and Kindred Street and that 12 foot alley lying between Underhill Avenue' and Brownlee Avenue extending from Bennington Street to Kindred Street be'vacated~ discontinued and closed, in connection with the expa~3sion of the Sewage Treat~ent Plant. Mr. L~sk moved that Council concur in the reco~endation of the City Manager and offered the following Resolution: {~21201] A RESOLUTION initiating proposal for the permanent vacating, closing, discontinuing and abandor~nent of that portion of Underhill !1 Avenue, S. B., 40 feet in wide, extending fro~ ~he easterly line of Benning~on S~eet, S. E.~ ~o ~he ves~ line o~ K~nd~e~ S~ree~ S. E.~ an~ all og ~a~ ce~ 12-f~ v~de alle~ ex~ng ~ough Block 4~ of ~e ~p of ~s~ove~ Place be~ve~ B~g~on ~d ~dre~ S~ee~s~ S. E.~ afo~esaid~ said s~ee~ ~d alley being she-on Sheet 433 of ~e City's T~ ~praisal ~p~ ap~int~g v~ewers to v~ sa~ s~eetl r~est~g ~e C~ty Pl~ing C~ssion to ~e study ~d recordation on sa~d pro~sal~ ~ prov~ding for a hearing on ~e said pro~sal~ (For full text o~ Resolutl~ see Resolution ~k No. 38~ Page 490.) ~. ~sk ~ve~ ~e-adopt[on of ~ Resolution. ~e ~t~on was se- conded by ~. ~out ~d adopted by ~e foll~ng vote: AY~z Hessrs. Garl~d, H~ard~ L~sk~ Taylor, Th~s, Trout ~yor W~ber .............................. ~YS: None ..................... 0. ~ORT~ The C~ty ~ager s~tte~ a written re~rt r~uest~ng au~ority to lease to ~e United States ~ Co~s of ~g~neers for a ~eri~ of t~ years beg~g July 1, 1972~ a certain 40 foot x 120 f~t quonset build- lng ~d 0.321 acre parcel of 1~ at ~oke H~ic~pal (W~) ~ort. ~. Trout ~ved that Co~cil conc~ in ~e reco~endat~on of ~e City ~ager ~d ~at ~e foll~ng Ord~n~ce be placed u~n ~ts f~rst reading: (%21202) .~N O~IN~ au~orizing ~e leasing of approx~tely 0.321 acre at ~oke H~[c~pal (W~) ~ort to ~e United States ~erica for Un,ted States Air Force Rese~e p~ses. ~, ~e City ~ager has advised ~e Cocci[ ~at ~e United States ~v~t desires to continue to use a certain 0.321 acre parcel of land ~d quonset hut situate ~ereon at' ~oke M~ic~pal (Woodr~) ~r~rt for Un,ted S~tes ~r Force Rese~e p~ses, u~n ~ ~nual rental of ~e ~llar ($1.00}, ~d has rec~ended au~orizat[on o[ ~e execution of a lease ~erefor, ~ which fecundation ~e Co~cil conchs. ~o~, BE IT O~D by ~e Co~cil of ~e C~ty of Ro~oke ~at ~e City ~ager ~d ~e City Clerk be, ~d ~ey are, hereby, au~orized execute ~ 2o seal ~d attest~ respectively, for ~ on behalf of ~e City, a con~act of lease between ~e City of Ro~oke ~d ~e Un,ted States of ~er~ca approx~tely 0.321 acre of real estate, w[~ ~rov~ents ~ereon, located at ~oke ~[c[pal (W~) A[~rt, for Un,ted States Air Force ~se~e pur- poses, for ~e te~ begging July 1~ 1972, ~ough J~e 30, 1973, renew~le ~ereafter from year to year ~t[1 ~e 30~ day of J~e, 1977, wi~out f~er not~ce, such lease, ~ no ev~t to extend beyond J~e 30, 1977, at an ~ual r~l of ~e ~11ar ($1.00), such lease to be u~n such reasonable protective of ~e C~tyes ~nterests, as ~e C~ty ~ager ~y dete~ne, to be ~n s~s~t~ally ~e s~e fo~ as ~e lease ~tted w~ ~e City ~ageres 2'67 268 repor~ to the Counci1 on Novezd3er 5~ 1973~ and to be othe~lse, upon app~v~ by ~e City At~ey.~' ~e ~tlon was sec~e~ by ~. Llsk ~d adoptea by ~e foll~ng A~S~ ~ssrs. GarA~ H~d; L~sk, Taylor, ~s, ~out ~yor Webber ................................ ~YS ~ N~e ....................... 0. ~ OF PROPE~-S~ ~ S~ D~NS~ ~e ~s~s~t City Atto~ey s~tt~ a ~tt~ re~rt ~n co~ection wl~ rel~at~on assist~ce pa~ to Fre~le R. ~ Sallie J. W~iss~ O. L. ~a ~a W. ~e ~ H. ~ ~ B. ~ ~n a total' ~t not to excee~ $8,79~.00, w~ reference to ~e Sewage ~ea~t Pl~t exp~sion. ~. ~s ~ve~ ~at'Co~c~l concur ~n ~e re~rt of ~e Ass~st~t C~ty Atrophy ~ offere~ ~e foll~ing ~ergen~ Or,in,ce prov~ding for {%21203) ~ 0~I~ prov~ding for relocation assistance pa~ents to c~tain ~ers ~/or t~ts ~s91ace~ by reason of ~e acquisition te~ ~ con~itions~ ~ providing for ~ ~ergen~. (For full t~t of O~in~ce~ see Ordin~ce Book No~ 38, Page 49~.) ~. Th~s ~ve~ ~e adoption of ~e Ordin~ce. The ~tion was second~ by ~. ~sk ~ ado~te~ by ~e folkwang vote: ~yor Webb~ ............................... 7. ~. Th~s ~ off,red ~e foll~ng ~ergen~ Ordinance app~pr~at~ng $9,000.00 to S~age Tr~a~ent Pl~t ~s~on ~der Section %550, 'Sewage ~ea~ent Capital ~rov~ents F~,~ of ~e ~973-74 budget: (~21204} ~ O~ to ~nd ~ reor~a~n Section %550~ ~Sewage ~ea~t ~pltal ~v~ ~' of ~e 1973-74 Sewage Trea~t F~ App~pr~at~on Or~ce, ~ providing for ~ ~erg~n~. (For full t~t of Ord~n~ce, see Or,in,ce Book No. 38~ Page 492.) secon~e~ by ~. L~sk ~ adoptea by ~e foll~g vote: ~yor Webber ................................7. r~rt re~ng ~at ~e full 900 foot ext~s~on to' R~way %23 be accepte~ ~a placea ~n l~e ~or ~ eng~ne~g study ~ develo~ent and specl£1cstions and t~at the city proceed 4~distely to acquire all the land necessar~ to permit the full 900 foot extension of Runway [23 as provided in the Airport Haster Plan adopted August 9, 1971, and that an environment~l study and public hea~lnq be ~inttisted as soon as possible to establish the city's position on this vital airport land procurement and subsequent runway Mr. Trout moved that-the matter be referred to the City Attorney for preparation of the proper measure and to the City Auditor to check into the Municipal Airport Fund to ascertain whether or not sufficient fends are available. The motion was seconded by Mr. Ltsk and enan~mously adopted. Mr. Trout pointed out that' when the City Attorney and the City Auditor report back to Coencll, he will su~mft a report as to the economic gain and as to what the federal government will fund. U. S. S. ROANOKE-AUD~TOIt~UM-COL~SEUM-pA~KS AND pLAYGROUNDS: Council having previously directed that the ship's be1! from the U. S. S. Roanoke be permanuntly displayed at the Roanoke Civic Center, the Roanoke Civic Center and Stadium Advisory Co~mission submitted a written report requesting that Coencil reconsider its decision to place the bell at the Civic Center, advising that it is the unanimous opinion of the Co~nission that other sites should be investigated before-a definite decision is made. Mr. Thomas moved that Coencil reconsider its previous action in connec- tion with the location Of the bell. The motion was seconded by Fir. Trout and enanimously adopted. Mr. Thomas further moved that the matter be referred to the Roanoke Civic Center and Stadit~a Advisory commission and to the City Manager for a joint report as to the location of the bell. The motion failed for lack of a second. Mr. Garland pointed out that the main question lies in the fact that the bell cannot be displayed at any location where an admission fee is charged. Mr. Lisk moved that' the matter be referred to the City Manager for the purpose of conferring with the Navy Department to ascertain what arrangements might be worked out in relation' to the bell and that the City Manager be requested to suf~ft a report to Council by the regular meeting of the body on Monday, November 19, 1973. The motion was seconded by Mr. Garland a~d ~nanfmously adopted. UNFINISHED BUSINESS: I~EGIONAL JAIL: Mr. Hubard presented the following connnunication in connection with the regional corrections facility: 'October 24, 1973. Mayor and Members of l~oanoke City Council, Roanoke, Virginia. Gentlemen, on October 1st 1973, Coencil adopted a~l Ordinance that directed the City Manager to acquire property to the west 269; 270 of the Hunicipal.Bulldlng 'as a site for new coU~tand Jail facilities to be used by the city and such other governmental subdivisions .who.nay be desirous of using the same'pu~suant to agreements with .the. city,' Following the adoption of that O~dLuance No. 21166: Council adopted a motion vhich stated'that it is tthe intent of-CoUncil that Ordinance No. 21166 ia con- slstent with the Roanoke Valley Corrections Facility Agreement dated Februa~ 12W 1973, and that parties thereto be offered the opportunity to,participate under that agreement for a re- gional corrections facility on the dovntown Roanoke site on a basis acceptable to'the City of Roanoke. This O~dinance and motion was presented to the Roanoke Valley Corrections Boa~l at its meeting on October 23~ 1973, and this offer by the City of' Roanoke to the jurisdictions represented on that Corrections Board was referred to those Jurisdictions by the Corrections' Board With the request that those jurisdic- tions advise the Corrections Board if this site is acceptable intent of the ctty*e offer~ viz., is the city offering (1) to have the dovnto~n Roanoke site operated as a regional corrections program under Joint ownership by all the parties represented on the Roanoke Valley Corrections (2) for those jurisdictions using the Jail' facilities on the downtown site on a per diem basis? It is my understanding that the City Of Roanoke~s offer was made on the basis that the jurisdictions could join with the City of Roanoke in the use of the jail facilities on that site on either basis. In order to clarify this matter ~ have requested the City Attor~ey*s Office to prepare a Resolution so stating. This Resolution should be in your Council material for your considera- tion prior to next Monday's meeting. $/ Wm. $. Hubard Chairma~ Roanoke Valley Corrections Board. Hr. Hubard moved the adopt, ion of a proposed Resolution ex~ressing the willingness of the Council of the City of Roanoke to make available to the Roanoke Valley Corrections Board or to the Other parties to the Roanoke Valley Corrections Center Agreement a certain site in the City of Roanoke, upon its acquisition by the cfty~ for use or for construction and operation of a regional correc- tions facility. The motion was seconded-by Dr. Taylor. In a discusslon of the-~atterr Mr. H~bard expressed the opinion that the Downtown Roanoke site should-be offered to the other jurisdictions for the sake of cooperation and moral' obligation under the contract and that rejection by the City of Roalloka of joint ownership is a repudiation of the Roanoke Valley Corrections Facility Agreement~ Mr. Thomas expressed the'opinion that he does not feel that the City of Roanoke is in any way repudiating the Corrections Facility Agreement and that the only legal obligation the city has' ts a court order to build a new jail. Messrs. Lfsk and Taylor expressed~ the opinion that the city should allow the other governing bodies the opportunity of deciding' whether or not they want to enter into the Downtown Roanoke location on a joint OWnership basis. Hr. Garland then offered a substitute motion that the Downtown Roanoke site be offered to the other governing bodies on a per diem basis rather than on a joint ownership basis and that the ~atter be referred to the City Attorney fOr p~eparatJ, on of the proper, measure. The ~otion vas seconded b~ Hr. Thc~as and adopted by the follOVing votez AYES~ Hessrs. Garland, Thomas, Trout and Hayor Hebber ....... 4. ' ~ZAYS: Messrs. Rubardj Llsk and Taylor ........................ 3. CONSIDERATION OF eLk/MS: NO~E. LNTRODUCTION AND CONSIDERATION OF ORDINANCES AND I~ESOLUTIONS: ZONXNG: OrdinanceNo~ 21184 rezoning property located at 1506 Patterson~Ave~ue~ S. W.,' described'as part of Lot 1~ west part of Lot 2. and part of Lot 3, Block 11, West End and River. View Nap, Official Tax No. 1213406, from C-2, General Commercial District, to RG-2~ General Residential Dlstrict~ having previously bean before Council for its first reading, read and laid over, was again before the body~ Hr. Trout offering the following for its second reading and fL~al adoption: ' (~21184) AN ORDINARCE to amend Title XV, Chpater 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amellded~ and Sheet No. 121, Sectional' 1966 Zone Map, City Of ~oanoke, in relat/on to Zoning. (For full text of Ordinance, see Ordinance Book No. 38, Page 480.) Hr. Trout ~oved. the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber .................................. 7. NAYS: None .........................0. - ZONING:' Ordinance 2:0. 21185 rezoning property situated south of Campbell Avenue, S. E., east of Second Street, S. E., and west of the Norfolk and Western Railway. Company right of way and situated south Of Taze- well Avanue~' S; E., east of South Cefferson Street, north of ELm Avenue, S. E., and %~est of the Norfolk'and Western Railway Company right of way from C-4, Central Business Distrlct'Expansion Area, to C-3, Central Business Dis- trier, having previously been before Council for its first reading, read and laid overj was again before the body, Hr. Trout offering the following for its second reading and final adoption= (]21185) AN ORDINANC~ to amend Title XV, Chapter 4.1, Section 2, of The Code of the City o£' Roanoke~. 1956, as a~ended, and Sheet No. 401, Sectional 1966 Zone Map~' City of Roanoke, in relation to Zoning. - (For full text-of'Ordinance, see Ordinance Book NO. 38, Page 481.) Mr. Trout moved the adoption o£ the Ordinance. The motion was seconded by }ir. Tho~as and' adopted by: the following vote: AYES: Messrs. Garland~ Hubard, Lisk~ Taylor, Thomas, Trout and Mayor Webber---a--.- ........................ 7. · , NAYS: None ...................... -0. ' ZONINGt ordinance~No. 21186 rezoning property e~.2515 ~ln~op Official T~ ~s. 1270503 ~1270504~ f~ ~ ~plex ~sid~lal Dis~ric~, ~-1~. ~eral ~s~d~al D~s~lc~ hav~g previously been before Co~c~l for its f~rst rea~lng, rea~ ~ la~d over, was again before ~e offering ~e foll~ng for ~s'secon~ rea~g ~ f~nal adoptiont (~21186}. ~ O~I~ to ~n~ T~tle ~, Chapter of ~e Co~e of ~e C~ty of ~oke~ 1956, as ~de~ ~ Sheet No. ~27, Sectional 1966 Z~e ~p~' C~ty'o~ ~oke, ~n relation to Zoning. (For fu~ text of'~d~n~ce, see Ord~n~ce B~k NO. 38~ Page 483.~ ' - ~. ~s ~ve~ ~e adoption of ~e Ord~n~ce. The ~tion was second~ by Dr. Taylor ~ a~opted by ~e following vote~ , A~= Messrs. Garl~d~ H~, L~sk, Taylor~ ~s~ Trout and ~yor Webber ....~ .........................7. ~ORT~ Co~c~l having d~rected ~e C~ty Atto~ey proper ~eas~e con~r~g ~n a'requeste~ ~n~e~t to ~at certain agr~ent date~ J~e 26~ 1969, bet~ ~e City ~ I~ Consist Se~ices Co.ration for ~e opera.on of ~e auto~b~le parking lot at ~oke H~cipal ~rt so as to pe~t ~ncrease ~n p~k~ng rates at ~e ex~st~ng parking lot ~ to provide for ~e ~nstallat~on by ~ Consist Se~ices Co.ration, at ~ts ~ e~ense~ of a short-te~ parking lot, an~ establishing ~e rates to be ch~ge~_at sa~d lot~ h~ pres~te~ $~e~ whereu~n~ ~. Trout offered ~e foll~ng ~ergency ~inuce: (~21205) ~ 0~ conc~ring in a requested ~en~t bo ~at cer~n agre~t dated J~e 26~ 1969, betwee~ ~e City ~d I~ Cons~er Se~ices Co~ra~on for ~e o~rat~on of ~e auto~bi~e parking lot at ~oke M~c~pa1 ~rt so as to pe~t ~ncrease ~n,park~ng rates at ex~s~g park~g lot~ ~ to p~v~de for ~e ~nstal~t~on by ~ Consist SedUces Co~ration~ at ~ts o~ e~ense, o~ a short-te~ parking lot, an~ est~l~shlng ~e rates to be ch~ge~ at sa~ lot~'~ providing for (For full text of Or~n~ce, see Or~ce Book NO. 38, Page 493.) ~. ~out ~ve~ ~e adoption of ~e Or~n~ce. ~e ~on was secon~e~ by ~. ~sk ~ adopte~b~e foll~ng vote: - ~: Messrs.' H~a~ L~sk~ Taylor, Th~s, Trout ~d ~yor W~ber ..................................6 · ~c~1 having also directe~ ~at ~e City Atto~ey prepare ~e proper ~as~e au~oriz~g ~ providing for ~ ~en~t to ~e c~ty~s concession aqreemen2 dated O'u~e 26, 1969w as modified by ~ritten tnst~ment dated ~c~r ~$~ 1971~ ~l~ I~ Cms~r SedUces Co~ration for ~e o~ratlon of ~e city's aut~blle ~=k~9 lot a~ ~oke H~icipal Alert In ~oke Co~ty, by ext~dln~ ~e rem of said agre~t~ as ~dified~ for an additional rem of five ye~s~ he pres~ted s~l' vhe~eu~n~ ~. ~ou~ ~ved that ~e foll~- ing Ore.ce ~ placed u~n its firs2 read~gs i ([21206) ~ O~I~ au~orizin~ nd providing for ~ ~en~ent to ~e Ctt~a ~ncessl~ a~re~t dated ~e ~6, 1969~ as ~lfled b~ inset dat~ ~er 29, 1~71, vl~ I~ Cons~r Semites Co~ration for ~e o~ratl~n of ~e City's auto. bile parking lo~ a2 ~oke ~iclPal la ~oke Co~t~ by ~t~din9 ~e tern of said aqre~en~, as ~ified~ for an additional rem of five (5} years. ~, b~ Ordln~ce No. 187ll, adopted ~y 26, 1969~ ~e Co~cil accepted ~e vritt~ pro~sal of I~ C~s~r Se~ices Co~ration for lng ~der ~ncession tgre~t for a tern o[ five years ~e City's a~t~bile parking lot at Ro~oke ~icipal Alert, u~n consideration o[ certain fees payola to ~e city for such concession p~ivllepes; and ~, BY O~dtn~ce No. 20015, adopted ~c~r 28, 1971, ~e ~cll au~orized ~en~ent to said concession apre~ent in certain ~articulars rela~g to ~e ~ar~teed fees payable to ~e City for such conce~sion privl- legesl and ~, ~e A~rt Adviso~ C~sslon has reco~ended to ~e by re~rt dated ~tober 16, 19~3, ~at'~e present concession agr~ent between ~e City ~ I~ Cons~er S~lces Co~ration for o~ration of ~e City's auto.bile p~klng lot at ~uke M~iclpal Ai~rt be ~xtended for ~ additional rem of five (5} ye~s from July 1, 1974, u~n ~e conditions hereinafter ~erated. in which re=~dation ~e Co.ell conchs. ~0~, BE IT O~D by ~e Cocci1 of ~e City of Ro~oke ~at ~e Co~cil do~ berry au~orlze ~e ~dlfication ~d ~en~ent of ~e Con- cession Agre~t heretofore' entered into be~een ~e City and ~ Cons~er Semites Co~ra~lon ~der da~e-of J~e 26, 1969, ~d as heretofore ~ended by ~itt~ ~dification of Concession Agre~nt dated ~c~r 29, 19~1, for the operation of ~e City's aut~bil~ parking lot at ~oke H~iclpaI (Wood~) ~rt in ~oka Co~ty.-Vi~inia. so as to ext~d all of ~e te~, provi- sions, conditions ~d obligations' ln=~t u~n ~e parties ~ereto of said ~ncesston ~re~t, as ~ified as aforesaid, for ~ extended ~ri~ of ~ive (5) ye~s fr~ July 1, 19~41-said ext~sion to be acc~plished by writt~ ficatlon agre~h to con.in, in addition' to provision for ~e extension not to exceed a rem of five. (5) ye~s. aforesaid, provision obllgating said tion ~ cons~ct ~d install, at i~s sole e~ense ~d ~ereafter to operate, a short-rem parking area at said ai~rt. ~d fur~er to contain provision for 273 pa~Mnt to the City, during each month oE said extended term, the following monthly ~ees~ vis.~ ' . ~ Seventy percent (70t)' o£ all gross receipts of the operation .for each month in excess of $0.00 but not exceeding $14,000.00, plus eighty percent (80%) of all gross receipts for each month;J.n excess of $14,000.00 but not exceeding plus ninety percent '(90t) of all gross receipts for each month in excess of $16,000.00; and the City Hanager and City Clerk are hereby authorized and directed to execute and to seal and attest, respectively, on behal£ of the City, an addendum to said concession agreement dated June 26, 1969, approved as to form by the City Attorney. The motion was seconded by ~Lr. Lisk and adopted by the following Webber .................................... 6. NAYS: ~r. Garland ..............l. There being no further business, Hayor Webber declared the meeting adjourned. Deputy City Clerk Mayor COUNCIl., SPECIAL MEETING, W~t~es~ay, November ?, 1973. The Council of the City Of Roanoke met in special meeting in the Council Chamber in the )lunlclpal Building, Wednesday, November 7, 1973, at 2 p.m., with Hayer Roy L. webber presiding. PP~SENTs Councilmen Robert A. Garland, William S. Hubard, David I. Llsk, Noel C. Taylor, ~l~.ton'W.-Thomas and Mayor Roy L. Webbe;: ........ ABSENTt Councilman' James O. Trout ........................... 1. OFFICERS pI~ESENT~ Mr. Byron E. Haner, City Manager~ Mr. Sam H. McGhee, IIX, Assistant City Manager~ and Mr. James N. Klncanon, City Attorney. INVOCATIONz The meeting was opened with a prayer by Dr. Noel C. Taylor, }iember of Roanoke City Council. SEWERS AND STORM DRAINS~ Mayor Webber advised that the special meeting of Council was called for the purpose of receiving, opening and considering bids made to the city for a construction pro~ect for the expansion of the Sewage Treatment Plant and for the p%trpose of taking such action in the premises as the CoUncil may then be advised. .Mayor Webber then asked if anyone had any questions about the advertisamunt for bids and'no'regresentative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids~ whereupon, the City Clerk opened and read the following bids: Bidder Division 1 Division 2 Division 3 J. W. Bateson Company, Incorporated, and Centrex- Corpora~_ton a Joint Venture DBA J. W. BATESON COMPANY Peabody :Petersen Company $17,420 f000.00 $6,240,000.00 23,600,000.00 pizzagalli Corpora- tion 24,150,000.00 Nello L. Teer Col0pany 25,234,000.00 ' N. C. Monroe Construc- tion Coampany Mr. Lisk ~oved that the bids be referred to a committee to be appointed by the Mayor for tabulation,' report and reco~mendatlon to Council. The motion was seconded by Mr. Hubard-and'unanimously a~opted. Mayor Webber appointed Messrs. Byron E. Haner, Chairman, Donald Eckman~ Sam H. McGhee, III, Harold S. zlmmerman, Charles L. Gutshall, Hampton W. Thomas, James N. Kineanon and Kit B. Kiser as members of the co=~ittee. There being no further business, Mayor Webber declared the meeting adiourned. APPROVED Deputy City Clerk Mayor ' COUNCIL, REGULA~MEETING, Monday~ November 12, 1973. The Council of the City of Roanoke met In regular meeting in the Council chamber'in the Municipal Bullding~ Monday~ November 12, 1973, at 2 p.m., the regular meeting hour, with Mayor Roy L. Webber pres/ding. - pRESENTt Councilmen,Robert A. Garland~ David K. Lisk~ Noel C. Taylor~ Ham~tonW. Thomas, James O. Trout and Hayor Roy Lo Webber .............................. ~ ................ 6. ABSE~T~ Councilman Willta~ S. Hubard ...... OFFICERS PRESENT:' Hr. Byron E. Haner, City Manager! Hr. Sam B. McGhee, III, Assistant~City Manager~ Hr.' James N. Kincanon, City Attoroey~ Mr. H. Ben Jones~ Jr., Assistant City Attorney; and Mr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Janes A. Allison, Jr., Pastor, ~aleigh Court Presbyterian Church. MINUTES: Copies of the minutes Of ~he regular meeting held on Monday, November 5, 1973, and the special meeting held on Wednesday, November 7, 1973, having been fttrnished each member of Council, on motion of D~ Taylor, seconded by Mr. Trout and unanimously adopted, the reading thereof was dispens~with and the.minutes approved as.recorded. H~-a_RING OF CITIZENS UPON PUBLIC MATTERS:. BRIDGES: Pur~uant'tonottce of advertise~nent for bids for painting the Wasena Bridge, said proposals to be received by the City Clerk until 2 p.m., Monday, November 12, 1973, and to be opened at that hsur before Council, Mayor Webbe= asked if anyone had any questions about the advertisement for bids and no represe~tatlve present raising any question, the Mayor instructed the City Clerk:to ~roceed with the opening of the bids; whereupon, the City Clerk opened and'read the one bid received from Electrlcal & Industrial Maintenance Corporation in the amount of $49,685.00. Mr. Garland moved that the-bid be referred to a:.committee to be appointedby the Mayor"for study, report and recommendation to Council. The motion was-seconded by Mr. Trout and ~nanim0usly adopted. ''Mayor~Webber appointed Messrs. Byron E. Haner, Chairman, Sam H. MoGhee, III~ and B. B. Thompson~as members of the committee. pETITIONS ~ CO~/~UNICATIONS: COAL AND FUEL OIL: A telegram fromMr. Richard M. Nixon, President of the United States of America, with regard to his message to the Nation on the energy outlook, advising of a Presidential Directive that no federal' vehicle shall be operated at s~eeds over fifty miles per hour except in case of e~er~e~cy and recialesting that the leaders of state and local goverrime-~ts do likewise to the extent of their authority, was before Council. ~tro T~out moved that the telegram be received and filed, The motion was seconded by Hr. Garland and unanlxously adopted, In ~his connection, the City Haneger eulxaitted a mitten report transmitting a list of actions which will be taken by the adm~nistration to reduce the cons~m~tion of energy by city forces. Hr. Trout then offered the following.~rgency Ordinance limiting the speed at which vehicles owned by or operated upon the business of the city may be operated until further order of the Council~ (%21207) AN ORDINANCE l~un~ting the speed at which vehicles owned by or operated upon the business of the city may be operated until further order of the Couscll, providing for the enforcement of the provisions of this Ordinence~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 496.) Hr. Trout moved the adoption of the Ordinance. The motion was second- ed by Mr. Garland and adopted by the following vote= AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................... 6 · NAYS: None .....................0. {Mr. Hubard absent) BUDGET-PARKS AND PLAYGROUNDS: Hs. Diane Sheppard, Chairman, Pool Committee, Southeast NeighbOrhood Alliance, appeared before Council and read a prepared statement again advising of the critical need for an adequate mu/~icipal ~wimm~ng pool in southeast, pointing ~ut that with the projected constru~ tion of a new elementary school in Fallou Park it is an appropriate time to renew the request for a swimming'pool in the southeast area, and transmitting a proposal for such a pla~ and specific adventages of building it in conjanction with the new elementary school. Hr. Garland moved that the request be referred to 1974-75 budget study. The motion was seconded by Mr. Trout and unanimously adopted. H~$C~LLANEOUS-ROANOKE VALLEY: A comunication from Hr. William F. Clark, County Administrator, Roanoke County Board of Supervisors, extending an Invitation to the members of Roanoke City Coencll for a joint meeting to discuss ~atters of mutual concern~ was before the body. Hr. Thomas ~oved that the City Manager be =equested to confer with Hr. Clark to ascertain if a mutually agreeable date can be arranged for such a meeting. The motion was seconded by Dr. Taylor and u~lanJ~nously adopted. TAXES= A co~enication from Hr. E. W. Andersen with reference to the appraised value Of a 1.84 acre parcel of land described as Offlc£al Tax No. 1510105, Map of F. E..Davis, advising that from the years 1967 - 1973, the co-owners of th~s property have been paying a higher rate of taxes then was necessary and requesting that the co-owners of said property be re~nbarsed by the City of Ro~/~oke in the sa of $656.46 representing excess taxes paid for the years 1967 - 1973~ was before Coencll. 277 278/. Mr. Trout moved ~hat ~he matter be referre~ to t~e Real Estate C~nnittee ~o~ s~ud~, ~e~ ~a zec~tl~ to ~c~l. The ~tion vas seconde~ b~ Dr. Ta~lor ~d ~usl~ adopted. '' S~T ~G~; CO~ of a c~cat~ f~ ~e Appalachl~ P~er C~any ~tt~ng a l~st of street lights l~s~lled ~d/o;' r~ved d~lng ~e ~n~ of ~to~r, 197~ was before ~. ~ut ~ved ~at ~e c~lcatl~ ~d list be received and filed. ~e ~tion was seconded by Dr. Taylor ~d ~usl~ adopted. ~. All~ W. S~ples, Atto~e~, ~epres~t~g ~e City of ~o~oke Redevelo~ent ~d Housing Au~ority~ re~est~g ~at certain alleys ~d ~tions of alleys wi~in ~e ~da~ of o~ bogeying ~e Gains~ ~eig~zh~d ~velopment P~r~, PFo~ect VA A-6~ In ~e no~we~t section oE ~e Clt~ of ~oke, vacated, dis~n~nued ~d closed, vas before Dr. Ta~lor offered ~e foll~in~ Resolution ap~lnting viewers In ~ection ~i~ ~e re.est to close the alleys ~d ~zhions of alleys.- (i21208) A ~OL~ION ~ela2ing to pe~ent vacation, discontinu~ce ~d closing o[ ce~2a~ alleys ~d portions of alleys ~ithin the ~da~ ~rde~ing ~e Gains~ ~eig~rh~d ~velo~en2 Pz~=~, Project VA A-6, of the City of ~oke Redevelo~en~ ~d Hoeing Au~orlty as hereafter fully descried,' ap~int~g Viewrs in the pr~ses; ~d referring ~e pro. sad closing to ~e City Pl~g C~{~s~0n. (For full t~t of Resolut~oni see~Resolution ~ok No. 38, Page 49~.) Dr. Taylor ~ved ~e adoption of ~e Resolution. ~e ~tfon was seconded by ~. List ~d adopted by ~e fo~l~g ~te~ A~S: Messrs. G~l~d~ Lisk, Taylor, ~s, Trout and ~yor Webber .............. a .................. 6. ~YS = None ......~ ........... 0. (~. H~d absent) Dr. Taylor ~ moved' ~at ~e re.est to vacate, d~scontinue ~d close ~e alleys ~d ~rtfona of alleys be referred to ~d City Pl~g ~ssfon for study,'re~rt and reco~da~ to Co~cfl. ~e ~tfon was by ~. ~sk ~d ~ously adopted. ~ORTS OF OFF~: B~T-S~ ~ S~ D~NS~ The City ~ager s~tted a wrftt~ re~rt in co~ct~on wf~ ~e Lick R~ ~el Improv~ents, advising ~t ~e city is fn receipt of a re.est' from ~e Norfolk ~d Weste~ ~ilway Comply for ~t fn ~e ~t of $46,958.09 for labor exposes incited in co.scion wi~ ~fs p~ject, pointing out ~at $15~21~.76 r~fns in ~e ~ck ~ Capital ~prov~t Accost ~d rec~ndlng ~at Co~cil appropriate $3~,747.3~ to said capital accost in order to re~se ~e Norfolk ~d Weste~ ~flway C~p~y for said e~nses. II Nrc Thomas moved that Council concu~ in the re¢~ndaticn of the City Manager and offered the following emergency Ordinance appropriating $31,747,33 to Lick Run Channel Improvements under Section %89, 't~'ansfers to Capital Improvements Fund~" of the 1973-74 budgetz (%21209) /~ ORDINANC~ tO amend and reordaln Section 189t "Transfers to Capital ~m~rovemente Fund," o£ the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook EOo 38t Page 498°) Kro Thomas moved the adoption oE the Ordinance. The motion was seconded by ~ro Ltsk and adopted by the following vote~ AYES: Messrs. Garland, L~sk, Taylor~ Thomas, Trout and Hayer Webber .................. ~ ............. 6. NAYS: None .................0. (Mr, Hubard absent) SALE OF PROPERTY: The City Manager submitted a written report transmitting the request of the Willta~sen Road Life Saving and First Aid Crew in connection wlth obtaining from the City of Roanoke the property located at 2917 Williamson Road, said property presently being occupied by the City of Roanoke Signal Ropartment, recommending that Council refer the request to the Real Estate Committee for consideration and reco~u~endation back to Council. Mr. Trout moved that the matter be referred to the Rea! Estate Committee for atudy~ report and recommendation to Council. The motion was seconded by Mr. Garland and unanimously adopted. WATER DEP~t~TMENT: The City ~hlnager euk~nltted a written report concurr~g in the reco~m~ndation of a committee that the bids of Rockwell Manufacturing C~mpany, Badger Meter Manufacturing Company and Hersey Products, Incorporated, for furnishing water meters to the City of Roanoke for the perio~ fr~ Nove~ber 1~ 1973, th_rough June 30, 1974, be accepted. Mr. Thomas moved that Council concur in the recommendation of the City Manager a~d offered the following emergency Ordinance: (%21210) AN O~DZNANCE providing for the purc~hase of supplies of varlous types of water meters for use by the city's Water D~partment durlng the perto~ Of t~u~e beginning November 1, 197~, and ending June 30, 1974, upon certain t~ms and previsions, by accepting certain blds ~ade to the clty; rejecting certain other bide~ and providing for an emergency. · (For full text of Ordinance, see Ordinance Book No. 38, Page 4~9.) Mr. Thomas moved the adoption Of the Ordinance. The motion was seconded by Mr. Trout and adopted by the followlng vote: AYES: Y~ssrs. Garia~d, L~sk, TaylOr, Thomas, Trout and Mayor Webber .................................... 6. NAYS: None .....................0. . {Mr. H~bard absent) 279' ~OLICE D~ARTH~q~FIIm DEPARTH~TT~ The City ~age~ s~tted a ~ltt~ re~rt as to ~e s~t~ o~ ~rs~el ln.~e Police ~paz~nt ~ F~re ~p~t as of ~ 31~ 1973. ~. ~u~ m~d ~a~ ~e ~e~r~ be ~elve~ and filed. ~e m~lon was 8econd~ ~ ~. ~sk ~d ~1~ adopted, F~DS-~-S~ ~ S~ D~NS~ ~C~l having referred to ~e C~ty ~ager for ~nvest~gatl~ ~d re~ a r~est of ~e ~rlee Cou=t ~ptlst ~ch ~at ~e c~ty t~e ~d~ate action to r~dy a flying s~tuation'which ~s during sudden intense rainsto~, ~e ~sis~t City ~nager s~itted a ~tt~ re~rt advising ~at Hayes, Seay, ~tte~ & ~tte~, ~chitects ~d ~gineers~ pres~ted a C~lete re~rt to ~e c~ty 1959 receding ~e sto~ drainage const~ction necessa~ ~n order to c~letely ~a~n ~ls area'of ~e city~ ~at' ~is sto~ drain syst~ was rec~ended to ext~d to Or.ge Avenue at T[~er ~eek, ~at since ~at ~n c~peration w~ ~e V~rgin~a Depar~nt of H~ghways, s~e ~ificat~ons to ~at sto~ ~ainage pl~ have be~ ~rked out, ~at ~e initial ~ifica- t~on was to provide a ~jor sto~ drainage facility wi~in Or.ge Avenue which ~uld ~ain up ~ area to L~berty ~ad ~d a second ~jor sto~ drain ~uld be cons~ucted as a part of ~e T~ S~eet project, said sto~ ~aln ext~ding fr~ W~lll~on ~ad to T~er Creek, ~at ~e ~alnage area in ~e vicinity of ~e ~rlee Co~t Baptist ~ch would ~a~ to ~e pro~sed Ten~ Street ~a~ ~d ~ce to T~ker' Creek, ~at ~is sto~ ~ainage faculty is still ~y years a~y fr~ berg const~cted being pr~rily de~ndent u~n ~e ext~s~on of T~ S~eet f~m'W~ll~on- ~ad east to Ho[lins ~ad and ~at as ~ ~nter~ measure ~n c~perat[on wi~ ~e Virginia ~par~ent of H~ghways, a se~t of sto~ ~ain ~s to be ext~ded fr~ ~e existing sto~ dra~ at Crossroads ~11 ~ ~e ~nt~rsect~on of Hers~erger ~ad and~Willi~on ~ad, ~ ~s sto~ ~a~n ext~s~on w~ll b~ at ~ elevation ~at ~t c~ be ext~ed f~er to ~e location of ~e drainage well ~n front of ~rlee Co~t Baptist Ch~ch. '~. Lisk ~ved ~at ~c~1 conc~ in ~e re~rt of ~e ~s~st~t City ~nager. ~e ~t~on was seconded by ~. Garl~d ~d ~us[y adopted. S~ OF P~OPER~-S~ ~D S~ D~NS= ~e ~s~s~t City Atto~ey s~[tted a ~tt~' re~rt tr~t~g ~ Ord[n~ce au~oriz~ng reloca~on asslst~ce pa~ent to V~ola R. ~derson~ ~n a to~ ~t not excee~ $2,500.00, in co~ection wi~ ~e ~tter of relocating persens residing wi~in ~e area needed for ~e Sewage Trea~t Pl~t ~. L[sk moved that Cocci[ conc~ in ~e-re~rt of ~e Assist~t City Atto~ey ~d offered ~e fo11~ng ~erg~ Or,in.ce appropr~at~g $2,500.00 to Sewage ~ea~t Pl~t ~p~sion ~der Section %550, 'Sewage ~ea~ent ~p[~l ~ro~ts ~d,' of ~e 1973-74 budget: [~2~21~) ~ O~I~CE to ~nd ~d reor~afn Section ~550, 'Sewage ~ea~t Cap~tal ~p~v~s F~d,' of ~e 1973-74 Appropriation Ord~n~ce, ~ prov~d~g for ~ ~ergen~. (For full text of Ord[n~ce, see Ord~ce Book No. 38, Page Hr, Llsk moved tho adoption.of the Ordinance, The motion was seconded by Hr, Garland and adopted by tho following vote= AYES~ Hessrao Garland, Llsk, Taylor, Thc~as, Trout and ~ayor Mebber ............................... HAYS~ None ................0, (Hr. Hubard absent) Hr, Llsk then offered the following emergency Ordinance providing for the relocation assistance payments~ (t21212) AN ORDIHANCE provldinq for relocation assistance payments to certain o~nere and/or tenants displaced by reason of tho acquisition property for expansion of the city's Sewage Treatment Plant upon certain terms and condittonsl and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 38, Page 501.) Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the followlng vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... HAYS: None ................0. (Hr. Hubard absent) ZONING: The City Planning Com~ission st~)mitted a written report in connection.with the request of Mr. Bentley J. King, et ux., that property located in the 2000 block of Wallace Avenue, N. E., described as ~ots I and 2, Block 13, Map of Jackson Park, Official Tax No. 3330314, be rezoned fro~ RD, D~plex Residential District, to RG-1, General Residential District, recommend- lng that the request be granted. Mr. Trout ~ovsd that Cou~ci1 hold a public hearing on the request for rezoning at ?:30 p.m., Wednesday, January 2, 1974, tn the Council Chamber and that the City Attorney be instr~cte~ to prepare the proper measure authorizing city employees to observe Monday, December 31, 1973, as a holiday for the currenE year only. The motion was seconded by Mr. Thomas and unanimously adopted. ZONING= The City Planning Cc~lission connection with the rec~/est of Creative Offices, Incorporated, that property located on the southwesterly side of the 3100 block of Hillcrest Avenue, N. W., described as Official Tax Nos. 20703~$, 20703~6 a~d 2070~37,'be rezoned frol RI), Duplex Reeldentlal District, to RG-I, General Residential Dletrlct, recomaend- ing that the request be granted. Hr. Trout moved that Conncil hold a public hearing on the request for rezontng at 7=30 p.m., Wednesday, January 2, 1974, in the Cot~lcll Chamber alld that the City Attorney be instrncted to pre,are the proper measure authorizing city employees to observe Monday, December 31, 1973, as a holiday for the current year only. The motion was seconded by Mr. Thomas and unanimous- ly adopted. TP~ESi Couhcil having ~aferred to ~he City planning Commission for stu~y~ report and reco~mendation a proposal by the Roanoke Council of Garden Clubsw lncorpOr~ted~ for the initiation of a tree Ordinance~ the City Planning Commission submitted a written report advising that t, he existing tree Ordinance for the City of P~anoke is more than sufficient and that a new Ordinance is not necessary at this thee and recommending that no action be taken on the matter at the present time. /tr. Trout moved that Council concur in the recomendation of the City Planning Con~ission. The motion was seconded by Hr. Lisk and unanimously adopted. ' KEPORT$ OF CO~tITTEESz STRF~ETS AND ALLEYS: The Real Estate Committee submitted the following report with" reference t0 providing for the dedication of certain land for public street purposes out' of ~ots 14 and 15, Block l, as shown on the J. E. Long Hap~ and providing for the consolidation of the residues of each said lot into a single new lot under the provisions of the Subdivision Ordinance: 'November $, 1973 The Honorable Mayor and Members of Roanoke City Council ~oanoke, Virginia Gentlemen= In Hatch of 1954, and making provision for a posslble site for a fire stat/on to serve the Garden City area of the City, the City purchased Lots 14 and 15, Block 1, of the J. E. Long Map, located on the sguthwesterly corner of the intersection of Garden City Boulevard~ then 45 feet wide~ and Danforth Avenue~ S. E., then end'now 15 feet wide. Later~ the much more suitable ' site on Bennington Street and Mount Pleasant Boulevard was settled upon as a fire station site for that and a larger area of' the City-and the present fire station was constructed on the larger site. Still later, in the widening and improvement of Garden City ~oulevard, 15 feet was utilized off of the front of each of the kwo lots for public street purposes; however~ the right-of-way for Danforth Avenue, leading off of Garden City Boulevard remains at 15 feet wide. Your com~uIttee has been approached on several occasi6ns for the possible purchase from the City of the residue of Lots 14 and 15, less the area of those lots which has bean used' for the Garden City Boulevard widening. The Planning Department and the City Engineer have recommended to the committee which, in tnrn, recommends to the Council, the following action ~ith' reference to-the abovementioned lots, the proposed action having. been depicted on Plan No. 5380, a copy of which is attached hereto: That by a plan of resubdivision to be prepared by the City under the provisions of the City's Land subdivision Ordi/~ance', the shaded area, shown on the attached plan to conts/n approxhuately 6,588 squa=e fee~ of land, be officlal- · ly dedicated ~0 ~s to provide for Garden City Boulevard at that point a 60-foot wide right-of-way and so as to provide for Dan£orth'Avenue between the Boulevard and the first alley westerly ~J~erefrem a 50-foot wide right-of-way, in place of · 'the existing 15-foot wide street~ and, secondly, to combine the resulting residue of Lots 14 and 15 into a single lot which m~ght then be disposed Of by the City as a useable building site for private construction. .... I£ tho foregninq p~opos~! be concurred in by the Council, the City Attorney, ~orklng w~th the City Engineer and the Plan- ning Depa~tment~ ¥111'follo~ ~h~ough with the necessary proce- duzes under the City's Land Subdivision Ordinance to acco~plish Respect[ully, S/ David K. Msk S/ William S. Hubard David K. Llskt Chairm~n William S, Eubard S/ By,on E. Haner S/ A. N. Gibson Byron E. Haner A.N. Gibson S/ J. N. Klncanon Hr. Llsk moved that Council concur in the report of the Real Estate Comittee and that the following Ordinallce be placed upon its first reading = (921213) A/{ ORDINANCE providing for the dedication of certain land ~or public street purposes out of Lots 14 and 15, Block 1~ as sho~n on the J. E. Long Hap, and providt~lg for the consolidation of the residues of each said lot into a single new lot, under provisions of the City's Land Subdivision Ordi- WHEIt~AS, the City of Roanoke, owning the fee st~nple title to Lots 14 and 15, Block 1, as show~ on the J. E. Long Hap, being Official Nos. 4390317 and 4390316, respectively, as shown on the Tax Appraisal Map of the City, has heretofore utilized the easterly 15 feet of each said lot for widening and and Cotmcil that' the following proceedings be authorized a/Id directed to be taken pursuant to the provisions and regulations contained in the City"s Land Sub- division Ordinance, as has also been recommended by the City Engineer and the Planning Department~ and WHEREAS, it is necessary for the usual daily operation of the muniCi- THEP~FORE, BE IT ORDAINED by 'the CoUncil Of the City Of Roanoke that the proper City offlolals be and they are hereby authorized and directed to accomplish, by recordation of a new plat of resubdivision under the provisions of the City's Land Subdivision Ordinance, said plat to be signed on behalf of the City, as owner, by the City Man~ger, upon its approval by the City Attor- ney and by other agents and offlclals whose approval is required under said ordinance, the de~ication of approximately 6t588 square feet Of land out of Lots 14 and 15, Block 1, acco~ding to the J. E. Long Hap, Offlcial Nos. 4390317 and 4390316~ respectively, so as to provide for a 60-foot wide right-of-way for Garden City Boulevard, S. E., and for a 50-foot wide right-of-way for Danforth 283. Avenue, So ~o, as the aforesaid iota abut those e~eete~ and to provide for the consolidation of the re~ldue~ of each'aforesaid lot into a eingle new lotl all as indicated and'sho~n on revised Plan No. 5380, p~epared in the office of the city ~ngineero B~ XT FD'RTH~R 0RDAXNED ~at~ ~ ~rg~ existing~ this ordin~ce shalX be in force ~d effech u~n its passage. ~e ~t~ ~as seconded b~ A~t Hessrs. G~l~d~ ~sk~ Taylor~ Th~s~ Trout and ~yor W~ber ............................J ..... 6. ~YS= N~e ................... 0. (~. H~ard abs~t} ST~TS ~D ~YS= The Rea~ Es~te C~ttee s~tted fo~l~ng re~rt ~n co~=t~on wl~ ~ntva~e ~ad~ S. W.~ which was closed by Ordinate No. 'Nov~er 5, 19~3 ~e Honorable ~yor ~d M~ers of Ro~oke C~ty ~oke ~ V~rgin~a ~ntl~: The Co~cil~ by s~ject ordin~ce, ~ently vacated and ' closed a ~rtion of ~tvale ~ad, s. w., ext~ding sou~weSterly s~e 222 feet fr~ Spring Road, S. W.~ ~ereby causing ~e ~itle in ~e closed ~rtion of ~e road to revert to abutting l~d- ~ers, e~lly, on ~ sides of ~e closed s~eet. Inasmuch as ~e City of ~oke is ~e fee s~le o~er of ~e l~d ~ut- ~g ~e sou~easterly l~e of sou~easterly half of ~e closed s~et, consisting of a strip o~ l~d approx~tely 21 feet ~ wtd~ ~d 222 feet In leng~ reverted to ~e city of ~oke. This s~ip of l~d lies along ~e not.easterly l~e of preset ~ntvale Road but is not needed as a part o~ ~e right-of-way for ~at street. 5~s~t to such closing, ~is c~ittee has been approached by ~e l~do~ers to wh~ ~e not.westerly half of ~e closed s~ee~ rev~ted to ~ec~d to tion of ~e foyer street be quitcla~ed to said o~ers, as said ~r~on ~uts ~eir res~ctive pro~rties. c~Slder~g a~l such ~tters at severa~ ~etings of ~e co~t- tee, yo~ co--tree has agre~ u~n ~d rec~ends to ~e ~c~I ~e fo11~g pro. sa1, n~y, ~at u~n a 5-f~t str~p o~ land along ~e f~nt l~e of ~t 3-B, S~ & In~ ~p, now o~ed by ~. J~s L. Wedge, being conveyed or dedicated to ~e C~ty for ~e wid~g of Spr~ng ~ad, S. W., (n~ 40 feet w~de)~ ~d u~n p~v~s~on berg ~de hy ~e City for ro~d~ng ~e sou~westerly co~er of ~e ~nt~sect~on of Sprig ~ad and preset ~ntva~e ~ad ~d for prov~d~ng~ also, for a 5-foot w~d~g of Spr~ng ~ad out of ~e l~d ~n ~ closed ~rt~on of old ~ntvale ~ad, ~e C~ty ~tcla~ to ~e ~rs o~ ~t 3-B ~d ~t ~-C, ~e C~ty~s right, ~e ~d ~terest ~n ~e sou~easter~y ~rt~on of ~ntvale ~ad wh~ was closed by Ordin~ce No. 209~5, aforesaid, and which reverted by ~at clos~g to ~6 C~ty. ~ effect ~ wi~ fecundation, should ~t meet w~ ~e appro~l of ~e Co~cil, a ~as~e has been prep~d by ~e City Atrophy ~d ~s tr~s~tted wi~ ~s re.rt. ~spectfully, S/ David K. ~sk S/ Wi11~ S. H~ard David K. L~sk, Chai~ W~111~ S. H~ard S/ By~n E. H~er S/ A. N. G~bson Byron E. H~er A.N. Gibson S/ J. N. K~nc~on 285~ Hr. Ltak moved that Council concu~ in the =aport of the Real Estate Co~ttee and that the following Ordinance be placed upon its first reading ~ (121214) AH ORDIHA~CE authorizing the disposition Of a certain of land formerly ccunprislng e portion of Hontval'e Road. So t~.~ vacated' and Closed by Ordinance No. 209?5. upon certain ter~s, conditions and t~IEI~E~S, in mitten report mad~ to the Council under date of November 1973. the Council's Real Estate come, tree has rec~ended to the Council that the City dispose of a certaln surplus strip of land on the northwest side of Montvale ~oad, S. W.~ which said strip of land extends in a southwesterly direction approximately 222 feet from Spring Road, S. W., and which said strip of land reverted to the City of ~oanoke upon the permanent vacating and closing of a certain former street pursuant to Ordinance No. 209?5 of the City Council, adopted July 2, 1973, if the terms and conditions hereinafter set out be me~ upon such disposition of said land~ and WItEREAS, the Council, considering the proposal and the reco~=nendations made by the City Engineer and the Planning Department in the matter, concurs with the reconnnendation of its Real Estate Committee. THeREFOrE, BE IT ORDAINED by the Council of the City Of P~anoke that, upon conveyance or dedlcation to the City of Roanoke of the title to a S-foot wide strip of land abutting the present southwest line of Spring ~oad, S. W., and extending in a southeasterly direction from the southwesterly line of Lot 3-A as shown on the $fm~ & Ingrain Map tO the canterllne of the fbrmer street per~aanently vacated, abandoned and closed by Ordinance No. 20975 of the City Council, a~d upon provision being made by the City, by official plat to be recorded in the Clerk's Office Of the Circuit Court of the City of Roanoke for rounding the southwesterly corner Of the present intersection of Spring Road, S. W., end Montvale Road, S. W., ona 2S-foot radius, the Mayor and the City Clerk shall be a~d they are hereby authorized to execute a~d to seal and attest, respectively, the City's deed of quitclaim' and release conveying to James L. Weddle, the owller of Lot 3-B as shown on said sim~s &"Ingrain Map and~ by reverter of tltle, the owner of half of the former street right-of-way abutting said lot, closed by Ordnance No. 20975,' aforesaid, all right, title and interest of the City in and to the southwesterly half of the right-of-way of said former street, as the same abuts the property of the aforesaid landowner~ and the Cit~s deed of qtlitclai~ a~d release conveying to Dalliel N. ~onaco, the owner of Lot 3-C as shown ou said Simms & Ingrain Map~ and By reverter of tltle, the owner of half of the former street right-o'f-way ahutt~g said 10t, closed by 286; t-he afo~esaid ordinance, ail right, tine ~nd interest of .the city in and to southwesterly ~lf.o~ ~e righ~ o~ way o~ satd four s~ee~ as ~e s~ ~uts ~e p~rty of ~e las~ttoned l~d~eFl all of ~e aforesaid lots ~d s~[ps oE parcels of l~d ~o be ~e~eafte= ~ed ~d held by each res~ctive l~eF as a single lot oF parcel o~ l~d ~d not to be alienated oF conveyed separately b~ el~eF said l~d~e=; ~e City*s aforesaid deeds o~ quitcla~ and release ~o ~ u~n su~ fo~ as [s approved b~ ~e C[[y Atto~ey. The ~tion vas seconded by ~, T~ut ~d a~opted by ~e following AYESt Hessrs. Garl~d~ Lisk, Taylor~ Th~s~ Trout and ~yor Webber .............................. 6. ~YSt Ngne~ ...............0. (~. H~ar~ absent) ~NS~D~TION OF ~= NO~. ~ODU~I~ ~ CONS[D~T[ON OF O~I~S ~D ~SOL~IONS t ~ORT= Ord[n~ce No. 21202 au~or[zing ~e [easing of approx[~te- ly 0.321 acre at ~oke M~[c[pal (W~) Airart to ~e United States of ~er[ca for United S~tes Air Force Rese~e p~ses, having previously been before Co,ct1 Eot its first rea~[ng, rea~ ~G lai~ over~ was again before ~e ~y, ~. ~out offering ~e foll~ing for ~ts secon~ rea~[ng ~ final a~option = .... (%21202) ~ O~IN~ au~or[z[ng ~e leasing o[ approxi~tely 0.32[ aure at ~oke M~ic[pal (W~) Ai~rt to ~e Onite~ States of ~er[ca for ~[te~ S~tes Air Force Rese~e p~ses. [For full t~t of Or,in,ce, see Ordln~ce ~ok No. 38, PPage 494.) ~. ~out ~ve~ ~e adoption of ~e Or~ce. The ~tion was secon~e~ by ~. ~sk ~ a~o~te~ by ~e foll~ing A~S= Messrs. G~I~ L[sk, Taylo~ Tho~s~ Trout an~ ~yor Webber ............................... 6. ~YS~ None ................ 0. (~. H~ar~ abs~t) ~ORT= Or,in,ce NO. 21206 au~or[z[ng ~G providing for ~ ~t to ~e city's concession agre~ent date~ J~e 26, [969, as ~ ~[tt~ ~ns~t dated Dec~er 29, 1971, w~ I~ Cons~er Se~[ces ~ra%ion for ~e opera~qn of ~e city's aut~b[le parking lot at ~oke M~[c[pal. A~r~ ~ Ro~oke, by ~/en~[ng ~e te~ of said agree- m~t~ as ~d[fie~, for ~ a6dit~onal te~ of f~ve years~ having previously be~ before Co,ct1 for [t~ first reading, rea~ and laid over, was again befo~ the ~y, ~. Trout offering ~e fo11~g for its seconG rea~[ng ~d final (121206) ~ OIt~INA~CE authorizing and providing for an amendment to the city's concession agreement dated ,Tune 26, 1969, as ~f~ed b~ ~ltten agre~t ~ted ~c~er 29, 1971~ vl~ l~ Conair Se~lces ~ration for ~e o~ra~lon o~ ~e city's au~blle parking lot at ~oke H~lcipal Al~t In ~anoke Co~ty, by extending the te~ of eaid ag~e~ent, as ~ified, for ~ additional rem off five yeare. {For full text of O~in~ce, see Ord~ce ~k No. 38~ Page 495.) ~. ~ut ~ved ~e adoption of the O~din~ce. The ~lon seconded by ~. Lisk ~d adopted by ~e foll~ing vote: AY~ Hess~s. Li~k, Taylor, Tho~s~ ~out ~d Webbe~ ............................................ 5. ~YSi ~. Ga~l~d ...................... 1. (~. H~ard HOUSING-S~ C~ Co~cil having directed ~e City Atto~ey to p~epare the proper ~asure urging sup~rt, by ~e U. S. Senatore ~d ~e 6~ DiS~ict Rep~es~tative o[ Virginia in ~e Congress of ~e United States, oE pending legislation ~hlch ~ould provide for full federal f~dlng of relocation pa~ts to ~rsons ~d businesse~ displaced by p~lic action ~der Urb~ R~ewal Progr~, he presented s~e~ whereu~n, Dr. Taylor offere~ the following Resolution= (~21215} A ~SOL~ION ~ging sup~rt, by ~e U. S. Senators and ~e 6th District P~presentat~ve of Virginia in ~ Congress of ~e States, of p~lng legislation which ~ul~ provide for full federal f~ing of relocation pa~ts to ~rsons ~ businesses d~splace~ by p~lic action ~er Urb~ Rental P~gr~. (For fu~ ~t o~ Resolution~ see ResolUtiOn B~k No. 38, Page Dr. Taylor ~ve~ ~e aaoption of the Resolution. The motion was secon~e~ by ~. Lisk ~ a~opte~ by ~e foll~ng vote= A~S~ Hessrs. GarliC, Ltsk, Taylor, Tho~s, Trout an~ ~yor Webber ............................... 6. ~YS = None ................0. (~. H~ar~ abs~t} ~GION~ J~L~ Co,oil havin~ ~irected ~e City Atto~ey to prepare ~e proper mea~e e~ressing ~ willin~ess of ~e Co~c~l of ~e City o~ ~oke to ~e 'available to ~e o~er parties to ~e Roanoke Valley ~rrec~ons C~ter Agre~ent dat~ F~ 12, 19~3, jail faci~ities to be cons~ct~ on a cer~ site in ~e City of ~anoke, he presente~ s~e~ wh~reu~n~ ~. Garl~8 offere~ ~e following Resolution= {~212i6) A ~OL~0N ~res~ing the willin~ess of~e Cocci1 of ~e City of ~oke ~o ~e' avail~le to ~e o~er p~rtle~ to ~e ~oke Valley Correc~ons C~ter Agre~ent date~ Feb~a~ 12, 1~3, jail fac~lities to be const~cte~ on a cer~ site in ~e C~ty of (For ~ull text of Resolution, see Resolution B~k No. 38, Page 287' '28'8 ~, Garland moved the adoptiOn~o£ the Resolu21on, The ~tion was se~nded b~ ~, ~ou2 ~d adopted by ~e ~ll~lng :A~t Messrs. Garl~d~ Taylor~ ~8, ~ut and ~yor Webber ....................~ ...... ~ .... 5 · ~YSl ~. Lisk .............. 1. (~. H~ard abs~t) ~ORTs Co.oil having directed ~e City Atto~ey to prepare pro~r-~s~e approving provision of a 900-f~t extension to R~way 23 at ~e ~oke ~lci~l ~rt and direct~g that prel~na~ actions be t~en to initiate ~d ~pl~ent such pro, eot, he pres~ted s~eI whereu~n, ~out o~fered the foiling Resolution: ([2~217) A ~OL~XON approving provision o~ a 900-f~t ext~ston to R~y 23 at ~e R~oke M~lcipal ~rt and directing ~at preli~na~ actions be ~ to ~itiate ~d ~l~t such pro~ect. (For full text of Resolution,-see'Resolution Book No. 38, Page 504.) ~. ~out ~ved ~e adoption of ~e Resolution. The ~tion was seconded by ~. ~sk ~d adopt~ by ~e foll~tng Webber ................................... 6. ~YS: None .................... 0. (~. H~d ~sent] ~ION~ ~ ~S~OUS BUSI~SS: ~Cl~PUR~NG AG~: ~. Lisk presented ~e following c~ication wl~ regard to a proposed bid proced~e: SNorter 7, ~9~3 Honor~le ~yor ~d ~s of City Co.oil, ~oke, Virginia Xn reference to the bid proced~e, ~e fo11~tng is pro~sed: ~1 bids will be advertised'as req~red by The C~e but ~e t~e ~d place of ~e o~ning of. ~e bids ~uXd be ch~ged. ~1 bids will be advertised to be o~ned on a We~esday at 2 p.m., at City Co~cil Cheers ~ ~ op~ session not lass ~ ~ee m~ers of ~e Bid:C~ittee to be pre- s~t as well as s~eone from ~e Clerk's Office who will ~ing ~utes of ~ pr~eedings before ~y o~iciaX bid c~ be ~e Bid C~ttee must re~rt back to Cobol1 on ~e follow- ing ~n~y session' as to what ~e bid ~ulatio~s were, who s~tted ~e bids ~d what reco~tions ~e Bid Co. tree ts going to ~e. If ~e does no~ ~t for ~e Bid Com-- ittee to ~e ~y specific recom~datlon, ~e Bid Co--tree ~st s~1l f~ish ~e ~ve ~fo~tlon' ~d advise ~at ~elr rec~tion will be for~co~ng to ~e Co.oil ~d specify ~e p~ticul~ Co.oil meet~g in ~hich ~e re~rt will be ba~ to Co~cil. ~ ~e ~e re~ired, ~e Co'oil must awed ~e bid d~ing ~ offi=ial Co. cA1 session to ei~er ~e successful bidder or to reject any ~d all bids ~at were s~tted. ~e Co.oil ~ will officlally ~te on ~e bid recordation as presented by ~e Bid c~ittee as pursuit to ~e City Code. ! hope that the above p~ocedare ~lghh be a guide as to the bid procedu~re poli.cy in which the Council was asked to establish for any and all future bids with the City Attorney prep~ring the Sincerely t $/ David K. IAsk David K* Llsk · . Vlce-~/aFo~. - H~. Lisk moved that Council meet as a Colmnittee of the ~hole follOwing the next regular meeting of the body on Honday, November 19, 1973, to discuss the proposed bid procedure and also to discuss the'second phase Of the management study report as prepared by Albert Ramoad and Associates. The motion ~'as seconded by ~r. Thomas and unanimously adopted. CO~IXI~EES: Council having adopted Resolution No. 21039 which provides that unless othe~wise provided by law, all boards, authorities, c~-m!~sions and committees which are required under the terms e[ the Virginia Freedom of Information Act of the 1950 Code o£ Virginia, as amended, to hold public meetings, shell give at least twelve hours public notice of all regular or special meetings by providing for written notice of the time and place of euch meetings posted in the City Clerk's Office and communication requesting a clarification by Council in reference to said Resolution. Hr. Lisk pointed out that there seems to be some con£1ict between the Resolution of Council and the Virginia Freedom of Info~mation Act, that there is also conflict over the ways in which various committees are handling their meetings and that only t_hose cc~mittees considering policy mahters should be required to hold open meetings. Hr. Lisk then moved that the City Attorney be instructed to prepare the proper measure amendifig Resolution No. 21039 or draft a new which are policy making bodies appointed by Council come under the provision of the ~welve hour notice filed in the Clerk's Office and that the matter of the twelve hour notice provision as it per~ains to all Other boa~ds, committees, commissions and authorities be left to the discretion of those bodies. The mo~ton failed for lack of a second. ~. Garland expressed the opinion that press coverage of each meeting may not be convenient to a committee but [he public has a right to know what the committee is considering. After discussing the matter at length, Hr. Thomas expressed the Opinion that the City Attorney should review the Virginia Freedom of Information ~ct and advise Council on the matter procedurally. Hr. Thomas then moved that the overall matter 'o£ compliance with the Virginia Freedo~ of Information Act insofar 'as It affects the Council of the City of Roanoke be referred to the 'city At'to,ney for analysis and report back to the body. The motion was seconded by Hr. Llsk and adopted by the fQllowinq AYES: Messrs. Garland, Llsk, Taylor, Thc~tae, Trout and Mayor Nebber .............................. 6. NAYS: None ...............0. (Mr. Hubard 'absent) There being no further bus~ness, Mayor Webber declared the meeting adjourned. APPROVED ATTEST; Deputy City Clerk Mayor COUNCIL, I~GUL,S,.RKEETING~ November 19, 1973. The Council of the City o£ Roanoke met in reqular meeting in the Council Chamber in the Hunicipal Building, Honday, November 19, 1973~ at 2 p.m.w the regular meeting hour, with Hayor Roy L. Webber presiding. pI~ESENT~ CounC}I~ Robert A. Garland, william S. Hubard, David K. Llsk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber ................................... 7. A~SENT: None ................. 0. OFFICE~S PRESENT: Hr. Byron E. Hanar, City Manager! Hr. James N. Klncanon, Clty Attor~ey~ Hr. B. Ben Jones, Jr., Assistant City Attorney~ Hr. A. N. Gibson, City Auditor. INVOCATION= The meeting was opened with a prayer by Councilman William S. Nubard. HINUTES= Copy of the ~/nutes of the regular meeting held on Monday, November 12, 1973, having been furnished each member Of Council, on motion of Hr. Trout, seconded by Hr. Llsk and unanimously adopted,-the reading thereof was dispensed with and the minutes approved as .recorded. HEARING OF CITIZENS UPON pUBLIC HATTEP~:_ COmmONWEALTh'S ATTORNEY: Hr. Robert F. R/der, Co=~onwealth~s Attorney, appeared before Council wlth regard to a supplement to the salary of his new assistant, Hr. David D. Walker, advising that the State Compensation Board has givan h~m an annual salary of $10,450.00 and'requesting a city supple- ment of $2,000.00, pointing out that Hr. Walker was hired with the complete understanding that he would e/%gage ~n no private law practice. Hr. Subard moved that Council concur in the request of the Co~nonwealth~s Attorney for said supple~aent a~d that the matter be refer~ed-to the City Attorney for preparation-of-the proper measure. The motion was seconded by Hr. Thomas' and onan~mously adopted. PETITIONS AND COMMUNICATIONS:. HOUSING-SLU!~ CLEA/~NCE-PLANNING: A Resolution adoptecl by the Trustees of the Central-l~oanoke Developm~t Foundation r~questing that Council express its willingness'to consider, if. necessary, participation in development Of parking for the Downtown East Urban Renewal Area, was before the bedy. Hr. Trout moved that the matter be referred to the City Attorney for preparation of the proper measure carrying nut the request of the Central Roanoke Development Foundation. The motion was seconded by Hr. Lisk and ~nenimously adopted. 291 ' 92 BUDGET-SCHOOLS~ A ~nication £ro~ the ~oanoke City School Board requesting that $2w059.60 be app~opriated to Haintenance of Equll~nent ~mder Section $5000, 'Schools - Pupil T~anspor~ation,' of the 1973-74 budget of the ~anoko City School Board, o~e hundred per cent of actual expenditu~ee to be reimbursed by federal fends since the above a~unt was deposited with the City ~easu~er on October 24, 1973, as ~scellaneous local funds, was before Council. H~. Tz~ut moved that Council concur in the request of the l~oanoke City SchOol Board and offered the following emergency Ordinance appropriating the requested funds: (121218) A~ ORDI~J~CE to amend and reordain Section $5000w 'Schools - Pupil T~ansportatlon,' of the 1973-74 Appropriation Ordinance, and providing (Pot full text of O~dtn~nce, see Ordinunce Book NO. 39, Page 3.) ~r. Trout moved the adoption of the Ordinance. The motion was seconded by ~-r. Thc~s and sdop2ed by the following vote~ ~a~or ~ehber ............................ 7o BUDGET-SCHOOLS: A co~nunicatton from the Roanoke C~ty School Board requesting that S20,01S.0S be appropriated to personal Services and $593.98 be appropriated to Health Services under Section $22000, 'Schools - P. Lo 89-10 Title l,' OE the 1973-74 budget of the Roanoke City School Board, advising that the car~-over of Urban Rural funds for 1972-~3 will be used to pay the City School Board and offered the following emergency Ordinance appropriating the requested funds: ($21219) AN ORDINANCE to ~end and reordain Section $22000, 'Schools - P. L. 8~-10, T~tle I,' of the 1975-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 3.) Mr. Thomas moved th~ adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: of Jails Section, D~ar~mant of Welfare and ~nstitutions, with regard to a routine inspection of the city jall on October 30, 1973, was before Council. Hr. Thomas ~ved that the cc~u~unicatlon be received and filed. The motion was seconded by Hr. List' and unanimously adopted, STI~KETS AND ALLEYS: A petition from Hr. W. H. Fralin, Attorney, re- presenting Hr, Ao T° Loyal, requesting that an abandoned road, formerly part of Colonial Avenue, So Wo ~ be vacated, diecont~nued and closed~ was before Council° Hr° List offered the following Resolution providing for the appoint- mant of viewers in connection with the request to vacate, discontinue and close said road: (121220) A RESOI~JTION authorizing and p~oviding for the city's appointment of viewers to view a portion of Colonial Avenue, S. W., as more fully described in a metes and bounds description. (For full text of Resolution, see Resolution Book No. 39, Page 4.) Hr. Lisk moved the adoption Of the Resolution. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubardt Lisk, Taylort Thomas, Trout and Mayor Webber ............................... ?. NAYS: None ......................0. Hr. Trout then moved that the request be referred to the City Planning Commission for study, report and reconnnendation to Council. The motion was seconded by Mr. Lisk and unanimously adopted. BUDGET-DEPARTMENT OF pUBLIC WELFARE: The City Manager submitted a written report in connection with overpayments in the publlc Assistance budget a~ounting to $2,681°00 and reco~unending that said $2,681.00 be appropria- ted by Council in order for that amount to be refunded to the State Department of Welfare and Institutions. Hr. Lisk moved that Council concur in the recon~nendation of the City Manager and offered the following emergency Ordinance appropr[ating $2,681.00 to Refunds and Rebates under Section %37, #public Assistance,' of the 1973-74 budget: (%21221) AN ORDINANCE to amend and reordaln Section S37, 'Public Assistance,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Mo. 39, Page 5.) Mr. L~sk moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, List, Taylor, Thomas, Trout and Mayor Webber ............................ 7. NAYS: None ...................0. SEWERS AND STORH DRAINS: The City Manager subm/tted a written report adv£stng that Ln accordance with the contract between the City of ~oanoke and the To~n of Vlnton under date of December 28, 1972, the Tovn of Vlnton, on September 1973, atarted delivery of its sewage to the City of Roanoke over and above the 600,000 gallon per day capacity of the Vlnton Sewage Trea~nent Plant, that by Ordinance No. 20185, the city granted to the Town of Vinton a credit of $135,000.00 for the Lrea~nent of the Tovn*e sewage, that the Ordinance specified that the credit was to be applied against the first $135,000.00 of charges made to the Tovnw cfl~nencing as of the date of actual comaenc~ent of the clty"s treatuaent of mall wastes of the area~" that since the city ts now treating only sewage tn excess of V~ntonts treatment capacity, the city Is not technically treating 'all wastes of the area,' that the city Is in receipt of a co~m~unica- tton from Hr. Ronald H. H~ller, Tow~ Manager of Vlnton~ requesting that Ordinance NO. 20185 be amended in or,er-to'allow the Town Of Vinton to take advantage of the credit from the date of any sewage treatment provided by the city for the Town of Vlnton, that this would make the credit terms of Ordinance No. 20185 effective September 13~ 1973, and recommending that Council amend Ordinance No. 20185 in accordance with the request of the Town of Vinton. Mr. Thomas ~oved that Council concur in the recomaendation of the City Manager and offered the followlng Resolution: (%21222) A RESOLUTION authorizing and agreeing that charges made to the Town of Vinton for certain sewage transmission and treatment services as provide~ for by Ordinance No. 20529 be treated and applied as offsets against the $135,000.00 contingent credit to said Town as approved by Ordinance No. 20185. (For full text of Resolutlon, see Resolutlon Book No. 39, Page 5.) Hr. Thomas ~oved the adoption of the Resolution. The motion was seconded by Hr. Trout a~d adopted by the following vote= AYES: Messrs. Garland, Subard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS: None ......................0. SEWERE AND STORM DRAINS= The City M~nager submitted a written report advising that Council by Ordinance No. 20589 authorized the City Manager to accept a proposal from Roy F. Weston, Incorporated, for professional services in connection with conducting studies preparatory to development of un industrial waste Ordinance, that the proposal of Roy F. Weston was speclfically to conduct the first two phases of a three phase project scope, the third phase to consist Of de,ailed composite sampling of the major industrial establishments contribu- ting to the Water Pollution Control Plant~ that the report of ROy F. Weston has been submitted in the preliminary form on the first two phases, however, the prellminary report states and identifies the scope and magnitude of the desired on-site composite sampling of certain industries as phase three of the overall project scope, pointing out that it is felt that the on-site composite sampling should he performed hy · £1rm located closer to the City of Roanoke primarily in order to establish a working relationship with a fl~m with which the city can easily communicate, and recc~m~_nding that Council authorize the City Manager to accept the proposal of Van Note-Harvey Associates, of Blacks- burg, Vlrginia~ in the amount of $24~000.00, to collect and analyze the composite samples of waste water from certain industries to determine which industries will need to pretreat their wastes. Mr. Thomas moved that Council concur in the rec~muendation of the City Manager and offered the following emergency Ordinance appropriating ~24,000.00 to Fees for Professional and Special Services under Section t90, 'Sewage Treatment Fund,' of the 1973-74 Sewage Treatment Fund Appropriation Ordinance: (t21223) A~ ORDINANCE to amend and reordain Section t90, 'Sewage Treatment Fund,' of the 1973-74 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 6.) Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Hessrs. Garlandt Hubard, hisk, Taylor, Thomas, Trout and ~ayor Webber .......................... ?. NAYS: None .................0. Mr. Trout then offered the followlng emergency Ordinance authorizing employment of Van Note-Harvey Associates: (~21124) A~ ORDINANCE approving and authorizing the employment of Van Note-Harvey Associates to collect and analyze composite samples of waste water from certain industries to deterlmlne which industries will need to pretreat their wastes, upon certain terms and provisions~ and providing for an emergency. {For full text of Ordinance, see ordinance Book No. 39, Page 6.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the followlng vote: AYES: Ressrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................ 7. NAYS: None ...................0. WATER DEPARTMENT: The City Manager submitted a written report with regard to a Joint Sanitary Survey Report prepared after a joint sanitary survey of the public water system of the city on Hay ~1 - 3, 1973, by repre- sentatives of the United States En¥iroemental Protection Agency and the Commonwealth of Virginia, Department of Health, advising that the city water system received an 'Approved' rating, that the report was generally compllmen- tary and trans~nitting three notable reco=~nendations which were made that will require Council% eventual action during future budget studies. 295 296 1~. ~hooas ~ovn~ that Council concu~ in ~e re~t o~ ~e c~t~ ~B~ Co~ll having ~efe~ed to ~e City ~age~ fo~ study~ re~t ~d ~ec~da~ ~e pro~sal o~ ~e ~oke p~llc ~lbra~ ~ard to provide libr~ se~lce to ~e resid~ta of C~aig Co~ty ~ereby a ~lonal libr~ systm~ ~e Citl ~age= s~tted a ~ltten ~t advising ~at bas~ on ~e lnfo~tla ~lt ~pl~tl~ of ~is ~bile pzog=~ c~ ~ ac~lished at no additional cost to ~e city ~d ~at assis~ce ~e State Mbr~ prog~ viii'be avall~le to def~a~ ~e cos~ o~ such a p~r~ It ~ul~ ~ recorded ~at Co~ll approve a contract ~i~ Co~ty to provide ~ese ~blle se~lces on a ~eekly basis. After a dlsc~ssto~ of ~e ~tter~ ~. ~rou~ ~ved ~a~ Co~cil concu~ ~ ~e re~t of ~e City ~naga~ ~d ~at ~e Cit~ Atrophy be to prepare ~e p~oper meas~re'p~oviding fo~ ~e ap~in~ent of additional to ~e ~oke P~lic L~r~ Board by o~er iu~isaic~ions cont~acting ~e City of ~aoke for libra~ se~lces. The ~tton ~as ~econded by ~. ~d ~o~sly adopted. SPECI~ PE~TS-IONING~ Co~cil having referred to the City ~nager for study~ re~rt ~ rec~endation a request of ~. and ~s. W. ~y Re. olds for ~ssion to o~rate a gift shop in ~eir h~e at 3~39 ~d- hill Avenue. N. W., ~e City ~ager s~tted a ~itt~ re~rt advising ~at ~e Zoning ordin~ce dealing wi~ home Occupations s~cifically states, 'there shall be no sales in co~ection wf~ such home occupation,' a~d rec~- mending ~at ~e fnt~t of ~e Zoning Ordinate to prohibit sales in co~ectfon wi~ home occupations be c~plled wi~ ~d ~at ~e r~uest of ~. and Reynolds be ~. W. ~y ~olds appeared before Co.cf1 in sup~rt of his re.est, advising ~at s~et~e ago he suffere~ a pe~ent breakdo~ ~at he has sp~t a great deal of t~e in occupational ~erapy at ~e Veter~'s Hospi~l ~d v~bally re~ested ~at he be allowed to sail ~ese hand ft~ in his h~e. Messrs. Garl~d ~d H~ard called att~tion to ~ose persons opera~ng repair shops ~ their h~s, advising ~at ~ese people charge a fee for se~ices r~dered by ~ ~ ~at ~ey c~ot see where ~ere is a great deal of ~ff~ce be~e~ ~at t~e of operation ~d ~at which ~. Re.olds is r~esting. After a discussion of ~e r~est, ~. H~ard ~ved ~at the City ~ager ~d ~e City PlYing C~ssion be re~ested to study ~e ~tter of ~ ~t to ~e Zoning O~ln~ce ~at would au~orize a dfs~led veter~ or a person wi~ s~e t~e of m~l or physical il~ess to sell ft~ in his home which said ft~ have be~ ~act~ed in ~at person's h~e ~d s~t ~efr re~rt ~d reco~atfo~ to Co~cil. The ~tion was seconded by ~. hisk ~d ~ously I! II U.SoSo ROANOKE-AUDITOI~UH-COLISEUH-PARKS AND P~YG~DS~ having r~ested ~t ~e City ~ager ~nfer w~ ~e Na~ ~par~t to ascer~ln what arr~g~ ~ght ~ ~=kea out ~n relation to display of ~e 8hlpts bell f~ ~e U. S. S. ~oke, ~e City ~ager s~itted a ~tten re~rt rec~d~g ~a2 ~e ship's bell be installed on ~e patio of the ~tn ~br~, advising ~t l~ Is ~lleved ~at ~e display of ~e bell at this locatl~ will tie ~ ex~a well wi~ ~e phot~raph oE ~e U. S. S. ~oke which Is already ~ display In ~e ~ln Llbra~ ~d ~at s~ect to the ~nc~rence of Co~cll~ It Is pro~sed ~at ~e bell be ~edlately displayed at ~ls site ~nd~g pre~ration of plus for ~ appropriate pedestal. Dr. Taylor ~ved ~at Co~cil concur ~ ~e ~e~endatlon City ~ager ~d that ~e ~tter be referred to ~e City Atto~ey for prepara- tion of ~e pro~r measure. The ~tion was seconded by ~. Lisk. In ~ls co~ection~ ~. Charles D. Fox~ III, speared before Cocci1 and advised ~at he.is not interested In ar~ing a~ut the location of ~e bell ~y longer, ~at If ~e City of Ro~oke does not w~t ~e bell it.can be dis- played at ~e Naval Rese~e ~a[n[ng C~ter~ stressing ~e fact that no one fr~ ~e c~ty a~nis~at~on conferred w~ h~ at ~y t~e as to a proper place ~ display ~e bell~ ~d fur~e~re, ~f ~ere ~s ever ano~er U.S.S. ~anoke, ~e ~11 w[11 ~ taken back ~ ~e Na~ ~par~ent ~d placed on ~at sh~p. ~. Th~s offered a s~stitute ~t~on ~at Co,cf1 take the ~tter ~der consideration as a C~ttee of ~e ~ole ~d that a decision on l~at~on for a[s~lay of ~e bell be ~de as s~n as ~ss~ble after the City ~nager has conferred w[~ ~. 'Fox ~d ~. Jo~ A. Kelley as to ~eir opln[ons for su[~ble locations to d~splay ~e shl~s bell. The ~t[on was seconded by ~. ~out ~d ~usly adopted. ~ter d~ng ~e meet~g, ~e C~ty ~ager advised ~at he discussed ~e ~tter at Z~g~ w~ Messrs. Fox and KeZZey~ ~at ~. Fox view ~e Civic C~ter site ~d ~e ~[n ~bra~ site ~d ~at ~. Fox w~11 later advise Co,cf1 as to which of ~e t~ sites he prefers. ~. Trout ~ moved ~at action on ~e ~tter next regular mee~ng of Co~cil on ~onday, Nove~er 26~ 19~3. The motion was seconded hy Dr. Taylor ~d ~usly adopted. RO~0~ V~: The City ~ager s~tted a ~tt~ re~rt ~n co~ec- tion w~ a c~cation from ~. W[11~ F. Clark, Roanoke cowry A~inistra- tot, ext~d~ng ~ ~v[tat~ to ~e m~ers of ~oke C~ty Cocci[ to ~et w~ ~e ~oke Cowry Board of Sure, sots to d~scuss ~tters of mural conce~, advising ~at ~ ~ss~ble dates are open, Nov~er 28th or 29~ an~ r~uest[ng ~at Co~c~l choose one of ~ose dates or ~nd[cate a desire for a revised date for sa~d meeting. 297 N~, T~ou~ staved ~hat; Council meet w~th ~e ~axd of of ~oke ~y on N~esday~ Nov~er 28~ 1973~ a~ 6~30 p.n, ~ a~ ~e Sal~ - ~oke Valle~ C~v~o C~e~. ~e ~tion ~as seconded b~ ~. ~d ~usl~ adoptS, - ' P0~ DEP~ ~e Cfty ~ager s~tted a ~itten re~ rec~ending ~at Co~c~l once again au~or~ze a sixty day per~ of extended sala~ ~ Officer W~II~ L. ~ling~ a ~l~ce oEf~cer who was ~njured ~n line o~ duty on ~y 27~ 1972.-" ~. ~sk ~ved ~at Co~cil conc~ ~n ~e rec~endation of the C~ty ~ager ~d offer~ ~e foll~ng Resolut~on~ - (~21225) A ~SOL~ION ratifying ~d approving the pa~ent of sala~ to Officer Wllli~ L. B~l[ng, a m~er of ~e Police ~par~t ~nj~ed ~n l~ne of duty, ~d au~or~zing ~d directing ~at he be pa~d his regula= sala~ for ~ additional-~r~ of s~xty days beg[~ing Nov~er 21, 1973~ (For full t~t of Resolution, see Resolution B~k No. 39, Page 7.) ~. Lisk ~v~ ~e adoption of ~e Resolution. The ~tion was seconded by ~. Garl~d ~d adopted by ~e foiling vote= A~: Messrs. Garl~d, H~ard~ Ltsk, Taylor, Tho~s~ Trout and ~yor Webber ............................7. ~YS~ None ....................0. A~I~-CO~SE~: The City ~ager s~tted a written re~rt in co~ect~on wi~ ~ agre~t w~ S. H. ~e[ron~s Co,any, Inco~rat~, relative to ~e sale of tickets for events at ~e Ro~oke Civic Center, advis- ing ~at ev[d~tly ~e agre~t was ext~d~d fr~ F~a~ 25, 1972, to Februa~ 25, 1973, h~ever, to date no action has been t~en to extend agre~t beyond ~at date, rec~ending ~at Co~c~l eider ~end ~e existing agre~t to ext~d ~is se~[ce for ~o~er year, or ~at it would seem ~re feas~le to extend ~e se~ice for live years w~ ~e option of el~er party to te~ate ~e agre~t u~n proper ~d due notification. ~. L[sk ~ved ~at Co~c~l concur in ~e re~rt of ~e C~ty ~nager ~d offered ~e roll,lng ~ergen~ Ord[n~ce: (~2~226) ~ O~IN~ au~or[z~g ~e execution of an agre~ent w~ S. H. Heiron~us C~y, Inco~rat~, relative to ~e sale of t[~ets for evers at ~e ~oke Civic C~ter~ u~n certa~n:te~ ~d cond~tions~ ~d provid~g for ~ (For full text of Ord~ce, see Or,in,ce Book NO. 39, Page 8.) ~. Lisk ~v~ ~e adoption of the Ord[n~ce. The mot[on was seconded by ~. G~l~d ~ adopted by ~e following vote: AYES= Messrs. Garl~d~ H~d~ L[sk, Taylor~ ~s, Trout and ~yor W~ber ........................... 7. ~YS: N~e ................... 0. 299 BUDgET-SALE OF PROPeRTY-CITY ENGINEER~ The ~sist~t C~ty ~t~ey s~tted a ~tt~ re~rt advising ~at b~ Ordin~ce No. 21155 Co~cil direct- ~ens to p~chase a ce~n 15.368 ac~e ~ac~ of l~d s~tuate on ~e sou~ line of Syc~re Argue fo~ use in ~e ~nst~c21on ~d develo~nt of ~e ne~ se~tce c~ter facility, ~ah It n~ ap~ars ~ak ~e fee s~ple title 1~ ~s held in ~vid~ interests b~ n~rous ~rsons, s~ of wh~ are in- ~2s ~d o~ers ~ng nonresid~ts oE ~e C~n~eal~ of V~rginia, and, f~er, ~ere ~y be p~ties tn ~teres2 o~er assert s~e ~terest In said l~d, that In order.~at ~e city obtain title to said property at ~e earliest ~ssible date, ~t au~orlze ~e C~ty Atto~ey to acquire sa~d pro~rty by &nstitutlng cond~a- t~on pr~eed~gs. '~. ~s ~ve~ ~at Cocci1 conc~ ~n ~e re~rt of ~e Assistant City Atto~ey ~d offer~ ~e foll~ing ~ergen~ Ordln~ce provldlng for cond~at~on pr~eedlngs = {~21227) ~ 0~I~ au~orizing ~d directing ~e c~ty~s a~utsltlon of ~e fee s~ple title to a ceftin tract of l~d whlch was au~ortzed to be p~chased by Ordln~ce No. 21155, w~ted ~d needed for p~l~c p~ses ~n ~ect~on w[~ the new Se~[ce Center fac[lity~ and providing for ~ ~ergen~. (For full text of Ordin~ce, see Ordin~ce B~k NO. 39, Page 9.) ~. ~s ~v~ ~e adoptlon of the Ord~n~ce. ~e ~tlon was seconded by ~. T~ut ~d adopted By ~e following Vote= A~S= Messrs. G~l~d, H~d, L1sk, Taylor~ Tho~s, Trout ~yor Webber .............................. ~YS: None .....................0. ~. ~sk ~ offered ~e foll~Ing ~ergen~ Ordln~ce tr~sferring $360,000.00 fr~ Vocational Teen,ca1 C~ter to Se~ce center ~der ~sfers Wi~ Capital l~rov~n~s ~d o[ ~e 1973-74 budget= (%21233} ~ 0~ to ~end and reorda~n 'Tr~sfers Wi~in ~p[~l ~prov~ts F~d," of ~e 1973-74 Appropriation Ordinance, and provid- &ng for ~ ~rg~. (For full t~t of O~ce, see Ordln~ce Book NO. 39, Page 15.) ~. ~sk ~ved'~e adoption of ~e Or,in,ce. ~e ~t[on was seconded by ~. ~ut ~d adopted by ~e fo11~lng vote~ A~S~ Messrs. Garl~d, H~ard, Ltsk, Taylor~ Tho~s~ Trout ~yor W~r ............................ ~YS = None ........~ .......... 0. A~ITS= ~e City Auditor s~tted a fin~cial report for ~e ~n~ o[ ~tober, 1973. 300 Dr. Taylor moved that the report be received end filed. The ~otlon was seconded by ~tro T~out and unanimously adopted, DEPARTHI/:NT OF PUBLIC ~ELF~ The City Auditor sulmitted a monthly statement of expenditures for public welfare for the month ended October 1973 o Mro Lisk moved that the statement be received and filed. The motion was seconded by Mr. Trout end unani~ously adopted, I~EPORTS OF COH~TTEES ;' PARKS AND pLAYGROUNDS: The Real Estate Core, tree submitted the following reportage1 cenncct~on'~with:a cooperation agreement between the City of ~oanoke and the Co~aonwsalth of Virginia~ D~partm~nt of Conservation and Econ~ie Development, Division of Parks, providing for the use by the general public of a portion of the Appalachian National Scenic Trail as a pedes- trian path: 'Nove-~J0er 19, 1973 The Honorable Mayor and Members Of Roanoke City Roanoke ~ Virginia Gentlemen: Through the Mayor of the City, the City of Roanoke has been offlcially approached by the State Department Of Conservation and Econo,dc Development, Division Of Parks, to enter into a g~neral cooperative agreement with that Department under the terms of which that Portion of the c=est of Tinker Hountain which is owned by the City and is within the boundary of its Carvin$ Cove Watershed area would be designated as a part Of the Appalachian Trail. It has been pointed out that there is more Trail mileage in the Commonwealth than in any other state and that Roanoke is the only city of its size. on the entire 2000-m~le route that is within such close proximity to the Appalachian Trail. This National Scenic Trail being threatened by advancing civilization in many areas, the 1971 Special Session Of the General Assembly enacted legislation to protect the Trall and ~mprove those areas already affected and, in so doing, authorized the State Department of Conservation and Economic Development to enter ~nto cooperative agreements with property owners intended to accomplish the abovestated purposes. Mayor Webber referred to the Councills Real Estate Committee the ~nquiry received from Co~ma~ssioner Bolen and the Committee has nOw held conferences with representatives of the abovanamed Department and, as well, sought the advice and-recommendation of Mr. K. B. Kiser, now Director of Utilities and Operations, for~mrly Manager of the Water Department. Resulting from those meetings and upon consideration of the matter, your Real Estate Co-~,{ttee recon~ends to tho City Council thata 10-year agreement be-entered ~nto by the City with the Department in the prem~ses~ the terms of which agreement are set out in' the proposed form of agreement which accompanies this report, the City being referred to as the Conferer and the Department of Conservation and Economic Development, Division of Parks, being referre~ to as the Conferee. The agreement authorized the establi~bment of a part of the Appalachian National Scenic Trall along a 200-foot wide strip or right-of-way, measured 100 fe~t on the horizontal on both sides of the cunterline Of the established Trai~, approximately 31,000 feet ~n ~ength° In as much-as ~uch agreement may not be entered into on behalf of the City without express authorization of the City Council, there is transmitted herewith an ordinance prepared by the City Attorney, the adoption of which is unanimously recoe~ended by your Real Rstate Respectfully, S/ David K. r.isk David R. T,4sk; Chairman Real Estate Cc~Ltteeu Hr. Lisk moved ~at Council concur in t~e report of the Real Estate Committee and that the following Ordinance be placed upon its first reading: (%21228) AN OI~DINANCE authorizing the execution of a Cooperative Agreement between the City of Roanoke and the Commonwealth of Virginia, Depart- ment Of Conser~ation and Economic Development, Division of Parks, providing for the use by the general public of a portion of the Appalachian National Scenic Trail as a pedestrian path, upon certain terms and provisions. W~REAS, the Real Estate Conmdttee has advised the Council that the Commonwealth of Virginiam through its Department of Conservation and Economic Development, Division o£ Parks, desires to assure preservation of the Appala- chian National Scenic Trail for public use and enjoyment in the matter of providing a route for such trail, a portion of which will meander through property Owned by the City, and has recommended that the City enter into a Cooperative Agreement with the commonwealth in which recommendation the Council concurs o THEI~EFO~E, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the city Clerk are hereby authorized to execute and to seal and attest, respectivelym for and On behalf of the City, a Cooperative Agreement with the Commonwealth of Virginia, Department of Conservation and Economic Development~ Division Of Parks, so as to allow the general public the right to use as a pedestrian path a certain 200-foot strip or right of way, measured 100 feet on each slde of the centerline of the established Appalachian Trail, for approximately 31,000 feet in length, as the trail meanders in and out of certain property belonging to the City, for a term of ten (10) years, such Cooperative Agreement to be upon such reasonable terms, protective of the City's interest, as the City Manager may determine, to be substantially in the same form as the Cooperatlvo Agreement ~ransm/tted with the Real Estate Commit- tee~s report to the Council of November 12, 1973, and to be otherwise upon form approved by the City Attorney. The motion was seconded by Hr. Trout and adopted by the following AYES: Hessrs. Garlandt Hubard, Lfsk~ Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS: None ......................0. JUVENILE DETENTION HOME: Dr. Taylor, Chairman Of the .Juvenile Detention Facilities Study Com~/ttee submitted a written report advising that Council 301 previously a~opted l~solutlon.No, 21080 zeques~ng ~hat the s~e appFove and a 21 b~ facllit~ ~ a 36 bed faollity~ ~ab ~ls r~esb will be presented ~ ~e State ~d of ~elf~e ~d Ins~butl~s on ~esday~ ~e ~solut~on w~11 ~ ac~led by a re~dation f~ ~e Division of You~ Se~lces ~ab ~e ~l~g~t be only la ~e ~t of ten beds~ which ~d ~e a ~al of 31 b~s~ advising ~at wl~ ~e approval of Co~c~l he will ap~ar ~fore ~e S~te ~d bo s~ la behalf o~ of ~e clt~ ~d ~o p~es~ ~e nee~ fo~ ~e fifteen additional beds plea of ~e ~lty fo~ ~e c~gab~on o~ ~e s~a~e In est~llshlng a less sec~e deb~tion faclltt~, ~nbing out ~a~ ~e clb~ also needs ~he coo~ration and pa~blcipablon of ~e n~be in esk~llshing ~ outreach det~on ~ additional Resolution pledging ~e city's c~plebe c~pera~ion ~d ~has~zing ~e c~y's w~ll~ess to pa~clpabe In ~e e~sion pr~ as ~e~ded Dr. Taylor ~V~ ~a~ Co~c~l con~ ~n ~e re~g~ o~ ~e Juv~lle ~t~on FacUlties 8tu~ ~ttee ~d offered ~e follow~n9 Resolu~ion~ (~212291 A.~OL~ON ad~essed ~o ~e S~a~e ~a~d of ~elfage ~d ~stitutlons of ~ C~n~l~ of V~rg~a, ~dorslng ~e need for ~s~on of ~a C~ty~s Juvenile ~t~tion H~ facilities so as to provide at least 36 be~s for Juvenile detainees, ~d c~tt~g ~e city to c~rta~n assur~ces ~ co~ect~on (For full t~t of Resolution, see Resolution B~k No. 39~ Page 10.) Dr. Taylor ~ve~ ~e a~opt~on of ~e Resolution. ~e motion was se~nded by ~. T~ut ~d a~o~te~ by ~e fo~low~ng A~S: Messrs. GarliC, H~ard~ L~sk, Taylor~ Tho~s~ T~ut ~yor Webber ............................. ~YS = N~e ....................0. WA~R D~= Co~c~l hav~ng referred to ~e Water ~sources ~ttee for stu~y~ re~rt ~ rec~at~ a Resolution adopted by ~e Be~for~ Co~ty ~ard of Supe~sors on Au~st 13, 1973, requesting that ~e C~ty of ~oke supply water for ~e Par~ay E~tes S~d~v~slon V~rg~a~ ~e ~ttee s~tted a ~itt~ report advising ~at ~t ~s ~e ~us red,damon of ~e co~ttee ~at Co~c~l adopt a ~solut~on e~ressing to ~e Bedford Co~ty ~ard of Supe~sors ~e w~ll~n~ess of ~e C~ty of ~oke to se~e ~s property wi~ ~e s~lus water c~ty all ~n accord~ce w~ ~e prov~sions of ~le 38 of Section 5, Chapter 1, Title X~I of ~e C~e of ~e C~ty of ~oke, 1956, as ~de~, ~ ~at a fur~er stipulation for ~s water se~ce ~s ~at ~e d~velo~r rese~a ~ dee~ ~ ~e c~ty a ~act of 1~ for a furze water storage rese~oir~ ~e exact location ~d ~escr~pt~on of ~s ~act of 1~ to be ~d~tif~ed ~ agree~ u~n betwe~ ~e c~ty ~ ~e developer. Mr, Thomas moved that ~ouncil concu~ In the Eeport of ~e ~ater ~so~ces C~ttee ~d offered ~e foll~ng Resolut~on~ (J21230) A ~SOL~IOH a~ressed to ~e ~ard oE Sure, sore o[ ~ty Of Bedford relative to ~e cityts supply~g s~lus water to residents o~ ~ area ~ (For full text of ~solut~on~ see ~solut[on ~k No. 39, Page ~. ~s ~ved ~e adoption of ~e Resolution. ~e ~t[on was second~ by ~. H~ ~d adopte~ by ~e foll~g vote= AYES: Messrs. Garl~ H~d~ Lisk~ Taylor, ~s~ Trout and ~yor Webber ............................ ~YS~ None ................... 0. CI~ ~-CI~ C~R~ The Charter Ch~ges Co~ttee s~tted ~e fo11~[ng re~rt re~est~ng ~at Co~cil acting as a Co~ttee of the ~ole consider ~d decide u~n certain ~n~nts to ~e City Charter relating to ~e 'tnte~al auditor~' ~e 'd~rector of f~nance;' elim~nation of the present redirect ~at Co~cil 'conf~m' by a ~jor[ty oE ~ts m~ers all aperients by ~e City ~ager of depar~t heads~ and ~n order to ac~ate rec~t ch~ges ~n general law ~d extensions of ~e . city's ~dar~es by ~exat[on, provisions ~n the present Charter relating to ~e foyer m~c~l co~t ~d ~ts clerk ~d to ~e extra-territorial jur~s- ~c~on of ~e ~t~ to ~e juv~[le ~d domestic relations court and to ~e 1952 descr~p~on of ~e ~ co,rate ~dar~es of ~e city need to ch~ged by re~al or ~nt of ~ose sections o~ ~e Charter which are no longer curr~t: 'Nov~er 19, 1973 ~ ~YOR ~ ~E~ OF ~ CI~ CO~CIL .~e ~ter ~ges C~{ttee has held severa~ meet~gs to d~scuss various ~ters referred t~ it by ~e Cocci1. It is rec~zed ~at t~e ~s of ~e essence due to ~e fact that the City Atto~ey ~uld need prepare necessa~ papers for ch~ges desired by ~e coucil, effect p~ltcation of desired ch~ges, advertise p~lic hearings ~d ~t papers to m~ers of ~e ~eral Ass~ly by ~d-Dec~er~ ~erefore, ~e Comittee re- spectfully re~ests ~e Co~c~l, as a C~ttee of ~e ~ole, to ~ns~der ~d decide u~n ~e foll~ing ~tters as s~n as ~ss~le: (1) ~ ~t of ~e preset ~arter so as to re~ire or to ~t~ as ~e Co~c~l should decide, est~lis~t as ~te~al br~ches or offices of ~e m~icipal gove~ent a *director of f[n~ce* ~d ~ *~nte~al auditor,' ~d w[~ or wi~out ~e duties ~d res~ns~ilities n~ i~sed ~der ~e ~ter on ~e City Treasurer, ~e co~ssioner of Revenue ~d ~e C~ty Auditor. (2) ~ ~t of ~e ~arter t0 specify ~e duties of ~e · direc~r of f~ce* ~d ~e *~te~al auditor,~ ~f so vided. (3) ~ ~t of ~e ~ter so as to el~nate ~e pre- - s~t re~t ~at ~e Co~cil ~conf[~, bY a ~jor~ty of its ~ers all ap~in~ts by ~e City ~ager of de- posit heads. The net effect of ~is reco~dation would be ~at Cocci1~ ~uld cont~ue to appoint ~e City ~nager, ~e ~sis~t City ~ager, ~e City Clerk, ~e City Attor- ney, ~e Inte~al Audi~r ~d, dep~d~t u~n ~e Co~cil*s decision, ~e Director of Fin~ce. [4) Whether or ~o~.t~e~Counell WoUld de,ire the'Director of Finance to be ~ec~ly ~de~ ~1 of. ~e ~cil oF crea~ as a ~si~l~ of ~'a~l~a~ ~siS~ Cl~y ~ager~ ~de~ g~al law ~ ~si~s o~ ~e Cl~*s ~dar~es b~ ~e~lon~ co~ ~d l~s clerk ~d ~o ~e ~a-~er~ltorial 3~lsdic~lon o~ ~e ~ ~o ~e ~u~lle ~ drastic ~ela~i~s cour~ ~d ~o ~e ~ ch~ed by re~al o~ ~n~ of ~ose sections vhlch ~e no l~ge~ ~en~. ~e c~t~a ~es~ ad,tidal ~ to e~lo~e fuE~er ~e mtters in, lying ~e asses~t ~d ~llection of City f~as as it ~elatea to ~e a~nis~ation of sai~ ~lttee viii c~thue its iellberati~s in ~ls regard and ~e~t to ~e Co~cil at ~e e~liest ~ssible date. ~sp~tfully s~tted ~ S/ H~on W. ~s S/ Byron E. Haner H~ton W. ~s, ~al~ Byron E. Haner S/ J. N. K~c~on S/ A. N. G~bson J. N. Kinc~o~ A.N. ~. Th~s ~ve~ ~at ~e re~rt be t~en ~der adv~s~t and refer- red to Cocci1 acting as a C~ttee of ~e ~ole for d~scussion after ~e re~lar Co~c~l meeting ~ M~day~ Nov~er 19~ 1973. The ~t~on was seconded S~ ~ S~ D~NS= Co~c~l having referred to a co--tree for ~bulat~on, re~rt ~a reco~dation ~e bid~ received for e~s~on of ~e Sewag~ ~ea~t Pl~t (Con~a=t E), ~e ~*ttee s~tte~ ~e follow~g re~rt read, ding ~at ~e pro~sa~ of J. W. Bates~ C~y, Inco~orated, & Centex ~ra~on~ a Joint V~t~e D~ J. W. ~ CO~ for cons~c- t~on of a 14 MGD Second~ Pl~t ~t~o~, Nl~ficat~o~ Facilities, D~gesters, ~ers ~ a 35 MGD Tert~a~ ~ea~nt Pl~t at ~e Sewage Trea~ent Pl~t ~der Con~act 'E'~ ~ ac~rd~ce wi~ ~e city's plus an~ t~ons ~erefor, be accepted~ conditioned on approval of ~ ConSol ~ard ~d ~e ~viro~tal P~tect~on 'Nov~er 19, 1973. Honor~le ~yor ~d City Co~c~l ~oke, V~rg~n~a ~ntl~ ~ ' roll,lng proof adver~s~t, b~ds were ~eceived l~cly o~ed ~d read before C~ty ~c~I at ~ts s~c~al meeting on We~es~y~ Nuv~ 7~ 19~3~ at 2 ~.m., for ~e const~ct~on o~ ~n~act E~ ~e 14 ~11~on-gal~ per ~ay seconda~ ~ston ~d ~e 35 ~11~on-gallon per day terti~ facilities at ~e C~ty~s sewage '~ea~ent pl~t. Five b~ds were received~ with ~e 1~ b~ ~ ~e'~t of. $21~839~000 being 's~tted by J. W. Bateson C~y~ Ink--rated & C~t~ ~oratlon, a Jolt V~- t~e D~ J. W. Bateson C~y of Dallas, T~as. A t~ulatlon of ~e bids received ~s at~ched. Yo~ b~d =~ttee ~as ~t w~ representatives of ~e J. W. Bateson ~y ~a has received all '~fo~t~on ~rom ~e f~ which, was r~ested. ~e C~ty~s ~g~neers, ~ .~ick ~d H~son, have reviewed ~e tec~cal as~cts of a~l bids received ~d have reviewed ~e ~al- ~f~ca~s of ~s c~y. I hav~ be~ a~v~sed 305 Do E. Eckmann of ~lvo~dw B~dick and Hmeson that they are fo~ardlng a letter to ~e,Clty receding ~a2 ~e l~ bid s~tted by ~e ~. W, Bateson ~y~ Inco~rat~ ~ Centex Co~ration be accep~e~. ~. ~ser~ Dlrec~r of Utilities ~d ~erat~ons, ~d ~. ~hee, ~s~st~2 City ~ager~ have ~h ~e S~te Wat~.~l' ~ard G~ Section s~ff conceding ~e bids ~ece~v~. ::~. S~ns has advLse~ us ~a2 ~e State 28, 1973, ~ rill ~e~n~ to ~a2 ag~ ~a2 ~8 proJech be c~letel~ [~de~. ~ltl~ally~ ~. S~ns advised us ~e full S~te ~ater ~n~ol ~d a2 ~ts ;e~lar meeting on ~c~e~ 10 ~d 11~ 1973~ ~a2 ~e S~te provide co~lete f~d~g fo~ ~ls p~ject. In orde~ 2o get c~lete f~dlng, ~ ~ill be necessa~ to receive from ~A ~ ~n~2 ~o ~e gr~t. This ~en~ent ~uld ~crease ~e to~l project cost fr~ ~15,473,387 to $26,745~744 ~d ~uld increase F~eral $11,471~250 to $19,925,530, State pa~t~cipation from ~ 1,529,500 ~ $ 2~656,737~ ~d C~ty participation fr~ $ 2~472~637 to $ 4~63~477. A detailed breakd~ of ~ese ~sts Is attached to ~ls re,rt. ~e City has sufficient f~ds for ~ts share of ~e pro~ect ~st. It ~s ~e c~ttee~s fecundation ~at~ 1. C~ty Co~c~l award a con~act to p~y~ Ink,rated & C~tex Co~ratlon~ a Joint Venture ~e ~t o~ ~21,839,000, ~e award to be conditioned u~n ~e approval of the bl~der~s pro~sal by bo~ ~e State Water Con~l ~d ~ ~e ~viro~ntal Protection Agen~ an~ u~n ~e approval of a gr~t ~t by ~e State Water Con~ol B~r~ ~ ~ ~viro~tal Protection Agency, which gr~t ~ent ~uld ~ncrease ~e total project cost and Federal ~ State ~ City participation as out- lined ~ve. 2. ~at all o~er b~ds receive~ be held ~e proof app~val ~r~ ~e State Water Control Board an~ ~e ~viro~l Protection Ag~ ~s received by ~e C~ty ~ ~e appropriate contract ts ~xecuted between ~e City ~d ~e J. W. Bateso~ C~any~ ~nco~orate~ & Centex Co--r- at,on at ~ich t~e the o~er blds could be rejected. Respectfully s~tte~, S/ Byron E. H~er ~ron E. H~er, Cha~ S~ H. H~hee, II~ S/ H. S. Z~e~ S/ C. L. Gut~hall H. S. Z~e~ C.L. Gutshall S/ H~pton W. ~o~s S/ J. N. K~nc~on H~pton W. ~s J~es N. K~nc~on S/ Kit B. K~t B. Kiser" ~. L~sk ~ve~ %hat ~e re~rt be receive~ ~ filed. ~e ~tion was secon~e~ by ~. ~s ~ ~usly ~. ~s ~en offere~ ~e ~oll~g ~ergen~ Or~n~ce accepting ~e pro, sa1 of ~. W. Bateson C~y~ lnco~orated, & Centex Co,ration, a Jolt V~t~e D~ J. W. ~SON CO~ (~21231) ~ O~I~ accepting the pro, sa1 of J. W. Bateson Co~y, ~c.~ & C~t~ Co,ration, a Jolt V~t~e DBA J. W. Bateson Co~y, of Dallas, T~as, for const~ct~on of a 14 MGD Seconda~ Pl~t Addition, Nltriflca~/on Facllit~es, Digesters, Thickeners end a 35 MGD o Trea~t Pl~t at ~e Cl~y*s Sevage ~ea~t Plant ~deF Contract te~ ~ ~ditions, ~ c~l~ally a~lng a contract au~orlz~g ~e pro~ clt~ officials to e~e~te the re~s~te contract fo~ su~ const~c~on u~n ~ece~pt ~ app~oval ~ereo~ b~ s~te ~d federal ag~cies~ ~d p~ovld~g fo~ ~ (FOr Eull tex~ O~ Or~n~ce~ see Ord~ce ~k ~o. 39~ Page 12.) ~. ~s ~ved ~e adoption of ~e Ordin~ce. ~e ~tlon ~as seconded by ~. ~u~ ~d adopted by ~e follo~ing vote~ A~: Hessrs. G~d~ H~d~ ~isk~ Taylor~ Th~s~ Trou~ and ~yor Webber ............................. ~YS = None ....................0. ~CIP~ BUI~XNG= Cocci1 having referred to a c~ttee for tabula~on~ re~rt ~d recordation ~e bids which were received for f~lsh~g ~d ~nstalling ca.et for use ~ ~e Juvenile ~d ~mest~c Relations Co~ In ~e ~ird S~eet Building, ~e c~ttee s~tted a ~ftt~ re~rt advis~g ~at no bids were received for ~e custom fu~lshings, m~ding ~at ~is division be readvertised for bids, rec~ending ~at 1~ b~d of C~s C~ets, ~ ~e ~t o~ $2,679.50 for ~e ca~et~ng be accepted, receding ~at ~e bid for ~e morale f~lture ~ rejected ~d ~at ~e ~v~le f~it~e be readvert~sed for bids at a later date. ~. Th~s ~ved that ~cil conc~ in ~e re~rt of ~e co. tree ~d offered ~e foll~ing ~ergen~ Ordinate= (}21232) ~ O~X~ prov~dlng for f~shlng ~d ~nstalling ca~et for use ~ ~e Juv~le ~d ~astic Relations Co~troo~ in the Third S~eet BulldOg by accept~g a certain p~sal ~de to the city for ~e supply of s~e~ u~n certa~ te~ ~d conditions; re~ecting o~er bids ~de to ~e city~ d~rect~g ~at ~e C~ty ~ager readvert~se for for fu~ishing ~d insta11~ng-custom f~sh~gs ~d ~v~le fu~it~e for said co~; ~d providing for ~ ~ergen~. (For full text of ~din~ce, see Ordin~ce B~k NO. 39, Page 14.) ~. Tho~s ~ved ~e adoption of ~e Ordin~ce. The motion was seconded by ~. Trout ~d adopted by ~e foll~ing vote: A~: Messrs. G~l~d, H~ard~ ~sk, Taylor, ~o~s, Trout and ~yor Webber ....................l___h ........ ~YS = None ........................ 0. P~SIONS: The ~d of T~stees of ~e ~ployees~ Retlr~ent Syst~ s~tted ~e fo11~g re~rt rec~nding ~at Cocci1 favorably consider c~ng ~e Police ~d Fire P~sion Syst~ w~ ~e ~ployees Retlr~ent Syst~, ~ to b~efit from ~e reduction in ~e a~ual appropria- tion ~d to effect a ~re efficient a~n~s~ation of ~nsion pa~ents to retir~ ~ployees: 3'07' "November 19, 1973 Honorable Ha¥or and city Council Roanoke, Virginia At its n~e~g hel~ ~y 7, 1973, ~e Co~cil ~eceived a re~zt ~e ~loyeeat ~r~nt Syst~ of ~a city of ~oke. o~er ~gs~ ~e ~noll ~as advised ~at ~e ~ard vas stud~lng ~e ~ssibllity of ~rging ~e Police ~ Fire Pension Syst~ wi~ ~e ~loyees~ ~tl~t Syst~ in order ~at furze b~efit increases givu to ei~e~ group of retirees ~der ~ese syst~ ~uld ~ ~al should such inc~eases be grated. Also~ ~ provide ~at p~es~ m~e~s of ~e Police ~d Flze Pasion Syst~ ~uld have ~e option of zetirh9 ~der ~e syst~ vhich ~uld p~vlde ~e lugest b~efit vl~out ~hg con~ibvtions to the ~his ~tter ~as referred to ~orge B. Buck, Consulting ~les, Inc., to c~ute ~e additional con~ibutions necessa~ to be ~de to ~e ~ployees~ letir~nt S~st~ by the City of for ~ ass~tioa of ~e ll~lliti of ~ old Police ~ Fire Pen- eion Syst~ ~d to ~aft ozd~ces to effect ~e ch~ge. It dete~ed by ~e a=tua~ ~at ~ ~ual contribution of ~216,015.00 ~uld be necessa~ ~ls compares lairdly ~lth c~rent approp~ia- ki~ to ~e ~eral F~d of $297,000.00 for pa~ent of ~sions to retirees In ~e Police ~d Fire P~sion Syst~. In effect, the Re~r~t Accost in ~e G~eral F~d ~uld be reduced on ~is ~sis by $61,000.00 ~ually. ~e ~ard reco~ends ~at the Cocci1 lairdly consider c~ining ~e t~ syst~, ~th to benefit ~e reduction in ~e a~ual appropiration ~d to effect a more effl- ci~t a~nistration of p~sion pa~ents to retired ~ployees. The ~d is of the opinion at ~is t~e ~at no increase ~sion benefits should be reco~ded but will continue to study ~is ~tter. Respectfully S/ A. N. Gibson A. N. Gibson~ Secrea~-Treas~er ~ard of ~stees ~ployees~ Retir~t Syst~' The City Auditor r~ested ~at Co,oil defer action on ~e proposed Or~in~ce due to certain tecMicalities which need to be checked. ~. Trout ~ved ~t Co~cil concur in ~e re~rt ~d refer the pro~sed Ordln~ce back to ~e City Atto~ey for f~ther study and changes if necessa~. The ~on was seconded by ~. Tho~s ~d ~ani~usly adopted. ~INIS~ BUSI~SS = NO~. CONSIDE~TION OF C~: NO~. I~RODU~ION ~D CONSIDE~TION OF O~IN~S ~D ~OL~IONS: P~ING: ' Ord~ce NO. 21213 providing for ~e dedication of certain l~d for p~lic street p~ses out of ~ts 14 and 15~ Block 1, as sh~ on ~e J. E. ~9 ~p, and providing for ~e consolidation of the residues of each said lot into a s~gle n~ lot, ~der provisions of the city's ~nd S~ivislon Ord~ce, hav~g previously been before Co~cll for its first read~g~ read ~d laid over~ was again before ~e ~dy, ~. ~out offering ~e foll~ing for its second reading ~d final a~option= (%21213} ~ 0~I~ provid~g for ~e dedication of certain l~d for p~lic s~eet p~ses out of ~ts 14 ~d 15, Block 1, as sh~ on ~he ~, E. Long Hap, and prov~dincj for ~he consolidation of the rest. dues of each said lot ln~ a s~le n~ lot, ~der ~r0vlslons of ~e city's ~d S~lvlslon ~dln~ce. (For full text of Ord~ce~ see Ordinance B~k No. 39, Page 1.) ~. ~out ~ve~ ~e adopt~ oE ~e Ord~ce. The ~t~on was seconded by ~. ~s ~d a~opted By ~e foll~ng A~S~ ~ssrs. G~1~d~ ~d, L~sk, Taylor, ~s~ Trout ~yor Weber ............................ ~. ~YS ~ N~e ................... 0. S~S ~ ~YS= ' Ordinate No. 21214 au~or~z~ng ~e d~s~sit~on of a cer~n s~p oE l~d fo~rly c~r~sing a ~rt~on of ~ntvale S. W., vacat~ ~d closed hy O~n~ce No. ~0975, u~ ceftin te~ con~lons ~d prov[s~ons~ having previously been before Co~c~l for ~ts first reading, read and la~d over, was again before the ~y, ~. Trout offering the follow- lng for ~ts second read~g ~d final adoption= (~212~4) ~ O~IN~CE au~or~z~g ~e d[s~sit~on of a certain s~ of l~d fo~erly c~pr~s[ng a ~rt~on of ~ntva[e ~oad~ S. W. ~ vacated, ~d ulosed by Ordin~ce No. 209~5, u~n certain te~, conditions provisions. (For full text o[ O~n~ce, see Ord[n~ce Book No. 39, Page 2.} ~. Trout ~ved ~e adop~on-o[ ~e Ord~ce. The ~tion was seceded by ~. ~s ~d a~op~ed by ~e ~oll~ng vote: AYES: Messrs. Garl~d, H~ard, L~sk, Taylor, Tho~s, T~ut ~yor Webber ............................. ~YS: None .................... ~TIONS ~D ~SCE~OUS BUSI~SS: S~ OF PROPE~: ~, B. W. Porterf~eld appeared b~fore Co~cil ~n co~ectlon w~ his offer to p~chase city-~ed property described as ~t 11, Official Tax No. 1130509, located ~ed~at~ly adjac~t to ~ro~rty ~ Messrs. B. W. ~d T. C. Porterf~eld on 8~ Street, S. W, ~. Lisk advised ~at ~is ~tter has be~ before ~e Real Estat~ ~ttee ~d ~at a re~rt fr~ ~at c~ttee will be co~ng to Co~cll at ~ts next r~ular meet~g on Monday, Nov~ 26, 19~3. CO~ Cocci1 at ~ts last r~la~ meeting on Monday, Nov~er 12, 19~3, having r~ested ~at ~e C~ty Atto~ey s~m[t a report relatlve to ~e overall ~tter o[ c~l[~ce w~ ~ Virginia Freedom Info~t~on ~t ~nso[ar as it effect~ ~e Co~c[[ of ~e C~ty of ~anoke relative to ~o~c~t of c~ttee meetings ~n advice to ~e p~1~c, H~d pres~ted a co~[cation advising ~at ~nce Co~c~l ha~ ap~ted a ve~ c~et~t five m~r c~ttee to study ~e various facets of operations as well as ~e O[f~Ces of ~e City Clerk ~d ~e City Atto~ey he tmuld suggest that this ~atter also be referred to that colittee with the request that it give Council its views as to what public notice, if any, should be given as to the meetings of the various Boards, Authorities, Conn~lttees and Co~lssions ap~ointed by Council. Mro Huba~d then moved-that the matter be referred to the five member Citizens~ Cn~ttee studying, the operations oE Council, the City Attorney and the City Clerk for study, report and recceu~e~dation to Council. Mr. Garland spoke against the motion, advising that he does not think Council should refer the question of ccm~tittee meeting notification to the come, tree since it is a decision Council should make on its own. Mr° Hubardls motion failed for lack of a second. Mr. Trout moved that Council concur with the intent of Resolution No. 21039 and that the City Attorney be requested to render an opinion as to the intent of said Resolution. Mr. Garland offered a substitute motion that the City Attorney be instructed to prepare the proper measure amending Resolution NO. 21039 to provide that every con~nittee meeting will be announced at least twelve hours in advance of said meeting and that said meeting will be open to the public. The motion was seconde~ by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubardw Lisk, Taylor, Thomas, Trout and Mayor Webber ............................. ?. NAYS: None= .................. 0 ~r. Thomas moved that the City Attorney be instructed to prepare the proper measure ~nstruoting the City Clerk to be present at executive sessions of Coth~cil and take ~nutes of such matters that are pertinent to the publlc. The City Attorney pointed out that he cannot find a~y requirement under state law which requires that m~nutes be kept of executive sessions of Council, that executive sessions are legal, the law recognizes the need for them under certain Circumstances, and that Council would be going beyond the Virginia Freedom of Information Act if it requires that minutes be kept of these sesslons. Mr. Thomas withdrew the motion. Mr. Thomas then ~oved that the City Attorney be requested to advise Council Of the proper procedure insofar as executive sessions of Councll are concerned and recorded ~nutes thereof relative to the Virginia Freedom of Information Act. The motlon was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garlund, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ........................... ?. NAYS: None ..................0. SOS' '310 PAI~S A~D PLAYGROUNDS~ ~o Trout presented a c~nenlc~tion requestLng ~at Co~cll ~nslder s~pp~g'~t on ~e light bill for ~e Star on ~11 ~tain d~lng ~e ~er~ c~lsis. ~, ~ut ~ved ~at ~e c~lcation be received and filed ~til f~er action la t~ by ~e bus.ess c~lty. ~e ~tion ~as seconded by ~, ~sk ~d ~usly advt., FI~ D~s The~puty City Clerk re~t~ ~at ~. A. K. Hughson has ~alified as a m~er of ~e ~ard of Fire Appeals for a te~ of fo~ years ~dlng J~e 30, 1976. ~. Llsk ~ved ~a2 the re~t be received and filed. ~e ~tlon ~as se~nded by Dr. Taylor ~d ~usly adopted. ~ere being no f~er busines~, ~yor ~ebber declared ~e meeting APPROVED A~Tt ~uty City Clerk ~yor COUNCI~.~ REGULAR HEETINO~ Monday, November 26~ 1973. The Council of the city of l~anoke met in regular meeting in the Council Chamber in the Nunicipal Building~ Monday, November 26~ 1973, at ?~30 p.m., with Hayor Roy L. Webber presiding. pRESENT: Councilmen Robert A. Garland, William S. Hubard, David K. l~tsk, Noel C. Taylor, Hampton W. Thc~nas, James Oo Trout and Mayor Roy ~.. Webber ................................ 7. ABSENT: None ...............0. OFFICERS PRESENT: Mr. Byron E. Haner, City Managerl Mr. Sam H. HcGhee, III, Assistant City Managsri Hr. James N. Kincanon, City Attorney~ Mr. H. Ben Jones, Jr., Assistant City Attorneyl and Hr. A. N. Glbson~ City Auditor. INVOCATION= The meeting was opened with a prayer by Dr. Noel C. Taylor. HEARING OF CITIZENS UPON pUBLIC HATTERS= STREETS AND ALLEYS= Council having set a public hearing for 7:30 p.m., Honday, November 26, 1973, on the request of Mr. Robert A. Wingfleld, Jr., et ux., and Hr. Thomas H. Beasley, Jr., that an unused and unopened portion of Walton Street, N. E., be vacated, discontinued and closed, the matter was before the body. In this connection, the City Planning Co~sslon submitted the follow- ing report reco=ending that the request be granted: 'October 18, 1973 The Honorable Roy L. Webber, Mayor and Members of City Councll Roanoke, Virginia Gentlemen: The above cited request was considered by the City Plaunlng C~isslon at its regular meeting of October 17, 1973. Mr. Copenhaver appeared before the Planning Commission and stated that this short portion of Walton Street is a steep up- graded paper street, that in 1972 the southerly portion of this same street was closed, and that reports from the City indicate that this street will never be opened. He further stated that the property owners on each side of the street would add the additional frontage required onto their existing lots, thereby creating standard lots. After some discussion by the planning Commission members, it was generally agreed that this papar street could not be opened because of the topographic situation and that the closing of this section of Walton Street would not create any detrimental traffic and circulation situations in the area. It was noted that the City Engimeer had concttrred in the vacating of this portion of Walton Street. Accordingly, motion was made, duly seconded and approved unanl- ~ously recca~ending to City Council that this request be approved. Sincerely, S/ Henry B. Boynton by LM Henry B. Bolrnton Chairman' The viewers appointed to view the etreet eulmltted a written report advising that they have vle~ed the unused a~d unopened portion of Walton Street, N. E., and the adjoining properties and are unanimously of the opinion that no inconvenience ~ould result either to the public or to any person, firm or corporation from the permanent vacating, discontinuing and closing of said Hr. 3ohn D. Copenhaver, Attorney, representing the petitioners, appeared before Council in support of the request of his clients. No one appearing in Opposition to the request, Hr. Trout moved that the following Ordinance be placed upon its first reading: (%21234) AN ORDINANCE vacating, discontinuing and closing that unused portion Of Walton Street, N. E., 40 feet in width and extending feet South from the Southerly side of Wallace Avenue, N. E. This portion of Walton Street, N. E., lies between Lot 60, Block 12, Lilly View Map, and Lot 62A, Block 12, Jackson Park. WHEP~Y~tS, Robert A. Wlngfield, Jr., and Martha W. Wingfield, husband and wife, end Thomas $. Beasley, Jr., have heretofore filed their petition before Council in accordance with SS15.1-364 of the Cede of Virginia of 1950 requesting Council to permanently vacate, discontinue and close the above described portion of said streets; and WHEREAS, in accordance with the prayer of said petition, viewers were appointed by Council on the 1st day of October, 1973, to view the property and report in writing whether or not in their opinion any, and if any, what incon- venlence would result from permanently vacating, discontinuing and closing said portion of said streets; and WH~, it appears from the duly verified report of three of said viewers filed with the City Clerk on the 6th day of November, 1973, that no inconvenience would result either to any individual or to the publio from porma~ently vacating, discontinuing and closing said portion of said streets; and WHF-~EAS, it further appears that petitioners agree to bear all expense o£ this proceeding; and WHEREAS, it further appears frOm a coz~at~nlcation filed with the Clerk o~ the Co~ncll on the 18th'day of October, 1973, that the city Plannlng Co~nuis- sion recon~ends the granting of the pra~er of the petition; and WHEI~EAS, onthe 26th day Of November, 1973, a public hearing to con- sider the closing of said portion of said streets herein requested was held before city Council and no ob~ectlon was heard from any citizen to the request for closing. THEI~EFORE, BE IT ORDAXNED by the Council of the City of Roanoke, Virginia, that the following portion of said streets: That unused Imrtion of Walton Street, B. B., 40 feet in width and extending 112 feet South fro~ the Southerly side of wallace Avenue, N. E.; this portion of Walton Street, N. B,, lies between Lot 60w Block 12w Lilly View Hap, and Lot 62A, Block 12, Jackson Park, In the City of Roanoke, Virginia, be, and they hereby are, permanently vacated, discontinued and closed and that all right:, title and Interest of the City of Roanoke and the public therein is hereby released insofar as the Council la so empowered to do, reee~ing, he, ever, unto the City of Roanoke an easement for any sever lines or water mains that may nov be located across said.property, together with the right of Ingress and egress for the maintenance of such lines and mains. BE IT FURTHER ORDAIHED that the Clerk Of this Council do forthwith certify to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a copy oi this Ordinance for recordation in the deed books of his office and a like copy to the City Engineer so that ha may show on all maps in his office the clos- ing of said portion of said streets. The motion was seconded by H~. Lisk and adopted by the following vote= AYES: Heesrs. Garland, Hubard, Llsk, Taylor, Trout and Webber .......................... 6. NAYS: None ...........0. (Hr. Thomas not voting) STP~ETS AND ALLEYS: Council having set a public hearing for 7:30 p.m., Honday, November 26~ 1973, on the request of John A. Hall & Company, Incorporated, and Saunders & Johnson, Incorporated, that a certain unopened portion of 17th Street, $. W., extunding in a northerly direction from Campbell Avenue, S. W., be vacate, disco~tinued and closed, the matter was before the body. In th/e corulection, the City Plan~ing Commission s~tted a written report recom~en~ng that the request be granted= 'October 4, 1973 The Honorable H~y L. Wubber~ Mayor and Members of City Councll Roanoke, Virg~nla Gentlemen: The above cited request was considered by the City Plallning Co--salon at its regular meeting of October 3, 1973. Hr. Turner appeared before the Planning Co=m~ssion and state~ that this section of street extending northerly from Campbell Avenue to an a~le~way is only a pa~er street and that it would take an excessive amount of excavation to open it. He further stated that Hr. Hall, the petitioner~ owns four lots on one side of this street and two on the other and would like to get this street closed in order to develop his property. The Planning Co~m~ssion members noted that this section of 17th Street, S. W., is quite steep a~d could not, therefore, be cut through. Additionally, it was felt that the closure would not present any environmental problems to the general area. Accord~gly, motion was made, duly seconded and approved unanimously reco~nendlng to City CoUncil that this portion of 17th Street, S. W., be vacated, discontinued and closed. Sincerely, S/ Henry B. ~oynton by LM Henry B. Boynton Chairman' 31~3 The viewers appointed to vie~ the street submitted a ~r~ltten report advising that ~he¥ have viewed the portion of 17th'Streef, S. ~.w and the neighboring property and they are unanimously of the opinion that ~o inconvenience would result either to any individual Or to the public from vacating, discontinuing and closing said portion of l?th Street, S. W, Hr. James M. Turner, ar., Attorney, representing the petitioner, appeared before Couscil ~ support of ~he request of his clients. No one appearing in opposition to the request, Dr. Taylor moved that the following Ordinance be placed upon its first reading= {%21235) ORDINANCE permanently vacating, discontinuing and closing that certain unopened portion of' 1?th Street, S. W., ~hich extends in a northerly direction from its intersection with Campbell Avenue, S. W., approximately 150 feet, more or less, said street being 50 feet wide, more or less. WHEREAS, John A. Hall & Co., ~nc., and Saunders & Johnson, Inc., have heretofore filed their petition before the Council of the City of ~oanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the remaining portion of the abovedescribed street for a distance of 150 feet, more or less, the filing of which petition due notice was given to the public as required by law; and WHEREAS, in accordance with prayers of said petition, viewers were appointee1 by the Council on the 10th 'day of September, 1973, to view the and to report /n writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing said portion of said street~ and WHEI~EAS, it appears from the written repert of the viewers filed with the City Clerk that no inconvenience would result to any individual or to the public from per~anantly vacat//~g, discontinuing end closing said portion of said street; a~d WHEI~EAS, Council at its meeting on September 10, 1973, referred the petition to the City plan~ing co~mission, which Co~ssion in its repert before Council on October 8, 1973, reco~nnended that the request to close 150 feet, more or less of 1?th Street be granted; and WHEI~EAS, a public hearing was held on the question before Council at its meeting on the 26th day of November, 1973, at ?:30 p.m., after due and t/msly notice thereof publlshed in the Roanoke World News, a which hearing all parties in interest and citizens were afforded an opportunity to he heard on the question; end WHEREAS, from all of the foregoing, councll considers that no incon- veniance will result to any individual or to the publlc from permanently vacating, discontinuing end closing that certain unopened portion of 1?th Street, S. W. extencL[ng in a northerly, direction from Campbell Avenue, S. W., as recommended by the Plannlng C~{~slon, and that accordingly said street should be permanently closed. TI~FO~, B~ IT OP~AIN~D by the Council of the City of Roanoke, Virginia, that ~t ~op~ed ~rtLon o~ 1~ Street~ S. W., extending approxi- ~tely 150 ~eet ~ a nor~erly_~ir~ctL~ fr~ its ~tersection with C~pbell Avenue, S. W., whL~ LB ~re p~ic~arly described as foll~s~ BEGI~ING at a ~on ~e nor~erly line of Av~ue, approx~tely 400 feet fr~ l~ Lnte~s~tion w~ S~xte~ S~ee2~ said b~g ~nt also being ~e sou~esterly co.er o~ ~t 16, Block 19~ according ~ ~e ~p of West~ ~ ~y (T~ N~r 1320508)~ ~ce In a nor~erly direc~on wl~ ~e westerly ~d- a~ of sal~ lo2 appro~tely 150 feet ~ a ~lntj sa~d ~t ~lng ~e nor~esterly co.er of said lot~ ~ence ~n a westerly directt~ approx~tely 50 feet to a ~lnt, said ~t ~g ~e not.easterly co.er of ~t 9, Block 20, acceding to ~e ~p of West~d ~d C~y (Tax N~- ~r 1320416)~ ~ce in a sou~erly direct~on w[~ ~e easterly ~ of said lot approx~tely 150 feet to a ~nt on ~e nor~erly l~e oE C~bell Avenue~ said ~n2 being ~e sou~easterly co.er o[ sa~d lot~ ~ce wi~ ~e nor~erly line of C~ll Avenue ~ ~ easterly d~rect~on approx~tely 50 feet to ~e P~ OF BEGI~ING. BE, ~d it hereby ~s, ~nently vacated, d[s~ntinued and closed and ~at all r~ght~ t~tle ~d ~nterest o[ ~e City of ~oke, V~rginia, and of p~l~c ~d to ~e s~e be, ~d ~t hereby {s, released insofar as the Co~cil ~e City of ~oke is ~e=ed so to do, ~e City of ~oke, Virginia, ~g ~to itself, h~ever, a per~tual eas~nt for sewer lines, drains, water l{nes ~d o~er p~l~c utilities which ~y n~ be located ~n ~d o~er the afore- said s~eet. BE IT F~R orda~ed ~at ~e City ~gineer be, and he hereby directed to ~rk "Pe~ently Vacated' on ~e ~rtion of 17~ Street, S. W. ~ve-described on all mps ~d plats on file ~n his office on which the street i~ sho~, referring to ~e ~ok ~d page of Ordinances and Resolutions of ~e Co~c[1 of ~e City of ~oke where~n ~is Ordin~ce shall be spread. BE IT ~R ordained ~at ~e Clerk o[ ~e City deliver to ~e Clerk of ~e Hustings Co~t for ~e City of Ro~oke, Virginia, a certified copy of Ord[n~ce ~n order ~a2 ~e Clerk of said Co~t ~y ~e proper noir[on on all ~s or plats recorded in his off[ce u~n whi~ are sh~ ~e sa~d street, now as provided by law, ~d ~at if re~ested by ~y party ~n interest, he ~y record ~e s~e ~ ~e deed ~k ~ h~s office indexing ~e s~e ~n ~e n~e of ~e City of ~oke, V~rg[n~a, as gr~tor and ~n ~e n~e of any party ~n ~nterest who ~y r~est as gr~tee. The ~t[on was seconded by ~. Trout ~d adopt~ by the following vote = A~= Messrs. G~l~d, H~d, ~sk, Taylor, ~o~s,' Trout ~d ~yor Webber .................................7. NAYS: None ........................0. ST~TS ~ ~S-S~ ~D S~ D~NS= Co~c~l having set a p~lic hear~g for 7=30 p.m., ~nday, Nov~er 26, 1973, on ~e pro~sal of ~e City of ~oke to vacate, d~scont~ue ~d close ~at ~rtion of Underhill Avenue° S. E., ezten~l~ng f~om the easterly line o~ Bennington Street, S. ~,, to the west line of K~d~ed Street0 S. E,, ~ all of ~at ceEtain vide alle~ ext~g ~ou~h nl~k 4~ ~p of ~stove~ ~lace, be~een ~e~lngtoa ~d Eln~ed S~eets, S. E., ~e ~ter vas be~o~e ~e ~e vipers ap~in~d'to vle~ ~e s~eeh ~d alle~ s~tted a vritten re~rt advising ~t ~ey visit~ ~d viewed ~e ~rtion of said s~eet ~d alley ~d ad, acer ne~g~rh~ ~d ~at as a result o~all of which, ~ey are ~ly of ~e option ~at no ~conv~lence ~u~d resul~ e~er to ~y in~v~dual or to ~e p~lic, fr~ ~tly vacating, closing and d~scon- tinuing said s~eet ~d alley. No one appe~g In op~s~t~on to ~e pro~sal~ ~. ~s ~ved ~e foll~ng ~d~ce ~ plac~ u~n its f~rst read~ng~ (~2~236) ~ 0~I~ ~tly vacat~ng~ d~scontinu~ng and closing a cer~n ~rt~on of Underhlll Argue, S. E., 40 feet ~n w~dth, extending from ~e easterly l~ne of ~gton Street, S. E., to ~e west line of K~ndred Street~ S. E., ~d all of ~at certain 12-~oot w~de alley ext~d~g ~ough Block the ~p of ~stov~ Place between Be~ington ~d K~n~ed Streets~ S. E. ~ aforesaid, sa~d s~ee~ ~d alley being sh~ on Sheet 433 of ~e C~ty~s Tax A~pratsal ~e title to which sa~d ~rtion of said s~eet ~d alley shall revert to ~e abut- ting ~ers~ ~d au~or~z~g ~e pa~t of v~ewers in co~ect[on wi~ sa~d street clos~g. ~ the Co~c~l has heretofore on its o~ ~t[on pro~sed ~e per- ~t closing, vacat~g, ~d d[scont~u[ng of ~e street and alley hereinafter descried ~d did, by Resolution No. 21201, ap~int viewers to view sa~d street ~d alley ~d to re~rt to ~e Cocci1 as provided by law~ and did further refer to ~e City Pl~g Co. ss[on ~e Co~c[l~ pro~sal to ~ently vacate, ~d d[scon~ue said s~eet ~d alley~ ~d ~ Messrs; E~ard H. Brewer, Harold W. Harris, Jr., an~ K. Stover, ~ee of ~e viewers heretofore appointed as aforesaid, alter ~ng oa~ ~at they ~uld fa~fully ~d ~ar~ally d~scharge ~eir duties as v~ewers, have ~k~ a view of said s~eet ~d alley ~d have re.fred to ~e Co~c~l in ~[~ng ~d~ date of Nov~er 23~ 1973, ~a2 ~n ~e[r option no ~nconv~ce would result, ei~ to ~y individual or to the p~l[c, fr~ pe~ently vacat- ing, clos~g ~d d~scon~u~g sa~d port~on of said street and said City Plying C~ss~on, u~n consideration of ~e Co~cil~s pro. sa1, has rec~- m~de~ to ~e ~c~1 ~ ~ting ~at sa~d s~eet ~d alley be p~ent[y vacat- ed, closed, ~d discont~ed~ ~d ~, at a p~l[c hearing on ~ ~st[on of ~e closing of said s~eet ~d alley, held at'~e'Co~c~l meet~n~ on ~e 26~ day of Nov~er, 1973, a~ 7:30 p.m., in ~e Co~cil ~ers, after due ~d t~ly notice of such p~l~c hearing p~l~shed ~n a local newspaper, no person appeared ~ op~sit~on to the closing of ~e s~e as hereinafter prov~ded~ an~ 317 ~dEP. EAS, the Council .ls~ itself, of opine.on that no lnconvenl~ce ~uld result~ el~er ~ ~y lndivid~l o~ to ~a p~lic~ fr~ ~ently vacat- e9, clos~g~ ~d dia~nt~ulng ~at ~rtion of ~e a~eet ~d alley descried tn ~e aforesaid ~solu~on ~a In said ~t of Viewers ~d here~after descried, ~d ~at ~e s~ should be per.fly vacated, closed, and dis~n- tinued as a p~lic a~eet ~d p~lic alley~ ~e fee s~ple title to ~hich ~lll revert to ~e City. . . ,, ~0~ ~ IT 0~ by ~e Co~c~ OE ~e C~t~ of ~oke ~at foll~g descried ~rtion o[ ~at s~eet ~d alley sit.re ~n the C~ty of (a} T~t cer~ ~rt~on of Unaerh~ll Avenue, S. (40 feet in wide) ~ ext~ding fr~ ~e easterly l~ne o[ ~gt~ S~eet, S. E.~ ~n ~ easterly direction approx~tely 960 feet to ~e west l~e of K~dred S~eet, S. E.~ and [b} All ~at certain 12-f~ w~e alley ext~d~g ~roug~ Bl~k 4~ ~p of Eastover Place~ fr~ ~e easterly line of ~ington Street, S. E., to ~e west o[ K~ed S~eet, S. E., a~oresa~d~ as said s~eet ~d alley are fur~er sh~ on Sheet No. 433 oE ~e City's T~ Appra~sa~ be, and are hereby pe~tly VATTED, DISCO~I~D ~d C~SED as a p~lic s~eet ~d p~lic alley, ~d that all r[ght~ title ~d interest oE the p~llc in g~eral ~n ~d to such ~rt~on of said street ~d alley, as a p~lic street, ~oroughfare ~d alley of ~e City, ~s h~y t~nat~ a~ reluase~ ~nsofar as ~s Co~c~l ~s ~ered so to do, ~e City of Ro~oke ~n ~ts co.rate capacity rese~ng ~to ~tsel[, h~ever, ~e fee s~le title ~n ~d to ali of the l~d in the port~on of said foyer s~eet and alley here~y vacated~ closed ~d discontinued ~E IT F~T~R O~D ~at ~e City ~g[neer be, and he ~s hereby directed to ~rk 'pe~t~y vacated, d[scon~nued, and closed' ~at ~rt[on said foyer s~eet ~d alley h~e[n vacated on all ~ps ~d plata [~ his off~ce, referr~g to ~e ~k ~d page of resolutions ~d ord[n~ces of ~e Co~cil C~ty of ~oke where~n ~is ord[n~ce shall be ~pread. ~ ~T ~T~R O~D ~at ~e C~ty Cl~rk for~w[th deliver to Clerk o[ ~e Circuit Co~t of ~e City oE ~oke ~ attested copy of ~[s ordi- n~ce ~ order ~at the s~ be recurd~ ~n said las~nt[oned Clerk's Off~ce be spread ~n ~e ~rr~t deed ~k ~ere~, proof notice to be ~de on all and plats recorded ~n said Clerk's Office u~n which are sh~ ~at ~rt~on Underh[ll Argue, S. E., ~d sa~d alley~ here[n~ov~ ~tly vacated, d~scon- t[nued, ~d closed. ~E IT ~E~ O~D ~at ~e CoCci1, p~su~t to Section 1~.1-364 ~e 1950 ~de of V[rg~ia, as ~de~, ~o~ hereby au~or[ze and direct ~e City's pa~ent of $25.00 to each of ~e fo11~g n~ed viewers who have acted in ~tter ~n pa~t for ~e~r seduces, v~z= Edward H. Brewer, Harold W. Harris, Jr., ~d ~ster K. Stover~ ~e Co~c~l, f~er, does hereby e~ress ~ts a~prec~a- t[on to ~e aforesaid v~ewers for ~eir se~ice~ ~n ~is regard. The ~otion was seconded by Mr. Trout and adopted by the following vote I ' AYES: Messrs. Garland, Hubard, v.~sk, Taylor, Thomas, Trout and Mayor Webber-~ ......................... 7. NAys~ Hone .......u ........ --0. ZONING: Council.having set a public hearing for 7:30 p.m,, Monday, November 26, 1973, on the request of Mr. T. Weldon Hale, trading as Hale Real Eetate Agency and Mrs. Rebecca Y. Hale, that property' located near the intersection of Cove ~oad and Hershberger Road, N. W., described as the north- easterly portion of Official Tax No. 2480147 and all of Official Tax Nos. 2480117, 2480141, 2480148 and 24801il, all o£ which contain sixteen acres, more or less, be rezoned from RS-3, Single-Family Residential District, to RG-I, General Residential District, the matter was before the body. In this connection, the City Planning Commission submitted a written report recon~nending that the request be denied: "September 6, 1973' The ~onoruble Roy L. Webber, Mayor and Members of City Council Roanoke, Virginia Gentlemen: The above cited request was considered by the City Planning C,w,~{~ston on numerous occasions. Sume historical perspective is, perhaps, tn order to shed light on this petition. This item dates back to February, 1972~ when the Planning Con~nlssion unani- mously reco~-/ended approval of this petition. The City Council, however, first denied this petition in April, 1972, and somewhat later recon~idered this matter again and at that time, in June, 1972, granted the rezoning petition. The neighbors Of the area, however, then filed a petition with the Courts, who then decided that it was not legal for Council to have reconsidered this peti- tion, end that the one year waiting period would have to be observed. The one-year period has now elapsed and Mr. Hale, having filed a petition with the Clerk, is again having this rezoning petition considered by the Planning Commission. On July 18, 1973, Mr. George Harris, attorney for the petitione~ appeared before the Planning Con~uission and presented a brief histori- cal review of the petition and then spoke to some of the elements of this 106 trait development. Partic%hlar attention was focused on the apertment characteristics, parking situation, swimming pool, recrea- tional areas and the general traffic and circulation situation asso- ciated with t~s development. Much opposition to this rezoning petition was expressed at the meeting of July 18, 1973. Mrs. Ralph Leslie, 3017 Ferecliff Avenue, N. W., appeared before the Planning Commission and staged that this area is very heavily traveled now with traffic tie-ups extending throughout this area, the ~rainage is very poor in this section and many people's backyards stay filled with water now and the schools are all overcrowded and that she is very much opposed to this rezon- ing. Mrs. Anita D. Wilson, 3124 Kirkland Drive, N. W., appeared before the planning Cc~nmission and stated that the residents of this area ~ought homes in a single-family residential area and that they want to continue to have this zoning designation. She further stated that if these apartments are all~wed in this sec- rice, it w-ill change the character of the neighborhood. She noted that the traffic is so congested now that if any more traffic is added, the residents'will not be able to reach Hershberger Road at a11. She further noted that as far as revenue is concerned~ the City would benefit much more from a single-family homeowners area rather than apartments. 319 at this July 15, 1973~ meeting who were oppos~l to this ~'ezoning petition. ' S~ discussion-by'the planning Commission members centered on the t. raf£1o and circulation system associated with the petition. It was agreed that the Planning Director meet with }tr. Hale to review this situation and its potential impact on the sur~ounding neighbor- hood. . - . At the August'l~ 1973~ meeting, the Plmming Director addressed himself to this petition, ae noted that he had met with the City Engineer and the Traffic Engineer and they were all in accord that the t~affle systemt- as'delineated by Hr. Hale~ was a ~orkable one and wuld not have any appreciable Impact on this neighborhood. Some discussion centered on the future itreet system in this area and It was agreed that this system would also fit in veil with the proposed development. The Planning Director then noted some points indicating the desirability of this type of development for this areat one of the fe~ remaining large t~racts of lend allo~ing for Innovative pianning and developmentl there exists a great need for moderate income housing in the northwestl the plans as proposed places no excessive burden on the existing school aystom or other, public facilities! the potential of industry locating in this area adja- cent to lnteratate' 581 and the consequent need for support housing~ and finally, the changing character of Hershberger Road with com- mercial and apartment developments locating adjacent and nearby to the proposed apartment development. Hr. Hale appeared befoke the PIanntng Commission and stated that there was a great demand for housing in this area and that he has had ma~y requests for housing. He further stated that if it was economically feasible to develop this 16 acres for single- family homes, 80 to 100 single-family homes could be built in this area and would cause just as many problems. .-' Mr. Earnest C. Wilson, 3124 Kirkland Drlve~ N. W.,-appeared before the PIanning Commission at this August 1, 1973~ meeting and presented a petition containing the names of 73: persons liv- ing adjacent to this' 16 acres who are opposed to this rezoning and also presented-a-map delineating the location of these personst ho~es relative to this 16 acres. He stated that he did not feel that an entire cc~nmenity should be sacrificed for revenue and that with the discussion of property being rezoned for industrial uses in the future near the Hacke Company should not be considered as the people living in this area are concerned with the situation at present and not 15 to 20 years in the futttrs. He noted that as for the proposed new streets and cha~ges to the old streets, there was no gtlarantee that any of this will be done, and that the only thing they would have would be the word 0[ Mr. Hale. He further noted that all Of' the residents of this con~enity are concerned with what will happen to their coa~nunlty now, not in the far distant future, that an apartment complex will be centered right in the middle of all slngle-family homes. · Mrs. Mary E.' Price, 3062 Ferncliff Avenue, N. W., appeared before the Planning Co~misslon end stated that the. opposition shown on this rezoning petition was not social rejection but jection to the traffic problems that are there now and that will be greatly increased if these apartments ere allowed to be built. She further stated that traffic is already backed up from Hersh- berger l~x)ad to Cove Road~ that school chiidren are loading and unloading constantly on these roads and can't get across the streets now. She noted that a traffic count was requested by the Traffic Engineering Department and that there are approxi- mately 4,000 cars per day using these streets. She further noted that when a traffic count was done in 1968, the count was 3,638 and now the count is 3~917 cars per day, which is an increase of 10% OVer the oid figures. She also noted that one small girl has been fataIly injured by a car while crossing the street In this area and that a small boy has been injured seriously and that there will be many more if the apartments are placed on this pro- perry. She stated that streets with this much traffic should be at least 60 foot streets and that all of these are 30 and 40 foot Mr. W. E. Carpenter, 1615 Coveland Drive, N. W., appeared be- fore the planning Commission and stated that the traffic situation is terrible there now and that with the addition of 100 more apart- ment units, this will increase the traffic so much that it will be 3_2O impossible ~o get*out,of' the av'lvevaya of: the lu~me..~ ~ He ~cauae no aa vlll;b~ adtac~t to ~ apa~t ~lex. Re noted ~t ~s de~lo~t'~uld ~letelych~a' ~e~et nat~e o~ ~e nelq~h~.~d'ovezcg~ ~e ach~la ev~ ~re and t~ ~pla*s va~= au~ly in~ls area; ~a f~er not~ ~at develop- ~b oE ~s ~ea vl~ s~qle-[~ly h~s ~uld brlnq tn as ~ch If not ~re t~ rav~ue ~ ~y a~z~t c~lex. ~e zestd~ o~;~e ag~ q~erally a~ted ~a2 ~ey have to ~ p~ud oE ~d ~ey* ~=k hard ~ pay fo~ ~ese h~s ~d ~ey do nob v~k qove~t s~sidized ho~q l~ated ~ ~eir nel9~=h~d to devalue ~elr'hms-~t ~ey have ~rked fog ~d are proud It ~s uoted ~at 39 ~rsons affected by ~la gezonin7 ap~aged at ~ls ~u~sb 1~ 1973, Pl~7 C~ssi~ ~etinq tn op~sitlon ~ va~ ~-~de ~at ~ls =~est be approved. ~e~e vas a ~te o[.t~ (2)'a~es ~d t~ (2) nayes, mnstitutin~ a negative re~on. This ~tt~ vas, h~ever, referred back to ~e Pl~9 C~tssion by City Co~cil for =ec~sideration. T~s ge~est ~as re~nsidered by ~e City Vl~inq C~ssion its re,lag mee~9 oi Sep~e~ 5, 1973~ a~ vhlch time ~. Bale aqa~ appeared before ~e Pl~lnq C~sston ~d s~t~ ~at a~ ~e last meet~9 a ~. Herbert B~ had ~de a s~t~nt that he had purc~sed a h~e [g~ ~. Hale ~d ~at ~. Hale had told h~ at ~at t~e ~at ~ere ~uld be no a~g~ents built on ~ls pro- perry, ~. B~ ap~ared before ~e Pl~ln~ Co~ssion and stat~ ~a~ he ~as in e~ror, ~at his contgack had contain~ a clause saytnq ~ab he aqreed not to op~se ~is gezoninq. Hale also skated'~at people eve~ day are askin9 for quality housinq tn ~e ~d'~at ~ey a~e ~le to find it and he pres~t~ ~e Pl~9 ~isslon ~e:s vl~ letters fr~ of ~e ~ople vho have contacked h~ look~9 for h~es. ~sion ~d s~t~ ~at he ~epres~t~ ~3 ~gsons, comprised of 56 f~lies In ~e-~ediate a~ea ~ho are vigorously op~sed to ~is rez~9, ~ ~e people do not be~ ~y personal viii t~a~ ~e petitioner, but t[ ~ese apar~enbs have to be built, ~e p~ple ~ted ~ built elsewhere. He fu~ stated ~ ~e re~td~s did no~ ~eel ~a2 ~ere ~as a leqlt~te need for ~ese ap~, ~d if ~ere i~ one, ~ey should not be placed ~ ~e c~ter of s~qle-f~1y h~es ~a~ have s~st~tial values ~d ~at ~eir h~s ~uld be 9reably devalued vi~ this c~l~. He uoted.~a2 ~ese ~esld~ have to pay ~xes for a 1~ d~sity area ~d ~a2 ~ese apa=~ts ~uld cause ~e area to beco~ a htqh-dmsity area ~d ~ab ~y o~ ~e people of ~ea ~ved to ~is section because olde 1~ dmsit~, and to ~e2 a~ay f~ mulbiw~ly c~pl~es. He f~e= uoted ~at he s~ke ~i~ ~e pr~ctpal of Huff ~e Sch~l ~d ~ab she s~t~ ~ab ~e sch~l ~as'operatin9 vt~ 353 school chil~ ~is ~ear, ~htch ts 13 chll~m over ~eir 340 capacity, ~d .~ab ~is is after all ~e chlldg~ livh9 in ~e 2700 Block of Kirkl~d Drive had been bussed over to Preston Pa~k Sch~l a11 ~e ~ay on ~e o~er side of t~ ~d ~a2 ~t~ ~e addition' oi app~ox~tely 106 f~liest ~is viii create probl~ vt~ ~e el~n~ sch~ls. ~. Wo~ noted ~e ~ainage pgobl~ n~ existinq in ~is area ~intin~ ou~ ~t it vi11 be qreatly tncgeased ~i~ ~e larqe ~- off of ~at~ f~ ~is c~pl~; He noted ~at ~ere vere 15 ~ople ~. Ea~est C. Wilson, 3124 Kirkl~ Drive~ N. W., appe~e8 before ~e Pl~g C~sslon ~ s~te~ ~at ~. Hale ha~ presente8 papers f~m people l~k~g for hom~s ~ a~ar~nts, but ~at ~ere were ~y apar~t ~ers also l~k~g' for people to rent ~ right n~ ~-.~e City. He f~er state~ ~at i~ ~s rezoning is a11~e~, it will lust be ~e opting for ~y o~er apar~ts to be built ~. J~es D. Walker ap~are~ b~fore ~e Pl~ing Co~ssion an~ s~te~ ~t several s~ts ha8 been ~e ~at blacks wl~ ate ~c~s were not able to buy h~s, but he felt ~at ~y black ~at co~ pay $150.00 per mon~ for rent ~uld be able.to pay ~o~er $50.00 p~ ~n~ for a h~ an~ would have s~e~g for his ~ney. ~. ~orge Harris, atto~ey for ~e p~t~tioner, ap~area befor~ ~ ~l~ing C~ssion ~d pres~te~ ~ a letter from a realty fi~ asking ~at ~e re~est ~e approves in order to proviSe ~e ~omea and apartments needed for the blacks ~n Roanoke. He £u~ther stated that this project ~ould be fin&aced by FHA under a program called FHA 221 - l~4.and that HUD has certain types of restrictions that govern these projects and that all requirements would have to be met, such as the maximum nunber of units, parking spaces, good egress and ingress-and playgrounds. ~. Hale stated that single-family homes would cost a purchaser approximately $250.00 per month at least and that there was no demand for 80 to 100 s~ngle-famlly hc~es Lu this area. He stated that the Southwest VLrglnle Cc~munlty Develolment Fund has stated that in the next fe~ years, 3,000 to 5,000 houslng units will be~needed In this section° ~r. La~c~ncew Planning C~eslun _~erw stated that he felt that the ~xl~ua number of units that would be allowed on this 16 acres with a RG-! designation, was execssive for this area and that there was no assurance that ~tr. Hale would hold the number do~n to under 100 as he has proposed, and that after thc rezoning, he could triple the ntu~ber of units. After much discussion by the' Planning Commission members, some ~ers noted that this rezoning would not be in keeping with the general character of the neighborhood~ while others felt that this rezontng would be In keeping with the character of the neighborhood. Hotion was made, duly seconded that this rcquest be approved. There was a vote of ~hrce (3) ayes and three (3) naycs~ therefore, the recor~nendation of the Planning C~ssion is that this request be denied. Sincerely ~ S/ Henry B. Boy, ton by LH Henry B. Boynton Chairman' Hr. C. A. Woodru~, IIX, Attorney~ represealting approxi~tely 56 families of the area that'w111 be directly affected by the request for rezoning, appeared before Council and advised that his clients arc opposed to the rezonlng for the following reasons~ viz.: the apartments will change the basic character and complexion of the neighborhood, will aggravate traffic problems that already exist, will add more children to the already overcrowded Huff Lane Elementa=y School~ and will add to bad drainage in the Fairland subdivision . Approx/mately fifty people were in attendance in opposition to the request for rezoning. Mr. E. C. Wilson, 3124 Kirkland Drive, N. W., appeared before Council in OppOsition to the request, advising that construction of these apartments will devalue the property in the area, that this com~unlty should not be sacrified for the apartme~tsw that the structure of the community will be cha~ged if the apartme~nts are constrncted, pointing out' that there is flooding in the Fairland Subdivision and that most importantly, the Citizens of this con~nunlty are proud of the area in which they reside and requested that they be given due consideration. Mr. T. B. James, ~709 Coveland Drlve~ N. W., appeared before Council in OppOsition to the request, advising that for several years he lived in apartment projects a/Id that he moved into this area for the purpose of getting away from those projects and further made reference to the already existing traffic problem. :~32;2 H~S. HaZ~.E. Beard; 3062 Ferncliff Avenuet No W.t appeared before Council ~ op~s~h~on to ~e r~es~; advlsin~ ~at her ~ln object,on ~s to ~. J. D. ~alke~ 1822 Glenro~ Stzeet~ N. ~., ap~a~ed before ~ op~s~lon to ~ r~es~ advisin~ ~2 ~s~ of ~e ~ople ~n th~s a~ea ~ved away fr~ a~2-proJects, ~2 ~ey a~e proud h~ers ~d keep ~eir pro~rty ~n qo~ condit~on ~d ~de ~efer~ce to ~e already hea~ ~. ~orge W. ~rrls, Jr.~ At~ey~ repre~ting the ~titioners, ap~ar~ before Co~c~ ~ sup~rt o~ ~e r~est of his clients, advising ~at ~e apar~ts w~11 r~t fr~ $125.00 to $135.00 per ~n~ ~at thure will be 205 off-s~eet ~rk~g s~ces,'s~tt~g a list of persons who have to ~. Hale for ~ls t~e of housing, contusing ~a~ the sch~l situation ~s not a probl~ for C~ty Co~c~l to deal wi~ s~ce it ~s a res~ns~b~l~ty for ~e ~oke C~ty Sch~l ~r~, ~at he ~s o~ no flying s~tuat~ons ~n ~e area ~d ~at ~e C~ty Plying Co~ss~on could not fors~e any great probl~ wl~ ~e additional ~raff~c. ~s. P~arl ~t~ews~ 2320 ~ssachu~etts Avenue~ N. W. ~ ap~are~ before Co~c~l ~ sup~rt of ~e re~est~ advising ~at ~ere are ~ny look~g for dec~t housing who c~ot affor~ to p~chase homes an~ r~ueste~ ~at ~ ~ere ~s ~ay ~ssible to ~e more housing ~at Cocci1 ~o so. The Reveren~ Carl T. Tinsley, 2647 Spr~ng H~11 Dr~ve, N. W.~ ap~are~ before Co~cll ~ sup~rt of ~e re~est for rezon~ng, advising ~at he fee~s eve~ person has ~e right to better h~elf ~ ~ve ~nto ~e co~ity des~res~ ~at people c~ot b~ segregated according to ~ncome, ~at ~e apar~ will create no more traffic ~ n~ exis~ ~ ~at he hopes Cocci1 w~11 l~k at ~e ~tter ~n a cons~uct~ve way. ~ter a cons~d~able ~t of discussion of ~e ~tter, ~. Garl~ ~ve~ ~at Co~c~l approve ~e re~est for rezoning an~ ~at ~e ~nanc~ ~ plac~ u~n ~ f~rst rea~ng: (~21237) ~ O~I~ to ~n~ Titl~ ~ Chapter 4.1, Section 2~ of The Code of ~e C~ty of ~ok~, ~956, as ~ded, ~d Sheet No. 248~ Sect~ona~ Zone ~p, City of ~noke, ~n relation to Zoning. ~, applicatlon has been ~da to ~e Co~c~ of ~e C~ty of to have property locate~ ne~ ~e intersection of Cove ~a~ an~ Hers~erger ~a~ N. W., ~escr~bed as the not,easterly ~rtion of 0~flcial N~er 2480147, ~ all of 0f~c~al N~rs 2480117, 2480141~ 2480~48 ~ 2480111, all of which conta~ 16 acres~ ~re or less, ~n ~e C~ty of Ro~oke~ Virginia, r~zone~ fr~ ~-3~ S~ng~e- F~ly ~sld~t~al ~strict, to RG-1, ~eral Resident~a~ Distr~ct~ ~d ~, ~e City Plying C~SS~on has rec~de~ ~at the herein- after descried ~ not be zoned fr~ ~-3, S~g]e-F~y ~es~dential D~trlct, to RG-1, ~neral Residential Distr~ct~ ~ ~fl~P~S, 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 Roanoke, 1956, as amendedt relating to Zoning, have been published and posted as required and for the tl~e provided by said sections and I~HEP~AS~ the hearing as provided for in said notice was held on the 26th day of November, 1973, at 7s30 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 rezening~ and WIt~REAS, this Coencll~ after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEP~FOI~Ew BE IT ORDAINED by the Council of the City of Roanoke that Title XV, Chapter 4.1t Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet No. 248 of the Sectional 1986 Zone Hap, City of Roanoke, be amended tn the following particular and no other, viz.; Property located near the intersection of Cove Road and Hershberger Road, H. W., in the City of Roanoke, Virginia, containing 16 acres, more or less, designated on Sheet 248 of the Sectional 1966 Zone Hap, City of Roanoke, as a northeasterly portion of Official No. 2480147 and all of Official Tax Nos. 2480117, 2480141, 2480148 and 2480111~ be, and is hereby, changed from P.S-3, Single-Family Residential Dist_rict, to RG-i~ General Residential District, and that Sheet No. 248 of the aforesaid map be changed in this respect. The motion was seconded by ~tr. Lisk and adopted by the following vote .' AYES: Hessrs. Garland, Hubard, Lisk, Taylor, and Thomas ......5. HAYS: PLr. Trout and Hayor Webber ............................. 2. Hr. Trout moved that all communications and petitions relative to the xequest for rezoning be recetvsd and filed. The motion was seconded by Hr. Lisk and unanimously adopted. PETITIONS AND COM~NiCATIONS: UNITED STATES POST OFFICE-CITY GOVERNHENT: A communication from Mr. H. Caldwell Butler advising that the present Federal Building in Roanoke ts to be replaced shortly by the new Post Off[ce Building and the new General Services Building, that under existing law, regulations and administrative [nterpretatlon, surplus real property of the Postal Service must first be offered to other federal agencies, that he does not anticipate that any federal agency will lay claim to this building, that public agencies have the next priority under existing regulations and, accordingly, the City of Roanoke, would in his judgment, be entltled to acqu£re this building if it so des£red, was before Council. Hr. Trout moved that the co~uunication be referred to the Real Estate Committee for its information. The motion was seconded by Dr. Taylor and unanimously adopted. 323 ~Lr. T~ut then offered the following Reaolutlon restating the interest of the City o£ P~anoke in a~rlng ~e pres~2 Federal Bulldln~ vhen no longer needed by ~e Postal Se~lce ~d ~e ~ve~nt ~d ~uestinq certain assist~ce ~d consideratl~ In ~e (1212381 A ~0~ION restating ~e interest of ~e City of ~oke in a~ir~g ~e preset Federal Building, In ~noke, vhm its use l~ger needed by ~e Pos~l.Se~tce ~d ~e ~ve~nt~ ~d r~aesting certain assistmce ~d ~nsideratim ~ ~e rotter. (For full tu~ of ~solutim, see ~solutton ~k No. 39, Page 16.) ~. T~Ut ~ved ~e adoption oi ~e Resolution. The ~tion se~nded by D~. Taylor ~d a~pte~ by ~e [o11~lng ~te~ AYe: Hessrs. 6~l~fl~ H~ard, ~sk~ Taylor~ ~s, T~u~ and ~yor ~eb~r ............................ ~YS i N~e ...................0. ~Pa~I~ P~R CO~ A ca~ication from ~. ~lph A. Glasgo~ r~uesting ~a~ ~e City of ~oke 9o on re,rd for licmslng o[ adn to be built by ~e Appalachi~ Electric Po~er C~y in Grayson Co~ty, vas before ~e ~dy. ~. Th~s ~ve~ ~at ~e c~cation be received an~ f~le~. ~e ~t~on was se~n~e~ by ~. L~sk ~ ~ly adopte~. P~ING ~GE= A ~cat~o~ fro~ ~. ~lph A. Glasgow a~v~slng ~at he c~ s~e no reason or ]~t~f~cat~on for the C~ty of ~oke building parking garages ~ ~t appears ~at ~n the ~e~ate furze the city wil~ have ~re ~e of p~l~c ~portation, ~re s~1~ car~ t~ng less parking space fewer c~s on ~e h~ghway an~ e~ress~ng ~e op~n~on ~at Co~c~ should t~e ~o~er look at ~e sit~tion, was before ~e b~y. ~. T~ut ~ve~ ~at ~ c~cat~on be rece~ve~ ~ ~tion was secon~e~ by ~. Tho~s ~ ~usly ~ORT= Co~cll hav~ng previously aw~e~ ~e contract for ~e av~a~on fu~l s~ces at ~oke M~c~pal (W~}-Xi~ort to ~r Tr~s~rt ~oc~ates, In=o~rate~, a c~catlon from ~. Charles D. War~ng of A~r Tr~s~rt ~soc~at~s, ~nco~rate~, advising ~at ~der ~e te~ o~ sa~ ~n~act~ ATA must obtain approval ~rom ~e ~rt ~ager at least ten ~ays prior ~ ~e effe=tive date of ~y price ~ncrease ~ re~est~ng ~at Co~c~ waive ~e t~ ~ay per~od so ~at fuel pric~s ~y be a~juste~ ~n a t~ely fashion as ~n ~y o~er b~iness, was before ~e bo~y. ~. T~ut ~ve~ ~at ~e co~cation b~ referred to ~e ~rt A~vlso~ C~ss~on for s~u~y~, re~rt ~ recantation to Co~c~l. The ~t~on ~s s~con~ by ~. ~sk ~ ~us~y a~o~e~. T~C= The C~y ~ager s~tte~ ~e roll,lng re~rt ~n co~ect~on w~ ~e fe~b~ty of ~nat~g ~y ~eft-h~ tu~s from Franklin Road, So W., onto Wiley Drive except for emergency vehicles and also ~he feasibility of ell~Lnat~g, left-hand t~s fr~ Wiley Drive on~ Fr~lin ~ad ~d rec~nding ~at $24~360.00 be appropriated for ~e purchase Of traffic sisal ~l~t ~d for ~e ~stallatlon of ~ese ~ntrollers at ~e lntersec~on o~ Br~ Avenue~ ~1~ Avenue ~d Franklin ~ad~ 'Nov~r 26, 19~3 ~nor~le ~yor ~d City Co~cil ~oke ~ V~rg[n[a ~ Sept~r 10~ 19~3~ C~ty Co~c~l r~ested ~e City ~ager ~ ~nvest~gate ~e feasibility o~ el~nat~ng ~y left-h~d turns fr~ Fr~l~n ~d, S. W. ~ onto Wiley Dr~ve except for ~ergen~ v~[cles ~ also ~e feasib~l~ty of elevating left-h~d tu~s from Wiley Drive onto Fr~lin ~ad. ~s probl~ was referred to ~e Traf- fic ~d C~lca2~s ~par~nt~ ~e Police ~par~ent ~d ~e City I quote from ~e res~nse received [r~ ~e Assist~t C~ty Atto~ey H. B~ J~es~ Jr., dat~ ~tober ~, 1973. ~ ~ question ~e pract~cality fr~ eider Fr~klin ~ad or Wiley Drive while at ~e s~e t[~ ~k~ng ~cept~on for ~erg~cy vehicles. The traveling p~lic appears to me to ~ entitled to rely u~n ~e fact ~at ~f left-h~d t~ns are prohi- bited for ~e ~ey are prohibited for all. Perhaps ~e solution would ~ to prohibit left-h~d t~s during certain peak traffic hours. In ~y erst, I do not ~k ~t proper to ~e ~e exception for ~ergency vehicles as this se~ to be ~nviting tro~le. Since ~s ~tter was referred to ~e City ~nager for study ~n Sept~er~ ~e c~let[on of ~e ~t~s~on of Interstate 581, better ~o~ as ~oute 220, has tied ~s ~oroughfare ~nto Franklin ~ad nor~ of ~e Fr~lin Road Bridge. ~ a result of ~is co~ect[on, ~e ~ncreased ~aff[c flow ~nto ~is general area causes hea~ conges- tion ~een ~s' ~ntersection ~d ~e ~ntertect[on of Br~don Avenue ~d Fr~l[n ~ad. ~aff[c ~k[ng leEt-h~d turns onto Rese~e Argue ~d Wiley Dr~ve d~[ng pe~ traffic ho~s t~ds to ~ncrease this con- ges~on w[~ ~e result ~at sou~d traffic is often backed up across ~e Fr~lin ~ad Bridge ~d onto ~e interstate. Studies conducte~ on left-h~d t~ ~v~ents at ~e [ntersect[on~ of Rese~e Argue ~d Wiley Drive ~d~cate ~t woul~ be [nadvis~le to respect ~s left-h~d ~v~t ~til ad~uate protected left-tu~ ~v~ts c~ ~ provided at ~e intersection of M~I~ Avenue, ~don Avenue ~d Fr~k[~ ~ad. ~e C~ty has received consider~le p~l~= c~pla[nt ~ncern[ng ~e opera.on of ~e ~aff[c sisals at ~e ~tersect~on o[ Br~don Avenue ~d Fr~l~ ~ad~ S. W. ~ese co~la~nts derive from ~e fact ~at ~e sisals do not provide for a separate or ~protected~ left-t~ ~aff[c ~v~ oil sisals are phased for ~e left t~s to be acco~lished w[~ ~e Fr~l~ ~a~ ~ ~V.m~nt. It ~s felt ~at ~e sisal syst~ at ~is ~ntersec~on was ~der re~r~ as foll~s: 1. ~e ~aff~c s~al con.oiler at Fr~lin Road ~d Br~don Argue - ~CI~ Av~ue~ due to certain [nad~uac[es, ~le to h~dle ~e d~ds of ~af[~c ~sed on ~t d~ng ~e ~g ~d afte~oon pe~ periods. A pro.fly designed s~al ~nstallat~on would pe~t dual left t~s to be ~de s~ult~eously of[ o[ Br~don to go nor~ on Fr~1[n ~ad. ~ft tu~g traffic off of Fr~klin Road should be given a ~protected~ separate green ~nte~al. ~e sinai con.oiler should pe~t separate A.M. ~d P.~. pe~ green ~ t~ng ~t~s[ons so as to d[ffer~ate between ~[ng and after- noon pe~ ~aff~c character~stics at ~s location. ~ese ch~ges ~uld pe~t us to Operate ~e ~ntersection ~re eff[- 2. Sou~d traffic on Fr~kl~ Road at Rese~e Avenue ~k~g a left t~ is severely interferrlng wi~ ~e ~ility to pull ~affic away fr~ ~e Sou~west ~ressway d~ing the afte~n ~sh hour. It creates a ~ttleneck. ~is left tu~ should be 8~ied during ~e P.M. ~sh ho~ if a su[t~le alte~ate left tu~ 325 locaLton can be developed. Neither Wiley Drive nor HcClanahan Avenue cu~ranLly provide this alternative. Under the present cunstances Reserve'Avenue remains the best place to make this turn. The traffic signs! at this location gaps the traffic and vith good sight clearance perlaits relatively accident free left turns to be ~a6e ~n spite of the fact that they are causing congestion. 3. ~he increase in ~J:affic volume on Franklin Road has made left turns onto or off of Wiley Drive more hazardous than ever. These turns should be banned to all traffic as soon as possible. Conclusion.* 1. P~ohibl~ ~eft turns at Wiley Drive as previously proposed. Do not JJ~pose any ben on left turns et ReserVe Avenue from off of Franklin Road'at this time. 2o P~oceed to ~ake the recommended changes in the traffic hal installation at Franklin Road and Brendon Avenue as expedi- tious ly as' possibleo 3. De~y left-tvxns to southbound traffic on Franklin Road at ReserVe Avenue to coincide with chenges in the traffic controller at Brandon as proposed above. An analysis of ~he ~raffic signal situation at HcClanahan Avenue and Brendon Avenue intersection with Franklin Road indicates that definite modifica~lons are needed to this si~nal equll~ento New con- ~rollers, dectors, signals and si~as are needed. Cost esthnates for acco~ltsbment of this ~ork is $24,360. GenLlemen of Council, the changes suggested by the Traffic Engineer and enmnerated above should be accomplished for the safety and well- being of our citizens. This subject has been discussed with the ginia State Department of Highways and although they indicate no will- Lngness to participate in the fuflding of these changes, they do indicate that they ~uld pose no objection. It is anticipated that should City Council approve proceeding with this project, it ~ould take an excess of six months to obtaln the t~affic signal equipment. Gentlemen of Council, it would appear that this situation ~ould exist for several years before relief from this problem will be gain~t by further extension of the Southwest Expressway. In this light it ~ould be' race.ended that City ~:oencil take /mnediate ac- tion to rectify this problem by appropriating $24,360 to the Capital Fund Account for the purchase of the traffic signal equipment and for the installation of these cenLrollers at the ~ntersection of Brendon Avenue, HcClenahen Avenue and Franklin Road and that City Council concur in the ~ez~v~na~-ion of left-t~rn movements at the ~n- tersec~J[on of Franklin Road and Wiley Drive and at such t/me as "protected" turning movement signals are installed at the intersec- ~on of HcClenahen Road to Reserve Avenue be restricted during peak traffic hours. Respectfully submitted, S/ Hyron E. Bener Byron E. Haner C~ty Manager' Hr. Lisk moved that the repert b~ received and filed. The motion was seconded by Mr. Trout ad un~nlmously adopted. Mr. Lisk then offered the following emergency Ordinance appropria- ting $24,360.00 to Traffic Signals under Section %89, =Tr=nsfers to Capital Improvements Fund,' of the 1973-74 budget, to provide the necessary funds for the purchase of traffic signal equipment end for the installation of these controllers at the intersection of Brandon Avenue, McClanahan Avenue and Franklin Road, S. W. ~ {%21239) AN ORDINANCE to amend and reordain Section %89, =Transfers to Capital I~provements Fund,' of the 1973-74 Appropriation Ordinance, and providing for en emergency.' (For full text of Ordinance, see Ordina~ce Book No. 39, Page 327 ~hr. Llek moved the adoption o£ the Ordinance. The '~otion was seconded by H~. Thomas and adopted by the follo~Lng vote= AYES~ Heesrs. Garland,' Hubard, Lick, Taylor, Thomas and ~ayor Webber .................................. 6o NAYS= ~tro Trout .............. After a discussion o_~ the ~atter~ H~. Idek moved that: the follo~ing items be referred to the City Hanager for further study~ ~eport and recon~nendation to Council, viz= (1) matter of providing a sign directing left turns from Franklin Road on Reserve Avenue during the high peak traffic period which sign could be posted as one starts to proceed over the Franklin Road Bridge on the north side of the bridge, (2) elimination Of all left-hand turns onto Wiley Drive except for emergency vehicles, (3) establishment of some type of control at the intersection of HcClanahan Avenue, Brandon Avenue and Franklin Road to handle left turns onto McClanahan Avenue from Franklin Road going south during the same period of time that traffic is being restricted from making left turns at Reserve Avenue, (4) consideration of some t~pe of protective entrance for the Holiday Inn on Franklin Road for those who are traveling north on Franklin Road and wish to ~e a left tur~ at the front entrance of the Holiday Inn but must cross over three lanes of southbound traffic to dO so and (5);that be given toward restriction of left-hand turns from Wiley Drive onto Franklin Road as well. The ~aotlon was seconded by Mr. Trout and tulanimously adopted. Mr. Thomas suggested that the adm/nistration also study the possibi- lity of stationing a police officer at the left-hand turn to Reserve Avenue, $.W. Gt~NTS: The city Jla~ager suballtted a written report advising that the Federal Government, as a means by which the ~memployed and ~deremployed can find work, has established a grant program which, if utilized, would provide useful public improvements within parks, that this program entails the filing of a grant application with the Econoalic Development Ac~istration for $203,000.00 to tuldertake the development, or redevelopment as the case may be, of Washington, Loudon and J. F. Kennedy Parks, that such a grant would be on a ?2.5% federal - 27.5% local share basis, for a total of $280,000.00, that the specific conditions of the grant are that an applicant make a sincere effort to hire the unemployed and/or underemploy.ed in connection with the project, that the project be labor tntanslve, that discrimination not be exercised in connection wtth hiring for the project and that the city have an effective Affirmative Action program which relates to the equality of employ~nnt efforts and municipal efforts to rectify any past possible inequities and reconaanndlng that Council authorize the City .Manager to submit a request for these grant funds. Mr. Thomas moved that Council concur in the recommendation of the City l~anager and offered the following Resolution: 328 (121240) A P. ESOLU~ION authorizing the filing of an application with the Economic Development Adminlstration~ United States Department of Comerce, United States of A~erica, for a grant under the terms of public Law 8g-136, as ~nded. " (For full text of l~esolution, see Resolution Book No. 39, Page 18.) H~. Tho~e moved the adoption of the Resolution.. The motion was seconded by Dr. Taylor and adopted by the following voter AYes: /~esers. Garland, Hubard, Lisk, Taylor, Thomas, Trout and ~ayor Webber ................................ /~A¥S: None ........................ 0o In this connection,' }ir. George W. Harris, Jr., Chairman, Southwest Virginia Community Development-Fund, appeared before Council and presented a prepared statement advlsing that the Board Of Directors of the Southwest Virginia Con,unity Development' Fund voted to endorse the application of the City o[ Roanoke to the Econc~aic Development Ad~[nletration, that these funds, if granted by the fDA, will come to the city as a result of work by the staff and Board of SVCDF, that through their efforts and because of the special nature of the SVCDF program, it is ~ossible for the areas of northwest Roanoke City, Craig and Botetourt Countles to be designated as a 'special impact redevelopment area' as ~andated by the Economic Opperttknity Act, and that the Board Of Directors of SVCDF have the following concerns about %J~e Loudon, Kennedy and t/ashington Parks Preject: The ~nvestment of $275,000.00 in the three parks will result An some much needed development and rehabilitation. However, we feel that for this effort to be of lasting value, that a plan must be developed to provide adequate supervision at these three parks and a11 parks within Roanoke City. To our knowledge, the city provides little or no supervision at public parks and has vlrtually no organized recreation program. We feel both supervlslon and a · recreational program should be given a very high priority in city spending An the very short term and in the future. 2. Upon EDAts approval of the application, the City of Roanoke will receive a net increase of $200,000.00 for the develop- ment of the three parks. We would like to impress upon the members of Council, that in our opinion the development of the parks will be incomplete until a~ adequate swilm=ing f~ol is installed. We therefore, request City Council to budget the necessary funds in yoor 1974 budget for the construct[on of a pool to serve the surrounding community. 3. The SVCDF Board of Directors and its staff have been dee[~- ly ~volved in the economic auld community development of northwest Roanoke City, as well as Craig and Botetourt Counties. Because of this involvement, we would like to increase the coordination between SVCDF activities and the activlt~es of Roanoke City government as they concern north- west Roanoke City. 4. Thc ~VCDF Board strongly believes that for the parks project to be a success wlthin the co~m~hnity, there is a necessity for increased involvement in the decision making process by community residents.' Mr. Trout moved that the communication be referred to the City Manager for the purpose of transmitting his co=ments to Council. The motion was seconded by Mr. Lisk and unanimously adopted. GRANTS-POLICE DRPARTHENTs The City Hanaqer stlb~tttsd a ~ritten report advising ~t ~a City. of ~oke has ~ approached by ~e Division Of ~ustiCe ~d C~ Prev~o~'vl~ ~ega~d to a n~ 9r~t pr~r~ desired ~ assist cities h a deterr~ce of cr~ ~at ~ls progr~ Is entitled =High lncid~ce T~get P~gr~&~ ~d Is desired to test ~lice ~p~t utlliz~g a s~clfically tra~ed uonJ~ction wi~ ~uter applies ~alytical tec~lques can have a direct ~pact on redu=~g burglaries by 15 per c~t wl~ln ~e City of ~oke~ ~at ~e total ~st of ~ls' progr~ is $323~24~,00 of which $262~635.~ is to be ~par~t o~ Justice ~ Cr~e Prevention f~ds ~d $60,608.23 l~al cash ~d ~at ~cause o~ short deaalines placed u~n ~tering into this has filed ~ application ~or ~rttctpation tn ~a progr~ prior to approaching ~uil on ~e ~tter. ~. H~d ~ved ~at ~e re~rt be referred to the City Attorney for pre~rati~ o~ ~e proper measure car~ing o~t ~e reco~en~tion of the City ~nager. The ~tion was seconded by ~. Trout and ~ani~usly adoptS. B~-CI~ AUDI~RI The City Auditor su~tted a written re~rt r~esting ~ appropriation for ~ ad~itlonal position of Auditor to be e~fec- tire as of J~ua~ 1~ 19~4, due to the ll~ess ~d ~ssible retir~ent of one of his ~ployees. Dr. Taylor ~ve~ ~at Co~cil con~r City Auditor ~d offerefl ~e ~oll~ing ~ergen~ Ordin~ce appropriating $5,040.00 to Personal Se~ices ~der Section %10, 'City Auflitor,' of 1973-74 budget = ([21241) ~ O~I~CE to ~en~ ~ reordaln Section %10, 'City Auditor,' Oi ~e 19~3-74 Appropriation Or~in~ce~ ~er~. (For full text of Ordin~ce, see Ordin~ce ~ok No, 39, Page 19.} Dr. Taylor ~v~d ~e adoptipn of ~e Ordln~ce. The ~tion was seco~de~ by ~. T~ut ~d aflopted by ~e following vote: AYES= Messrs. Garl~d, H~ard~ Lisk~ Taylor, Th~s, Trout ~yor We~ ................................ ~YS = N~e ....................... 0. A~ITS~ ~. H~ard, Chai~ o~ ~e Audit C~ttee, s~mltted a ~itt~ re~rt wi~ reference to a meeting which was held on ~esday, ~v~er 20, 19~3, wi~ representatives of Peat, ~ick ~d ~tchell to review ~e financial re~rts o~ ~e City of Ro~oke for fiscal ~ear 19~2 - 19~3, a~vis~g ~at ~ese fin~clal re~rts will be in s~s~tially different fo~t ~ ~ previous years due pr~rily to a desire to ~ke ~e city's fin~cial repor~ ~re me~ingful to m~ers of City Co~ull an~ o~ers intereste~ in ~, ~at only one ~ceptlon was ~de to ~e fin~cial reports by the CPA's which is ~at ~e f~e~ assets of ~e Sewage ~ea~nt, Water ~d Airart F~ds are stat~ at appraised value ra~er ~ cost ~d ~us depreciation charges relative ~ereto 329 are not related to the useful lives 02 those assets, however, It is intended that this ~t~er b~ resolved In' the cc~tng yea~ and ~t ~s e~cted exception will no~ appe~ ~n n~ year~s audit ~. H~d ~ved ~t .~e re~ be received ~d ~lled. ~e ~tlon ~as se~nd~ by ~. ~sk ~ ~usly adopted, ~I~ H~. Dr. Taylor, Chal~ of ~e ~uven~le ~tention Facllit~es Study ~ttee, s~tt~ ~e ~foll~g re~rt ~ refer~ce to a meeting which was held by ~e'state Board of Welfare ~d Institu2ions on ~esday, Nov~r 20, 1973~ wi~' refer~ce to ~s~ oE ~e ~uvenlle ~2entlon ~, advising ~at'~e ~ard agreed to full state ~n ~ ~s~on p~ up to- 31 ~ds~ ~d ~at ~e ~ard fur~er agreed to give ~ts c~lete ~a~' ~a sup~rt 2o ~e c~ty ~n e~t~l~sh~ng a less sec~e det~t~on [ac~l~ty ~d a det~2~on out-reach pr~r~ as ~ alternative to ~e five additional ~s which ~e c~ty requested: 'Nov~r 26, 1973 Honor~le ~y L. W~ber ~d M~rs of ~oke City Co~ c11, M~1ctpal B~ld~ng, ~oke, Virginia. ~. R. F. Hyatt, Su~rtnt~d~t of ~e ~oke Juvenile ~t~t[on H~e, ~s. ~ Dea~n~ Secreta~ of ~e ~t~t~on SedUces Study C~ttee ~d I a~eared before ~he State ~ard of Welfare and Znstltuttons on ~esday, Nov~er 20, ~973, at ~ a.m., to ~res~t ~e r~est of o~ c~ttee ~d ~oke City Co~cil~s ~solutlon ~dors~g ~e need for ~e e~s[on of ~e C~ty's Juvenile Det~- ~on ~e ~o at least 36 beds. Foll~ing our prese~tstlo~ conslder~le d~s~ss~on~ ~e State ~ard o~ Welfare ~d Institu- ~ons agreed to ~ull s~te ~rtlc~pat~on tn ~ expos/on progr~ up to 31 ~ds. ~e Boa~ f~er agreed to give its co~lete ~a~on ~d sup~rt to ~e City In est~llshing a less se~re det~t~on facllit~ ~d a det~ ou~each ~ro~r~ as ~ alternative to 5 additional beds which we r~ested. ~e ~in ~st o~ ~e State's ~sit~on was ~at detention by itself ts nob sufflc[~t. We are given ~e assur~ce of co~lete ~ ~e es2~l~s~t of a c~reh~slve juvenile progr~ which will ~nclud~: 1. ~ preset sec~e det~t~on facility at Co~er Springs which will be ~d~ to a 31 bed fac~lity~ 2. A less se~e det~tlon facil~ty~ 3. ~ ou~e~ch det~t~on progr~ 4. Regional tr~s~rtat~on. Foll~g ~e next re~lar meeting o~ ~e Juv~[le Se~1ces Dete- r[on C~{ttee on ~c~er ~2, we e~ect to bring to City a ~re de~iled re~rt on ~e cost~ s~aff, etc., ~at would be r~ired. ~0ugh ~e pro~ected cost ~y ap~ar high at ~is ~ ov~ ~e years ~e. operatt~ of ~s t~ det~tlon se~[ce w~11 pr~e ~ch ~re' ec~cal-because case work t~e se~lce ~ch less ~s~ve ~ ~st~tut1~al care. Perso~el costs for ~ese pr~r~ ~e ~-~irds re~urs~le ~d o~er operational costs ~e ~e h~ed ~r c~t re~s~le. It ~s believed ~at ~ ou~ea~ workers w~11 be necessa~ to be~in ~e ~et~on ou~each p~gr~ ~d approx~tely $5,000.00 w~11 be needed ~ually to f~d ~e regional tr~sportat~on cost. The State s~ted ~e feasib~lity of est~ltsh~g ~ese additional det~tlon se~ices ~ed~ately. In order to e~edite ~s effort~ I reco~end: 1. ~t the ~al Estate C~ tree be tnst~cted to g~ve assist~ce ~ att~tlng to locate a less sec~e detention facility; 2. ~ha~ ~he Cit:y of. Roanoke su~l~ i~s application for ~spec~full~ s~e~ ~ C~ee. ' Es~e C~ee ~ =~es~e~' ~o give assist~ce In a~n9 ~o l~a~e a less ~e de~on facility ~d ~a~ ~e City A~o~ey be Instructed ~o prepare pro~= ~e=su=e In o=de= fo= ~e C{~y o~ ~anoke ~o s~ 1~s application ~ beds ~edl=~ely. ~he ~Son ~as secoaded by ~. ?=ou~ and ~an~usly a~op~. ~INIS~ED BUSIES: ~cil a~ l~s las~ =e~1a= meeting on ~nday, ~ov~e= ~9, ~973, havln~ action on a =e~=~ o~ ~Ae City ~a~e= =ec=endtn~ ~a~ Co~ctl conch= tn =ec~da~1on ~o display ~e ship's bell ~ ~e U. S. S. ~anoke on ~ pa~$o of ~e ~n ~b=~ ~dlng ~eco~enda~lon ~o= }~. Cha=1es D. Fox~ ~, as Co be~o=e ~e ~e= ~a~e o~ Novae= ~9, ~973, =eco~nd~ng ~ the bell be displayed a~ ~e ~in ~bra~ has be~ accep~e~ by ~. Fox ~i~ ~e excep~ton o~ a ~no= s~ipulablons ~tc~ c~ be wor~ed ou~. app=ecia~&on ~o ~e Na~ ~pa=~ ~o= said bell ~e mo~$on ~as seconded by S~ OF PAOPE~: Co~c&1 having p=evlousl~ de~ezred acBton on ~ offer o~ ~. B. ~. Por~e=~ield ~o p~chase ct~y-~e~ p=oper~y desc=tbed as ~e ~ ~as a~=~ befo=e ~ bod~. like ~o= ~e =e~es~ ~o be =efe==e~ back ~o ~e Real Es~a~e Co~ee ~o 331 Y~o Id. sk moved 'chat the offer be referred back to the Real Estate Co.!tree £or fu~e..:' conelderatlOno ~he motion was seconded by H~. 'l~out ~d ~usl~ adopted, P~ ~ P~G~S~ Ordin~ce No. 21228 au~or~zSng ~e execution of a ~ratSve Agre~k ~e~ ~e C~ty o~ ~oke ~d ~e Co~nweal~ of Vlrginia~ ~par~t o~ C~se~at[on ~ Ec~c ~velo~ent~ Division of Parks, prov~d~g for ~e use by ~e g~eral p~lic of a ~rtion off the Appalachl~ Na~al Sc~[c ~a$l as a ~des~ pa~, u~n certain an~ conditions, having prev$ously ~en before Co~cil for $~s first reading, read ~ laid over, was again before the ~y~ ~. ~out offering ~e follow- ing for ~ks second read~g ~d final adoption~ (%21228) ~ 0~I~ au~orSzing ~e execution of a Cooperative ~re~t betwe~ ~e C~ty of ~oke ~d ~e Co~nweal~ of Vlrgin~a, ~par~t of C~se~ation ~d Econ~c ~velo~t~ DSv$sion of Parks~ providing for ~e use by ~e g~eral p~lic of a ~rtion of the Appalach$~ National Sc~ic Trail as a pe~estri~ pa~, u~n certain te~ and condit[ons. {For full t~t of Ordin~ce, see OrdSnance B~k No. 39, Page 16.) ~. ~out ~ved ~e adoption of ~e Ordin~ce. The ~tion was se~nd~ by ~. L~sk ~d adopte~ by ~e foll~ing voter A~: ~ssrs. Garl~ H~d, Lisk~ Taylor, ~s, Trout and ~yor Webber ................................... ~YS: None .......................... 0. CO~= Co~c$l hav~g dSrected ~e C~ty Atto~ey to prepare ~e p~r meas~e providing ~at all ~ards, au~orit~es, co~ssions co, trees which are est~l~shea by Co~cil shall hold p~15c meet~gs, shal~ give at least t~lve hours p~c notice of al~ reeler or special meet~ngs~ ~tt~ not~ce of ~e t~e ~ place of such ~et~ngs to be ~sted Sn ~e City Clerk's Off$ce ~d fu~ished to repres~tatives of ~e news media ~ere~fore hav~g ~d[cated a desire ko receiv~ such notif$cation, he pre- sented s~e~ whereu~n, ~. ~ut o~fered ~e following ~solution: (%21242) A ~SOL~ION prov~ding for p~l~c notice of meetings al~ ~ards, Au~orlties, c~{ssions ~d c~k2ees est~l~she~ by ~e Cocci1 of ~e C~ty o[ ~oke~ ~d regaling Resolution NO. 21039, (For full t~t of Resolut$on, see ~solut[on Book No. 39, Page 20.) ~. ~ut moved ~e adopt[~ of ~e Resolution. ~e ~tion was seconde~ by ~. G~l~d ~d adopted by ~e foll~g ~tet AYe= ~s2rs. Garl~d~ H~ard~ ~sk~ Taylor, ~s~ Trout and ~yor Webber .................................... 7. ~YS: None .......................... = 0. LIBRARIES: CounclX having directed the City Attorney to prepare the proper measure amending and reordaining Section 3, Libra~f Board - Co~- position! appointment! compensation, Chapter 2, Public Libraries, Title VIII, of The Code of tile City of Roanoke, 1956, as amended, providing for the appointment of additional ~e. ra of said board by other Jurisdictions con- t~acting with the city for library service, he presented same! whereupon, Dr. Taylor offered the following emergency Ordinancet ($21243) AN ORDIHAHCE to amend and reordain Sec. 3. Library Board - Composition~ appolnt~ent~ cce~ensation, of Chapter 2. Public Libraries, Title VIII of The Cede of the City of ~oanoke, 1956, aa amended, providing for the appointment of additional'members to said Board by other jurisdictions contracting with the city for libra~f services and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 21.) Dr. Taylor moved the adoption of the O~dinance. The motion was seconded by H~. Trout and adopted by the following vote: AYES: Heesrs. Garland, Hubard, Ltsk, Taylor, Thomas, Trou~ and Hayor Webber ................................. NAYS: None ....................... 0. TRAFFIC-HOUSING-SM~M CLEARANCE: Council having directed the City Attorney to prepare the proper moasure expressing ~hs ~illingness of the Council of the City of Roanoke to consider participation in a new facility for off-street parking and storage of vehicles by the public ~n the Downtown ~ast Urban Renewal Area, he presented same~ whereupon, Mr. Lisk offered the followlng Resolution: (~21244) A RESOLUTION expressing ~be Council's willingness to consider participation ~n a new facility for off-street parklng and storage Of vehicles by the public in the Downtown East Urban Renewal Area. (For full text Of Resolution, see Resolution Book No. 39, Page 22.) Mr. Lisk moved the adoption Of the Resolution. The motion was seconded by Mr. Trout and adopted by the followlng vote: AYES: Messrs. Garland, Hubard, L~sk, Taylor, Thomas, Trout and Mayor Webber- ................................... 7. NAYS: None ...........................0. MOTIONS AND ~SCELLANEOUS BUSINESS: JUVENILE DETENTION HOME: Mrs. W. G. Nelson, Jr., 1409 3rd Street, S. W., again appeared before Council and made complaints with regard to Youth Haven, a correctional institution at 1325 3rd Street, S. W., advising that she has appeared before Council on several occasions relating to her complaints concerning Youth Haven but has never received a reply with reference to those complaints. Mayor Webber requested that Mrs. Nelson put her complaints in writing going into as much detail as posslble and transmit them to the City 333 ;334 Clerk in order that they may be properly forwarded to the City ~anager for Investigation · Hr. Garland then ~ved that the ~atter be referred to the City Manager and Kr. William tlewltt, Director of Safety and Security~ for lnvestlgatlen. The motion was seconded by Hr.' Trout and unanimously adopted. COUNCIL-CITY EMPLOYEES~ Mr. L/sk presented a communication request- ing that Council concur ln'glving'oity employees, Monday, December 24, 1973, as a holiday for the current year-only and that the regularly scheduled Council meeting for that date be held on Wednesday, December 26, 1973t at 2 p.m. · '' Mr. Lisk moved that Council concur in his con~unication 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 adopted. There being no further b~siness, Mayor Webber declared the meeting adjourned. APPROVED ATTESTs ~O~'~- Deputy City Clerk Mayor COUNCI~', REGUV-~ HEL~ING~ Honday, December 3, 1973. · The Council of ~he City o£ Roanoke met In regular meeting in the Council Chamber in the Huniclpal Bulld~ng, Honday, December 3, 1973, at 2:00 pome, the regular meeting hour, 'with. Hayer Roy L. Webber PI~SENT: Hayer ROy L. Webber ........................................ ~F..}~ Councilmen Robert A. Garland, William S. Hubard, David IASk, Noel Co Taylor, Hampton W. Yho~ae and 3ames O. Trout ..................... $. OFFICERS PRESENT: Mr. Byron Eo Haner, City Manager~ Mr. James N. Ktncanon~ City Atton~ey~ Mr. A. N. Gibson, City Auditor! and Mrs. Hary F. Parker, Deputy City Clerk.. INVOCATION.' The meeting was opened with a prayer by Hayer Webber. A quorum falling to appear, Mayor Webber declared the meeting adjourned. APPROVED Deputy City Clerk Mayor COUNCIl., RBGUI.~R HEBTING, Honday~ December 10, 1973. . The Council of ~ha City of Roanoke met ~n regular meeting in the Council Chamber in the Municipal Bullding~' M0nday~ December 10~ '1973, at 2=00 p.m., the regular meeting hour, with Hayo~ Roy L. Webber presiding. pI~ESENT~ Councilmen ~obert A. 'Garland, Wllliam S. Bubard, David K. Llsk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor ROy L. Webber .....................................7 · ABSENT ~ None ..................... 0. OFFICERS pRESENT; Hr. Byron E. Baner~ City Hanager~ Hr. Sam H. HcGhee, XZI, Assistant City Manager~ Mr. James N. Klncanon, City Attorney~ Mr. H. Be~ Jones, Jr., Assistant City Attorney] and Hr. A. N. Gibson, City Auditor. ~NVOCATTON: The ~eting was opened with a prayer by the Reverend John D. Sadler, Pastor, Northminster Presbyterian Church. HZNUTES: Copies Of the m~nutes of the regular meeting held on Monday, November 19, 1973, and the regular meeting held on Monday, Noven~er 26, 1973, having been furnished each me~ber of Council, on ~otion of Hr.' Trout, seconded by Dr. Taylor and unanimously adopted the reading thereof was dispensed with and the m~nutes approved as recorded. ACTS OF AC~NOWLEDGEHENT-SCHOOLS: Dr. Taylor advised that the Patrick Henry High School Football Team won the Triple A Football Championship on Saturday, December 8, 1973, and presented an award on behalf of the me~nbers of Cou~cll and the cltizens of the City of Roanoke to Coach Merrill R. Gainer, Dr. Taylor further advised that the citizens of the City of Roanoke are proud of the achievements mode by the team in the field of athletlcs, that the team not only dlsplayed talent on the fleld but a great sense of s~ortsmanshlp and that it gives him a great deal of pleasure to present the award to the patrick Henry High School. HEAPING OF CZTIZENS UPON pUBLIC MA~fERS: MUNICipAL BUILDING: Pursuant to notice Of advertis~nt for bids for custom furnishings and movable furniture for the former Reid and Cutshall Building which is presently being rel~odeled, said proposals to be received by the City Clerk until 2 p.m., Monday, December 10, 1973, and to be opened before Council at that hour, Mayor Webber asked if anyone had any questions about the advertls~ment for bids; and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; where- upon, the Clty Clerk Opened and read the following bids: Division 1 Division Name Custom Furnishings Movable Furniture Hodges Lumber Corporation - ~32,938.00 - Wade ManufacturLng Corporation - 4S,8S0.00 - Mr. Thomas moved that the bids Be re[erred to a com~dttee to be appointed by the Hayor for tabulation, report ~nd reco~endation to Council. The motion was seconded by Mr. Trout and unaAimously adopted. Mayor Webber appointed J{essrs. William A. Hewitt~ Chairman, M. David Honper, and Byron E. Haner as members of the c~ttee. WATER DEPARTMENT.- Pursuant to notice of advertisement for bids for providLng chlorination facilities (Contract p) at the Carvins Cove Filter Plant, said proposals to be received by the City Clerk until 2 Monday, ~ecember 10, 1973, and to be ol~ned be£ore Council at that hour, Mayor WebBer asked if anyone had any questions about the advertisement for bide and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Brock & Davis Company, Incorporated - Frye Building Company 117,000.00 Progressive Products Corporation 118,363.00 Mr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and reoon=nendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Kit B. Kiser, Chairman, Sam H. McGhee, III, and B. B. Thompson as me~ubers of the comm/ttee. FIP~ DEPARTMENT: Pursuant to notice of advertisemnt for bids for central office fire alarm telegraph equipment, said proposals to be received by the City Clerk until 2 p.m., Monday, December 10, 1973, and to be opened at that hour before Council, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the follow- ing bids: Name Item 1 Item 2 Alternate B & B glectromatic Corporation $12,205.00 Harrinpkon $ipnal Company - 22,214.60 $6,500.00 $27,214.60 N. B. Barber Con, any 18,980.00 8,552.00 27,530.00 Dr. Taylor moved 'that the bids be referred toa con~ittee to be appointed by the Mayor for tabulation, report and recon~nendation to Council. The mot-ton was seconded by Mro T~out and unanimously adopted. Mayor Webber appointed Hessrs. William A. Hewltt, Chairman, ~. D. Sink, Carl C. Holt and B. B. Thompson as members of the co~nmlttee. 3g? · SCHOOLS: )i~. ~oseph H. Wars, president/Vice president, Council of __~nunity Organizations, appeared before Council with reference to acquir- ing the vacant Helrose Hlementa_~y School Building to be used as a Ccm~unity Cultural Center. In this connection, H~. Wars also presented a ~unication from The Northwest Heighborhood Alliance - GL~UpS Jl and ~2, advising that they can see the advantage of such a proposal and that they think such a center would be an asset to the black co~nunity and the City of Roanoke. Itt. Garland moved that the request be referred to the Real Estate Co~mittee and the City Hanager for study, report and reco~nendation to Council. The notion was seconded by ~r. T~out and unanimously adopted. SCBOOLS-SIDLSOJ~-CUI~ AND GUTTER-BUSES-LEGISLATION: Hr. Samuel p. NcNell, Chairman of the Roanoke city School Board, appeared before Council and advised that the School Board wishes to call to the attention of Council the u~gent need for sidewalk, curb and gutter from Hershberger ~oad along tho east side of Fernciiff Avenue to Buffner Junior High School, suggesting that the $2,811.93 in the Ruffner Junior High School Capital Fund be used to help de£ra¥ part of the cost of this project and transmitting a co~uunication from the Resident Engineer of the Virginia Department of Highways giving approval for this sidewalk, curb and gutter construction. Hr. Lisk moved that the matter be referred to the City Hanager for study, report and reco~uendation to Council. The motion was seconded by Hr. Trout and unanimously adopted. Hr. HcNell also presented a statement of position of the Roanoke City School Board as to the following legislation: 1o The Roanoke City SchOOl Board is opposed to the use of public funds for the support of non-public schools. 2. The Roanoke City School Board supports the payment of School Boa~d members for so,vices rendered as a School Boa~d member. 3. The General Assembly of Virginia should s~pport the use of a formula for the distribution of state educa- tional funds which includes factors in addition to true value of real estate and average daily membership in detel~0ining local need, effort and ability. It appears often that inequities exist when local need, effort, and ability a~e detel-mined solely upon the basis of the t~ue value of real estate and average daily nam- bership. It is.suggested that factors such as personal income be considered in the development of a formula. 4. The General Assembly of Virginia should study the need for full funding of special education, including pro- grams for physically and mentally handicapped children. The Standards of Quality and Ob~ectives for public Schools in Virginia mandate that eve~ school division throughout the Con~onwealth shall identify exceptional child~en, including the gifted, by diagnostic procedures end shall p~ovide appropriate educational opportunities for then. The financial burden' placed on many school divisions tt~oughout the Connnonweaith ma~es' it necessar~ that a careful study be made of the need for full fund- ing in an educational area of such fmportance. 5, The Virginia School l~ards Association is opposed to compulsory binding a~bitration ~n gr~ev~ce p~oced~as, C~UlSO~ b~n~ a~b~a~ r~ves from sch~l ~ards ~e ~e~ to ~e s~ of ~e decisions which ~ey are r~lred by law to ~e as ~e rep~esen~tives of ~e c~lties ~ey se~e. 6. ~e S~te Co~cil of Higher ~ucatlon or ~e ~neral ~s~ly should define clearly ~e ~eas of s~cific l~al res~nsibility for c~lty colleges ~ ~e p~lic sch~ls. ~e Voca~onal-Te~l~l ~d Continu- ~g ~uca~on are pro~ a~eas which a~e r~uired for p~lio sch~ls of Virginia ~d also areas which are p~ovlded by ~e C~lty College Syst~ since ~ere is s~e ~estion as to ~e objec- tives ad res~nsibllities of ~e p~lic sch~ls and ~ose of the cavity colleges~ ~1~ ~espect to Vocational-Tcc~lcal ~ Continuing 7. ~e G~e~al ~s~ly of Virginia should study the ~ssibility of ~ing kindergart~ education con- pulso~. If l~alities a~e r~lre~ to provide physical facilities for kindergart~ education~ ~en attend~ce should be c~lso~ for kinder- gart~ age chil~en. ~. Li~k ~ved ~at ~e ~tat=~t b~ referred to ~a Coucil's ~gislati~ A~visou C=tte~ for study, re~rt ad rec~en~atlon to eo~cil. The was seconded by ~. T~ut ~d ~usly adopted. ~. ~cNeil fur~er presented a cauica~ion from the Ro~oke City Sch~l ~arfl r~est~g that Coucil appropriate $314,500.00 to purchase ~irty-$ev~ buses for pugil trus~rtation, a~vtsin9 ~at since these buses must ~ order~ in ~uua~ in order to receive ~ in ~e for ~ 1974-75 sch~l session, ~e Sch~l ~ar~ urges ~at Co~cil ~ke ~e appropriation in ~. Garl~d ~ved ~at ~e City Attorney be inst~cted to prepare ~e proper measure appropriating ~ $314,500.00 for ~e p~chase of the ~ir~y-seva additional sch~l buses. ~. Trout offered a ~stitute ~tion ~ ~e re~est be referred to ~e ~sportation study cattle for stuffy, re~rt afl reco~endation to Co~cil. The ~tion was seconfled by Dr. Taylor ~d ~usly adopted. ~. Lisk suggestefl ~at ~e co--tree also come back to Coacil wi~ ~lflelines a~ to ob~tnhg sufficient fuel for operation of the additional PETITIONS a C~I~TIONS: S~T LIG~S: Copy of a c~uicatlon fr~ ~e Appala~hi~ ~y ~t~ng a lls~ of s~te~ lights ins~lle~ and/or r~ved during ~e ~n~ of Nov~er, 1973, was before Coucil. ~. Trout ~ved ~at ~e co~icatton ~d list be received ad filed. ~e ~tion was seconded by ~. Llsk ~d ~usly adopted. ~G~O~ J~L: Co~ of Resolution No. 198 adopted by ~e Co~c~l of ~e C~ty of Sa1~, Virginia, advising ~at ~e Co~c~l of ~e City of Sal~ ~s w~aw~g fr~ ~e ~anoke Valley Co~rect~ons Center Agre~ent ~d ~ ~e ~oke Valley Corrections Bo~d, was before ~e 339 Dr, Taylor ~oved that the Rosolutionbe received and filed. The motion was seconded by ~ro Llsk and unani~nously adopted, REPORTS OF OFFICERSZ BUDGET-pUBLIC WELFARE: The City Manager stfl~mitted a written report requesting and recommending that $1,250.00 be appropriated to Aid to the Blind under Section %37, 'public Assistance," of the 1973-74 budgett advising that beginning January l, 1974, Aid to the Blind will be paid through the Social Security Administration rather than through the City of Roanoke. Mr. Trout ~oved that Council concur in the report of the City Manager and offered the following emergency Ordinance appropriating $1,250.00 to Aid to the Blind under Section %37, mPublic Assistance,= of the 1973-74 budget= (~21245) AR ORDINANCE to amend and reordain Section %37, mpublic Assistance,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 39, Page ~8.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Thamaa and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................. 7. NAYS: None ........................0. TR/tFFIC-SCHOOLS: The City Manager submitted a written report in connection with a comaunication from the Roanoke City School Board supporting the request of the Forest Park Elementary School PTA for another school' crossing guard to be located at the ihtersection of Melrose Avenue and Lafayette Boulevard, N. W., advising that all analysis of the safeguards presently employed at this i~tersection reveals .tha~ school signs and school flashers which flash 15 miles per hour are located on the east and west approaches on Melrose Avenue and on the-south'approach on Lafayette Boulevard, that a traffic signal is also loc~ed at this intersection with a separate walk interval and there are push buttons on the north and south sides of Melrose Avenue east of Lafayette Boulevard to engage the walk lights, that addltional- ly school patrols were stationed at this intersection both in the a.m., ~nd p.m., that the above listed combinationof safegu~ds would appear to render the intersection safe, particularly in the absenc~ of accidents at this intersection IWnich involves school children, however, traffic volt, ne is high at this location and the e0nfigttration 'of the inter~ection eo~lbined with the steep grade entering the intersection on Lafayette Boulevard from the north tends to increase the hazard especially in bad weather, that although the presently installed safeguards at this intersection would appear to be sufficient to preclude the necessity of an adult school c~ossing guard at this location,, the~e is a question in the m~nds of the administration as to vhether the city lB provid~ng as ~orou~h pro~ec~ion ~ ~e ch~l~ as ~gh~ be a~ained b~ ~e u~lliza~lon of a crossin~ gua~ at ~ls location, ~ere[o~e~ it Is retreaded ~at Co~cil concur ~e r~es2 of ~e ~ke C~ty Sch~l ~ard fo~ ~ adul2 c~ossing ~ard ~e ln2e~sec21on of ~lrose Avenue~ N. ~,, ~d ~fayette ~ulevard ~d the2 ~540.00 ~ app~priated to Personal Se~lces ~der Sec21on $45, 'Police~' of ~e 1973-74 budget. ~. ~ou2 ~ved ~a2 Co~c~l conc~ ~n ~e reco~endation of ~e City ~age= ~d offer~ ~e roll.lng ~ergen~ Ordl~ce appropriating the r~uested f~ds ~ (~21246) ~ O~I~ to ~end ~d reordain Section ~45~ of ~e 1973-74 Appropriation Ordin~ce, ~d providing for an ~ergen~. (For full text of Ord[n~ce, see Ord~n~ce ~k No. 39, Page 29.) ~. T~ut ~ved ~e adoption of ~e Ord[n~ce. ~e ~t~on was seconded by ~. Lisk ~d adopted by ~e roll.lng AY~ Messrs. Garl~d, H~ard, Lisk, Taylor, Tho~s~ Trout and ~yor Webber ................................... 7. ~YS = None ....................0. G~S~ The City ~ager s~tted a ~[tten re~rt advising ~at on ~e 11, 1973, by Resolution No. 20941, Co~c~l au~or[z~ ~e f~ling of an app- lication for Urb~ ~s~st~ce Incentive F~ds by ~e city for the Slue ~dge E~ ~soc~at[on ~d ~nd[cate~ ~e c~ty~s w[llin~ess to serve as receiving ag~t for su~ f~ds, sa~d gr~t to f~n~ce a 30 ~nute ~ doc~enta~ conceding child ~use in ~e C~nwea~ of Virginia, ~at s~sequent to ~at Resolution, a gr~t in ~e ~t of $2,438.00 was approved, ~at ~A-~ pro.sas to pro- v~de $3,530.00 ~ ~-kind ~tch to this gr~t, that applicat[on was ~de to ~e D.J.C.P. for ~w ~forc~t Gr~t f~ds in ~e ~t of $8,952.00 to provide ~e r~der of ~e $~4,920.00 cost of ~e doc~en~, that it was ~at ~at it was ~e~r feeling ~at ~ey were ~e ~st logical so.ce for f~ds for ~[s pu~se~ ~at ~e Virginia Depar~t of Welfare and Institutions agree~ to provide ~e $8,952.00 and ~e Co~c~l on Cr[~nal Justice s~s~ently rejected ~e r~est for a ~w ~forc~nt Gr~t, ~at ~e ~par~nt of Welfare ~d Institutions has re~ested ~at ~e City of ~oke approve ~e to~l progr~ ~d appropriate ~e $2,438.00 U~ ~s[s~ce Incentive F~ Share ~d ~e $8,952.00 D.W.&I. ~hare, wi~ ~e ~derst~d~ng ,~at these f~ds will re~sed~ rec~-nd~g ~at ~e pro.sa1 be approved by Co~cil an~ fur~er re--ending ~at Co~c~l appropriate $11~390.00 to ~s gr~t accost. ~. Lisk ~ved ~at Cocci1 conc~ in ~e re~rt of ~e City ~ag~ ~d offered ~e roll.lng ~ergency Ordin~ce appropr[atlng $11,390.00 to ~ld ~use ~ta~ ~der Section %548, '~ild ~use ~c~,' of ~e 1973-74 budget: (121247) AN Op/)ZHA.qr'~ to a~nd and'reordaln Section [548~ "Child (For full text of O~d~n~ce, see O~in~ce ~k No. 39, Page 29.) ~. ~isk ~ved ~e adoptL~ of ~e Ordin~ce. ~e ~tion vas seconded by ~. H~d ~ adopt~ b~ ~e foll~ng ~ebbe~ .................................... ~YS: N~e ...................... 0. ~. ~ou~ offered ~e roll.Lng Resolution au~orizin~ and approving ~e c~ty~s participation in a project for televising a 30-~nite fi~ doc~enta~ on chll~ ~use in ~e C~onweal~ of VirOinia, wi~in ~e ~anoke Valley, by acting as recelvin~ agen~ for f~ds to be used ia ~e project. (~21248) A ~O~ION authorizing ad a)proving the city's pa~ticipa- tion in a project ~or televising a 30-~nute fl~ doc~enta~ on child abuse in ~e Co~nweal~ o~ Virolnia, wi~in the ~oke Valley, by acting as receiv- ing ag~ for f~ds to be used in ~e project. {For full t~t of Resolution, see Resolution ~ok No. 39, Page 30.) ~. T~ut ~ved ~e adoption of ~e Resolution. The ~tion was seconded by ~. Th~s ~d adopted by ~e roll.lng ~te: ~yor Weber .................................. advising ~ by Orflinace ~o. 21175 Coucil au~orize~ ~e city ~nager to tion for six each 10,000 gallon rail ta cars to ~us~rt pickle liquor to ~e Sewage Trea~t Pl~t, that ~e city has be~ notified by ~eellng Pittsb~oh Steel Co~ratlon, ~e' city's supplier oi pi~le liquor, ~at ~e rail~a co~y charges ~eel~g pittsb~gh Steel Co~ora~ion a d=rra~e on ~y rail car ~at is at ~eir rail y~d ~re ~ 48 ho~s, ~at ~eelin9 Steel Co.oration fleslres to s~lease fr~ ~e city ~e rail tak cars while ~ey are on ~eir lot ad has provided ~e city wi~ a suggested lease fora preclude ~eir having to pay ~is d~rage ch~ge, ~at ~e~e ts a clause in ~e city's lease agre~t wi~ ~eral ~ericn Trus~rtation Co.ration which will all~ ~is s~lease ~d r~uesting au~ori~y to ~lease these six each 10,000 gallon rail ~a cars to ~eel~g Pittsb~oh Steel Co.oration using a fo~ of lease agre~ent approved by ~e City Atto~ey. ~. ~s ~ved ~t Co~cil con= in ~e re.est of the ~nager ~d offered ~e roll.h9 ~solution: (~21249) A ~SO~ION au~orlzino that ~e city s~lease to ~eelino- Pittsburgh Steel Co~ration certain rail ta cars leased by ~e city General American Transportation Corporation pursuant to the provisions of Ordinance No. 211'75, adopted October 22, 1973. (For full text of Resolution, see Resolution Book No. 39, Page 31.) Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Hessrs. Garlandt Hubard, Llsk, Taylort Thomas, Trout and Mayor Webber ................................ ?. NAYS: None .......................0. PARKS AND PLAYGROUNDS: The City Hanager submitted a written report advising that unless otherwise directed by Council, he is directing the Director of Parks and Recreation and the Director Of public Works to terminate the electrical service to tennis courts, baskethall courts, etc., until such time as adequate energies are available. Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Garland and unanimously adopted. CITIZENS' ADVISORY COMHITTEE: The City Manager submitted a written report with regard to a comunication fram the Citlzens* Advisory Con~ittee requesting definite directions from Coencil as to its responsibilities or requesting that the co~nkittee be dissolved, advising that there appears to be a valld need for a vital connnunity organization such as the Citizens' Advisory Committee and recommending that council retain this committee after ascertaining which of its current members desire to continue to serve and upgrade the current co~n~ttee by selection of additional members with the expertise needed to make this committee a viable arm of the City Planning Conmdssion. Mr. Thomas ~oved that the report be received and filed and concurred in by Council. The motion was seconded by Mr. Trout and u/la~/mously adopted. STI~EETS AND ALLEYS-TPJ%FFIC: The City Hanager submitted a written report with regard to a petition signed by residents of Hamilton Terrace, S. E., requesting that Hamilton Terrace be ~ade a one-way street, recon~nending that parking be prohibited along the west side of Hamilton Terrace between Walnut Avenue and Belleview Avenue, S. E., and that the residents of Hamilton Terrace express their support of the construction of the new Jefferson Street Bridge over the Roanoke P~ver at the public hearing to be held at the National Guard Armory on December 12, 1973. Mr. Hubard ~ovcd that the report be received and filed ~nd concurred in 'by Cot~lcil. The motion was seconded by Mr. Lick and unanimously adopted. pA~KING GARAGE: The City Hanager submitted a written report advising 'that Council by its previous actions directed the City Manager to proceed with acquisition of certain lands needed by the city of Roanoke for the constrl/ctIon of a new parking garage facility in downtown Roanoke, that prior to acquisition of this property, it was necessary to update the appraisals previously obtained 343 3'44~ for the fou~ pieces of property in question, that these revised appraisals have bean received ~nd rec~m,~e~dlng ~hat Council by 'Ordinance authorize the City Nanager .to purchase and acquire for' ~he City of ~oanoke the fou~ pieces of property needed as a future site of this pa~klng facility, rec~ending that Council authorize payment ~o I.O.O.Fo in the amounb of $220,000.00, to Charles N. Burton, in the amount of $147,000.00, to George B. Lawson, et aX., in the amount of $88,000.00 and to the Hountain Trust Bank, in the amount of $545,000.00, and further recon~ending that Council authorize the City Hanager to enter into such appropriate purchase option agreements and/or contracts for the purchase of this property from the owners. Hr. Llsk moved that Council concur in the recon~endation Of the City Manager and offered the following emergency Ordinance: (#21250) AN ORDINANCE providing for the city's acquisition of certain properties wanted and needed as a site for a publicly owned downtown parking facility in the City Of Roanoke, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book NO. 39, Page 32.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. H~tbard and adopted by the following vote: AYES= ltessrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. ?. NAYS: None .........................0. FIRE DEPARTM]~TF: The City Manager submitted a written report advising that for sometime the city administration has been negotiating with representatives ~f the Norfolk and Western Railway Company for the purchase of a tract of land Located in the northeast quadrant of the intersection of Tazewell Avanue, S. N., md Second Street, S. E., containing 21,344 square feet of land which when coupled ~ith the relocation of that street would provide a site in excess of .86 acres )f land, that this site appears to he a sultable location for a new No. I fire ration, that appraisals prepared on this site have indicated its fair market ~alue to be $85,000.00 or $4.00 per square foot, the Norfolk and Western Mailway ;ompany representatives have indicated a receptiveness to a proposal from the ;ity to purchase this land alld recommending that Council authorize the City ~anager to present the Norfolk and Western Railway Company with a firm offer in the amount of $85,000.00 for the purchase of this site for the design and ~onstruction of a new No. 1 fire station. Mr. Lisk moved that Council concur in the recommendation of the City ' - ~%nager and offered the following emergency Ordinance: (t21251) AN ORDINANCE providing for the city's acclllisitton of :ertaln property wanted end needed as part of the site for relocation of Fire ;ration NO. 1, in the City of l~anoke, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 33.) 1~. Llsk moved the adoption of the Ordinance. The motion was seconded by Hr. C, arland and adopted by the following vote~ AyES~ Hessrso Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayor Webber .................................. ?. NAYS ~ None ................... 0. $C~OOLS-BUSE~ The City Manager su~m/tted a written report transm~tting copy of the final 'P~a~oke Transit Study,' as prepared by Wilbur Smith and Associates, Transportation planners. ~r. Garland moved that the report be received and filed. The motion was seconded by Hr. Thomas and unan~=ously adopted. SEWERS AND STOP~4 DRAINS~ The City ~nager submitted a written report advising that the city is in receipt of a request from the ~oanoke County Public Service Authority to connect sewerage facilities from the north side of Peters Creek P~ad through the Arrow Wood Golf Course to the nearest point on the Arrow Wood sewer syst~, that with the completion of this installation it would be proposed that the newly constructed Cavalier-Scottish Inn and Restaurant as well as the Holiday xn~ and Econo Motor Lodge be connected to the Lick Run sewage system, that this request was before the Water Resources Committee on March 19, 1973, at which tt~e the city's policy of requiring upgrading of sanitary sewers as necessitated by ultimate developmunt of a drainage area was reaffirmed, that the most recent request asks reconsi.~.eratton of this decision and recommending that Council refer this matter to the Water Resources Committee for review, consideration and report to Council. Mr. Rubard moved that Council concur in the report of tho City Manager and that the matter be referred to the Water Resources'Committee for study, report and recommendation to Council. The motion was seconded by Mr. Lisk and unanimously adopted. COUNCXL-ZALE OF PROPERTY: The City M~nager submitted a written report requesting that Council meet with h~m in executive session following the Council meeting to discuss a real estate matter and a personne! matter. Dr. Taylor moved that Council concur in the request of the City Manager. The motion was seconded by Hr. Trout and adopted by the following vote= AYES: Messrs. Garland, R~bard, Lisk, Taylor, Thomast Trout and Mayor Webber ............. ~ .................... ?. NAYS= None ...................0. AII~ORT: The City P~nager submitted the following report in connec- tion with transfers and appropriations within the airport fend relative to the 900 foot extension to Ranway 5L/23R at Roanoke Municipal (Woodrum) Airport: 345 ~December .'l 0~ 1973 .' Honorable Halro~ an~ City Council ~oanoke ~ Virginia Council by OrdLnance Numbe~21217~ dated November 17~ 1973~ approved ~he concept of a 900 foot extension to Runway 9L/23R and dl~ecte~ ~he ad~Lnie~ation ~o proceed wl~h ~ha necessa~ steps to Implement ~hie concept; ~ Oar £irs~ objective ia to identif~ and obtain options on Lha land required for th~e extension. De- pending on ~he availability of: funds and the actual cost of desired land, wa may also attempt to acquire a s~all tract of land contiquous to the land actually needed for the runway extension: This small contiguous tract is not needed for ~he runway extensLon per se but will be needed for the overall A~rport expansion and developmant program. We have identified certain funds that can be made available for land acquisition and hereby seek to combine them J~lto one fund. A~rport Fund account number 550-906, Land Acquisition, contains an unancumberad balance Of $99,800.00. This is the fund that is to be used for land acquisition. To supplement this fund, the following is requested. 1. Transfer $28,902.36 frc~ Capital Improvement Fund Num- ber 71102 to A~rport Fund Nu=~ber 550-906. This fund was provided to make a 300 foot extension to Runway 15, however, it is considered that the need for the extension to Runway 23 takes priority. 2. Transfer $75,000.00 from Airport Account 550-908, Improve- merits to Runway 15, to Airport Account 550-906. This money was provided to supplement the $28,902.36 noted above but again it is felt that Runway 23 takes priority to Runway 15. 3. Appropriate $106,595.10 to Airport Account 550-906 from revenue received from the now' extinct Boarding tax. Should the above action be taken,' by approval Of the accompany- ing appropriate ordinances, than a total of $310,297.45 will be available tn A~rport Fund 550-906 for land acquisition. We may anticipate rel~nbursemant from the Federal Aviation Administration of 75% of the cost of this land. The t~ng of reimbursement be ds~e~ded on the availability of funds however. An offlcial Of the Federal Aviation Adm~nistration has verbally informed this a~m~nistratton that FAA currently has available in their 1974 bud- get $158,000.00 that can be used for land acquisition. Further allocations depend on the availability of funds and pro~ect justl- ficat~ons and priorities of our' and other airports. Wa have prel~nary estimates of the cost of land required and desired and are p~oceeding with a more exact cost appraisal. Respect fully s~bmitted, S/ Byron E. Haner Byron El Haner City Managerw Hr. Trout moved that Council Concur in the report of the C£ty Manager and offered the follow~ng ~ergency Ordinance appropriating $106,59~.61 to Extension to Runway 5L/23R under Section %550, 'A~rport Capital Improvements Program,' Of the 1973-74 airport budget: (%21252) ~iN ORDINANCE to a~nd and reordain Section ~550, 'Airport Capltal Improvements Program,' of the 1973-74 Airport Fnnd Approprla.tion Ordinance, and providing for an emergency. (For full text Of 0rd~nance, sea Ordinance Book No. 39, Page 34.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote:' AYES: Messrs. Garland~ Hubard~ Ilsk, Taylor, Thomas, Trout and Mayor Webber .................................... 7. NAYS: None .....................0. Mr. Trout then offered the following emergency Ordinance decreasing Improvements to Runway 33 by $28~902.36, decreasing Improvements to Runway 15 by $75,000.00 and lncreashlg Land Acquisition by $103,902.36 u~der Section ~550, 'A~rport Capita! Improvements Fund,' of the 1973-74 airport budget= (%21253) AN ORDINANCE to amend and reordain Section 1550, "Airport Capital Improvements Fund,' of the 1973-74 Airport Fund Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 39~ Page 35.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, L~sk, Taylor~ Thomast Trout and Mayor Webber ....................................... 7. NAYS: None ........................0. TI~tFFIC: The City Attorney sub~/tted a written report advising that by Ordinance No. 21207, Council fixed a 50 ~/le per hour speed 11mit appli- cable to all motor vehicles Operated on the business of the city, that such was done at the behest of the President of the United States addressed to heads of all state and local governments and at a t/-~e when the state-wide speed l~mits had not been reduced for the purpose o£ conserving and reducing the quan~/ty of fuel used by motor vehicles, that recantly, by Executive Order of the Governor of Virginia, the state-wide maximum speed 1/mit on all publlc highways has been fixed at 55 iailes per ho~r and it is considered by the City Manager a~d th~ City Attorney that the order Of Cotmcil applicable to motor vehicles operated on the city's business should be made to conform to the new state-wide regulation and transmitting an Ordinance which would amend the former Ordinance so as to provide for a 55 m/le per hour max/mum speed lim/t in the above situat~on. Mr. Trout ~ved that Council concur in the report of the City Attorney and offered the followlng emergency Ordinance: (%21254) AN ORDINANCE a~e~d£ng and reorda/ming Ordinance No. 21207, 1/~ting the speed at which vehlcles owned by or operated upon the business of the city may be operated ~ntil further Order of the Council, providing for the enforcement of the provisions of this Ordinance~ and providing.for an emergency. (For full text of Ordinance, see Ordinance Book NO. 39, Page 35.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. L~sk and adopted by the followlng vote: AYES: ~ssrs. Garland~ Eubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. 7 · NAYS: None .....................0. LIBRA/~ES: The City Attorney s~itted a written report in connection wlth a ~-rltten agreement between the City Of Roanoke and the Co~knty of Craig 347 34'8 whereby the city would agree to provide certain weekly bookmobile library services to said county. Dr. ~eylor ~ved ~at ~c~ c~c~ ~ ~e ze~rt o~ the Atto~ey ~d offer~ ~e ~oll~lng ~rg~cy Ord~ce* . (J21255) ~ 0~I~ au~orlz~g ~e cityts exertion of a contract wi~ ~e Co~ty of Cra~g~ providing for ~e' city*s fu~shing of certain ~k- ~blle libr~ se~ce to said ~ty u~n certain te~ ~d conditionsj and providing for ~ {For full t~t of Ordin~ce~ see Ord~n~ce B~k No. 39~ Page 37.) Dr. Ta~lor ~v~ ~e adoption of ~e Ordinance. ~e ~tfon was seconded by ~. ~u~ and adopted by ~e roll,lng A~S~ ~ssrs. Garl~d~ H~ard~ L~sk~ Taylor~ Tho~s~ Trout and ~yor ~eb~r ..............................7. ' ~YS: No~e .....................0. S~T ~-STA~ HIG~AYS-I~UST~ESt The C~ty Pl~n~ng s~itted a ~tten re~rt ~n co~ection wl~ ~e request of ~e Assist~t C~ty ~ager for ~e est~lis~ent of ~ree street n~es for ~e recently opened ~cke Industr~al Access ~ad fr~ 10~ S~reet~ N. N. ~ westward to ~he ~cke C~p~y~ rec~d~g that ~e new ~cke Industrial Access Road car~ n~es of ~kl~d Av~ue, N. ~., Co~t S~ee~ N. ~., ~d ~drews ~ad~ ~. ~ou~ ~ved ~nt Co~c~l conc~ ~n ~e re~rt of ~e C~y Co~ssion ~d ~at ~e ~t~er be referred to ~e C~ty At~o~ey for preparation of ~e proper neas~e. The ~t~on was seconded by ~. L~sk ~d adopted. S~T ~-~P~I~ P~R CO~-INDUST~ES: The C~y Pl~n~ng Co~s~on S~ted a ~tt~ re~ ~n ~ec~on w~ ~e request of ~s~s~t C~ty ~ager for ~e e~bli~ent of a s~eet n~e for ~e recently cons~cted s~eet f~ 9~ S~ee~ S~E., to ~e new se~ce center of Appalach~ Power C~y~ rec~ending ~at ~e new street car~ ~he n~e ~ver Av~ue~ S. E. ~. Trou~ ~ved ~at Co~cil conc~ ~n ~e re~rt of ~e ~l~ng C~ss~on ~d ~at ~e ~tter be'referred to ~e City Atto~ey for prepara~on of ~e proper ~as~e. ~e notion was seconded by ~. L~sk ~d ~o~ly adopted. ZONING~ The C~ty P1~n~ C~ss~on s~tted a ~t~ re~r~ ~r~- n~tting A Plying Depar~nt Re~rt on rez~n9 petitions fr~ Au~st~ 1966r to ~tober 31~ ~973~ advising ~a~ ~t is no~ed ~at ~ere is a need to l~d use policies wi~ res~ct to h~gh density residential develo~en~s c~erc~al deve~op~t ~d ~nt ~is ~ foliation would constitute a ~jor el~t of ~e revised l~d u~e pl~ pres~1y being developed by Plying C~ss~on. ~tro Gazland ~oved that the report be received and filed. The ~otion was seconded by ~tro T~out and unanl~nously adopted. HOOSING-SLOH CLEARANCE-STP. EETS AND ALLEYS8 Council having referred to the City Planning C~sion for study~ report and re~on~nendation the request o£ the City of ~oanoke Redevelol~nent and Housing Authority, that certain alleys and portions of alleys within the boundary of or bordering the Gainsboro Heighborhood Developn~nt P~ogra~, Project VA A-6, in the northwest section of ~he City Of Roanoke be vacated, discontinued and closed, the City Planning Com~ission su~nitted a written report recommending that the request be granted. Hr. Thomas ~oved that Council hold a public hearing on the request at ?:30 p.m., Wednesday, January 2~ 1974, in the Council Chamber. The motion was seconded by Hr. Lisk and unanimously adopted. ST~{EETS A~D ALLEYS = Council having referred to the City Plan~lng Commission for study, report and recommendation the request of Alton Lows, Incorporated, and Kennard-Pace Company, Incorporated, that those unopened portions of Twentieth Street, S. W., and Nineteenth Street, S. W., both extend- ing in a southerly direction from Chapman Avenue, S. W., and an unopened twelve foot alley extending in a westerly direction from the aforesaid portion of Nineteenth Street, bo vacated, discontinued and closed, the City Planning Commission s~,~tted a written report reco~m~ending that the request be granted. Hr. Thomas moved that Council hold a public hearing on the request at 7=30 p.m., Wednesday, January 2, 1974, in the Council Chamber. The motion was seconded by Hr. Lfsk and unanimously adopted. STREETS AND ALLEYS: Council having referred to the City Plannlng Comm~sslon for study, report and recomendation the request of Community Hospital of Roanoke Valley and Carnett Investments that that certain alley extending from the southerly side of Ho~ntafl~ Avenue, S. E., to the northerly side of Highland Avenue, S. E., located between First.Street, S. E., and Third Street, S. E., and rtmning parallel thereto, be vacated, discontinued and closed, the City Plannlng Comn~ssion submitted a written report recommending that the request be granted. Hr. Thomas moved that Council hold a publlc hearing on the request at ?:30 p.m., Wednesday, January 2, 1974, in the Cotuncil chamber. The ~otion was seconded by Hr. Lfsk and ~ulanf~ously adopted. I{EPORTS OF COMMIT~ES: SALE OF PROPERTY: The Real Estate Co, tree submitted a written report in connection with the offer Of the Williamson Road Life Saving and First A~d Crew to obtain city-owned property located at 2917 Willlamson Road and presently occupied by the City of Roanoke Signal Department, reco~ending that the property be held until such time as the Signal Department no longer needs said property, that the structure then be razed and removed because of its 349 3§0 condition and that the property then be offered for public sale at the fair market value and further rec~ndlng that the Wllliamson Road Life Saving and First Aid Crew, Incorporated, be invited to look ~nto other'city-owned property which is not in use at the present tLme and which might be available. Hr. Garland moved that the report be received and filed and concurred in by Council. The motion was seconded by Hr. Thomas and adopted, Mayor Webber not votLng. AlP. PORT: The Airport Advisory Co~ssion and the City Manager submitted wrlttun reports advising that the city has contracted with John A. Hall & Company, Incorporated~ for the construction of a roadway at Roanoke Municipal (wooclrum) Airport and recon~endlng that Council authorize the City Hanager to execute a change order to that contract, in the amount Of $12,685.30, in order to pave the employees' parking lot' at the airport~ Hr. Trout moved that Council concur in the recommendatlon of the Airport Advisory Com~/ssion and the City Manager and that the matter be referred to the City Attorney for preparation of the proper measure provldlng for the change order. The motion was seconded by Hr. Lisk and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF C~t~MS: NONE. INTRODUCTION AND CONSIDERATION OF O~DINAHCES AND P. ESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 21234 vacating, discontinuing and closing that unused portion o£ Walton Street, N. H., 40 feet in width and extending 112 feet south from the southerly side of Wallace Avenue, N. E., lying between Lot 60, Block 12, Lilly View Hap, and Lot 62A, Block 12, Jackson Park, having previously been before'Council for its first reading, read and laid over, wan again before the body, Hr. Hubard offering the follow£ng [or its second reading and final adoption: (S21234) AN ORDINANCE vacating, discontinulng and closing that unused portion of Walton Street, N. B, , 40 feet in width and extending 112 feet south from the southerly side of Wallace Avenue, N. E., this portion of Walton Street, N. E., lies between Lot 60, Block 12, Lilly View Map, and Lot 62A, Block 12, Jackson Park. (For full text of Ordinance, see Ordinance Book No. 39, Page 22.) Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, L~sk, Taylor, Trout and Mayor ' Webber ................................... 6. HAYS= None ....................0. (Hr. Thomas not voting) STrEeTS AND ALLEYS: Ordinance No. 21235 vacating, discontinuing and closing that certain unopened portion of 17th Street, S.W., which extends in a northerly dlrect~on from its intersection with Campbell Aven~e, S. W., approximately 150 feat, more or less, said street being 50 feet wider more or less, having previously bean before Council for its first reading, read and laid overt was again before the body, Mr. Garland offering the following for its second reading and final adoption: (~21235) AN ORDINANC~ permanently vacating, discontinuing and closing that certain unopened pertlon of 17th Street, S. W., which extends in a northerly direction fro~ Its intersection with CAmpbell Avenue, S. W., approximately 150 feetw more or less, said street being 50 feet wide, more or less. (For full text of Ordinance, see Ordinance Book No. 39, Page 24.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk· Taylor, Thomas, Trout and Hayor webber ................................ ?. NAYS: None .......................0. SEWERS AND STORM DI~A/NS-STREETS A~D ALLEYS: Ordinance No. 21236 permanently vacating, discontinuing and closing a certain portion of Underhill Avenue, S. E., 40 feet in width, extending from the easterly llne of Benntngton Street· S. E.· to the west line of Kindred Street, S. E., and all of that certain 12-foot wide alley extending through Block 4, Of the Map of Eastover Place betweun Benntngton Street and Kindred Street, S.E., aforesaid, said street and alley being shown on Sheet 433 of the city's Tax ~9.Dralsal ~ap, the title to which sald portion of said street end alley shall revert to the abutting owners, havlng previously been before Counctl for its first reading, read and laid over, was again before the body, Hr. Trout offering the following for its second reading and final adoption: (%21236) AN ORDINANCE permanently vacatlng· discontinuing and closing a certaln portion of Underht11 Avenue, S. E., 40 feet ~n width, extending from the easterly line of Bennington Street, S. E., to the west line of Kindred Street, S. E. · and all of that certain 12-foot wide alley extendlng through Block 4, Of the Map Of Eastover Place between Bennlngton and Kindred Streets, S.B., aforesaid, said street and alley being show~ on Sheet 433 of the city's Tax Appraisal Hap, the title to which said portion Of sald street and alley shall revert to the abutting owners~ end authorizing the payment of viewers in connection with said street closing. (For full text of Ordinance, see Ordlnance Book No. 39, Page 25.) Mr. Trout moved the adoption of the Ordlnance. The motion was seconded by Mr. Lisk and adopted by the foll~wlng vote: AYES:. Messrs. Garlend, Hubard, Lisk, Taylor, Thomas, Trout and Mayor webber ........ NAYS: None ...................0. .351 ~352 ZONINGS ordinance No. 21237 rezonlng property located near the intersection of Cove Road and Hershberger. Road, No W°, described as the north- easterly~ort~ton of Official Tax No. 2480147 and all of Official Tax Nos. 2480117, 2480141, 2480148 and 2480111, all of vhlch contain 16 acres, more or less, fz~a~S-3~ Single-Family ~esident~al Bls~rict, to Rd-l, General Residential District, hav~ng previously been before Council for its first reading, read and laid over, vas again before the body, Dr. Taylor offering the follo~ing for its second reading and final adoption= (J21237) AN O~DIHA~CE to amend Title XV, Chapter 4.1, Section 2, off The Code of the City of Roanoke, 1956, as amended, and Sheet No. 248, Sec- tional 1966 Zone Hap, City of Roanoke, ~ relation to Zoning, (For £ul1 text off ordinance,' see Ordinance Book NO. 39, Page. 27.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconde~ By ~r. Lisk and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taylor and Thomas .... NAYS= Mr. Trout and Hayor Webber ..............................2. p~NSIONS: Mr. Trout offered the following emergency Ordinance emending Sec. 3. Membership, of Chapter 1. General Provisions, Title IIX, Pensions and Retirement, of The Code of the City of Roanoke, 1956, as amended, by amending and reordaining sttbsection'n~mbered (6), providing for certain additional membership tn the Employees~' Retirement System of the city: (%21296) AN ORDINANCE a~endlng Sec. 3. Me~abership, of Chapter l. General Provisions, Title III, Pensions and Retirement, of The Code of the City of Roanoke, 1956t as a~ended, by a~end~g and reordaining subsection numbered (6), providing for certain additional membership in the Employees~ Retirement System Of the city~ and providing for an emergency. [For full text of Ordinance, see Ordinance Book No. 39, Page Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. B~bard end adopted by the followlng vote: AYES= Messrs. Garland, Hubard, L~sk, Taylor, Thomas, Trout and Hayor Webber .......................................................... 7. NAYS = None ................................................. 0. COUNCIL-CITY EM~LOYE~S = Co~ncil having directed the City Attorney to prepare the proper measure establlshing the Mondays Of December 24 and December 31,' 1973~ as legal holidays for the c~rrent year only, he presented s~me~ whereupon, Mr. Lisk offered the followLng Resolution: (%21257) A RESOLUTION establishing the Mondays of December 24 and december 31, 1973, as legal holidays for the c~rrent year only. (For full text of Resolution, see Resolutlon Book No. ~9, Page 39.) Mr. L~sk moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote= AYESz HesSrSo Garl~nd~ Huba~d~ Llsk~ Ta~lor~ Thomae~ l~out and ~yor We~r .............................. ~YS ~ N~e .............. r ...... 0. Dr. Taylor ~ offere~ ~e foll~ng ~solut~on ch~ging ~e dates of ~e regular ~et~ng of ~c~l on ~c~r 24, 1973, at 2 p.m., to ~c~er 26~ 1973~ at 2 p.m.~ ~d ~he re~la= ~et~g of Co~c~l on ~c~er 31, 1973, at 7=30 p.m., to J~ua~ 2, 1974v ab 7~30 p.m= (921258) A ~SOL~ON ch~g~ng the ~ates of t~ re~lar weekly meetings of ~e ~cll of the City off ~oke. (For full text of ~solutlon, see Resolution ~k No. 39, Page 40.) Dr. Taylor ~ved ~e adoption of the Resolution. The ~tion was AY~ ~ssr~. G~land, H~ard, ~sk, Taylor, ~o~s~ ~out and ~yor Webber ...............U ...... U ......... ~YS = None .......................0. G~S-POLI~ DEP~T~= Co~c~l hav~ng directed the City Attorney to prepare ~e proper ~as~e au~or~z~ng ~e filing of ~e C~ty of Provokers application w~ ~e Division of Justice ~d Cr~me Prevention for an action grant of federal f~ds for ~l~tat[on of a High Inc[d~t Target Progr~ - Phase II, to test ~d dete~ne ~f ~e Police ~par~ent, utilizing a specifically ~a~ned ~d ~u~pped b~gla~ ~t ~n con~ct[on with computer applied ~alyt~cal tec~ques c~ have a d~rect ~act on reducing burglaries by 15% wi~n ~e city, he presented s~e~ whereu~n, ~. Trout Offered ~e roll,lng Resolution = ($21259) A ~SOL~ION au~oriz~ng th~ filing of ~e City of Ro~oke~s application w[~ ~e D~v~s~on of Justice and Cr~me Prevention for an action gr~t of federal f~ds for ~l~entat~on of a High Incident Target Progr~ - Phase II, to test ~d dete~ne ~f ~e Police Depar~ent, ut~l~zin~ a spec[flcally ~a~d ~d e~p~d burgla~ ~t ~ conj~c2~on w[~ computer appl[e~ ~alyt~cal tec~iques c~ have a d~rect ~act on reducing burglaries (For full text of Resolut~on~ see ~esolut~on B~k No. 39, Page 40.) ~. ~out ~ved ~e adoption of ~e Resolution. The ~t~on was seconded by ~. L~sk ~d adopted by ~e fo11~g vote= A~S= Messrs. G~l~d~ ~ard, Lisk, Taylor, ~yor Webber .................................... ~YS = None ...........................0. In ~s co~ection, a c~[cat[on fr~ ~. R. G. ~c~er advising ~at cer~ questions need to be ~ered before the first dollar of federal or local f~ds ~s au~ortzed for ~s gr~t, ~at ~is progr~ gives the appear~ce of a group of people seeking to sp~d federal ~ney because 353 available without sbriouslyevaluating the results and ~hat ~he city federal gove~s ~ have h~gh~ p~lorl~ needs ~a~ could use ~ese ~as befo~ Co~cll. ~lon ~as seconded b~ ~. Garbed ~d ~usl~ adopted. hav~ng d~ecte~ ~e C~ty At~ey to prep~e ~e proof ~as~e e~ressing ~e C~ty~s gratitude to ~e ~par~nt of-the Na~ for the donation of the ship's ~11 f~m ~e c~ser U. S. S. ~oke~ he pres~ted s~ whereu~n~ ~s offered the foll~ing Resolut[~ ([21260) A ~SO~ION ~press~ng ~e city's gra2~tude to ~e ~p~t of ~e Na~ for the donation of the Ship's Bell fr~ the USS R~O~. (Fo~ fU~ t~t o~ Resolution, see Resolution B~k No. 39~ ~age ~. ~s ~ve~ the adoption of ~e Resolution. The mtion was seconded by ~. Trout ~d adopted by the follow[n~ AYe: Messrs. Garl~d, H~ard, L[sk, Taylor, Tho~s, Trout and ~yor Webber ................................ ~YS = None .......................0 · M~IONS ~ ~S~OUS BUS[~SS = ~ S~NG: Dr. Taylor ~res~ted the following co~cat~on relating to fair ~ equ~t~le ~istr[bution of revenue sharing '~c~r 10, 1973 Honor~le ~yor ~y L. W~ber ~ H~ers of ~oke City Cocci1, ~oke, V~rg~nia. The hlsto~ of ~e Federal Rev~ue Shat&rig B~11 - to1~ backed - ~s ~at ~t was ~de a co~ersbone of presA- d~t N~xon's d~est~c legislative efforts ~n h~s 1971 Message to ~e Union. It was ha~le~ as a message ~at ~uld brin9 decision ~ing closer to ~a clttz~s, reduce c~altzation of gove~nt ~d &ncrease ~e aton~t o~ states, co~ttes, ~ cities. It has been variously 1~1e~ a ~v~si~ co~se for ~e ~rrect ~e ~physlcal ~tch' between ~e of ~e Union. ~ ~e face of At ~e idea ~es g~ s~se ~er ~e doyle press~e of rising ~s for semites ~ rising costs for supply&ng ~. State ~ local e~dit~es have risen from 94 b~ll~on in 1966 to a staggering 130 b~ll~on in 1970 w~ no en~ ~ sight. S~te ~d local t~es have ris~ for ~e past 25 ye~s ~a a~st all large c~t~es face ~erious budget deficits. The d~st~c ~ss~ons~ especial- ly education, ~lf~e ~d cr~e'con~ol, weigh heavA~y on s~te ~ 1~al budgets while ~e federal gove~ent, whose' pr~e ~ss~ons have been defuse ~ space~ collects twice as much tn t~es as state ~ 1~al gove~nts c~ine~. ~reovar, ~e Na~onal gove~nt has virtually pre-~te~ ~e ~st pro~uctive source o~ rev~ue - personal income ~x, 91% of w~ch is collecte~ for ~e Inte~a1 Revenue Se~ice. ~e of ~e ~n reasons g~ven for tr~sferrlng f~ds away from ~e federal gove~ent Is ~at ~ts agencies are sa~d 355 to be manipulated by lobbiest, subject to political pressures end un~esponsive to local needs. ~ Funds are therefore shifted to the state and 1°Ca1 levels but ~any ~f these governments are also seriously deficient on the above counts to the extent that ~any citizens feel that we shall live to regret revenue sha~ng, The cha~lons of revenue sha~lng say it will bring qove~ment closer to the people and make it more responsive, It might well bring it closer to the control of local establish- ments which should be careful to assure the citizens that will be more res~onsive to the people, all the people, than is Wash~ngtun. In short, revenue sharing is quite clearly a shift of fundew not complete but considerable, from social reform, social ~ustlce end redistribution towards society-wide £unctlons! from humanistic missions (housing end education) to environ- mental protection and hardware. Therefore~ ! urge the mem- bers of this Council to meet as a Committee of the Whole and establish tentative priorities for o~r future revenue sharing funds. This program Is designed to give each Mayor and Council more leeway to plen. We must be sure not to cut such things as services for the elderly end housing for the poor. On the other hendw we may be able to earmark funds for such things as the two sw{mm{,g pools that have already been requested for south- east end northwest since these are one time expenditures. realize our needs are many and great, howeverw ! believe a meeting of Council with the C~ty Manager wi1! enable us to make a fair end equitable distribution of revenue sharing fends. Respectfully sub~ltted, S/ Noel C. Taylor Noel C. Taylor Councilman. Dr. Taylor moved that the matter be referred to Council acting as a Committee of the Whole for study. The motion was seconded by Mr. Thomas and unanimously adopted. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST: ~.~ Deputy City Clerk Mayor "!356 COUNCIL, REGULAR H~ETING, HondaY, December i7, 1973. The Council of the City of Roan=ke met in regular meeting in the Council Chamber in the Municipal Bullding~ Monday, Dec~mber 17, 1973~ at 2 p.m., the regular meeting hour, with Mayor Roy ~.. Webber presiding. PRESENT: coUnci~m~n Robert A. Garland, William S. Hubard, David K. I~ek, Noel C. Taylor, Hampton W. Thomas, James O. Trout, and Mayor Roy Webber ....................................... 7. ABSENT: None ......................0. OFFICERS PRESENT: Hr. Byron E. H~er, City Manager~ Hr. Sam H. McGhee, III, Assistant City Hanager; Hr. James N. Klncanon, City Attorney~ Hr. H. Ben Jones, Jr., Assistant City Attorney; and Hr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend E. Benjamin Sanders, Pastor, St. Elizabeth's Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, December 10, 1973, having been furnished each member of Council, on motion of Hr. Trout, seconded by Hr. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. ~F~ARING OF CITIZ~;S UPON PUBLIC ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mr. Richard E. Harmon representing the Patrick Henry Boosters Association appeared before the body and requested that Council approve the placing of signs at highway entrances to the City of Roanoke recognizing the 1973 Patrick Benry Football Team as state champions, and suggesting that the sign read "Home of the Patrick Henry Patriots, State High School Football Champions, 1973." Mr. Trout ~oved that the request be referred to the City Manager for study, report and recommendation to Council. The motion was eeconded by Hr. Lisk and unanimously adopted. PETITIONS AND COMMUNICATIONS: SCHOOLS-BUSES-LEGISLATION: A co~Aunication from the Roanoke City School Board requesting that the legislative package to the General Assembly contaLn the request that the Roanoke City delegates to the General Assembly introduce and support legislation that would allow yellow school buses that transport students to and from school be used for other m~nicipal transporta- tion when they are not in use by the School Board, was before Council. In this connection, a communication from Councilman Hampton W. Thomas relative to the use of school busee for matters other tha/~ transportation of students, was also before Co~ncil. :357 Itt. Thomas moved that the City Attorney be instructed to prepare the proper measure renewing the request of[ the City of[ l~oanoke to the General Assembly :[or leglsla~on to peignot the use of school buses for matters other than transportation of[ students. The motion vas seconded by ~tr. Trout and unanimously adopted. DEPOSITOP/ES: A ~m~unication f[rom Mr. J. Albert Ellett, Attorney, representing First Virginia Bank of ~oanoko Valley, requesting that Title 5, Chapter 3, Section 1, of The Co~e of the City of Roanoke, 1956, as amended, be amende~ In Order f[or the First Virginia Bank of Roanoke Valley to become a depository for public monies of the City of Roanoke, was before Council. Mr. Trout moved that the matter be referred to the C~ty Attorney and the City Auditor for study, report and rec~endation to Council. The motion was seoonded by Dr. Taylor and unanimously adopted TR~ASURER-'BONDS: A communication from Mr. J. H. Johnson, City Treasurer, requesting that Counei! prescribe the sum for h~s city bond and approve a surety in tee for a new bond to be executed on or bef[ore December 28, 1973, w~s be£ore Council. Mr. Thomas moved the adoption Of[ a Resolution prescribing the amount of the bend of the Treasurer at $200,000.00. The motion was seconded by Mr. Trout. After a discussion of[ the request, Mr. Hubard offered a substitute ~otion that action on the ~tter be deferred ~ntll the next regular meeting of Council on Wednesday, December 26, 1973, pending receipt of[ com=nents from Peat, Marwick, ~tchell & Company, relative to the a~oant of said bond. The motion was seconded by Mr. Lisk and ~nan~nously adopted. ROANOKE CITY ARTS COMMISSION: A communication from Mr. Robert M. Shannon tendering his reslquatlon as a me_tuber of the Roanoke City Arts Commission since he is no longer a resident of the City of Roanoke, was before Counci!. Mr. Trout moved that the resignation be accepted w~th regret. The ~otlon was seconded by Dr. Taylor and ~man~ously adopted. pARKS AND PLAYGROUNDS: A communication from Mr. charles Carter, Jr., expressing his extreme dtsappoint~ent at the darkening of the ter~nis courts in the Roanoke Valley and requesting that Council take his communication ~der conslderation and give it carefu! thought, was before the body. l~r. Lisk ~oved that the cO~=m~nlcatlon be received and filed. The ~otion was seconded by Mr. Trout and u~anlmously adopted. TA/~S: A c~umtcation from Mr. Holton B. Brown advls~ng that he is 62 years of age, that he is retired because of certain physical conditions and requesting that his property at 420 Hershberger Road, N. W., be subject to the same real estate tax freeze as the retired homeowner at age 65, was before Council. Hr. T~out moved Zhat t~3e cc~unication be received and filed and that the City Clerk be instructed to advise Hr. Brown ~hat state law will not pez~lt Council ~0 make adjustments of taxes assessed against persons under the age of $5. The motion was seconded by Hr. Garland and ununimously adopted. R~ORTS OF OFFZCEP~S~ A~pALACHIAN POW~R COMPANY: The City Manager submitted a written rspert advising that the city is in receipt of the Co ~-~nwealth of Virginia State Corporation Commission Order relating to Appalachia~ Power Company's propesed ?68 ~ transmission line, Case No. 10848, that the Order authorized the applicunt to ~-.~mmence construction along the first 10.4 miles of hie proposed ro~te which section is ~mm~on to both routes under investigation, and that th~s matter will be advertised in the newspapers in this and other municipalities as the corridor or routes under investigation originate at the Cloverdale Substation and do not pass adjacent to the City Of Roanoke. Dr. Taylor moved that the report be received and filed. The motion was seconded by Hr, Trout and unanimously adopted. HOUSING-SLUM C~CE: The City Manager s~bmttted a written report transmitting ~raft of a proposal from the City Plannlng D~partment for the conduct of an in-depth housing study to be funded entirely by HUD 701 funds, advising that the study outline is preliminary in nature and the a~nlstration would like to have the benefit of any eoz~ments or suggestions that the med~bers of Council would want to ~a~e in regard to the ~atter, that the steps to be taken are (1) declsion by the city as to the outline and context of the proposal for the Housing Study, {2) submission to H~) of the outline and certain other recognized information to s~ure HUD approval under 701 ~undlng, (3) review of a~y reco~nendations by HUD or changes approved by them, (4) final approval by HUD, and (5} engagement of consultant by a selective process, pointing out that the city is in the process of selecting a housing consultant and will be ret~rting bauk to Council on this ~atter in the near future. Hr. Hubard moved that the report be received and filed. The motion was seconded by Mr. Lisk and unanimously adopted. COAL AND I~/EL O~L: The City Manager submitted a written report advis- ing that the City of Roazioke has been info~-med by the Exxon Co,any that its quota for pre~i~ gasoline is being reduced to 86 per cant of that received previously and that this mea~s that where the city u~iZized 22,0oD gallons Of premium gasoline in December, 1972, the city can expect to receive 18,920 gallons this Decedaber. Mr. Trout reaved that the report be received and fiIed. The ~otion was seconded by Dr. Taylor and unanimously adopted. A~HPORT: The City Attorney submitted a written report advising that subsequent to adoption on May 21, 1973, of Ordinance No. 20890, which fixed and ~m~csed a use and service charge upon certain enplaning passengers at. ~oanoke Municipal (Wood~um) Alrport.~ the Unit.ed St.at.ee ~ng~ess a~opte~ l~lsla~on ~hl~ p~ecluded l~all~les f~m ~s~g such charges~ accozdingl~ he Is ~lng ~ O~ln~ce ~h~ch ~oul~ zepeal Ordln~ce No. 20890. ~. T~Ut ~ offered ~e foll~inq ~gen~ Ordin~ce ~e~al~nq Ord~ce No, 20890~ ([21261) ~ O~l~ regaling Ordln~ce ~o. 20890~ heretofore 'adopted by ~e ~cil on ~y 21, 1973, ~hich Ordin~ce fixed ~d ~sed use ~d se~lce chagge u~n ce~ba~n enpl~inq pass~e;s ab ~oke H~iclpal (~) A~r~; ~d providing for ~ ~eggenc~. {For full texb oE Ordin~ce, see Ogdin~ce B~k No. 39, Paqe 42.) ~. ~ut ~ved the adoption of ~e Ordin~ce. seconded by ~. ~sk ~d adop2ed by ~e follo~tn9 vote= AYe= Hessts. Garl~d, H~ard, Lisk, Ta~lor, Th~s~ Trou2 ~d ~o~ ~eb~g ............................... 7. ~YS = None ......................0. CO~CIL-CI~ A~= ~e ~sisb~b CL2y A22orne~ s~ibked a written re~rt r~uest~ng ~ executive sesslon wi~ ~c~l for the pu~se of discussing certain lit~gatlons i~volving persona~ lnju~ ~d pro~rty d~ge cla~. Dr. Taylor ~ved ~at ~c~l con~r in ~e r~est of ~e ~sist~t City Atto~ey for ~e ~xecutlve session. The ~t~on wa~ seconded by ~out ~ adopted by the foll~ing vote: AYES= Messrs. Garl~d~ H~ard, Lisk, Taylor, Tho~s, Trout ~yor Webber ............................... ~YS= N~e ....................... AUDITS= The C~ty Auditor s~tted a ~n~c~al re~rt for the ~. ~sk ~ved ~at ~e report be received ~d f~led. ~e motlon was seconde~ by ~. T~ut ~ ~usly adopted. D~ OF P~C ~= The City Au~or s~tted a ~n~ly stat~, of e~en~t~es for p~lic welfare for ~e month ended Nov~er ~0, 1973. ~. ~sk ~ve~ ~at ~e stat~nt ~ rece~ve~ ~ flle~. ~e ~t~on was seconde~ by ~. Garl~ ~ ~usly ~ORTS OF C~I~ES = BUSES= ~e Tr~s~rtat~on Study ~ttee s~mitted a wrttt~ report rec~ng ~at Cocci1, ~y ~solut~on, ~s~t to ~e ~ty of ~oke, ~e City of Sal~ ~ ~e ~ of V~nton a re.est to part~=~pate ~ a ~oke Valley Tr~sportat~on D~str~ct= ~359 ~360 'December 17~ 1973 Honorable ~tayor and City Council Roanoke, Vl~gihia ' ' * ' - · .... Gentl_-~: ' ' ' ' The fundamental law for transportation districts ia found in the Virginia Code under Title 15,1w Chapter 32, Articles This portion o£ the Code is known aa the Transportation Act of 1964o' The Act places major emphasis on continuing cooperation between political subdivision within urban areas of the Co~nonwealth as they deal with transportation acti- vities. It further provides that the State Highway sion will be a participant ann that private enterprise will be utill:ed to provide transit facilities so far as reason- ably practicable. For the State Highway ~_o~tssion to participate in the funding of mass transit activities the requirement exists that funds only be provided for transportation districts. Such transportation district can either be a multi-member or single member. While there Is no requirement that poli- tical subdivisions, as ~maers of the transportation district, must be contiguous In order to form a multi-member district, it is essential that each subdivision should have reached some agreement on cooperation. The first requirement Is the passage of mutual ordi- nences by the participating political subdivisions. These ordinances must contain: (a) the name of the proposed trans- portation district which must include the words ~transit district' er 'transportation'district,' (b) a definition o£ thc boundaries of thc districts as they relate to the parti- cular political subdivisions which need not include all of the participating government's territory~ (c) name the cities and towns which are, in whole or In part, to constitute the district and (d) contain a finding that the orderly growth and development of the political subdivision adopting the ' ordinance and the c~mfort, convenience and safety of its citi- sans require an improved transportation system, composed of transit facilities, public highways and other modes of trans- port and that joint actions through a transportation district by the counties, cities or combination which are to compose the proposed transportation district will facilitate the plan- ning and development of the needed transportation syste~. The State statute contemplates that there will be facts cited in support of this. finding. These ordinances,- when passed~ must be filed with the Secretary of the C~m~nnwealth. The Secretary will review the ordinances and certify to the governing body of each partici- pating political subdivision that the ordinances required have been filed and that upon the basis of the facts set forth within the ordinances they satisfy the statutory requirements, including the definition of the territory. ' The General Asgembly has recognized that for a number of reasons it would not always be feasible to establish a multi- member transportation district, even though the necessity for transportation district may be clear and apparent. Thus, the slngle member transportation district concept was added. A single county or city is given the power to constitute itself a transportation district if no contiguous county or city wishes to participate in such a district, prudence would indi- cate an approach to the governing body Of each contiguous politi- cal subdivision within the same metropolitan area, as defined in the Act, with the request that the governing body pass a resolution declining at this tt~e to participate. This will establish the fact without c~m~ttting or seeming to commit the other governing bodies to an irrevocable position. There would seem to he no point toapproachlng contiguous counties outside of the metropoli- tan area; for example, Roanoke County would not have to approach Floyd County even though they are contiguous. Under the ter~s of Virginia C~de amd its section 15.1 - 1354 (2] {Supplement 1973} the governing body desiring to form o~ce r~red fo~ ~l~l~ distichs w~ ~e a~di~onal f~ding ~a~ ~o~ ac~ wl~ c~l~o~ cobbies ~ cl~ies has no~ ~ agreed ~o a~ ~is ~. ~ce a ~s~a~lon dis~lc~ es~l~shed~ l~ bec~s~ by law~ a ~y ~ra~e ~d ~li~ic~ a ~asl~ Is created to ~age ~d ~n~l its affairs. ~cipa~g ~ve~n~ are to decide ~ ~e n~r of vho vlll se~e ~ ~e district ~ssion. ~tl~ of Co~cil~ it Is ~e considered option of the ~s~tion C~ttee ~at If ~e C~ty Is to p~oceed wl~ the p~ase of ~e exist~g trnsit syst~ ~ to reques~ ~e cial assist~ce of ~e State In es~lis~nt ~d f~ding of ~ss ~sit actlon~ ~e City ~cil should at ~ls t~ endeavor to In ~is endea~r~ ~e City shoul~ es~lish a single ~s~;tatl~ district. ~ ~ls end, it ~uld be re~nded ~at City Co~cll, by resolution, trn~t to ~noke ~t~ ~e City o[ Sal~, ~d ~e ~ of Vtnt~ a re~est to participate in a ~oke Valley ~s~rtation District. Respectfully s~tted, S/ ~2 A. Ga~l~d ~rt A. Garl~d, ~ai~ S/ H~ton W. ~s B~ton W. ~. G~l~d ~ved ~at Co~cil =onc~ in ~e reco~endation o~ the c~ttee ~d offered the foll~ing' Resolution: {~1~62~ A ~SOb~ON relating to ~8 creation of a ~oke ~s~r~tion Dis~ict. (For full text o~ Resolution, see Resolutlon ~k No. 39~ Page 43.) ~. Garl~d ~ved ~e adoption of ~e Resolution. The ~tion was se~nded by ~. Th~s ~d adopted by ~e followlng vote: AYES: Messrs. Garl~d, H~ard, Lisk, Taylor, Th~s, Trout and ~yor Webber .............................. ~YS: None ......................0. ~GE ~OV~: ~e ~dfill Co~ttee s~mltted the following re~rt rela~ve to increased costs for ~e 1~dfill ~gineering studies, advising ~at ~e revised cost for ~ls ~rk is $~2,945.06 ra~er ~ $55~000.00 orig~ally ~vlsloned ~d a~propriated, tr~s~tting a breakdo~ of ~s~ ~volved ~d recording ~at Co~cil au~orize e~endltures az speclflcally set out i~ ~e re~rt: 'Dec~er 1~, 19V3 Honor~le ~yor ~d City Co~cil ~oke, Virginia ~ntl~n: There is s~tted to City ~cil a report o~ revised ~st for acc~lis~t o~ various aspects of ~e l~dfi11 study rec~tly c~le~ed' ~d s~tted to ~e State Heal~ ~par~t for app~val as ~e 20-year Regional ~dfill PI~. ~ ~r~ 5, 19~3, City Cocci1 was asked to advice $55,000 for ~e preparation of engineering studies to deter- ~ne ~e aocept~ility of ~e M. S. ~s property for use as a regional l~dfi11 site. City ~cil generously approved ~e adv~c~t of f~ds for ~is study to e~edlte ~at work. 361 3-6'2: Landfill adopted. l~me~ous delays and problems wore enCOUntered ~n the accomplish- 'nest of this work; The woek*vas'lnitiallY hankered by bad weather, by ~he 'resistance of' the neighbors In providing access to their property for'survey purposes and equally ls~ortant by the City's inability to assist In the acconplinhment of the engineering aspects of this project because of the necessity for ou~ closing out the Fallon Park landfill at the same time as va were Improving access to and working in the Vlnton land- fill site. These tasks overcommitted the Cityea sanitarian forces to a point where they could not assist by providing heavy equipment needed du~ing the d~1111ng operations du~lng Inclement weather on the Thomas p~operty. these weather delays and site p~oblems~ additional expenses were incurred by the Law Engineering Testing Company and the City has been asked to Increase'its expenditu~e to that £1rm by ~$,800 above their original proposal. Additionally~ because of these delayer-coupled with the City's uggency to complete the studies so as not to lose their option on the H. S. Thomas p~operty~ Thompson and Litton Engineering ~ade additional t~lps to the City of l~oanoke and performed a great deal of overtime work in'an effort to accomplish the final report for s-~ttal and to provide information on which to base a sound decision to proceed with the procure- ment of the landfill property. AS a result of all of this instead of the $55~000 originally envisioned and appropriated, the revised cost for this work is $72~945.06o A breakdown of these costs is as follows: Expanded boundary survey - David Dick $ 9,660.75 Aerial photography - sanborn Happing and Raytheon Drilling and core bering - Law Engineering 26~961.75 Drawings and prepaxakion of 20-year plan Thompson and Litton Engineering 33,043.56 Total $72j945.06 Sufficient funds are available within the SOlid Waste Disposal Bund Account to make these payments for this addi- tional work and it would be recommended that City Council authorize expenditures as enumerated above. Respectfully submitted, S/ Ja~es O, Trout James O. Trout~ Chairman S/ David K. Lisk David K. Llsk S/ Byron E. Haner Byron E. Haner' Mr. Trout moved that Councll concur in the recommendation of the Con~ittee. The motion was seconded by Mr. Lisk ~nd unanimously U~FINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS~ NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 'STllEET NAMeS-INDUSTRIES: Cotmcil having directed the City Attorney to prepare the propormoasure nsming certain new streets in the northwest and eoutheast c$1adrents of the City of Roanoke in coordination with the unified street name system of the City of P~anoke~ he presented samel where- upon, Dr. Taylor moved that the followlng Ordinance be placed upon its first reading= 363 (J21263) AN ORDIHANCE naming certain new streets in ~he northwest and sout~east quadrants of ~e C~ o~ ~o~e ~n ~rdina~lon v~h ~e C~y's ~ified street n~ syst~. ~, ~ provid~g better eccess to certain Industrial locations ~ ~e no~west ~d s0u~east ~adr~ts of ~e Clty~ ~e City has recently cons~cted ~d opted ceftin ne~ p~llc s~ree~s ~salon ~ r~r~ m~a to ~e Co.oil dated ~c~er 6~ 1973~ has rec~ended ~a~ said new s~ree~ ~ assl~ed ~e n~s h~relnafter pr~scribed~ each said ne~ streets ~ln~ In fact~ ~ ext~sion o~ continuation of ~oth~r exist- lng dedicated o~ ~dedicated street. ~O~ ~ I~ O~D by ~ Co~ll of ~e City o~ ~ok~ as folios ~ 1. ~a~ ~a~ certain new stree~ City~ sh~ on Sheet 213 of ~e T~ 'App~aisal ~p as ~ extension of Court Str~et~ N. W. ~ in a no~erly direction from ~ews ~ad to ~ckl~d Av~nu~ 2. ~a~ ~a~ ca.rain new street City~ sh~ on Sheet 213 of ~e aforesaid ~p as ~ extension of ~ckl~d dis~ce o~ approx~tely 845 fe~ be n~d Rockl~d Avenue~ 3. ~at ~a~ certain new street in City~ sh~ on Sheet 213 of ~e aforesaid ~p as ~drews ~ad~ N. ~. ~ in a 1070 fee~ b~ n~ed ~dre~s Road. 4. ~a~ ~at certain new s~reet in City sh~ on Sheet 4~7 of ~e a~oresa~ ~p as ~ extension of ~ver Avenue, S. E., ~n a westerZy d~rect~on from Nin~ S~eet, S. E., for a d~st~c= of approx~tely 265 feet be n~e~ ~ver Argue, S. BE IT F~ O~D ~at ~e C~ty ~g~neer be, an~ he ~s hereby ~irect~ to cause ~e ~ve street n~es to be appropriately note~ on a~ ~ps ~ ~la~ lodge~ ~ h~s c~e~ ~at ~e C~ty ~ager be, ~ he ~s hereby au~or~z~ to cause ~e p~ac~t of appropriate street n~e s~s on sa~ new s~eet~ ~d ~at ~e City Clerk tr~t to ~e Pos~ster at ~oke s~ (6} atteste~ cop~es of ~s or~n~ce, ~n order ~at sa~ Pos~ster be appr~se~ of ~e aforesai~ st~et n~es. The ~t~on was secon~e~ by ~. ~ut ~ a~opte~ by ~e following ~yor Web,er .............................. MOTIOES AND M~SCELLANEO~S BUSINESS~ . . P~ ~ P~YG~DS~ ~. ~u2 advised ~at at ~e re~laz ~et~ng o~ ~cil ~ ~a~, Nov~er 19~ 1973, Co~cil received ~d filed a c~ca~on fr~ h~ receding ~a~ ~e c~ty dis~nt~nue paying l~ght b~l ~or ~e St~ atop ~11 ~ta~n ~nd~n~ action t~en by ~e business c~ty~ ~n~ng,out ~at ~e Star was t~ed off to conse~e ener~ during ~e ~er~ cr~s~s ~d suggested ~at ~e S~r ~ lighted during ~e season. ~. ~ut ~ ~ved ~at ~e St~ on ~11 ~ta~n be lighted during ~e Chris~s holidays ~ ~at ~e C~ty ~ager ~d ~e ~oke ~rch~ts ~sociati~ be re~ested to work out a ~lfled schedule for lighting the Star d=in~ ~e ene~ crisis wi~ a re~=t ~ereon to Co~cll. The was sec~d~ by ~. ~sk ~d ~usly adopted. ~FlCt ~. H~ard called ~e attention of Co~cil to a c~uicitioa fr~ ~. ~. Gr~ger ~cfarl~e relative to ~e traffic situation at ~e Sou~ Jefferson Street - ~ccl~aha Street inte~section, advising ~at ~is Is a d~gerous Intersection md =~uesting ~at Co~cil hs~ct ~e ~aific Director to conduct ~ ~ediate su~ey ~d ho~fully install ~afflc ~. H~ard ~d ~it ~e rotter be referred to ~e City ~nager for study, re~t ~ rec~endation to ~ucil. 2e ~tion was seconded by ~. Garl~d ~d ~uMusly adopted. .~TERI The City Auditor called att~tion to Section 49 o~ city ~arter relat~g to T~ra~ ~as ~d re~ested ~at Coucil instnct ~e City Attomey to est~lt~h a date for a p~lic hearln9 for the p~se of ~ng said section to hcrease fr~ t~ per cent to twenty-five per c~t ~e ~t of ~ney ~e City of Muoke my ~Ir~ on a t~or~ basis. ~. ~s ~ved ~at coactl tnstnc~ ~e City Attorney to prepare ~e proper meas~e provldh9 for a p~lic hearing on ~e ~estion o[ mding Section 49 of ~e City ~arter relative to increasing fr~ ten per cat to twenty-five per cmt ~e ~t of sho~t-tem indtbte~ess of ~e city of ~oke as proposed by ~e City ~ditor. ~e ~tion w~s seconded by ~. Li~k ~d adopted by ~e roll.in9 vote: A~= ~essrs. 6~1~, H~ard~ ~sk, Taylor, Th~s~ ~out ~yor Webber ....................................... ~ere ~ing no fur~er bus~ess~ ~yor W~ber declared ~e aee~g adio~ed. APPROVED A~T = Deputy City Clerk 365 COUNCIl., I~GULAR HEETING, Wednesday, December 26~ 1973. The Council of the City of Boanoke net in regular neeting in the Council Chanber in the Hunicipal Building~ Wednesday~ December 26~ 1973, at 2 pora., the regular ~eeting hour, with Hayor Roy L. Nebber presiding. pI~ESEHT`` councilmen Robert A. Garland, William Ltsk, Noel C. Taylor, N~mpton ~. Thomas, J&mes O. Trout and Mayor Roy L. Webber ..................................... ?. ABSENT`` None .................... 0. OYFIC~BS PRESENT`` Mr. Byron E. Haner, City Manager~ Mr. Sam H. McGhea, III, Assistant City Nanager~ Mr. ~a~es N. Kincallon, City Attorneyl Mr. H. Ben Jones, Jr., Assistant City Attorney~ end Mr. A. N. Gibson, City Auditor. INVOCATION`` The meeting was opened with a prayer by Father Thomas A. Henry, St. A~drew~s Catholic Church. ~INUTES: Copy of the minutes of the regular meeting held on Monday, December 17, 1973, having been furnished each member of Council, on motion Of Mr. Thomas, seconded by Mr. Trout end unanimously adopted, the reading thereof was dispensed with end the minutes approved as recorded. HEARING OF CITIZENS UPON pUBLIC CITY CHARTER.- Council having set a public hearing for Wednesday, December 26, 1973, at 2``00 p.m., to deterl~ine if the citizens of the City of Roanoke desire the Council to request the General Assembly of Virginia to amend certain portions of the Roanoke Charter of 1952, the matter was before the body. In this connection, the following proposed City Charter changes were before Council: · (a)Amend a~d reenact Sec. 1. The City and its boundaries., sO as to define the present corporate limits of the city. (b) Amend the charter so as to authorize the council to provide, from time to ~in~, for differences in the rate of taxation upo~ real estate withLn all or parts of areas added to its territorial limits, such differences i~ rate to hear a rea- sonable relationship to differences between non-revenue producing gover~ntal services giving lend an urban ohar~ acter which are furnished in one or several areas in contrast to the services furnished-in other areas of the city. (c) Amend and reenact Sec. 7. ?.imitations of the powers of the council., so as to provide fur the confirmation by a maj- ~ the council Of the city manager's appointment of directors of departments, but not of department heads appointed hy the city manager. (d) Amend and reenact Sec. 8. Officers elective so as to provide for the council~s election of a city manager, a city clerk, a director of finunce, a municipal auditor end a city attorney end to f~11 vacancies occurring in any such office or, in its discretion, to elect an acting city manager, city clerk, director of finence, municipal auditor or city attorney for such lesser term as the council shall determine. (e) Amend and reenact Sec. 9. Electlons by council., to delete provision for the council's election of m~tniu£pal judges and o! a city eudl~o~ °'nd toadd ~rovision fo~ the council's elec- tion of a director o~ £1mmce ~d ~ ~cipaL audi~o~ (f) ~d ~d re~ Sec. ~8. ~ec~ of o~eF officeEs.~ so as ~ ~e ~efe~ce. ~ ~e election o~ a clerk of ~e Hust~gs ~ O~ ~e C~ty of ~oke. ~ ~ re.ach Sec. 23. CreatL~ of depa~ts ~d ~n2 hea~ deputes ~d ass~s~ts,~ so as to p~v~de~ ~n addlt~on~ fo~ ~e ~cLl~s provls~on~ by o~ce~ for ~e city ~ager~s a~nis~atl~ of depar~ts ~der ~e heeds oE ~h~ch a~ to be ~ as dl~ec~s~ to delete refe~ce to ~e cit~ aud~to~ ~ said section and to refer, ~nstead, to ~e offices ~f dl~ec~r of f~ce ~d o~ ~e ~lcipal euditor. (h) ~al Sec. 25. City auditor., p~vlding for ~e election by ~e ~cil of a city audlto~ ~d p~escribin9 ~e duties ~d res~nsibilities~ etc., o~ ~at office~ and to ~d ~e chafer by ~ing provision for ~e co.cilia election of a di~ec~r of f~ce ~d of a m~lcipal auditor ~d for pre- sc~tb~g ~e duties ~d res~nsiblllties of each seid ~e duties ~d ~es~nsibilities presently ~osed on ~e cihy auditor to devolve u~n ~e director of fln~ce. (l) Re~al Sec. 27. H~lclpal co~t - ~e~ally., Sec. 28. Clerk of ~ ~lcipal co~t~ deput~ clerks., and SeC. 29. 3uv~lle ~d d~stlc relati~s co~t., ~e ~icipal ~t and the d~est~c ~elations co~t ~d ~e organizat~on oE each said ~t bein~ n~ ~holly provided for by 9eneral la~ ~de~ ~e S~ate (~) ~d such o~er sections o= p~visions of the charter as are neces~a~ ~ o~der to ~e prope~ ~efe~ence 2o ~e Co~t oi ~e Citt of Ro~oke, said co~t no~ ~ing the single S~te co~t of record in ~e city; ~d ~d such o~er sec- t[ons or prov~sions as ~e necessa~ in order to ~ke proper refer~ce to ~e director of f~n~ ~e m~ic~pal auditor ~d to directors of depar~nts~ as provided in such o~er ~yor W~r asked if ~yone had any ~est~ons or ~tters o~ d~scussion relative to ~e pro~sed ~arter ch~es ~d no one present rais~ng ~y ~est[on, ~. Th~s offered ~e roll.lng Resolution= (%21264) A ~SOL~ION re~est~g ~e ~neral ~s~ly of V~g[n[a to enact cer~n ~ents to the ~oke ~arter of 1952~ as {For full t~t of Resolution, see Resolution Book No. 39, Page ~. Th~s ~ved ~e adoption of ~e Resolution. ~e motion was seconded by ~. Lisk ~d adopted by ~e roll.lng vote= A~= Messrs. Garl~d~ ~, L~sk, Taylor, Th~s, Trout and ~yor Weber ................................. ~YS = None ........................0. PETITIONS ~ CO~I~T~ONS= S~FF-J~L= A co~icat~on fr~ Sheriff Paul J. Puckett advising ~at it Is necessa~ to re~est replac~nt of t~ locks on the doors of ~e do~s~irs lookup of ~e Jail, ~at from t~ to t~ he has e~er[enced probl~ wi~ ~ese locks ~d ~at a short t~e ago ~ i~te was ~le to release h~elf fr~ ~e cell, at~ck a deputy ~d ~ke h~s escape, ~inting out ~at ~ese lo~s ~e ~ beyond repair ~d c~ no longer be considered ~ec~e ~d reco~ndtng ~t ~e lo~s be replaced at a cost of ap~rox~t~ly $~0.00 per lo~, was ~fore Co~c~l. 367 Dr. Taylor ~oved that Council concur in the request of Sheriff Puckett and offered the follcraing emergency Ordinance appropriating thc requested funds { ([21269) AN ORDIHANCE to amend and reordain Section %64, 'Maintenance of City P~operty,' of the 1973-74 Appropriation O~dinance, and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook %39, Page Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by ~ro Llsk and adopted by the follo~/ng vote~ AYES= Hessrs. Garland, Hubard, List, Taylor, Thc~as, Trout and Hayer Webber ................................... NAYS= None ..........................0. SCHOOLS= Copy Of a l~esolutien adopted by the ~oanoke County Board of Supervisors on Tuesday, December Il, 1973, u~ging all local legislators to support the request of Virginia Western Co~nunity College for the inclusion in the budget for the Virginia Department of Cc~m~unity Colleges of funds for the construction of an occupational-technical building and an a~ministrativ~, faculty office and student study area facility, was before Council. Mr. Thomas moved that the Resolution be received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. Mr. Thc~as fttrther ~0ved that the City Attorney be instructed to prepare a s~m~lar measure requesting the attention of the Deneral Assembly to this ~atter. The ~aotion was seconded by Hr. Trout and unanimously adopted. Mr. Garland moved that Mayor Webber be requested to arrange for an lnforma! meeting between the m~mbers of Council and the city's delegates to the General Assembly to discuss matters Of concern. The motion was seconded by Mr. Iz~sk and unani~ously adopted. I~PORTS OF OFFICERS: BUDGET-p~KS A~D pLAYGROUNDS= The City ~ha~ager su~tted a written report advising of an anonymous contribution in the amount of $5,000.00 for the improvement and operation of the M~ll Hountain Zoo, recommending that said amount be transferred to the Capital Fund to insure that the desires of the doner are carrled out. Hr. Trout moved that Council concur in the reco~maendatlon of the City Manager and offered the following emergency Ordinance= (%21266) AN ORDINANCE to amend and reordain Section %89, 'Transfers to Capital ~mprove_m~nts Fund,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book %39, Page 50.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. L~sk and adopted by the following vote= AYESZ Hessee. Ga~land~ H~bo~d~ Llsk~ Taylor~ Th~nas~ Trout end ~yor Wo~E ................................... 7. ~YSz N~e .......................... 0. B~-~GE ~V~z ~e City ~ager ~uhmitted a written re~rt a~ls~g ~t ~lt~es for overt~ w~thin ~e SenSation ~par~nt budget have exceeded ~e f~ds au~orized ~n ~e budget, ~at absenteel~ has increased as a reset of ~l~ess due to ~lds ~d influenza, ~d re~est~g a tr~sfer of $25~000.00 fr~ Personal Se~lces to ~e=t~ ~der Section =Sanitation~= of ~e 1973-74 budget. ~. ~out ~ved that Co~cil conc~ In ~e reco~endation o~ ~e City ~ager ~d offered ~e foll~ng e~rgen~ Ordin~ce appropriat~ng r~uested ~ds~ (J21267) ~ 0~I~ to ~end ~d reordain Section t69, 'Sanitation,' of ~e 1973-74 Appropriation Ordln~ce, ~ providing for ~ ~ergency. (For full text o[ Ordin~ce, see Ordinance Book %39, Page 51.) ~. ~ut ~ve~ the adoption of ~e Ordinate. ~e ~tion was seconded by ~. Th~s ~d adopted by ~e following AYe: Messrs. Garl~d~ H~ard~ Lisk, Taylor, Th~s~ Trout ~d ~yor Weber ................................... 7. ~Y5 z None ..........................0. ZONING-SPECI~ PE~TS: Co~cil having re~ested ~at ~e City ~ager ~d ~e City Pl~g C~ssion study ~e ~tter of an ~en~nt Zoning Ordin~ce ~at ~uld au~orize a dis~led veter~ or a parson wi~ s~e t~e of m~l or physical illness to sell it~ in his home which said tt~ have ~en ~ufact~ed ~ ~at person~s ~, said re.est having st~e~ f~m a re~est of ~. ~d ~s. W. ~y Re.olds for pe~ssion to operate a gift shop in ~eir h~e at 3739 ~d Hill Argue, N. W., the City ~nager s~itted a ~itt~ re~rt advising ~at it is reco~ized ~at ~. Re.olds a veter~ ask~g for special consideration ~d ~at he has been sup~rted by a n~er of his neig~rs who reside In ~e ~ediate vicinity of h~e, never~e- less, it Is felt ~at ~e Zoning O~ln~ce should not be ~ended in order to pe~t sales fr~ private residents to satisfy ~e needs of a few individuals ~d reco~ending ~at ~e re.est be denied. In ~is co~ection, ~e City Plying Cohesion s~itted a ~itten re~rt advising ~at it is fel~ ess~tlal ~at no sales or m~ufact~g activities be posited in ~e h~e occu~tlon classificatlon of ~e Zon~g Ord~ce s~ce ~i~ ~uld ~terially affect ~e nat~e ~d character of ~e resid~tial dis~ic~, ~at to ~nd ~e h~e occupation section of ~e Zoning Ordln~ce so as to pe~t a gift shop as a h~e oc~patlon would do great iniustice ~d ~ to ~e basic ~tegrity of ~e Zoning Ordln~ce ~d would open ~e d~r to c.mercia1 ~d retail ~ses encroaching into resid~tlal areas and recc~mending ~ha~ Council not a~end ~ha h~e occupations provision o~ ~e ~oning O~ln~ce ~d ~at it ~ve ~ifom application~ After a d~souss~on o~ ~e re~rt8~ ~. G~l~d ~ved ~at the C~ty Atto~ey ~ ~ns~cted to prep~e ~e proof ~as~e providing for a special ~t to ~ ~ssued ~ ~. ~olds for ~e o~rat~on o~ a g~ft shop ~n ~e bas~ent of h~s.h~. The ~t*on was seceded by ~. Llsk ~d adopted~ ~. H~ard voting no. ~e legality of gr~t~g a s~cial ~t to ~. Re.olds, advising that ~f ~e r~est ~s ~rt~t enough, ~t ~r~ts ~n~nt to ~e Zoning Ordinance ~d ~at Co~cil should not do so~lng ~at ~s ~ conflict with ~e Zoning Ordin~ce. H~SING-S~ C~ Co~c~l having previously received and f~led a re~rt of the City ~ager tr~s~tt~g draft o~ a pro~sal from ~e City PlYing ~par~t providing for ~ ~n~ep~ housing study to be f~ded ~t~rely by ~ 701 f~ds, ~e C~ty ~ager s~tted a ~2t~n re~rt reco~ding ~t Co~c~l accept ~e pro~sal of ~rton Hoff~n ~d Co~y~ Urb~ ~d Econ~c Consul~ts, for ~e p~se of conducting ~is housing stu~y~ ~n ~e ~t of $26,900.00, ~d Eur~er reco~nding ~at ~c~ appoint a Hous~g Task Force consisting of seven persons to serve as an adv~so~ group to ~e consult~ts. ~. L~sk ~ved ~at ~e ~tter be referred to ~e city Attorney for pre.ration of ~e proper measure, ~e ~t~on was seconded by ~. Garl~d ~ ~a~usly adopted. CI~ ~GI~ER= The C~ty ~ager s~tted a ~itten re~rt recording ~at Co~c[1 au~or~ze ~e City ~ager to execute a ch~ge Order to ~e con~act wi~ Vos~ck Vo~beck K~dr[~ ~d[nger, ~chitects, relating to ~e des~ ~d cons~ct~on of ~e P~l~c Works Se~[ce Center Building, said ~ge order to provide for ~e study~ desi~ and rec~enda- t[on of ~t for ~e new Se~ice C~ter~ in ~ ~t not to exceed $8,500.00. ~. Tho~s ~ved ~at ~e ~tter be referred to ~ C~ty Atto~ey for preparation of ~e proper meas~e. ~e ~t~on was seconded by ~. Trout and ~an~usly adopted. POLI~ DEP~ The C~ty ~ager s~tted a ~tten report adv~sin~ ~at while all applicat~ons of ~al~f~ea ~rsons of eider gender have be~ accepted ~ ~e past for consideration for ap~n~ent as police pa~o~, active rec~t o~ f~le candidates was not conducted ~n ~e ~sence of fo~l study of operational feasibility of f~le ~l[ce officers ~n ~e C~ty of ~anoke Police ~par~t, ~at such a study, [nitia~ed by ~e D[re~ of Safety ~ S~c~ty, has concluded ~at select~on~ training ~ ap~o~ent of 36'9 '370 fenala police officers ia operationally soun~nd ~n accordanco wi~h Title VII of ~e Civil ~gh~s A~'of '1964~ ~a~ active rec~l~ln~ o~ f~les has resulted ~ fifteen a~11c~8 ~o da~e~ ~a~ 8elec~e~ c~lda~es w~ll beg~n ~aln~g ~ ~e ~ollceAcad~'classin ~rch 1974~ ~a~ eaFlleF p~ltclzed helgh~ r~r~s for ~ have ~en ~dlfled u~d fr~ 64' to a ~n~ Of 67', ~at a c~ge In role ~m height ~e~lr~nta vlll be sought to alter ~e existing ~n~ of 68' to 67', ~at ~e basis cf this ~aliz~g ch~qe Is to preclude discr~natlon agatns~ ~les tn the area height differentials ad ~a~ ~e details of ~lfom, intenal ~li~ stat~ents~ ~a~lnq ~nsiderations ~d assl~ent pattems continue study. In a discussion of the ~tter~ ~. H~a~d questioned vhether treatin9 ~le ~d f~le ~lice office~s ~e s~ Is treating th~ e~al, ~at ~e average height of a .isle ~uld be less ~ ~at of a ~le ~d ~at he ~est~ons ~e legality of ~[ng ~e heights for the t~ sexes the s~e. ~. H~ard ~en ~ve~ ~at ~e City Atto~ey be ~nst~cted to fu~sh ~e a~n[stra~on wi~ a legal op~n~on as to ~e height l~t~ons for ~le ~d f~le ~l~ce officers. The ~tion was seconded by ~. L~sk ~d adopted by ~e roll.lng Vote; AYe= Messrs. Garl~d~ H~ard~ Ltsk ~d Taylor ............. 4. ~YS: Messrs. Tho~s, Trout ~d ~yor Weber ............... 3. In a dls~ss~on of ~e ~t~on, ~. ~s e~ressed ~e opinion ~at ~e ~tter Is ~ a~[s~ative dec~slon ~at Co~cil should not become involved w[~ at ~e preset A~S OF A~O~-S~= Co~c~ hav~ng referred to City ~nager for study, re~rt ~d rec~endat~on a request of ~e Patrick Hen~ ~sters Association ~at Cocci1 approve ~e plac~nt of s~s at h~ghway ~ces to ~e City of Ro~oke r~co~[z[ng the [973 Patrick Hen~ Foo~a11 Te~ as s~te ch~pions, ~e C~ty ~ager s~itte~ a written re~rt no~g ~at ~n 19~0 ~e Jefferson High Sch~l Baske~all Te~ won ~e ~ State ~ionsh[p ~d at ~at 2~e ~etr coach re~ested the s~ consideration as ~e Pa~lck H~ ~o~ters ~soc~ation but ~e r~est was d~ied by ~e a~s~at[on, point~g out ~at a h~gh sch~l state ch~on- ship ~n a ~jor sports is a sin~lar honor ~r~y o~ note, ~at ~e placket of si~s dep~c~g ~is acco~lis~ent is not'~ ~c~n occurence ~n ~ose cites which have ~so fort~ate, accordingly~ he ~s reco~end~g ~at Co~ c~l con~ ~d a11~ ~e Pa~lck Hen~ B~sters ~sociation to place si~s at ~e five ~ h~ghway entices to ~e cit~, ~at ~ese si~s should be 32' by 48' ~ s~ze,~ us~g 4' letters ~d wh~ c~leted, will be ~ ~e ~aff~c ~par~nt who w~ll ~s~11 th~ ~at ~t ~s felt ~at privilege shoul~ ~ l~ted to one year only ~less ~e acc~l~s~nt recks 371 again the follo~in9 yea~ and that it is further recomaended that the City lianager be authorized to administratively approve such an installation when a singular honor Of this nattt~e occurs. Dr. Taylor mOved that Council concur in the report of the City Manager. The motion was seconded by Hr. IAek and unanimously adopted. DEPOSITOItlF~: The City Attorney submitted the following report with regard to public deposits: 'December 26~ 1973 The ~onorable ~ayor and Hembers of the City Council Gentlemen: The 1973 General Assembly enacted a statue entitled the Virginia Security for Public Deposits Act~ to become effective 3anuar~ lw 1974~ which~ in its own words~ is intended to estab- lish a single body of law applicable to the pledge of security as collateral for public fends on deposit In banking lnstttu- tionsw so that the procedure for securing public deposits may be uniform throughout the Cea~onvealth. As enacted~ it is appli- cable to all City Treasurers, all citles~ ~ounties, towns and other political subdivisions, as well as the State, and requires the deposit of all such funds only in banking institutions quali- fied as public depositories under the act. Provisions are made othe act requiring those banks which act as Public depositories deposit with the State T~easurer or the Federal Reserve Bank of Richmond eligible collateral to secure ail such public deposits. In the opinion of the. Attorney General of Virginia and of the undersigned the Virginia Security for public Deposits Act has the effect of superseding any conflicting provisions of Sections I and 5, Chapter 3, T/tie %' of the city Code which sections designate specific banks as depositories of city funds, without regard to such banks* qualifications under the aforesaid Act and require deposits of secarities by such banks ~ith the City Treasurer~ as collateral security for his deposits of city'funds in those banks. Accordingly, and there being no overriding provisions in the City's Charter, ! have prepared and transmit herewith or shall present at the council meeting ordinances amending the two (2) City Code sections abovementioned so as to harmonize them ~ith the general law to become effective 3anuary 1, 1974. Respect fully, S/ 3. H. Kincanon Mr. Trout mOved that the ~eport be received and filed. The motion was seconded by Hr. Lisk and unanimously adopted. Mr. Lisk then offered the following emergency Ordinance relating to bonds of public depositories: (%21268) AN ORDINANCE to emend and reordatn Section 5, of Chapter 21, of the Code of the City of Roanoke, as amended, in relation to bonds cf public deposltorles3 and providing for an emergency. · (For full text Of Ordinance, see ordinance Book ~39, Page Hr. Llsk mOved the adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Carlend, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ NAYS .' None ....................... H~..Trout offered the follow:Lng e~ergency Ordinance designating certain banks aa depos~tories for all public monies, of the city of Roanoke which may be subject to current vith~awal on checkz (J21269) A~ ORDIHA~r~ to emend and reorda~n Sec. 1.; Des~gnation, o~ Chapter 3o, public Depositories~ of Title V; P~n~nce~ of the Code of the City of Roanok~ 1956~ as anended, designat~.ng certain banks as depositor~es for all public monies o£ the City which may be subject to current withdrawal on check! and providing for an emergency. (For full text of Ordinance, see Ordina~ce Book J39, Page 52.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Llsk and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ ?. NAYS: None ....................... 0. CLAIMS: The Assistant City Attorney submitted a written report advising that a jury verdict in the amount of $3,000.00 was returned against the City of Roanoke in favor of Ma.' Lottie B. Crowder on D~cember 10, 1973, for personal injuries resulting from a co111sion of the automobile in which she was riding with an elevated manhole cover on Clyde Street near the intersection of Dunkirk Street, N. E., and transmitting a budget Ordinance for such action as Council may wish to take. Mr. Lisk offered the followlng emergency Ordinance appropriating $3,000.00 to Personal Injuries under Section J91, 'Non-Departmental,' of the 1973-74 budget: (~21270} AN ORDINANCE to a~l~nd a~d reordain Section %91, 'Non Depart- mental,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book J39,' Page 53.) Hr. Lisk ~oved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following VOte: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. 7. NAYS= None ...................... 0. BUDGET-CITY GOVEI~iIi~NT: The City Auditor sttbmitted a written report advising that under authority granted the City Auditor by Resolution 21140, he has negotiated a short-term loan in the amount Of $1,000,000'.00 at the rate of 4.43 per cent per annum for a period of 61 days. Hr. Trout moved that Councll concur in the report Of ~e City Auditor and offered the following emergency Ordinance appropriating $1,000,000.00 to Repayment of Temporacy Loans tinder Section [93, STemporary Loa~s,' of the 1973-74 budget: (~21271_) AN ORDINANCE to ~,n~ and reordain Sect:ion ~93~ 'Tempora~ Loans~' O£ the 1973-74 Appropriation Ordinance, and providing for an e~ergenc¥o (For full text of. Ordinance, sea Ordinance Book [39t Page 54°) H~o Trout moved the adoption of tho Ordinance. The motion vas seCOnded by H~. Llsk and adopted by the following vote: AYES~ HesSrSo G~rlandt Nubard~ Lick, Taylor. Thc~as~ Trout and Hayor Webber ................ ~ ........... NAYS z None ...................... 0 · SPECIAL PERHITS-BUILDINGSz The Clty Planning Con~lssion sub. fred a ~ritten report in connection with tho request of Vosbeck Vosbeck Kendrick Redinger, ~rchitects, representing United Virginia Bank/Security National, for approval for air rights over First Street, S. W., for a pedestrian bridge to connect to the future parking garage, rec~nding that the request he approved. In this connection, the City Planning Co~mission submitted a further re~ort with regard to the request of Vosbeck Vosbeck Kendrlck Redinger~ Architects representing United Virginia Bank/Security National, for approval for air rights over an alley on the north side Of their building for cantileverlng of pedes- trian mall, toe--ending that the request be approved with the stipulation that the pedestrian mall extend only to the centerline of the alley on the north side of this property. ~r. Lisk moved that the re~orts be received and filed. The motion was seconded by Mr. Trout and ttnan~ously adopted. Mr. Trout then offered the following emergency Ordinance per~L~tting the use of materials other than concrete in the COnstruction of certain side- walks in the city and the ~stallation therein of suitable snow and ice melting equil~annt and recessed lighting: (%21272} AN ORDINANCE ~ending Sec. 1. of Chapter 3. Sidewalk Con- struction, of Title XV~I, Streets, Sidewalks and Sewers, of the Code o£ the City Of Roanoke, 1956, as amended, by perm/tting the use of materials other than con- crete An the construction of certain sidewalks in the City, and the ~nstallation thorein of suitable snow and ice melting equip~e~nt and recessed llghting, upon approval by the City Manager~ a~ld providing for an e~mergency. (For full text of Ordinance, see Ordinanoe Book %39, Page Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland~ Hubard~ Liskt Taylor, Thomas, Trout and Mayor Webber ................................. ?. NAYS: None ........................ Mr. Lisk then offered the following emergency Ordinance per~itting the encroachment Of st~etural footings of certain Buildings under the public street rights of way= ~ 373 ((~21273) AI~ OItDI~CE a~nding Subsection 220~.3 of Se~. 2, ~ap~e~ 1.1~ 196~ Buildin~ ~e~ Tltln ~ of ~e ~e of ~e City of ~oke, 1956~ as ~ended, by ~ttin9 ~e enc~ac~t of s~ct~al f~tinqs oE certain buildings ~der ~e p~lic s~eet ~lqhts-of-way, u~n ceftin~ te~ ~d conditions~ and p~ovldlnq for ~ ~rqen~. (For full t~t OE Ordin~ce, see Ogdin~ce ~k 139, Paqe 55.) ~. ~sk ~ved ~e adoption of the Ordin~ce. The ~bton vas seconded by ~. ~oub ~d adopted by ~e follo~ln~ Vote: AYe: Hessrs. Garl~d, H~ard~ L~sk~ Taylor~ Th~s~ Trout ~d ~yor Webber ................................~ · ~YS~ N~a ........................ 0. S~S ~D ~YSt The C~ty Plying Co~ss~on s~tted a written re~rt in co~ect~on wi~ ~e re~e~t of ~. W. H. Fralin~ Atto~ey, representing ~. A. T. ~y~ ~at an ab~done~ roa~, fo~erly part of Colonial Avenu~ S. W. ~ ~ vacate~, discontinued ~ closed~ rec~ending ~at the r~e~t be approved. ~. Tho~s move~ ~at Co~cll hold a p~lic hearing on the re~est at 7=30 p.m., ~n~ay~ J~ua~ 29, 1974, ~n ~e Cocci1 Cheer. The motion was s~conde~ by ~. ~out ~ ~usly a~opte~. ZONING: The City Planing C~ssion s~itte~ a ~tten report in co~ect~on wi~ ~e request of ~. Jo~ W. ~ell, et ~., that pro~rty locat~ at 813 Fif~ S~eet, S. W., described as ~e nor~ern part of ~t 26 ~ ~e easte~ part of ~t 25, Bl~k 12, ~p of ~w~s ~d~t~on, Off~c~a~ Tax No. 1120819, ~ rezone~ fro~ R~2, ~neral Residen~al District, to C-2, ~n~ra1 Co~erc~a~ D~s~ct~ r8c~nd~ng that ~e re,est be denied. In ~s co~ect~on~ a c~cat~on from ~. Wi111~ H. ~rtin~ Atto~ey, a~v~s~g that h~s clients ~es~re a p~llc hearing on the request for rezon~ng~ was ~fore Cocci1. ~. ~o~s ~ve~ ~at Co~cll hol~ a p~l~c hearing on the re~est for rezon~ng at 7:30 p.m., Monday, J~ua~ 28, 1974, ~n ~e Co~c~l Cheer. ~e ~tio~ was seconded by Dr. Taylor ~ ~usly adopted. ~ORTS OF B~: Co~c~l hav~ng ref~rre~ to a co~ttee for t~ulat~on~ re~rt ~ rec~da~on ~e bids which were received for painting of ~e Wasena Bridge, the ~ttee s~tte~ a ~itt~ re~rt advising ~at on~ b~ was receive~ which exceeds ~e cltyts cost esti~te for this project, rec~ing ~at ~e b~ of Electrical ~d Indus~ial ~intenance Co~orat~on be re~ecte~ ~a ~t ~e city re-evaluate ~ts pa~t~ng s~c~fica~ons for ~is p~tl~lar project ~ rea~vert~se ~e project at a later date. ~. '~s ~ved ~at Co~c~ conc~ in ~e reco~en~ation of ~e c~ttee ~d ~at ~e ~tter be referre~ to ~e C~ty At~ey for preparat~o~ o~ ~e proper ~as~e. The ~t~on was sec~de~ by ~. Trout and ~an~usly a~o~te~. CITY E14GINEERI Council having referred to a cce~lttee for tabula- tion, report and recrm~ve_ndation the bids which were received for the prefabri- cated steel fra~ng system and accessories for the Public ~orks Service Center, the cannuittee sub. fred the follo~elng reports 'December 26, 1973 Honorable Hayor and City Council ~oanoke, Virginia Gentlemen: A~ter proper adve=tisement, bids were received and publicly opened and read before City Council at its regular meeting on October 22~ 1973, for the construction of a prefabricated steel framing system and accessories for the Roanoke public Works Ser- vice Center. Four bids vere received as shown on the attached tabulation. Following the receipt of bids, Vosbeck Vosbeck Kendrick Redlnger met with representatives of each of the three lowest bidders (after ruling out the high bid as being unacceptable because of the high cos2) to sscert~in in detail the exact specifications and quality of the various building components proposed to be included in each of the various bids submitted. This procedure was necessary since the bids received were for different manufacturers' buildings. After this data was eval- uated, WVKR requested the three lowest bidders to submit a revised cost proposal based primarily on changing the specifi- cations and requirements for the insulation, roof and wall panel systems. The changes were proposed in order to increase the similarity in the three different buildings and, in addition, to attempt to arrive at a lower cost for the structure. This request resulted in the following revised proposals being receivedt Contractor Original Hid Reduction Revised Proposal Hodges Lumber Corp. $330,000 $3?,503 $292,497 Southwest Constrtlctio~ Co., Inc. 337,300 1,844 335,456 Frye Building Company 369,000 43,348 326,652 There then followed a detailed comparison of each of the pro- posed buildings, including visits to existing comparable structures of each manufacturer. A co~parlson chart was prepared and each item was assigned a value from one {1] (low) to four {4] {high). The values for each building were then totaled. The structure submitted by Frye Building Company received the highest total value of fifty-six (56). The structure submitted by Hodges Lum- ber Corporation received the lowest total value of thirty-six point five {36.5]. Further evaluation ruled out any additional consideration of the building submitted by Southwest Construction Co., Inc., due to an unacceptable column spacing. Although the building submitted by Hodges Lumber Corporation had the lowest cost, it also had the lowest point value in the comparison. The major building components (the frame, the roof joists, and the wall and roof panel systems) were from three different manufacturers, not from a single building manufacturer. The contractor would have to provide the guarantee for the pro- posed building system. The roof panels and the roof fastening system were considered inferior to the others submitted. The building submitted by Frye Building Company had a higher revised cost than that submitted by Hedges Lumber Corporation. However, it had the highest point value in the comparison. Addi- tionally, one building manufacturer would supply all of the major building components and that manufacturer guarantees the c~mplete system. The roof panels end the roof fastening system were con- sidered superior to the others'submitted. Taking into account the comparison chart, the cost, the build- lng manufacturer's guarantee, and the roof system, it is the commit- fee's recommendation that: 375 376 1. The bid submitted by Fr3'e BulldOg C~n~an¥ be accepted and ~at all o~er b~ds receiv~ ~ re~ected~ 2. ~e accepted bid s-~tt~ by F~o Bull~g f~ed In ~e c~act awed'to reflect a ~n~act pFlce S326~E52 as' outl~ed In ~e letter fr~ F~e Building ~y dated ~er 12~ 1973, pl~ $2,852 to provide for hea~-duty d~r h~are. (~1 cost of 3. ~at ~ additl~al 20-foot lonq bay on ~e shop w~g of ~e bulldog ~ added to ~ls con.ach at ~ additional cost ~n ~ls c~act of $11,270. (~vised to~l contract ~t of ~is =eco~udati~ Is ~de for ~e roll.lng reasonsz a. ~e c~reh~sive ~ster pl~ re~t rec~lzed an increased building ~int~ce res~nsibllity fo~d fr~ ~ls l~ation but It did not rec~ize build- ing ~lnt~ce being ass~ed fo= ~e ~rt, Civic Center, Sewage ~ea~t PI~2 o~ Water ~par~nt as rec~eded by Al~z~ ~nd ~d ~s~lates ~d as n~ bein~ b. The ~sfer o[ ~e-parks ~lnt~ance f~ction to this site ~as pro~sed in ~e c~reh~sive plan for the second phase of ~e ~lic Works Se~lce Center develo~ent, but v~ ~e czeation of ~e Gro~ds ~intenanca Division, f~ction needs to be ac~ated a~ ~is time. The com- preh~sive pl~ est~ ~e phase ~o costs associated ~i~ ~ving ~is f~cti~ at ~44,464, ~hereas ~e add~t~on- al 20-foot bay to ack--ate bo~ ~e e~ded f~ction oE ~e Building ~ln~ce Division ~d ~ [~ction of the G~ds ~inten~c~ Division c~ be added ah an esti~ted to~al cost of only $29,000. Attached for your additional info~tion are ~e foll~ing 1. B~d tabulation. 2. ~tter wi~ attac~ents dated ~c~er 12, 1973, from ~, ~king certain rec~endations. Respectfully s~tted, S/ S~ H. H~hee, III S~ H. M~hee, X~I S/ ~arles L. Gutshall ~arles L. Gutsha11 S/ K~e~ ~. HoCkey Messrs. H~d ~d ~o~s raised ~e question as to whe~er or not ~e proced~es followed by ~e co. tree meet ~e re~ir~ents of law ~nsofar as accep~ce of b~ds, whereu~n, ~e C~ty Atto~ey replied that he would l~ke to into ~e ~tter f~er before ~king cogent. ~. T~ut ~ ~ved ~at ~e ~ ~ty ~ager ~d the City Attorney be re~ested to che~ ~nto ~e legality of ~e report of ~e co. tree s~t a f~er report to ~c%1. The motion was seconded by ~. Tho~s ~d ~usly adopted. ~XNIS~D BUSI~SS = BO~S-~ T~U~R= ~cil hav~ng deferred action on a request of ~e City Treas~er ~at CoCci1 prescribe ~e s~ for his city bond ~d approve a surety in t~e for a new bond to be executed on or before ~c~er 28, 1973, p~ding receipt of c~ from Peat, ~y as to ~e ~t of said ~nd, ~e ~tter was again before ~e ~dy. In ~is co~ection~ a c~catlon fr~ ~. A. Eugene B~les, Jr., Par~e=, Peat, ~ick, ~t~e11 & ~y, advising ~at ~e present coverage ~ck of $100,000.00 appears lo~ vhen the annual receipts ~nd average daily receipts are considered, that since the bend is primarily to protect against the large one tim~ loss of funds, he suggests that consideration be given to increasing the coverage to at least the $200~000.00 level, was before Council. Hr. Trout then offered the following Resolution prescribing the amount of the bend Of the Treasurer Of the City of Roanoke at $200,000.00 and approving the surety thereon: (%21274) A RESOLUTION prescribing the amount of the bend of the Treasurer of the City of Roanoke and approving the surety thereon. (For full text of Resolution, see Rosolution Book %39, Page 56.) Hr. Trout ~oved the adoption of the Resolution. The motion was seconded by Hr. Lisk a~d adopted by the following vote: AYES: Messrs. Garland, Hubardw Lisk, Taylor, Thomas, Trout and Ha¥or Webber ................................ 7. NAYS: None .......................0. Hr. Lisk then offered the following emergency Ordinance appropraiting $3,404.00 to Insurance u~tder Section %8, 'Treasurer,' of the 1973-74 Appropria- tion Ordinance: (~21275) AN ORDINANCE to ~unend a/id reordain Section %8, STreasurer,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see ordinance Book %39, Page 57.) Mr. Lisk ~ved the adoption of the Ordinance. The motion was seconded by Mr. Trout ~nd adopted by the following vote: AYES= Messrs. Garland, Nubard, Lisk, Taylor, Thomas, Trout and Hayor Webber ................................... NAYS= Ncule ........................... CONSIDERATION OF CLA~HS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINA.NCE~ AND I~ESOLUTIONS: STREET NAMES-INDUSTRIES-STATE HIGHWAYS: Ordinance No. 21263 naming certain new streets in the northwest and southeast quadrants of the City of Roanoke in coordination with the city's unified street na~e system, viz. Court Street, N. W., Rockland Avenue, N. W., and Andrews Road and River Avenue, S. E., having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Thomas offering the following for its second reading and final adoption= (%21263) AN ORDINANCE naming certai~l new streets in the northwest and southeast quaztrants of the City of Roanoke in coordination with the City*s unified street name system. (For full text of Ordinance, see Ordinance Book %39, Page 44.) Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: 377 AYESZ Messrs. Oarla~d~ Nubardw Llsk, Taylor~ Thomas; TrOut and Mayor Webber ................................... ?. NAyS z None .........................0. SCHOOLS-BUSES-LEGISLATIONz Council having directed the City Attorney to prepare ~he proper measure urging suppert, by the city's repre- sentatives in the General Assembly of Virginia, of legislation which would amend Section 46.1-169.1 of the 1950 Code of Virginia, as amended, so as to allow certain buses used for the transportation of pupils ko and from schools in the city of ~oanoke to be used for other municipal purposes, he presented same~ whereupon, Hr. Trout offered the following Resolution= (%21276) A RESOLUTION urging support, by the City's representatives in the General Assembly Of Virginia~ of legislation which would amend S546.1-16901 of the 1950 Code of Virginia, as amended} so as to allow certain buses used for the transportation of pupils to and from schools in the City of Roanoke to be used for other municipal purposes. (For full text of Resolution, see Resolution Book %39, Page Hr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES~ Messrs. Garland, Hubard, Lisk~ Taylor~ Thomas, Trout and Mayor Webber ................................ NAYS= None .......................0. A/RPORT: Council having directed the City Attorney to prepare the proper measure authortzLng the issuance of Change Order No. 2 to the city's contract with John A. Hall & Company, Incorporated, authorized by Ordinance No. 20403, for the reconstruction of the'loop roadway in front of the Terminal Building at the Roanoke Munlcipal Airport, upon certain terms and conditions, he presented same~ whereupon, Hr. Trout offered the following emergency Ordinance: (%21277) AN ORDINANCE authorizing the issuance of Change Order NO. 2 to the City's contract with John A. Hall & Company, Inc., authorized by Ordinance No. 20403, for the reconstruction of the loop roadway in front of the terminal building at the l~oanoke Municipal Airport; upon certain terms and conditlons~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book %39, Page 58.} Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: M~ssrs. Garland, Hubard, L~sk~ Taylor, Thomas, Trout and Mayor Webber .................................. NAYS: None .......................... 0. MOTIONS AND M~SCELLAREOUS BUSINESS: INTEGRAT~ON-SEGI~EGATION~ Mayor Webber called to the attention of Council that there is a vacancy on the Community Relations Corem/tree created {! 379 by khe resignak~on of Hro David Goode for a term endiny July 1, 1974, and called for n~atlons to fill ~e vac~. ~. ~s placed In n~na~on ~e n~ of ~s. ~rgaret ~estch. ~ere ~g no f~er n~nat~ons, ~s. ~rgare2 ~estch was elected as a ~r of ~e ~lty ~lations C~ttee for a te~ ending July ~, 1974, by ~e foll~ng voter FOR ~. D~H~ Messrs. Garl~ H~ard, ~lsk~ Taylor, Th~s, Trout ~d ~yor W~r ........................... RO~O~ CI~ ~TS CO~SSION~ ~yor Webber called to ~e attention oE Co~c~l ~at ~ere are ~-o vac~u~es on ~e ~oke City ~ts Co~ss[on create~ by ~e res~at[ons of Messrs. Fr~ ~. tI~11, Jr., and ~rt H. Sharon ~d called for n~nat~ons to fill ~e vacuoles. ~. G~l~d placed ~n n~lnat~on ~e n~ o[ ~. Er~c E. F~tzpatr~ck. There being no fur~er n~nations~ ~. Er~c E. Fitzpatrick was el~cte~ as a ~r o~ ~e ~oke C~ty ~ts C~ssio~ to f~l ~ ~exp~red tern of ~. Fr~ H. H[11~ ~r.~ res~ed, ending July 1, 1974, by the ~ng vote = FOR ~. FITZPAT~CK= Messrs. Garl~d, ~ara, Lisk, Taylor, Th~s, Trout ~d ~yor W~ber .......................... ~TH D~T~ ~yor Webber calle~ to ~e attention of CO~C~I ~at ~e ~ee year te~ of ~. ~. Gr~f~th ~dson, Jr., ~d Dr. Willi~ Robison as m~ers o~ the H~l Heal~ Se~[ces ~ard of the Ro~oke Valley w~ e~re on ~c~r 3~, ~973, ~at ~. ~dson has ~ecl~ned to se~e ~o~er te~ ~d called for n~nat~ons to f~ll ~e vac~c[es. ~. H~ard placed ~n no~na~on ~e n~e of Dr. W~ll[~ Robeson. There being no fur~er n~nat~ons, Dr. Wi11~ ~bison was reelected as a ~er of ~e Mental Heal~ SedUces Board of ~e Roanoke Valley for a te~ of ~ree years ~gi~[ng J~ua~ 1, ~974, by the following vote: FOR DR. ROBISON= Messrs. Garl~d, H~ard, Lisk~ Taylor, ~out ~d ~yor W~r .......................... 7. There being no fur~er business, ~yor Webber declared ~e meeting adjo~ed. APPROVED Deputy City Clerk ~yor 38O COUHCIL~ REGULAR HEETING~ ~ednesday~ January 2, 1974. The Council of the City of ~oanoke met in regular meeting In the Council Chamber ~n the Nunlcipal Building, Nednesday, Januar~ 2, 1974, at 7:30 p.m., the regula~ meeting hour, with Hayor Roy Lo Webber presiding. PI~SENT~ Councllzaen Robert A. Garland, William S. Huberd, David K° Ltsk, Noel C. ?aylor, Haz~ton W° Thomas, James O° Trout and Hayor I~oy L° Webber ....................................... 7 · ABSENT: None ....................... 0. OFFICERS PRESFt~T: Hr. Byron E. Haner, City Manager/ Hr. Sam H. McGhee, III, Assistant City Manager; Hr. James N. Klncancn, City Attorney; Hr. H. Ben Jones, Jr.~ Assistant City Attorney; a~d'Mr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Noel C. Taylor, member of Roanoke City Council. HEAI~XNG OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council having set a public hearing for 7:30 p.m., Wednes- day, January 2, 1974, on the request of Creative Offices, Incorporated, that property located on the southwesterly side of the 3100 block of Hillcrest Avenue, N. W., described as Official Tax Nos. 2070335, 2070336 and 2070337, be rezoned from RD, Duplex Residentlal District, to RG-I, General Residential District, the matter was before the body. In this connect/on, the City Planning Commission submitted the following report reconnuending that the request be approved= =November 8, 1973 The Honorable Roy L. Webber, Mayor and Members of city Council Roanoke, Virginia. C~ntlemen: The above cited request was considered by the City Plan- ning Cn~a~ssion at its regular meeting of November 7, 1973. Mr. Fralin, attorney for the petitioner, appeared before the Planning C~{ssion and stated that this property is located near the ~owers Village Apartments, that most of the houses in this area are rental and that this property is located within close proximity of 10th Street, N. W., and Wi111amson Road. He pointed out that no new houses have been constructed in this area for a number of years and that the area has changed from a private ownership, single-family neighborhood to a rental neighborhood. Mr. Fralin further noted that the petitioner proposes to develop one building containing 21 units and that 2% stories of the building would be above-the ground and % story would be in the ground. He noted that the developor is interested in buying some additlonalproperties on this street if this rezoning is approved. Mr. Fralln further noted that the apartments would be one-bedroo~ efficiency apartments, a~d would rent for approximately $125.00 per ~onth ~nfurnished and $145.00 to $150.00 furnished. The Planning Commission members generally noted that this area is a cha~glng one and that this proposed develop- ment would not be detrimental to the neighborhood. The proximity of the Borers Village Apartments, #llliamson Road &ad 10th street were noted by the members as elements con- tributing to this transition, It was also pointed out that the City needed housing of this type to keep the people in the City of Roanoke. The Planning Director noted ac~e elements pointing to the undersirableness of this xezoning petitions it con- 8titutes a clea~ case of spot zoning; the area is essentially of a stable resldentinl character! the existing street system Is not developed sufficiently to-handle the additional traf- £1c to be generated by this develo~n%! and the approximately ~wenty units that can be constructed on this parcel Is gen- erally too excessive for this neighborhood. Accordingly, no21on was made, duly seconded and approved unaninously reco~ading to City Co~ncll ~hat this request be approved. Sincerely, $/ Henry B. Boynton by LH Henry B. Boynton Chairman" )frs. W. E. W~er, 3124 Hillcrest Avenue, N. ~f., appeared before Council and presented a petition si~ned by 48 residents in the vicinity of Hillcrest Avenue advising that they object to the resoning because their sewage facilities are inadequate at the present time; the heavy flow of traffic which will endanger the lives of small childr~n~ the amount of parking facilities at the present time is l~ted to street parking only, therefore, making it hazardous to children crossing the street between parked cars~ and that the area considered for rezoning consists of two vacant lots which are only 53 feet wide. Mr. Lothar ~L~nelstein, City Plaruting Director, appeared before Coencil and pointed out that he advised the city Pla~ing Co~ssion of certain elements relative to the tuldesi=ableness of the petition for rezoning, advising that the area is basically single f~ly and has not ttndergone any cha~ges since 1967, that the street syste~a is not adequate for the RG-1 type of zonJ~ng, that this type of zoning would bring More traffic into the area and that if this rezoning is approved it will constitute a major case of spot zoning. }tr. W. HeyWood Frelinf Attorney, representing the petitioners, appeared before Council in support of the request of his clients, advising that his clients intend to construct one building containing twenty-one units, that the apartments will be one bedroom efficiency apartments and will runt from $125.00 to $150.00 per month. Various m~m~ers of Council questioned Mrs. Wimmer as to whether or not she or any of her neighbors appeared before the City Planning Commission to state their opposition, whereupon, Mrs. wimmer replied that she d~d not appear before the Comm~sslon-because' she was-unable to leave her job on the date of the Planning Con~issing hearing. Mrs. Wimmer further pointing out that the people who received notices of the hearing before the City Planning Co~nission were under the impression that the property was to be rezoned to RD, Duplex 381 382 Residential District, instead of aG-l, General Residential District, and that the property menere had no op~ositlon to.the RD classification. After a lengthy discussion of the matter, ~tr. Lisk m~ved that the public headr~ng be continued and that the-request for rezoning be referred back to the City pian~ing ~ssion for'the'purpose of holding another hearing at which time all affected property owners in the area are to be properly notified in order for them to appear'before the City Planning Commis- sion to state their positions relative to the request for rezoning and that a copy of the petition from the residents be' transmitted to the City Planning Commission for their Information. The motion was seconded by ~r. Thomas and adopted by f_he following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ....................................... 6 NAYS: ~r. Hubard .................. Mr. Hubard advised that he is not tn favor Of the motion because he is of the opinion that proper notice was given to all affected property owners and that this rezoning request should be acted upon just as any other petition for rezonLng. ZONING: Council having set a public hearing for 7:30 p.m., Wednes- day, January 2, 1974, on the request of Mr. Bently J. King, et uxo, that property located in the 2000 block of Wallace Avenue, N. E., described as Lots 1 and 2, Block 13, }{ap of Jackson Park, Offlcia! Tax No. 3330314, be rezoned from RD, Duplex Residential District, to RG-1, General Residential District, the matter was before the body. In this coansction, the City planning Comm~sslon submitted the following report reco=~nending that the request be approved: 'November 8, 1973 The Honoruble Roy L. Webber, Mayor and Members Of City CoUncil Roanoke, Virginia. The above cited request was considered by the City Planning Cc~m~ssion at its regular meetlng of November 1973. Mr. Kytchen, attorney for the petitioner, appeared before the planning Co~m[ssion end stated that approxl- mately one year ago Mr. and Mrs. K~ng had property rezoned adjacent to this property, separated by an alley, and now that they have secured these ~wo lots t~.ey would llke to rezone them to correspond with the previously zoned property, (RG-1), in order that they can build apartments on all of the lots. He noted that construc- tion on the previously rezoned lots has not begun as yet but that they do intend-to-begin constr~ction this spr~ng. ~tr. Kytchen noted that' there are only six lots remaln~ng tn this entire block and that the petltloner has tried unsuccessfully to acquire them. Mr. Lawrence Moses, 2038 Wallace Avenue, N. E.t appeared before the Planning commission in opposition to the rezoning of the parcel of land across from his 383 b~ but was Informed that these t~o petitioned lots ~e lo~ he ~as op~sed ~.~v~g ~ezoned ~e~e ~n fac~ ~ezon~ ~n Sept~r~ 1972, ~, ~ses ~en stated tha~ he ha~ no objections ~ ~e rezon~ of ~e t~ lots n~ ~g pet~t~ed, After ~ dLs~ss~on b~ ~e Pl~g ~ssion ~s; It ~as g~erall~ agreed ~t ~ls rezoning ~uld ~ in keepin9 ~l~ ~e general cha~acte~ of the neig~zh~. Ac~fdlngly~ ~tion ~as m~e, duly se~nded ~d app~ov~ ~usl~ zec~ding to Clt~ Co. cji ~at ~ls re.est ~ approved. S~ncerely, S/ H~ ~. ~ton by ~ H~ B. Boynton ~ai~' NO one appearing in op~sition to ~e re.est for rezon~ng, ~. ~out ~ved ~at ~e following Or,in.ce be placed u~n its ~irst reading: (~212~8) ~ O~X~ to ~en~ Tit~e ~, Chapter 4.~. Section of The C~e of ~e City of ~oke, 1956, as ~ended, ~a Sheet No. Sectional ~966 Zone Map, City of Ro~oke, ~ relation to Zoning. ~, application has been ~de to ~e Co~c~l of the City of ~oke to have ~ts 1 ~ 2, Block ~3, ~ of Jackson Park~ Official T~ NO. 3330314 rezon~ fr~ ~, ~plex Residential D~strict, to RG-I. ~neral Residentlal Distri=t~ ~d ~, ~e City Plying C~ission has reco~ended ~at th~ hereinafter descried l~d be rezoned from ~, Duplex Residential D~strict, to R~i, ~eraX Res~dentAaX Distrlct; ~d ~, ~e ~itten notice ~d ~e ~sted si~ re~ire~ to be p~lished ~ ~ste~, res~utively, by Section ~1, Chapter 4.1, Title ~, of ~e Code of ~e City of Ro~ok~, 1956, as ~ded, relating to Zoning, have ~en p~lishe~ ~ posted as requ~re~ ~d for ~e t~e provided by sections ~ ~, ~e hearing as p~vided for in said notice was held on ~e 2n~ day of J~ua~, 1974, at ~:30 ~.M., before ~e Co~cil of ~e City of ~oke, at ~Ach hearing all par~es ~ ~nterest ~d citizens were ~ op~rt~ty to ~ heard, bo~ for ~ against ~e proposed rezon~g~ ~, ~is Co.oil, after =onsider~g ~e evidence as her~ln provided, iS of ~e opinion ~at ~e h~re~after describe~ l~d should be rezoned. ~O~, ~ IT O~D by ~e Co~cil of ~e City of ~at Title ~, ~apter 4.1, Section 2, o~ ~e Code of ~e C~ty of 1956, as ~ded, relat~g to Zoning, ~d Sheet No. 33] of ~e Sectional 1966 Zone ~, City of ~oke, be ~ed in ~e roll.lng particular ~d no o~er, viz.: 38;4 Property located on'2000 block of Wallace Avenue, N. E., described as Lots I and 2, Block 13, Nap of Jackson Park, Official Tax No. 3330314, designated on Sheet 333 of t~e Sectional,Z966 Zone Hap~ City of l~oanoke, as Official Tax NO. 3330314, be, and ma hereby~ changed from RD~ Duplex Resi- dential DiStrict, to RG-l~ C~neral ~esidential District, and that Sheet No. 333 of the aforesaid ~ap be changed In this respect. · The motion was seconded by l~r. Llsk and adopted by the Na~or Webber ............................... ~AYS ~ None ...................... O. STI~EETS AND ALLEYS: Council having set a public hearing for ?=30 and Kennard~Pace company~ lnco~13orated~ that those uno~ned portions of alley extending in a westerly direction from the aforesaid portion of N~ne- body o In this coralection, the City Plann~13g Com~ssion sub~L~tted the following report recommending that the request be approved= 'December 6, 1973 The Honorable Roy L. Webber, Mayor and Members of City Counc£1 l~oanoke, Virginia Gent l~ea3: The above cite~ request was considered by the City 1973. Hr. Turne=, attorney for the petitioner, appeared before the Planning Co~3nisslon and stated that he repre- Company had joined in this request since they have no objections to the closlng of these streets and alley. It was noted that Kennard-Pace COmpany owns the pro- ~erty on the east side of 19th Street and that Alton both sides of the alleyway betwee~ 19th Street and 20th Street. He noted that Alton Lowe, Incorporated ~s anti- cipat~ng expending their faeillt~es and would like these After some d~sc~ssion by the Planning members, mt was agreed that the clo~ing of thes~ streets and alley w~uld not be detrimental to the neighborhood approved tmen~mously recommending to City Coencll that this request be approved. S/ Henry B. Boynton by LH He~ry B. Boy. ton The viewers appointed to view the streets and alley submitted a written report advising ~hat they have viewed the streets and alley in question and the neighboring property and they are unanimously of the opinion that no inconvenience ~ould result to any individual or to the public fr~ vacating, diecont~nu~ng and closing same. No one appearing in oppesitien-to the request, H~. Thomas ~oved that the following Ordinance be placed upon its first reading: {[21279) ~ ORDIHANC~ permanently vacating, discontinuing and closing those certain enopened Portions Of T~entieth Street, $. ~/., and Nineteenth Street, So W,, both extending in a southerly direction frc~ Chap~l Avenue, So W., and an unopened twelve foot alley extending in a westerly direction from the aforesaid portion of Nineteenth Street, said streets being approximately 50 feet in width and said alley being approx- imately 12 feet in width, all more particularly described hereinafter. WHEREAS, A/ton Lows, Incorporated and Esnnard-Pace Co., Inc., have heretofore filed their petition before the Counuil of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue end close the aforesaid portions of two streets and an alley, the filing of which petition due notice was given to the public as required by law; and WHEREAS, in accordance with the prayers of said patition, viewers were appeinted by the Council on the 5th day of November, 1973, to view the property end to report in writing whether in their opinion any inconvenience would result in permanently vacating, discontinuing and closing the aforesaid street pertions and alleyway; and WHEREAS, it appears from the written report of the viewers filed with the City Clerk that no inconve~ience would result to any individual or to the publlc from permanently vacating, discontinuing and closlng said street portions and alleyway; and WHEREAS, Council at its meeting-on' November 5, 1973, referred the petition to the City Planning Co~ssion, which Com~sslon in its report before Council on December 10, 1973, recommended'that the request to close those unopened portions of Twentieth Street, S. W. beth extending In a southeriy direction from Chapman Avenue, S. W., and an unopened twelve foot alley extending in a westerly direction from the aforesaid portion of Nineteenth street-he granted~ W~EREAS, a public hearing was held on the question before Council at its meeting on the 2nd day of January, 1973, at ?:30 p.m., after due and timely notice thereof publlshed in the Roanoke World News, at which hearing all parties and interested citizens were afforded an opportunity to be heard on the question~ and ':385 '!;386 h~RI~S, £rom all of the .foregoing, Council considers that no ~c~v~l~ce ~d ~esult ~ ~ ~ndiv~d~l~or ~o ~e p~lic ~r~ vacat~g, dls~nh~ulng.~d clos~ ~e he~e~af~e~ descried st~eeh ~kions ~d alle~ay, as rended by ~e Pi~9 ~ssion, ~d ~a~ acco~d~91y said streets ~d alle~ay should be.~tly closed. Vlrqinia, ~at ~ose ~o~ed ~r~lons of ~2~e~ Street, S. ~.~ and ~a~ Av~ue, S. ~., ~d ~ ~o~ed ~elve f~2 alley extending ~n a westerly direc~ f~ aforesaid ~rtion of Ninete~ Street, all of which are ~re particularly described as roll,st P~L ~ ~ING ~at ~rt~on of ~e~ S~eet, S. W., as sh~ on City Appraisal ~p %132 extend~g ~n a sou~erly direction fr~ ~a~ Argue, S. W.~ to ~ ~tersect~on w~ ~e ~orfo~ ~ Weste~' [fo~rly V[rgin~) ~lway C~p~y r~ght of way~ sa~d street-~ ~ded on ~e west {86.03 feet~ ~re or less) by ~e aor~erly ~ortion of ~t 1~ Block 48, o[ ~ver V~ew ~d West ~ ~d C~y ~p ~d on the east (~08.20 feet~ ~ra or less} by ~e nor~erly ~rt~on of ~t 8, Block 36, o[ ~e ~ver View ~ West ~d ~nd C~y ~p, said street berg 50 feet w~de~ ~re or less. P~L II ~EING ~at ~r~on of N~eteen~ S~eet, S. W., as sh~ on City Appraisal ~p %132 extending ~ a sou~erly direction from C~a- Av~ue, S. W.~ to ~ts intersection with ~e Norfolk ~d Weste~ (fo~erly V~rgini~) ~lway Co~y r~ght of way, sa~d s~eet being ~de~ on ~e west (285.6 feet~ ~re or less) by ~e nor~erly ~ortlon of ~t 9, and all of ~t 1, Blo~ 36, of ~ver View ~d West ~d ~d Co~y ~ ~ on ~e east (312 feet, ~re or less} by ~ 8 and 16, Block 26, o[ ~ver View ~ West ~ ~ C~y ~p, sa~d street being 50 feet wide, more or less. ~[N~ all of ~at alZey as sh~ on C~ty A~ra~sal ~ %132 ext~d~g in a westerly direction ~ough ~1o~ 36 of ~e ~ver View ~d West ~d-~ C~y ~p fr~ ~on of N~neteen~ S~eet as'~es~ibed ~n Parcel Il, to its ~tersect~on wi~ ~e right-of way line of ~e Norfolk and Weste~ ~ilway (fo~rly V[rgln~) Co~y, sa~d alley ~g ~de~ on ~e nor~ (300 feet, ~re or less} by 1, 2, 3, 4~ 5, 6 ~ a ~rtion oE ~e nor~erly part of ~t 3~ Block 36, of ~ver V~ew ~d West ~d ~ Co~y ~p ~d on ~e sou~ (2~5 feet, ~re-or less} by ~e nor~erly ~r~on of ~ts 9, 10, 1~, ~2, 13 ~d ~4, al~ ~n B[o~ 36, of ~e ~ver View ~ West ~ ~d C~y ~p, said alley ~g ~elve [eet wide, ~re or less. BE, ~d ~ey her~y are, pe~tly ~cated, d~scont[nued and cZose~ ~ ~at all r~ght, t~tle ~ 2nterest of ~e City of ~oke~ V~r~in~a, ~ of ~e p~lic ~d to ~e s~ be~ ~d it hereby ~s, released [nsof~ as ~e Cocci1 o[ ~e City of ~oke Is ~ered so to do, ~e City of ~oke, V~rgin[a, rese~g ~to i~el[, h~ever, a pe~tual ease- m~t for se~r l~nes~ dra~s, water lines ~d o~er p~l~c util~tles which ~y now he located ~ ~d over ~e aforesaid streets ~d alle~ay. BE IT ~R~K ordained ~at ~e City ~gineer be, ~d he hereby ~rected to ~rk =Pe~ently Vacated' on the ~ove-described portions of Nineteenth and T~entieth Streets and allelnesy on all maps and plats on file In his office on which the said ~treets and alleyway are shownw referring to the book and page of Ordinances and Resolutions of the Council of the City of P~anoke wherein this Ordinance shall be spread, BE IT YURTN~R ordained that the Clerk of the City deliver to the Clerk of the Circuit Cou~t of the City of Roanoke, Virginia, a certified copy of this Ordinance in order that the Clerk of said Court may make proper nota- tion on all maps or plats recorded in his office upon which are sho~m the said streets and alleyway, no~ as provided by law, and that if requested by any party in tnterestw he may record the same in the deed book in his office indexing the same in the name of the City of Roanoke, Virginia, as grantor and in the name of any party in Interest who may request as grantee. The motion vas seconded by Hr. Trout and adopted by the following vote = AYES: Messrs. Garlandt Hubardt ~.isk, Taylor, Thomas, Trout and Rayor Webber ............................. 7. NAYS: None ....................0. - STREE?S AND ALLEYS= Council having set a public hearing for ?:30 p.m., Wednesday, January 2, 1974, on the request Of Co==aunity Hospital of ~oa~oke Valley and Carnett Investments that that certain alley extending from the southerly side of Mountain Avenue~ S. E., to the northerly side of Highland Avenue, S. E., located betweea First Street a~ld Third Street, S. E., and running paralle! thereto~ be vacated, discontinued and closed, the matter was before the body. In this connection, the City Planning Commission s~bm~tted the Eollowing report recommending that the request be approved: 'December 6, 1973 The Honorable Roy L. Webber, Mayor and Members of City Councll Roanoke, Virginia Gentlemen: The above cited request was considered by the City planning Co,mission at its regular meeting of December 5, 1973. Hr. Grove~ attorney for the petitioner, appeared before the Planning Cn~iesion* and stated that the petitioners own all' of the property surrounding this alley, and that the Coummnity Hospital of Roanoke Val- ley plans to pave the lots that-they have' purchased adjoining this alley to provide 363 more parking places for doctors and e-~loyees-of the-hospital. Carnett Znves~en~s has joined in this petition since they have no objections*to-this-alley being closed. Mr. Grove noted that this alley extends only approximately 150 feet south of Mountain Avenue even though the maps show it extending to Highland Avenue hut because of the extensive grading at this location, there is a steep drop-off after approximately 150 feet. :38'7 ~388 After discussion by ~he Planning commission bors, It vas generally agreed M3at the cinsing o£ this p~esen~ed no ~affic or cl~la~on probl~. Accor~ngly~ m~lon was m~e~ duly sec~de~ and approved~ ~usl~ recanting ~o Clt~ Co~cil ~a~ ~ls re,est ~ approved. Since~ely ~ ~e viewers a~lnted to view ~e alley s~tted a w=ltten advising ~at ~ey have vieved ~a'alley in ~estion ~d ~he ~d ~ey a~e ~ously'of ~a opinion ~a~' no inconvenience ~ould ~esul~ to individual or to ~e p~lic f~ vacating~ discontinuing ~d No one appea~lng la op~sition to ~e r~es~ ~. ~e follwing O~ce be placed u~n*~ts first =eadlng~ (J21280) ~ O~I~ potently vacating~ discontinuing and closing ~a~ ce=rain alley ext~ding f~ the sou~erly side of ~tain Avenue~ S. E.~ ~o the no~erZy side of Highl~d Avenue~ S. E.~ located between First S~ee~ ~d Third S~ee~ ~. E. ~ ~d ~lng parallel thereto. ~ C~i~y Hospital of Ro~oke Valley ~d Ca~a~ Invest- nan,s heretofore ~de application to ~e city of ~anoke~ Vir~inia~ ~hat aZZey here~a~er descried be per,fly vacated~ discont~ued and closed~ a~e= having fl~s~ ~s~ed a noticu o~ ~e int~ded appllca~ion as provided by law~ ~d ~ ~e Co~cil of ~e Cl~y of Ro~oke~ Vi~ginia~ on ~he 29~h day of ~to~r~ 1973~ adopted ResoZu~oa ~o. 2~187 appoin~hg ~ssrs. R. ~e to ac~ as viewers ~o vle~ ~e aforesaid alley ~d ~epo~ in sv~t to ~e p~ovisions of Section 15.1-364 o~ ~e Code o~ Virginia oi 1950~ as ~ended to da~ef ~he~er ~n ~ei~ opinion ~y~ and i~ ~y~ ~hat inconven- ience ~uld zesult f~om discon~nuing the s~ ~d ~ ~e ~ee said viewers did visit ~t view ~e aforesaid alley ~d ~e ad~ac~ neig~=h~ds ~d did ~e~ in ~iting ~a~ in ~elr opinion no inconv~i~ce ~uld =esult e~e~ to ~y individual p~llc ~roa vacating~ discon~g ~d'clos~g said alZey~ ~d ~ ~s ~t~er has been ~eferFed ~o ~e V~ing Comisslon of ~e City o~ ~oke~-Virgtnia~ vhlch-sa~d C~SSion has approved the pe~ent vaca~g~ discontinuing- ~d-closing 0~ said' alley~ ~; a p~]ic hearing on'~e aforesaid application to potently vaca~e~ discontinue ~d-close-sa~d' alley was held; a~te~ a no~ice ~e~eof was duZy ad~e~is~d in ~e ~oke'~o~Zd-~e~ on ~c~er~4~ 1973~ advising public of the said public hearing before this Council on Wednesday, January 2, 1974f at 7t30 p.m., on said day, at which ~eeting there was expressed no objection or opposition to vacating, discontinuing and closing said alleyj and ~HEREAS, In the opinion of this Council, no inconvenience to the public or any o~ner will result if said alley be vacated, discontinued and closed for the purposes set forth in the aforesaid application. T~I~Fop~, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that certain alley located-in the City of Roanoke, Virginia, shown on Sheet No. 402 of the Tax Appraisal Map of the City Of Roanoke, Virginia, and ~ore particularly described as follows, to wit~ That certain alley extealding from the southerly side Of Mountain Avenue, S. E., to the northerly side of High- land Avenue, So E., located between First Street and Third Street, S. E., and running parallel thereto for the entire length and width of said alley. be and the sa~e Is hereby permanently vacated~ discontinued and closed and that all right, title and interest of the City of Roanoke, virginia, and the public In and to the same be and they are hereby released insofar as the Council is empowered so to do, the City of Roanoke reserving unto itself, however, a perpetual easement for sewer lines, cLrains, water lines and other public utilities which ~ay now be located in the aforesaid alley. ~E IT FUNTHER ORDAINED that the City Engineer be and he is hereby directed to mark 'Permanently Yacated, Discontinued and Closed' said alley on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said alley is sho~n~ referring thereon to the book and page of Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread~ and the City Clerk is directed to transmit an attested' copy hereof to the Clerk of the Circuit Court of the City of Roanoke, Virginia, for recordation in said Clerk's Offlce. The ~x~tion was seconded by Mr. Trout and adopted by the following AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. ?. NAYS: None .....................0. STREETS AND ALLEYS-HOUSING-SLUM ~J~%/LRRC~: Council having set a public hearing for ?:30 p.m., Wednesday, January 2, 1974, on the request of the City of Roanoke Redevelopment and Housing Authority that certain alleys a~d portions of alleys within the boL~ndary of or bordering the Gainsboro Neigh~or~ Development Program, Project VA A-6, in the northwest section of the City of Roanoke, be vacated, discont~nued and closed, the matter was before the body. In this connection, the City Plannlng Commission submitted the following report reco=~endtng that the request be approved: ;389 .390 'December 6~ 1973 The Honorable I~ L. Webber, Mayor and Members of City Council l~Danoke, Virginia Gentle. eh ~ The above cited req~lest was considered by the City Planning Commission at ~ts regular meeting of December Mr. Staples, attorney for the petitioner, appeared before the Planning Co-~ssion end stated that some months ago the City Planning Cc~*sslon and City Coun- cil approved the Gatnsboro Neighborhood Development Program ~n its entirety end then On August 23~ 1972~ an approved operation plan for the activity year of 1973 was approved. He further:stated that at this tflne the Roanoke Redevelopment-end Housing Authority proposes to close two alleys and portions of two other alleys~ He noted that-the alley on the north side of HcDowell Avenue and-the:alley on the' south side of MrDowell Avenue ars both paper alleys and have never been open. He further noted that when ask- ~ng for the portions of two alleys, they are only asking for the closings where they own both sides of the alley end even though it may not inconvenience any of the property owners, they were not asking for the closings of the alleys behind the private pro- perty. Mr. Staples stated that a strip of land, Lot No. 52, located between HcDowell Avenue-and Madison Avenue has bean designated for an alley for trucks to use that will be using this part of the alley that has not bean closed. After discussion by the Planning Con~/sslon mem- bers, it was agreed that the closing of these alleys and portions of alleys would do no detrimental harm to the neighborhood and presented no traffic or cir- culation problems. Accordingly, motion was made, duly seconded and approved unenimously recommending to City Council that this request be approved. Sincerely, S/ Henry B. Boynton by LH Henry B. Boynton Chairman' The viewers appointed to view the alleys and portions of alleys sub, fred a written report advising that they have viewed the alleys and portions of alleys in question end the nieghboring property and they are unenimously of the opinion that no inconvenience would result to any individual or to the publlc from vacating, disronttnuing and closing same. No one appearing in opposition to the request, Mr. Trout moved that the following ordinance be placed upon its first reading: {%21281} AN O~DINANCE permanently vacating, discontinuing and clos- ing certain alleys and portions Of alleys within the boundary of or bordering the Galnsboro Neighborhood Development Program VA A-6 in the northwest section of the City of Roanoke, Virginia, as are hereinafter more fully described. WHEP~EAS, the City of Roanoke Redevelopment and Housing Authority has heretofore filed a petition with the Council of the City of Roenoke, Virginia, in accordance with law, requesting Said Council to permanently vacate, discont~nua ~nd close certain alleys or portions of sane located within the bounda~ of or bordering the Gainaboro Neighborhood Development Program VA A-6, of the £111ng of which said petition due notice was given to the public as required by law~ and WHEP. EAS, in accordance with the prayer of said petition, viewers ~ere appointed by the Council on the 12th day of November, 1971, to view the property and to report in ~iting whether tn their opinion any inconven- ience would result from permanently vacating, discontinuing and closing said alleys or portions of same! and WA~REAS, it appears f=om the written report of said viewers filed with the City Clerk on the lith day of November, 1971, that no inconvenience ~ould result either to any individual or to the public from permanently vacstt'ng, discontinuing and closing said'alleys or portions:of same~ and WHEREAS, Council st i~s meeting on-the llth day of November, 1973, referred the petition to the City Planning C~tesion, vhlch Comissioner by its report dated December 6, 1971, and filed with Council recon:nended that the petition to vacate, discontinue and close the alleys and portions thereof hereinafter more fully described be approvedl and WHERFAS, a public hearing was held on the question before the Coun- cil at its regula~ meeting on January 2, 1974, after due and timely notice thereof published in The World News, at which hearing all parties in interest and citizens ~ere afforded an opportunity to be heard on the questioul and h~IERF&S, £rom all of the foregoing, the Council considers that no inconvenience viii result to any individual or to the public from permanently vacating, discontinuing and closing the alleys and portions thereof ~ithlu and borderin9 upon the 6ainsboro Heiphborhood Development Program VA A-6, as applied for by the petitioner, and that said alleys and portions thereof should be permanently closed as hereinafter provided. THZI~EFOItE, BE IT ORDAIKED by the Council o£ the City of P~anoke that all of the following described alleys and portions of alleys located within the boundary off or bordering upon the Gainsbero ~eighborhood Development Pro- gram VA A-6 of the City of ~oenoke RedeveloI~nent and Housing Authority, located in the northwest section of the City of Roanoke, be and they are hereby permanently vacated, discontinued-and ¢losed~ and that all right, tltle and interest of the public in and to the same be, and it is hereby released insofar as the Council of the City Of Roanoke is empowered so to do, the City of Roanoke hereby expressly reserving an easement in said alleys and portions thereof for the maintenance, operation, repair and replacement of any existing water line, or other municipal tnstallatlon or public utility now located in said alleys and portions thereof, such easement or easements to terminate upon the later-abandonment of use or permanent removal from the alleys and portions of alleys of any such municipal installation or utillty by the owner thereof: 391 ;392 l. That cerl;a:l.n unopened Paper~all&y:extending from ~he north line of HcDovell Avenue'at & point approxlnataly 150 feet west o£ Peach Road; ~unning 'ina northerly direction betveen Lots 2 and 3t Section. 7~ North SIAa Additlont for a distance of approxi- mately 100.$ feet to intersect with the southerly line of another alley running in an east-west.direction. 2. All that certain all~ extending from the southerly line of ~Dowell Avenue at a point approximately 300 feet west of Peach Road· z%uming tn a southerly direction between Lots 5 and 6, Sec- ~lon 5~ North Side Addition Nap~ for a distance of approxhnately lO0 feet to intersect with the northerly line of a certain alley running In an' east-west direction. I. ~hat portion of a certain alley ~ulning in an east-west direction equlodlstant between and parallel to HcDowell Avenue, N. W.~ and Nadlson Avenue~ H. w., extending from a point approxi- mately 220 feet west of Peach Roadw said point being the lot line between Lots 3 and 4, Sectton'5~ Horth Side extended~ thence run- ning in a westerly direction a dlst~ance of approximately 460 feet to a point being the property line between Lots 12 and 13~ Section 5~ North Side Additton~ extended~ 4. That certain alley extending from the easterly line of 5th Stxeet* N. W. t at a point approximately 63.5 feet south of Hadison Avenue, N.W., and 91.5 feet north of Rutherford Avenue~ N. W. · thence running in an easterly direction a distance of approximately 1225 feet to a point approximately 337 feet west of Gainsboro Road~ and being the property line between Lots 8 and 9· Section 3 of North Side extended; SE IT FURTHER ORUAINED that the City Engineer be~ and he hereby is~ directed to mark 'pern~nen~ly vacated' on all the above described alleys or portions thereof on all maps and plats on file in his office on which said alleys are shown~ referring to the book and page of Ordinances and Resolutions ~f the Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAIBED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanokew Virginia· a certified copy of this Ordlnanee in order that the Clerk of said Court may make proper notation on all maps and plats recorded in his office upon which are shown said alleys hereby vacated, as provided by law, and that, If so requested by any ~arty in interest, be may record the same in the deed book in his office indexing the same in the City of ~oanoke as grantor and in the name of any party in interest who ~ay request it as grantee, The ~otion was seconded by Mr. Thomas end adopted by the following vote: AYES: Hessrs. Garland, ~ubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. 7. NAYS: None .......................... 0. CHARTER-LOANS: Co~ncll having set a public hearing for ?:30 p.m.· Wednesday, ~anuary 2, 1974, in order to determine if the citizens of the City of Roanoke desire the Council to request the General Assembly of Virginia to amend the Roanoke Charter of 1952 in the following respect, the matter was before the body. The Council shall have the p~wer to negotiate and secure short term loans for the purpose of paying current ex- penses or debts of the city. Such loans shall be evidenced by bonds or notes bearing interest, payable in not more than one year from the date of issue. The aggregate of such short ter~ bonds and notes outstanding at any one ti~e shall not exceed the ~evanue for such fiscal year nor shall it ex- ceed an amount equal to t~enty-£1ve per centum of ~he re- .venue frc~ all sources collected by the city in the preceding fiscal year. No one appearing in opposition to the proposed amendment, Hr. Thomas offered the following Resolution: ¢~21252) A RESOLUTION requesting the General Assembly of Virginia to enact a certain other amendment to the Roanoke Charter of 1952, as amended. {For full text of Resolution, see Resolution Rook No. $9, Page Hr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Trout and adopted by the following vote: A~ES: Hessrs. Garland, gubard, Llsk, Taylor, Thomas, Trout and Hayer Webber ............................... NAYS: None ...................... 0. PETITIONS AND COH}IUNICATIONSz PAR~ AND PLAYGROUNDS: Hr. Ho V. Robinson, representing the Wildwood Civic League, appeared before Council and made the following reco~mendations relative to the Idlewild-Kenwoed area and Thrasher Park: that some improvement be made in the drainage of King Street N. E. that the hazardous condition of a ditch on the curve at King Street, N. E., be corrected, that the parking lot at Thrasher Park be doubled and improved, that a walkway be constructed from the parking area to the Thrasher park Recreation Center Building, that the picnic area be enlarged with more tables, that the drain pipe be extended from Richards Avenue to the branch instead of water being turned into the parking area, construction of a small rest_room facility similar to that being constrocted in Fish- burn Park, placement of playground equipment on the east side Of the perk, that the branch be cleaned out and some means provided to elimlnate swanky conditions which now exist, and that a study be made for a future baseball and football field in the southwest corner of the park next to Eastern Avenue by dumping non-organic materlal there in order to level the ground. Hr. Trout moved that the reco~nendations of the Nildwood Civic League be referred to the City Hanager for investigation and report to Council. The motion was eeconded by Hr. Lisk and unanimously adopted. REVENUE SHARING: A COn~uunication from the Roanoke Valley Councll of Conmmnlty Se~vices, Incorporated, advising that in response to the new federal policy on allocating financial assistance to human resource services through revenue sharing, the Cou~cll of Com~umity Services is formalizing a new effort -- a Human Resources Advisory Committee, and requesting that Council appoint a member of Roanoke City Council to said cikmmittee, was before the body. Hr. Garland placed in nomination the name of Dr. Noel C. Taylor. There being no further nominations, Dr. Noel C. Taylor was elected as a member Of the Human Resources Advisory Committee of the Roanoke Valley Council of C~mity Services, Incorporated, by the followlng vote= :3:94 FOR DR. TAYLORt Hessre,~ Garland,:Hubard, Llsk~ Thomas, Trout and J4ayor #ebber ................. e ...... S. (Dr. Taylor not vo~tng) R~PORTS OF OFFZCI~RSz TRAFPIC~ The City Nan&get submitted a vritten report in connection with the Franklin Ro&d traffic flow, rece~nding that left turns from Franklin Road to Reserve Avenue not be limited at this time, that all left turns except those of emergency vehicles performing an emergency function be denied at the Intersection of Franklin Read and Wiley Drive and that no changes be made et HcClanahen S~eet, Brandon Avenue and Franklin Road at this time tmtil new signalization equipment arrives. In this connection, the City Manager sul~nitted a further written report relating to the stationing of a police officer to direct left turns southbound on Franklin Road onto Reserve Avenue, S. W. · advising that during the period of December 4 to 18· 1975, this control was established from 4=10 to 5=45 p.m., daily, that experience of the o[£1cers end their supervisors in handling the small number of left turns during each period was that the presence of the officer did not expedite tra£fic flo~ in either direction and that left turns have no significant i~psct at that point, that this point control has been discontinued pending results of the final study of the traffic situation on Franklin Road and to obtain better use of time Of the patrolmen during these Mr. Hubard moved that the reports be received and filed. The ~otlon was seconded by Mr. Trout and unanimously adopted. STATE HIGHWAYS: The City Manager stthmitted a written report advising of a combination location a~d design public hearing for Route 118 on January 23, 1974, at 7=30 p.m., in the Willia~ Fle~ing Hlg~ School Cafeteria on Ferncliff Avenue, N. W., and recommending that Council, by Resoletion, concur in the location a~d design of this project and that this Resolution be presented to the Virginia Department of Highways at the public hearing on January 23, 1974. Mr. Lisk moved that the matter be referred to the City Attorney for preparation of the proper measure concurring in the location and design of the Route 118 PrOject. The motion was seconded by Dr. Taylor and %tnanimously adopted. ZONING: 'The City Manager submitted a written report transmitting a zoning s%~m~mry sheet which delineates ma~or elements of the residential, commercial and industrial sones, advising that it is hoped that this sua~ary sheet will assist Coencil in its deliberations and ser~e as a handy reference guide during public hearing~ on zoning matters. Mr. Hubard ~oved that the report be received and filed with thanks. The ~otion was seconded by Mr. Trout and unanimously adopted. REPORTS OF CO~Z~/TTEES~ LEGrSLATION-ScHOOLs-BUSES-SIDL'WALK~ ~ AND GUTTER~ Council having referred to the Legislative Advisory Committee for study~ report and recommendation a Statement of Posit~on from the Roanoke. City School Board relative to certain proposed legislation, the cnmmittee submitted the following report z =January 2~ The Honorable Mayor a~d Members of Roanoke City Council Roanoke ~ Virginia Gentlemen ~ Vice-Mayor IAsk, Counellmall Trout, Mayor Webber and the undersigned, being all of the members o£ the Council's legisla- tive Ccmm~ttee~ have recently mat to consider reference to that of the Roanoke City Suhcol Board~s ~position statement* trans- mitted to the Council at its meeting held December 10, 1973. Additionally, the Committee has considered items of legislation and proposed legislation which have been brOught before earlier sessions of the General Assembly of Virginia and upon which the Council has in Other years taken some official position. With respect to the seven items set out in the *Positions Statement' of the Roanoke City School Board dated November 1973, the Council's Legislative Committee makes the following recon~nendatiens to the Council: a. That no official position of the Council needs be taken at this tilde as to the use of public funds for support of non-publlc schools. b. That the Council adhere to its present policy that members of the various local boards, comisslons, authorities and committees not be compensated by salary for membership and services on the same, c. That the Council urge adoption by the General Assembly of a more equitable formula for distribu- tlon of State educational funds, giving less weight to tax values and to average daily membership in the public schools. d. That the Council urge the enactment of legislation prOviding for full funding of special education, includ- ing prOgrams for physically and mentally handicapped children. e. That the Council take no formal position at this tim~ with respect to requirement of compulsory binding arbitration ~n grievance procedures in public school matters. f. That the Council urge the General Assembly and the State Council of Higher Education to ~re clearly define the areas of specific local responsibility for co, unity colleges and for the public schools. g. That the Ge~leral Asselably be urged to enact legisla- tion making kindergarte~ educat/on of children compulsory. Referring back to positions taken by the City Council prior to convening of the 1973 Ge-~eral Assembly, the Council's Legislative Committee recommends that the Council again formally urge enact- ment by the 1974 General Assembly of the follow/rig: 1. Legislation authoriz~g a~' additio~al 1% local Option sales and use tax. 2. Legislation providing for.state assumption of the balance of funding for local welfare programs. 3. Legislation providi~g re/mhursement by the State to a~y city or county, or co~bina~on thereof, of at least one-half the cost of construction or enlarge- ment of any Jail or detention or correctional facility upon a basis approved by the State Board, the construc- tion of which has baem approved by the Governor. ~395 396 4, Legislation expressly aut~orising uso of State funds for providing or l~p~oving access ~oads to p~lio s~lta~ l~df~ll site8~ ~acted as ~e~g~ leg~slatlo~. ~ resolution by ~hich ~e ~cil ~ght affi~tlvely state its ~sition vl~ respect to ~e foregoing Is tr~s~tted here- ~s~ctfully, ~gislative ~ttee' ~. ~out ~ved ~at Co~cll conc~ in ~e re~rt of ~e co. tree ~d offered ~e [ollov~g ~solution~ ([21283) A ~SOL~ION r~uesting sup~t of ~e m~e~s of the 1974 ~eral Ms~ly of Virginia tovards ~ac~nt of certain lt~ of (For full t~t of ~esolution, see Resolu21on ~ok No. 39~ Page 61.) ~. Trout roved the aSop~ion of ~e Resolution. ~e ration seconded by ~. ~isk ad adopted by ~e roll.lng vote: AY~ Hessrs. Garl~d~ H~a~d, Lisk, Taylor, Tho~s, Trou2 ~yor ~ebber ............................... ~YS ~ None ......................0. B~E~HOUSIN~SL~ C~ ~e Fair Housing Board ~e roll.lng re~t ~as~tting its ~ual re~rt, reco~endinq fha2 Co~cil seriously consider mkin9 ~en~ents to ~e Fair Housing O~din~ce to cover disc~Mnation because off s~, mrital s~i~ ad age and requesting that Co~- cil consider appropria~ng E~ds in ~e 1974-75 budget for opera2ional ~nses o~ ~e Fai~ Hous~g Board ~d its a~nlstra~or: "~c~er 27, 1973 Honor~le ~yo~ ~d City ~cil ~oke, Virglnta ~e Fai~ Eousing Board for ~e city of Maoke offi- cially c~e ~to existence ~i~ ~e calling for ~ or~at- zation meet~g by ~yor Roy L. W~ber on ~e 27, 1973, 7:00 p.m. At ~ah t~e ~yor ~ber conducted ~e selec- tion of a chaim to act as leader for ~e g~oup. At ~e2~g i2 ~ decided ~at we would have to mee2 in ~uly ~ Order to confo~ to ~e Fai~ Ho~sing Ordln~ce. S~ce ~e begging of ~e Fair Hoeing Board, we have met ~ fo~ OCCaSions. AtOned to ~ls re~h are ~pies of ~e ~nutes of each of ~ose meet~gs ~hlch should aliohta you on ~e activities of ~e group s~ce i~ begi~ing. ~ you c~ see, ~e first met~g involved sett~g up ~e group ~d also ~ e~lattion of s~ of ~e ~u~ies ad factions of ~e Board ~l~ ~e aid of one of ~e ~is~nt City At~e~s. S~se~t to ~at t~ ~e ~ar~ has conceded itself wl~ att~t~g to ~e ~e Pair Ho~g O~ce ~ to ~e citiz~s so ~at ~ey will be aware of wh~ to c~ct In reference to filing a ~laint of dis=r~a~on;' 'we hav~ also disused we~- nesses in ~e Fair Housing Ordln~ce ~d ~uld like to let Co~=il ~ ~at all fo~l c~laints ~at have ~en file~ ~ co.etlon wi~ discr~a~on have been solve~ or conciliated wi~ ~e a~nistrator, not ~ing it necess~ for ~e ~ to h~le ~y aural cases. '397 It &e,ou~ reco,'~MndatiOn at ~hie tl~e ~hat Coun- cil seriously consider naklng mMnd]Mnts to the Ho~&ng O~ce ~ ~ve~ d~sc~na~on ~ca~e of sez~ ~al s~a~ ~d age. ~Ls ~ec~nda~on has ~ s~ ~ ~ Cl~y A~eyts Office fo~ p~epara~on of ~e necessa~ legal papers involved. ~e also re~es~ ~ ~cil ~nside~ app~pria~g f~ds in ~e 1974-75 budge~ for o~a~lonal e~nses of ~e Fal~ Housing ~d l~ a~is~ra~or. ~alls c~ce~lng ~ls will ~ fomlly presented ~o you well ~fora budge~ s~udy ~. Respectfully submitted, S/ Joe M. Francis Joseph M. Francis, Chairman Fair Housing Boards Dr. Taylor moved that the City Attorney be Instructed to prepare the proper measure amending the Fair Housing Ordinance to cover discr~mination because of sex, marital status a~d age and that the City Clerk be instr~cted to transmit copies of the annual report of the Board to the local governing bodies for their Information. The motion was seconded by Mr. Thomas and unanimously adopted. Dr. Taylor further moved that the request for operating funds be referred to 1974-75 budget study. The ~otion was seconded by Mr. Trout and tulan/mously adopted. The City Attorney questioned the advisability of ~nendlng the Fair Hous Ordln~ulce relative to discr/~ination because of sex, marital status and age without flret giving the overall Ordinance further study. WATER DEPARTMENT= Council having referred to a co~nittee for tabulation, report and reco~unendatio~ the bids received for the construction of the chlorination facilities at the Carvins Cove Filter Plant, (Contract p), the co~n~ttee subnu[tted a %~ritten report recommending that the low bid of ~rock and Davis Company, Incorporated, in the amoent of $105,000.00, be accepted, and that an additional $65,000.00 be appropriated by Council for said project. Mr. Trout moved that Council concur in the reconunendations of the committee and offered the following emergency Ordinance appropriating $65,000.00 to Chlorinat~on Equipment under Section %450, 'Water,' of the 1973-74 budget: (%21284) AN ORDINANCE to ~nd a~d reordain Section %450, 'Water,= of the 1973-74 Water Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 39, Page 62.) Mr. Trout ~ved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the follow~g vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thc~as, Trout and Mayor Webber ............ NAYS: None .......................0. 398 ~tro T~out .then offere~ the-following e~ergenc~ Ordinance accep2~ng ~e pro~sal of B~o~ & DaV~ ~, Inco~ated~ (121285) ~ 0~I~ accept~g ~o pro~sal of B~ock & Davis ~, In~:ate~, for ~e ~ns~cti~ o~ ce:~in chlorination facilities at ~e Clt~s Ca~ns ~ve F~lte~ PI~2~ ~er Con~act 'P'~ au~or~zing ~e p~per cit~ officials to execute a ~ls~te con2ract ~e~efor~ reJect~g cef- tin o~er bids ~de to ~e c~t~ ~ providing for ~ ~ergenc~. (For full t~h of Ordln~ce, see Ord~n~ce ~k No. 39, Pa~e 63.) ~. ~u~ ~ved ~e adoption of ~e Ordin~ce; ~e ~tion ~as seconded b~ ~. ~sk ~d adop2ed b~ ~e foll~ng vote~ AYES~ Hessrs. Ga~l~d~ H~ard, L~sk~ ~or W~r ............................... ~Ys ~ None ...................... 0. In ~is co~ect~on, ~e City ~ager s~tted a written re~rt a~v~s~ng ~at he con~s ~n ~e fecundation of ~e c~tt~e. ~. ~out ~ved ~at ~e re~rt be received and f~led. The ~t~on was seconded by Dr. Taylor ~ ~usly adopted. ~N~SH~ BUSI~SS = NO~. CONSIDE~TION OF C~ = NO~. ~ODU~ION ~ CONSIDE~TION OF O~I~ CI~ ~G~R: Co~c~l hav~ng directe~ ~e C~ty Atto~ey to prepare ~e proper meas~e a~or~zing ~e issu~ce of Ch~ge Or~er No. ~ to the city's contract w~ Vos~ck Vosbeck K~drick ReVenger, ~chitects an~ ~gineers, au~orized by Or,in,ce No. 20863, for providing plus ~ s~clfications for e~i~ent to ~ used ~ ~e ~1~c Work~ Se~ice Center, he ~resented s~ whereu~n~ ~. Tho~s offere~ ~e foll~ing ~rg~cy Or,in,ce= (%2~286) ~ O~I~ au~orizing ~e i~su~ce of ~ge Order NO. 1 to ~e city's con~act wi~ vos~ck Vosbe~ Ken~ick ~d~nger, ~chitec~ ~ ~gineers, au~orize~ by Ordnance No. 20863, for ~rov~d~ng plus ~ specifications for equi~ent to be use~ ~n ~e ~llc Works Se~ice Center~ ~on cer~in te~ ~ con~ltions~ ~ prov~dlng for ~ ~erg~. (For full text of Or~n~ce, see Or~n~ce Book No. 39, Page 64.} ~. ~s ~ve~ ~e a~opt~on of ~e Or~n~ce. The ~tion was ~e~nded hy ~. Trout ~d adopted by ~e fo~g vote= A~: Messrs. GarliC, H~ard, ~sk, Taylor, Th~s, ~out ~yor W~er .............................. ~YS = None ..............L ....... 0. S~-~G~S~T~ON= Co~c~l having ~irecte~ ~e City Atto~ey to prepare ~e ~rop~ measure urging sup~rt by ~e city's representatives ~n ~e ~nera~ ~s~ly for cons~ctlon of fac~iit~es at Virginia Weste~ ~ity College, he presente~ s~e~ whereu~n, Dr. Taylor offered ~e foll~g ~solution: (J21287) A RESOLUTION urging suppoEt by t~e city's representatives In the General A~sembly ~or cons~c~ion of facilities a~ Virginia ~es~ern ~ty ~llege. (For full text o~ ~solutlon, see ~solut~m Mk No. 39~ Pa~e D~. ~a~lor ~v~ ~e adoption o~ ~e Resolution, ~e ~tlon was seconded by ~. ~out ~ adopted by ~e follow~ng ~te~ A~ ~ssrs. Garl~d, H~ard, Lisk~ Taylor~ Th~s~ ~out ~d ~or We~er .................................. ~YS t None .........................0. SPECI~ P~TS-ZONING~ Co~c~l having directed ~e C~ty to prep~e ~e proper measure grating t~ra~ revoc~le~ non-tr~sfer~le ~ss[on to ~. ~d ~s. W. ~y Re.olds to o~rate a g~ft shop for the sale of h~d~crafts ~u~actured u~n pr~ses l~ated at 3~29 ~i~1 Av~ue~ N. W., ~ as ~t 5~, ~ o[ RO~ll Terrace~ Official Tax No. 2080142, u~n certain te~ ~d conditions, he presented s~; whereu~n~ ~. Trout offered ~e foll~ing Resolution: (~2~288) A ~SOL~ION grating t~ra~ revoc~le~ non-tr~sfer~le pe~ss~on to W. ~y Re.olds to o~rate a gift shop for the sale'of crafts ~nufactured u~n pr~ses located at 3~39 ~[~[ Avenue, N. W., ~o~ as ~t 5~ ~p of ~ill Terrace, Of[~cial Tax No. 2080~42, u~n cer- tain te~ ~d {For full text of Resolution, see Resolution ~k NO. 39, Page 65.} ~. T~ut ~ved ~e adoption of ~e Resolution. The motion was seconded by ~. Garl~d ~d adopted by ~e fo[l~[ng vote: AYe: ~ssrs, Garbed, L~sk~ Taylor, Th~s~ Trout ~ ~yor Weber ...................................6. ~YS~ ~. H~ard ............... 1. B~: Cocci1 having d~rected ~e City Atto~ey to prepare ~e proper measure reject~g ~e b~d of Elec~ical ~d Industrial ~[nten~ce ~rat[on for paining ~e Wasena Bridge, ~d directing ~at ~e ~tter be readvert~sed for bids, he presented s~; whereupon~ ~. Trout offered ~e roll.lng ~solut~on: (%2~289) A ~OL~ION reject~g ~e only bid received for pa[nt~g ~e Wasena Bridge ~d directing ~at ~e ~tter be readvert~sed for bids. (For full t~t of ~so[ut~on, see Resolution ~ok NO. 39, Pa~e ~. T~ut ~ved ~e adoption of ~e Resolution. ~e motion was seconded by ~. ~sk ~d adopted by ~e fol1~[ng vote= A~S: Messrs. Garl~d, H~ard, L~sk, Taylor, Th~s, Trout ~d ~yor Weber ................................ ~YS: None ....................... 0. 399 ~00 ~OTION$ AND MISCELL~REOUS BUSINESS: SHOKE: Mayor Webber called to the attention o£ Council that the ter~S of Messrs. Ruskin P. Arnold and John S. La.g, Jr., as members cE the Advisory and Appeal Board, ~ttr Pollution Control~ expired on December 31, 1973, and called for nom~nations to fill the vacancies. Hr. Llsk placed in nomination the names of Messrs. Ruskin P. Arnold and John S. Lang, Jr. There being no further nominations, Messrs. Ruskin P. Arnold and John S. Lang, Jr., were reelected as members of the Advisor~ and Appeal Board~ A~r Pollution Control, for terms of four years each, ending December 31, 1977, by the following vote: FOR HF~$R~. ARNOLD AND LANG: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................... There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST: DepUty City Clerk Mayor COUNCIL~ REGULAR HEETING~ Honday~ January 7, 1974. The Council of the City of ~oanoke met in regular ~eetlng ~n the CounCil Chamber in the Municipal Bullding~ Honday~ January 7, 1974~ at 2 p.m., the regular meeting hour, with ~ayor Roy L. webber presiding. PBESENT; Councilmen Robert A. Garland, David K. Lisk, Noel C. Taylor, Hampton ~/. Thomas, James O. Trout and Hayor Roy ~.. Webber ............ ABSENT; Councilman William S. Hubard ......................1. OFFICERS PRSSENT; Hr. Byron E. Haner, City Managers Hr. Sam N. McGhee, III, Assistant City Hanager~ Hr. James N. Kincanon, City Attorneys and Hr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend D. C. Craig, Pastor, North Roanoke Baptist Church. MINUTES: Copy of the ~inutes of the regular meeting held on December 26, 1973, having been furnished each -~ber of Council, on motion of Mr. Trout, seconded by Hr. Lisk and unanimously adoptedt the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS= A~RPONT-FIRE DEPARTHENT; Pursuant to notice of advertisement for bids for the construction of a northwest firehouse near Roanoke Municipal (Woodrum] Airport, said proposals to be received by the City Clerk until 2 p.m. Monday, January ?, 1974, and to be opened before Council at that hour, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the Deputy City Clerk to proceed with the opening of the blds$ whereupon, the Deputy City Clerk opened and read the following bids; Thor, Incorporated $ 406,000.00 Watts and Breakell, Incorporated 408,700.00 Valley Contractors Corporation 412,000.00 Logan-McPeak, Incorporated 424,000.00 Frye Building Cc~npany 447,000.00 Hr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recon~endation to Council. The motion was seconded by Hr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Byron E. Haner, Chairman, Sam H. McGhee, III, M. L. Harris and Carl C. Holt as members of ~_he con,/tree. A/RPORT= Pursuant to notice of advertisement for bids for the re- construction of the easterly portion of the south ramp at Roanoke Municipal {Woodrum} Airport, said proposals to be received by the city Clerk until 2 p.m. Monday, January 7, 1974, and to be opened before Council at that hour, Mayor Webber asked if anyone had any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the Deputy 40~. 402 Cl%y Clerk to proceed with the opening of the bids! whereul~n, the Deputy City Clerk opened and read the folloving bids ~ H. & S, Construction Co. any $29,977.75 F~ye Building Company 32,273.00 Southwest Const~uction, Incorporated 33,360.25 Bennett Construction Ccsnpany, Xncox~ora%ed 61,202o$0 ~tro Thomas ~oved that the bids be referred to a committee to be appointed by the Hayor for tabulation, report and recommendation to Council. The motion was seconded by Hr. Trout and unanimously adopted. ~ayor Webber appointed Hessrso Byron E. Haner, Chalx-man, James O. Trout, 5mn H. HcGhee, III, H. L. Harris and C. L0 Gutshall as m~mbers of the colmnlttee · PJWKS J~D PLAYGROUNDS: Pursuant to notice of advertisement for bids for the const~'uction of a wildflo~er garden on H~I1 Houn~aln, said proposals to be received by the City Clerk until 2 p.mo, Honday, J~nuar~ 7, 1974, and to be opened before Council at that hour, H~¥or Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the Deputy City Clerk to proceed with the opening of the blds~ whereupon, the Deputy City Clerk opened and read the one bid received from John A. Hall & Company, Incorporated, in the amount of $59,511.5~ Hr. Thomas moved that the bid be referred to a com~L~ttee for study, re~ort and reco~--e~dation to Council. The motion was seconded by Hr. Trout and unanimously adopted. Mayor Webber appointed Mr. Sam H. McGhee, III, Chairman, Dr. Mary Jane Dounalley, Mr. M. Carl Andrews and Hrs. Richard P. Pence as members of the c~ttee. PETITIONS A~D COM~UN~CATIONS: P~GIONAL JAIL= A comunicatlon from Hr. Jack B. Coultert Attorney, representing WSLS-TVm advising that some ti=ne ago the city found it necessary to acquire the parking lot of WSLS on the north side of Church Avenue, that during several publiu discussions of this problem, W~LS was assured that the city would do everything it possibly could to provide equivalent parking space for this public enterprise -- equivalent both ~n size and nearness to the station's headquarters, and suggesting the conversion of the six or so parking spaces along the southerly side of Church Avenue that abuts the side of the ~SLS bui~dlng into reserved spaces for their mobile units and news cars which could be accomplished by removing the parking meters and posting appropriate signs~ end c~m~tting a certain number of spaces in the present municipal parking lot and unused portions of the properties being acquired to WSLS for their use, ~olntlng out that if these two proposals are accepted, it would satisfy -- at least to some extent -- the city's promises to help WSLS out of a very serious problem not Of their own making, was before Council. }tr. List moved that the ~atter of convezting the six or so parking spaces along the southerly side of Church Avenue t. hat abuts ~he aide of the I~SLS building into reserved spaces for mobile units and nays cars for WSLS-TV be referred to the City llanagsr for etudyw report end reco~nendation to Council. The motion was seconded by lit. Garland and unanimously adopted, ~tro Llsk further moved that the matter of co~mltting a certain number of spaces in the present municipal parking lot and unused portions of the properties being acquired to WSLS for their use be referred to the P~al Estate Committee for study, report end recon~endation to Council. The motion vas seconded by Mr. Garland and unanimously adopted. REPORTS OF OFFICERS: BUDGET-MUNICIPAL BUILDING: The City Manager sub~itted a written report reca~ending that $8,208.34 be transferred from the budget contingency fund to the ltuniclpal Building Rental Account of the 1973-74 budget, in order for the city to continue using the former Grand Piano Furniture Company Building until ~arch 15, 1974w and, also, to continue leasing the Fourth Street Parking Lot from the Law-Gay Corporation until the end of this fiscal year subject to earlier termination should the city obtain other properties vitbin this vicinity which could be utilized for parking of city vehicles. Mr. Trout moved that Council concur in the recommendations of the City Manager and offered the following emergency Ordinance appropriating the recc, mnended funds: (~21290) AN ORDINA/~CE to amend and reordain Section t98, 'Contingencies, and section ~63, 'Hunicipal Building,' of the 1973-74 Appropriation Ordinance, and providing for un emergency. (For full text of Ordinance, see Ordinance Book 139, Page ?3.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor end adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor~ Thomas, Trout and Mayor Webber ............................. 6. NAYS: None ..................... 0. (Hr. Hubard absent) BUDGET-ClT~ ENGINEER: The City Manager sul~nitted a written report recomm~ icg that $1,286.71 be appropriated to the Capital Fund account of the 1973-74 budget, in order to provide additional funds to reimburse Con~onwealth Appraisal Company for appraisal services on four parcels of land on Church Avenue, said land being needed for the proposed parking garage. Hr.. Thomas moved that Council concur in the reconnnendatlon of the City Manager and offered the followLng emergency Ordinance appropriating the recommended funds = (~21291) AN ORDI~kNCE to amend and reordain Section ~89, 'Transfers to Capital Improvements Fund~' of the 1973-74 Appropriation Ordinance, and provid- ing for an emergency. {For full text of Ordinance, see Ordinance Book ~39, Page ad- '' .. ' H~. Thomas moved the adoption of the Ordina~ce. The ~otlon was seconded by Mr. Llsk ~d a~pte~ by ~e foll~g vote~ AY~z ~ssrs. Garl~d~ L~sk~ Taylor~ ~s~ ~out ~d ~r Weber ................................ 6. ~YS~ None ....................... 0. (~. H~rd absent) fl~-A~Z~-~S~-PAY P~Y~ ~e C~ty ~na~er s~tted a ~tt~ re~rt ~n co~ection w~ ~ org~lzational ch~ge for ~e ~oke Civic Center~ rec~nd~g ~at Co~o~l, by budget Ord~n~ce, el~nate the ~s~tion of ~s[s~t to D~rector for ~rat~s ~d ~e ~s~t[on oE ~s~s~t to Director for ~n[s~at~on ~d establish a ~s~tion of ~nager of ~rat~ons ~d ~ts at a sala~ grade 30 level. ~. T~ut ~ved ~at Co~c~l conc~ ~ ~e recordation of the City ~ager ~d offered ~e roll,lng ~rgen~ Ord~n~ce appropr~at~g ~e necess~ [~ds for ~e ~sition of ~ager of ~erat~ons and ~ents= (S2~292) ~ O~I~CE to ~d ~d reorda~n Section %440, 'Civic Center ~d - ~nistrative ~nses,' o[ ~e 19~3-74 Civic Center F~d Appro- priation Ord~n~ce~ ~d providing for an ~ergency. (For full text of Ord~nance~ see Ordinate B~k %39, Page ~5.) ~. ~out ~ved ~e adoption of the Ordinate. ~e ~tion was seconded by Dr. Taylor ~d adopted by ~e following ~te= AYe= Messrs. Garl~d, Lisk~ Taylor, Th~s, ~out ~d ~yor Weber ................................6. ~YS: None ................. 0. (~. H~ard absent) ~. Jo~ A, Kelley, ~a[~ of ~e Ro~oke Civic Center ~d S~di~ Adv~so~ C~ss[on~ appeared ~fore Co~c~l ~d advised ~at ~e C~ty ~ager d~scussed ~e proposed org~za~onal ch~ge wi~ h~, ~at it is h~s opinion ~at the pro~se~ ch~ge ~s ~ a~nis~ative ~tter ~d ~at he personally hopes Co~cil w~11 approve ~e reco~on of ~e City ~nager. S~ ~ S~ D~NS= ~e City ~ager s-Bm{tted a wr~tt~ report ~tt~g ~ except [rom ~e proceedings of ~e State Water Control Board at its ~et[ng on Dec~er 10 ~d 11, 19~3, advising ~at ~nute ~ of ~[s except approved ~e federal/state increase in gr~t f~ds of $~,136,380.00 and $951,150.00, respec~vely, for Con~act E while ~elet~g gr~t consideration of ~n~act F at ~[s t~e. ~. ~s ~ved ~at ~e re~rt be received ~d filed. The motion was secended ~y ~. T~ut ~d ~usly adopted. ~ORT: ~e C~ty ~ager s~tted a ~[tten re~rt conc~r~ng ~ ~e rec~da~on of a c~ttee ~at ~e bid of Sou~easte~ Safety ~pli~=es for f~ishing ~e city wi~ a new crash-rescue vehicle to be used at ~oke M~c~al (W~) ~rt, ~n ~e to~ ~t of $45,~6.00 be accepted condit~onea u~n approval by ~e Federal Aviation A~n[stration~ ~at ~ a~dit~onal appropriation of $10,666.00 be approved by Co~cil~ ~d ~at the City Hanager be authorized ~o apply to the Federal Aviation A~m/nlstratlon for a grant-In-aid of 82 per cent of the total cost of $50w000.00 Including administration. Hr. Trout moved that Councl! concur In the recommendation of the City Hanager and offered the following Resolution authorizing the City Manager to cause a Pro,oct Application to be prepared and thereafter execute and st~l~t same to the Federal Aviation A~m/nis~ration for approval of the purchase of a crash-rescue (%21293) A I~ESOLUTION authorizing the City Hanager to cause a Project Application to be prepared andw thereafter, execute and submit the same to the Federal Aviation A~a~nistratlon for approvalw consisting of a certain purchase of a crash-rescue vehicle proposed to be used at ~oanoke Municipal Airport~ (Woo~rum A~rport), and expressing this Council's willingness to provide fends to pay a certain portion of the cost of such purchase during the current calendar year. (For full text of Resolution, see Resolution Book %39, Page 75.) Mr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Lisk and adopted by the following Vote= AYES: Messrs. Garlandw Lisk, Taylor~ Thomas, Trout and Mayor Webber ................................. 6. NAYS= None ..................0. (Hr. Hubard absent} POLICE DEPARTHENT-BUDGET: The City }tanager submitted a ~itten report concurring in the reco~nendation of a committee that the bid of Haight Engineering Co~pany, Incorporated, for fur~ishing five C~s~unan Police Special Vehicles~ in the amount of $12~215.00, be accepted, and further reco~end~g that an additional $245.50 be appropriated by Council to provide sufficient funds for the purchase of the equipment. Hr. Thomas moved that Coencil concur in the recomendatlon of the City Manager a~d offered the followlng emergency Ordinance appropriating the requested funds= (%21294) AN OPd)INANCE to amend and reordain Section %45, 'Police,m of the 1973-74 Appropriation Ordnance, and providing for an emergency. (For full text of Ordinance, see Ordtnanc~ Book %39, Page 76.) Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted by the followlng vote= AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ 6. NAYS= None .................0. (Hr. Hubard absent) Dr. Taylor then offered the following emergency Ordinance accepting the proposal of Height Engineering Co=~any, ~ncorporated: (%21295) AN ORDINANCE providing for fur~ishing the City five C~sh~a~ Police Special Model 404?4-898404 Police Vehicles, by accepting a certain proposal made therefor~ and providing for an ~mergency. (For full text Of Ordinance, see Ordinance Book %39, Page ..4O5 Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Pc. Garland and adopted by the following vote~ AYES~ Messrs. Garland, Liak, Taylor, Thomas, Trout and Hayor Webber ................................ 6. NAYS~ Hone .................0. (Pc. Hubard absent) CO~CIL~ The City Hanager aub~ttted a ~rltten report requestln9 that Council meet with him in Executive Session to discuss a real estate matter. Pc. Trout moved that Council concur in the request of the City Hanager for the executive session. The motion was seconded by Pc. Thomas and adopted by the following votes AYES: Messrs. Garland, Llsk~ Taylor~ Thomas~ Trout and Hayor Webber ................................. 6 o NAYS: Hone ..................0. (Pc. Hubard absent) DEPOSITORIES: The City Attorney submitted a written report advising ~hat Ordinance No. 21268 adopted on December 26, 1973, bringing one of the City Code provisions into harmony with state law effective as of danuary 1, 1974, as it relates to new statcwlde provisions for the requirement of collateral security to be deposited with the State Treasurer or, with approval of the Treasury Board, with the Federal Reserve Bank of Richmond, through a clerical error~ erroneously referred to the City Code section intended to be amended, that correct reference to the code section should have been to Section 5 of Chapter 3, Title V, of The Code of the City of Roanoke, 1956, as amended, accordingly, and feeling that Council will wish to correct the clerical error contained in the Ordinance, he is transmitting an amendatory Ordinance which would correct the aforesaid clerical error for the recommended adoption of Council. Pc. Thomas offered the following emergency Ordinance emending Ordinance No. 21268: {%21296) AN ORDINANC]"- a~ending and reordalning Ordinance No. 21268 relating to security required Of public deposltorles; and providing for an e~lerg ency. {For full text of Ordinance, see Ordinance Book S39, Page Mr. Thomas moved the adoption of the Ordlna~ce. The motion was seconded by PC. Lisk and adopted by the followlng vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 6. NAYS: None ................0. (PC. Hubard absent) CHARTER= The City Attorney s-~mi~ted a written report advisillg that he hae trs/lsm/tted to Senator Wlllla~ B. Hopkins and to Delegates l~ay L. Garl~/ld and A. Victor Thomas a draft of a bill to be prefiled by them alld introduced in the 1974 Session of the General Assembly of Virginia, said bill inco~porating each and aXX of ~he Cha~ter amendments approved by Councll~ after public hear~gs ~d set out ~n ~solut~on Nos. 21264 ~d 21282. ~. Garl~d ~ved ~t ~e re~rt be received ~d filed. ~e ~as second~ B~ ~. Llsk ~d ~usly a~opted. ~0~ O~ CI~ ~GI~ CO~C~I hav~ng re~ested ~at ~e City At~ey ~e C~ty ~ager r~der ~ open,on as to whe~er or not proced~es roll.ed by ~e b~d c~ttee relative to ~e pref~r~cated steel fr~ng syst~ and accessories for ~e p~llc ~rks se~lce center ~et ~e r~u~r~nts of law insofar as accept~ce of b~ds are concerned, ~e City Atto~ey and ~e ~s~st~t C~ty ~ager s~tt~ ~e foll~g joint re~rt advising ~at ~t Is their opinion ~at ~e proced~es foll~e~ by ~e c~ty ~n ~nvit[ng b~ds ~d pro~sals for fu~shing ~e neede~ facilities ~d ~ose by ~e b~d co--tree ~n ~alyz~ng, studying ~d evaluating ~e bids are in accord~ce w~th ~e s~c[f~ca- t~ons for ~is project offered to all bidders, ~at ~n ~e opinion of the b~d c~ittee ~e design syst~ pro~se~ ~d s~ of ~e c~nent parts o[fered by Hodges L~er C~y d~d not ~et ~e specifications u~n which all bids were ~nv~te~, ac~rdingly~ ~e c~ttee ~e its rec~endation to Co~c~l ~at ~e pro. sa1 of ~e higher b~dder whose building syst~ appeared to all specifications ~ accepted~ 'J~ua~ 7. 1974 Honor~le ~yor ~d City Cocci1 ~oke, V[rginia ~ntl~: City Co~c~l~ In action t~en at ~ts meeting on We~asday, Dec--er 26, 1973, referred to ~e ~der- s~gned ~e b~d c~i2tee~s re~rt ~d rec~endat[ons concerning b~ds received for ~e cons~ct[on of ~e prefabricated steel fr~ng syst~ ~d accessories for ~e P~lic Works Se~ce C~ter. The ~ders~e~ met w~ ~e b~d study c~ttee on ~c~er 27. 1973. It ~s ~e option of ~e ~ders[~ed ~at ~e pro- ced~es roll.ed by ~e City in ~nv~t~ng b~ds ~d pro~- sals for f~[sh~g ~e needed facilities ~d, later, ~ose by ~e b~d ~{ttee ~n ~alyz[ng~ studying ~d evaluating ~e b~ds ~ pro~sals received in res~nse to ~e advert~se~ ~nv~t~on were ~n accord~ce w[~ ~e specifications for ~is project offered to all b~dders. P~t[n~t parts of ~e specifications u~n which all pro~sals were ~nv~ted are sh~ on at~ch- m~t 'A~~ hereto. In ~e op~n~ of ~e bid co--tree, ~e desi~ syst~ p~sed ~ s~ of ~e c~n~t parts offer- ed by ~e appar~t 1~ b~dder d~d not ~et ~e s~c~- f[cat~ons u~n which all b~ds were ~v~ted. According- ly, ~e bid ~ttee ~e ~ts rec~endat[on to ~e ~c[1 ~at ~e pro. sa1 o[ a higher b~dder, whose build~g syst~ appeare~ to ~et all s~c[f~cat[ons, be accepted. ~y award by ~e Co~c~l of a con~act at ~[s t~e ~uld. ~der s~paragraph 6 of ~e Suppl~t~ ~nera[ ~ndit[ons, be 2~tat~ve, ~n ~at ~e successful b~dder ~uld have to s~t detailed cons~ct[on ~aw~ngs and ~fo~t~on to ~e architect for ~al approval by the C~ty ~d ~e architect. Foiling such approval, a con- ~act could ~ executed. 407- 408 Should the Council decide to follow the rec~enda- tion of the bid coemittee, an ordinance is transmitted herevlth by Yhich the contract would be tentatively awarde~ to Frye Bulld~ng Company, whose proposal, so far in the opinion of the bid committee, meets all of the CltyJe requirements and specifications. Respectfully sub~tted, S/ J. N. Klncanon J, N.' Kincanon S/ Sam H. McGhee, III, Sam H. McGheew IIIm In a discussion of the matter, Mr. Llsk expressed the opinion that the explanation of the hid committee is hazy as to whether or not the Other bidder~ did or did not meet the specifications and that he is concerned because if Council goes along with the total report Of the com~ttee, It is, in essencew accepting a restrictive bid. Hr. Randolph Hodges~ representing Hodges Lumber Company, appeared before Councll and advised that Hodges Lumber Company was the low bidder on the pro~ect and that if the contract is awarded to Ho~dges Lumber Company, they propose to give the city a complete project that will provide everything the city is asking for. The City Attorney pointed out that the project was bid in an unusual way, that there was no rigid set of specifications and that it was made clear that the price was not as critical as the overal! scheme that best suited the pttrpose Of the city. Hr. Tho~as expressed the opinion that ~ess the low bid is rejected as not meeting specifications, it should be considered, that it appears to h~m that what we are doing is negotiating a contract and that he is prepared to vote for the low bidder. A~ter a lengthy discussion as to procedures followed, Dr. Taylor moved that the matter be referred back to the bid committee for further study, report a~d reco~endatlon to Council. The motion was seconded by Mr. Garland and adopted by the followlng vote= AYES: Messrs. Garland, Lisk, Taylor, Thomas~ Trout and Mayor Webber .............................. 6. NAYS: None .....h ......... 0. ~Hr. ~ubard absent) Mr. Trout then ~loved that the joint re~ort of the City Attorney and the Assistant City Manager be received a~d filed. The motion was seconded by Hr. Lisk and unan{mously adopted. FIRE DEPARTMENT= Council having referred to a committee for tabula- tion, report and recommendation the bids which were received for central office fire alarm telegraph equipment~ the committee s~tted a written report recommending that the bid of B & B Electromatic Corporation for the purchase of the central office equi~e~t, in the amount of $12,205.00w be accepted~ and that the bid of Harrington Signal Company for the purchase of four six-circuit recorders, in the a~ount Of $5,200.00, be accepted. ~r. Trout moved that Council concur in the reco~mendations of the coat'tree and Offered the following emergenc~ Ordinance acceph~g the pro~sals oE B i B Electric Co~ration ~d Ha~lngton Sisal (t21297) ~ O~I~ p~viding for ~e p~chase ~d acquisition o~ cen~al office fire ala~ e~l~nt ~d fo~ (4) slx-c~rcult reco~de~s~ u~n certain te~ ~d cond~onsl ~d provld~g for ~ ~r~ency. (For full text o[ Ordin~ce, see Ordln~ce ~k 139, Paqe 78.) ~. ~out ~ved ~e adoption o[ ~e Ordtn~ce. ~e ~tlon ~as second~ by ~. Llsk ~d adopted by ~e roll,tag AYe: Messrs. Garl~d, ~sk~ Taylor~ Th~s~ Trout ~d ~yor Weber ................................6. ~YS= None ................. 0. (~. H~ard absent) In ~is CO~ect[on~ ~e City ~ager s~tted a ~tten report advising ~at he conchs In ~e fecundation of ~e c~{ttee. ~. ~ut ~ved that ~e re~rt be received ~d f~led. The motion was se~nded by Dr. Taylor ~d ~usly adopted. B~-~ICIP~ BUI~ING~ Co~cll hav~ng referred to a co~ittee for t~ulat~on, re~rt ~d fecundation ~e bids received for custom fu~ishings ~d mov~le f~t~e for ~e co~tro~ of ~e Third Street Build~ng~ the co~tte~ s~tted ~e follow~g re~rt rec~ending ~at ~e b~d of Hodges Co~y, ~n ~e ~t of $32,938.00, for co~troom ~stom fu~ishings, accept~ ~at ~e b~d of Cal~ll-S[tes C~y, ~n ~e ~t for ~e ~v~le f~t~e, be accepted~ ~d ~at ~ additional $8~000.00 appropriated by 'J~ua~ ~, 19~4 Honor~le ~yor ~d City Cocci1 Ro~oke, V[rgln[a ~ntl~n: Foll~ing proper advert[s~t, b~ds were received and p~l~cly opened ~d read before City Co~cll on ~mnday, ~c~r 10, 19~3, for ~st~ ~sh~ngs ~d ~v~le Fur- n~t~e for ~e Co~tro~ of ~e Third Street Building. b~ds for ~st~ f~sh~gs were received, with ~e of $32,938.0~ s~tted by H~ges L~er Co~y, ~anoke, V~rg~nta. No bids were received for ~v~le fu~t~e. The bid c~{ttee ex~ne~ b~ds received ~d read on ~c~er 10, one s~gle bid on ~v~le f~t~e earlier received (Nov~er 2, 1973), and co~ared ~ese pro~sals wi~ ~o~1 appropr~a~on ava[l~le ($32,000.00}, ~d e~en- dirges ~de to date fr~ ~e appropr~ation. This ex~- nation results in ~e foll~g t~ulat~on of ~nies avail- able or red,red: Appropriation - ~par~ent 19 $~2,000 Approved bid for c~et $2,6~9.50 E~[~er bid on ~v~le fu~it~e 4,377.88 ~t 1~ bid on cust~ it~ 32,938.00 ~tal bids - $39,99~. 38 (~1 dollar d~fference in appropriation ~d bids received - ro~ded) ($8,000) ;409 The comal, ttee verl£1ed t~t tho elmgle bid received fOr movable fCralturej on ~ove~b~-2,' 1973~ ficm Cald~ell-Sitee y , In.t~ a.'~o~at o~ ~4,377,8a r~ Valid ~d ~t e s~clfled f~i~e .~d.~ provided by Cal~ell-Sltes at ~a ~oted fl~e. ~llv~. ~tes ~d ~8ts of. all for ~e ~ have ~ die,seed vl~ ~. ~. A. Kelly~ act~ on behalt o~ ~pe It ia ~e c~lttee~s ~ec~ndation 1. Clt~ ~cll award a c~acb to H~pes ~r ~y ~ ~e ~t of ~32~93~.00, for co,tm cust~ fmish~Os as defiled In bid 2. That Clt~ ~cll award a c~act to Caldwell- Sites C~y for pug~ase of ~v~le fu~itu~e In ~e ~b oi $4~3~.~8 as s~cified in cal~ell- ~ltes~ bid of Hov~er 2, 1973. 1. ~at city Co~cil ~e additional app~opriatton of ~000.00 for ~gmt 1O, to lncgease c~ently au~orized f~ds by ~ ~b sufficient to defray ~sts OE l~est bids received for ~e co~tr~m f~lsh~gs. ~s~ctfully -S/ Wllli~ A. Hewitt S/ Byron E. Willi~ A. Hewitt, Chai~ Byron E. H~er S/ M. David ~. David H~r' ~. Trout ~ved ~at Cocci1 conc~ in ~e re~rt of the co~ittee ~d offer~ ~e following ~rgen~ Or,in,ce approprlating ~e re~estefl f~ds: (%21298) ~ O~ to ~end ~d reordain Section [~9, 'Juvenile ~d ~estic ~latlons Co~t,' of ~e 1973-74 Appropriation Ordinance, an~ providing for ~ ~rgen~. {For full t~t oE O=dln~ce, see Ordinance ~ok %39, Page 79.) ~. Trout ~ved ~e afloption of the Ordinance. The motion was seconded by ~. Th~s ~d adopted by ~e follow~g vote: AYe: Messrs. G~l~d, ~sk, Taylor, ~s~ Trout ~d ~yor Weber ...............................6. ~YS: N~e ................ 0. (~. H~d ~sent) ~. T~ut ~ offered ~e following ~rg~ Or,in,ce accepting ~e proposals of H~ges L~e~ C~y ~ Cal~ell-Sites Co~y: (%21299} ~ O~I~ provid~g for ~e p~chase ~d ac~isitlon of ~st~ f~nishings ~ ~v~le fu~it~e for use in ~e Cu~ of ~e Third S~eet Building, u~n cer~ te~ an~ ~ndi~onsl ~d providing for ~ ~ergency. (For full text of Ord~ce, see Ordin~ce ~k %39, Page 80.) ~. Trout ~ve~ ~e afloption of ~e Ordln~ce. ~e motion was seconded by ~. Lisk ~d adopted by ~e foll~ing vole= AYe= Messrs. G~l~d, Lisk, Taylor, Th~s, Trout ~d ~yor Weber ...............................6. ~YS ~ None ................0. (~. H~ard absentJ ~INIS~ BUSIES= NO~. CONSIDE~TION OF C~ = N0~. INTRODUCTIO~ RHD CONSIDERATION 'OF ORDINAnCeS AND ILESOLUTIO~SI ZONING; o~linance No, 21278, rezoning property located In the 2000 block of Wallace Avenue, N, Eo~ described ns Lots I and 2, Block 13~ Hap of ~ackeon Park, Official Tax No° 3330314, from I~, Duplex Residential District, to RG-1, General Residential District, having previously been before Council for its first reading~ read and laid over, was agaL~ before the bo~y, Mr. Trout offerLng the following for its second reading and final adoption~ ([21278) AN O~DINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, and Sheet No. 333, Sectional 1966 Zone Hap, City Of l~anoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book %39, Page 67.) Hr. Trout 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 and Mayor Webber .................................. 6. NAYS: None ...................0. (Mr. Hubard absent) STREETS AND ALLEYS: Ordinance No. 21279 vacating, d. iscontinuing and closing those certain unopened portions of Twentieth Street, S. W., and Nineteenth Street, S. W., both extending in a southerly direction fro~ Chapman Avenue and an unopened twelve foot alley extending in a westerly direction from the aforesaid portion of Nineteenth Street, S. W., said streets being approximately 50 feet in width and said alley being approximately 12 feet in width, having prevlously been before Council for its first reading, read and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (%21279) O~DINANCE permanently vacating, discontinuing and closing those certain unopened portions of Twentieth Street, S. W., end Nineteenth Street, S. W., both extending in a southerly direction fro~l Chapman Avenue, S. W., end an unopened twelve foot alley extending in a westerly direction from the aforesaid portion of Nineteenth Street, S. W., said streets being approximately 50 feet in width end said alley being approximately 12 feet in width, all more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book S39, Page 68.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland a~d adopted by the following vote= AYES: Messrs. Garlend~ Lisk, Taylor, Thomas, Trout end Mayor Webber ................................ 6. NAYS: None .................0. (Hr. Hebard absent) STREETS AND ALLEYS: Ordinance No. 21280 vacating, discontinuing and closing that certain alley extending frc~ the southerly side of Hountain Avenue, S. E., to the northerly side of Highland Avenue, located between First 411 4i2 S~eet and Third Street, S, B. ~ and running parallel thereto~ having previous- ly been before C~uncil for'its first readlng~ read and laid over~ was again before the lx~y~ Hr. Trout offering the following for Its second reading and final adoptlon: (J21280} AN ORDINANCE permanently vacating, discontinuing and olosfng that certain alley extending from the southerly side of Mountain AYenue~ S. E., to the northerly side of Highland Avenue, S. E. ~ lo~ated between First Street and Third Street~ S. B., and running parallel thereto. {For full text of Ordinance, see Ordinance Book *39, Page ?0.} Mr. Trout move~ the adoptlon of the Ordinance. The motion as second~ by Mr. Lisk and adopted by the following votes AYES: Messrs. Garland, Ltsk, Taylor~ ThOmas, Trout and Mayor Webber ................................. 6. NAYS~ None ..................0. (Mr. Hubard absent} STI{EETS AND ALLEYS~HOUSING-SLU~ CI~J~NCE: ordinance No. 21281 vacating, d£scontinuing and Closing certain alleys and portions of alleys within the boundary of or bordering the Gainsboro Neighborhood Development Program VA A-6~ in the northwest section of the city of Roanoke~ having previously been before Council for its first reading, read and laid over, was again before the body, Dr. Taylor offering the following for its second reading and final adoption: (%21281} AN ORDINANCE permanently vacating, discontinuing and closing certain alleys and portions of alieys within the boundary Of or bordering the Gainsboro Neighborhood Developm~ent Program VA A-6 in the northwest sectlon of the City of Roanoke, Virginia, as are hereinafter ~ore fully described. [For full text of Ordinance, see Ordinance Book %39, Page 71.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Lfsk, Taylor, Thomas, Trout and Mayor Webber .................................. 6 · NAYS: None ...................0. (Mr. Hubard absent} BUDGET-COUNCIL: Mr. Trout offered the following emergency Ordinance appropriating $3,000.00 to Travel Expense under Section %1, 'council,' of the 1973-74 budget: (%21300) AN ORDINANCE to amend and reordain Section %1, 'Council,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book %39, Page 81.) 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, Tho=nas, Trout and Mayor Webber ................ 2 ................ 6. NAYS: None ..................0. (Mr. H~bard absent) BUDGET-HO~SING-SLU~ CLEARANCE= ~ouncil having directed ~e City Atto~ey ~ prepare ~e proof ~as~e au~orizing ~e ~lo~t of ceftin pro- fessional ~nsult~t se~lces to ~der~e a housing s~dy for ~e City of ~oke ~n ~ect~on w~ ~e c~tyts ~eral~ Pr~r~ ~s~ 1973-1974 to 1976-1977~ ~ted J~e~ 1973, u~n ce~n te~ ~d conditions, he presented s~e~ whereu~, ~. T~u2 o~fered ~e Eoll~[ng ~rgen~ Ord[n~ce~ (J21301) ~ O~I~ au~or~z~ng ~e ~lo~ent of certain professiona~ consul~nt seduces to ~dertake a housing study for ~e C~ty of ~oke ~n co~ec- t~on w~th ~e CltYos ~erall Pr~r~ ~sign~ 1973-74 to 1976-77, dated J~e 1973, u~n ceftin te~ ~d ~ndit~onsj ~d providing for ~ ~ergency. (For full text of Ord~nance~ see Ord[n~ce ~k J39, Page 82.) ~. ~out ~ved ~e adoption of ~e Ord~n~ce. The ~t~on was second~ by ~. L[sk ~d adopted by ~e roll.lng vote= A~= Messrs. G~l~d~ Lisk, Taylor, Th~s~ ~out and ~yor Webber ............................... 6. ~YS= None ................ 0. (~. H~ard ~sent) ~. Lisk ~en offered ~e foll~ng ~ergen~ Ordinate appropriating $26,900.00 to Housing Study ~der Section J83, UPla~ing Co~iss[on,u o~ the 1973-74 budget= (J21302) ~ O~I~ to ~end ~d reordain Section J83, uPl~ng C~ssion,' of ~e 1973-74 ~propr~at[on Ordinate, and providing for ~ (For full text of Ord[n~ce, see Ord[n~ce ~ok J39, Page 83.) ~. L[sk ~ved ~e adoption of ~e Ord~n~ce. ~e ~t~on was seconded by ~. Trout ~d adopted by ~e foll~g ~te: AYe: Messrs. G~l~d, Lisk, Taylor, ~s, Trout ~d ~or Webber .............................. 6. ~YS~ None ............... 0. (~. H~ar~ abs~t) STATE HIG~AYS: Cocci1 having d~rected ~e C~ty Atto~ey to pre.re ~e proper ~as~e ~d[cat~g general approval of certain plus for ~e loca~on ~d des~ of ~e ~ntersect~on of State Route 118 and WillY--on ~ad ~ ~e City of ~oke, as developed ~d ~resented by the Virg~[a Depar~ent of H~ghways for Route i~8, Project 0118-128-101, C-501, at a c~in p~l[c hearing to be held ~ereon, he presented s~e; whereu~n, ~. ~out offered ~e foll~g Resolution: (~21303) A ~OL~ION ~nd[cat~g genera~ app~val of ceftin plus for ~e location ~d desi~ of ~e intersection of S~te ~ute ~18 ~d WillY--on Road ~n ~e City of ~oke, as developed and presented by ~e Virginia ~par~t of H~ghways for ~ute 118, Project 0118-128-101, C-501, at a certain p~c hearing to be held ~ereon. (For full text of Resolution, see Resolution ~ok J39, Page 413' 4 zl lire Trout ~oved the adoption of the Resolution. The motion was seconded by ~. Lick ~d adopted b~ ~e foll~ng vote~ AY~z ~ss~s, G~l~d~ ~sk~ Taylor~ ~s~ ~out ~d ~yo~ Weber ..................................6, ~YS= N~e ................... O. {~. H~a~d absent) ~IONS ~ ~S~S BUSI~S~ ~ D~ ~yor W~er called to ~e attention of ~c~1 ~at ~e te~ of ~s. ~garet S. ~t~er, Dr. ~bert F. ~ndur~t ~d ~. Fr~ B. M~dy as ~m~rs oE ~e Housing ~d Hygiene ~ard w~ll e~ire on J~u~ 3~ 19~4, and called for n~nat~ons to f~ll ~e vac~cies. ~. T~ut placed ~n n~nat~on ~e n~s of ~s. ~rgaret S. ~[tt~er~ Dr. ~rt F. ~nd~t ~d ~. Fr~ B. M~dy. ~ere being no f~er n~nat~ons, ~s. ~rgaret S. ~itt~er, Dr. ~rt F. ~nd~t and ~. Fr~ B. M~dy were reelected as m~ers of ~e Housing ~d Hygiene Board for te~ of t~ years each begi~[ng Febr~ 1, 1974, by ~e followlng vote= FOR ~. ~I~R, DR. BONDU~ ~ ~. ~DY= Hessrs. Garl~d, ~sk, Taylor, Tho~s~ ~out ~d ~yor Webber ................. ~ere being no E~er bus~ness~ ~yor Weber declared the meeting APPROVED A~T: Deputy City Clerk ~yor 415 CODICIL; I:~GUL~R Honchly, Jafluazy 14, 1974. The Council of the City of Roanoke me2 in regular meeting in the Council Chamber in the Municipal Building, Honday, Janua~/, 14, 1974, at 2 the reqular meeting hour, vith Hayor Webber presiding. PI~SENTs Councllm~n Robert A. Garland, William S. Hubard, David I. I.Isk, Noel C. Taylor, Hampton W. Thomas, James Oo Trout and Mayor Roy ~.. Webber .................................... ?. ABSENT = None ................... 0o ' OFPICERS PRESENT: Mr. Byron E. Haner, City Manager; Mr. Sam H. McGhee, III, Assistant City Hanageri Mr. James N. Klncanon, City Attorney; Mr. H. Ben Jones, Jr., Assistant City Attorney; a~d Hr. A. N. Gibson, City Auditor. INVOCATION: The m~eting was opened with a prayer by the Reverend Jack E. Challaers, Pastor, South Roanoke Baptist Church. HINUTES: Copies of the minutes of the regular meeting held on January 2, 1974, and the regular m~eting held on January ?, 1974, having been furnished each member of Council, on motion of Hr. Lisk, seconded by Mr. Trout and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HY~%P~NG OF CITIZENS U~ON PUBLIC HATTERS= WATER DEPARTMENT= Pursuant to notice of advertis~ment for bids for the painting of the interior and exterior of a 2,000,000 gallon steel storage standpipe know~ as the Carroll Avenue Tankw said proposals to be received by the City Clerk tlntil 2 p.m., Monday, January 14, 1974, and to be opened at that hour before Council, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative present rais- ing any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the followlng bids= Virginia Ta~k & Steel Service company, Incorporated _ $ 22,548.13 Electrical & Industrial Maintenance Corporation _ 23,985.00 Stetsoo Service 24,504.00 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 motion was seconded by Mr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Kit B. Kiser, Chairman, Sam H. McGhee, III, and B. B. Thompson as members of the committee. BUDGET-PARKS AHD pLAyGROUNDSz Council having referred to 1974-75 budget study the request of the Southeast Neighborhood Alliance advising of the critical need for an adequate municipal svi~mtug pool in southeast Roanoke, ~ointing out that with the projected construction of a new elementaz~ school in Fallon Pa~k it is an appropriate time to renew the request for a swinming pool in the southeast area,'Jt~e. Diane Shepperd representing the Southeast Heighborhood Alliance again appea=ed before Council and read a prepared statement advising that the people of southeast feel that it Would be most economical to build a pool which is attached to the school and is constructed at the same trine, that In addition to econo.f, they feel that such construc- tion will help towards establishing a con~nunity-school polic~ at the Fallon Park School, that since the November Council meeting vote, the following issues have come to the attention of the Southeast Neighborhoo~ Alliance~ viz. ~ (1) the bidding On alternate plans of the school will take place prior to spring budget study, (2) detailed working plans for the school will soon be prepared by the architect, (3) if the pool is to be attached to the school and constructed concurrently, plans of the school-pool combination should be among the alternates prepared for bidding and (4) if the city is to know what money might be saved, it must have the figures that such plans Would make available, therefore, the Southeast Neighborhood Alliance ts request- lng that Council reconsider the issues and take some positive steps now toward planning for the combined construction of a school and pool in Fallon Park. After a discussion of the matter, Mr. Lisk moved that Council meet with the Roanoke City School Board to discuss the feasibility of having an alternate bid included in the specifications for the new Fallon Park Elementary School which would provide for the construction of a swimming pool to be built in conjunction with the construction of the new school in Fallon Park. The motion was seconded by Mr. Hubard and unanimously adopted. SCHOOLS-BUSES: Dr. C. E. Swecker, Co-President of the City Central Council of PTA's appeared before council and read the following prepared statement in connection with problems within the school system which have suddenly become more acute with the u~seasonal onset of daylight saving time: 'Mayor Webber Gentlemen of City Council I speak to you today as a parent and as co-president of the Roanoke City Central Council of PTA~S. I represent 17,000 students in this city, some 35,000 parents and about 3,000 teachers and school workers. · hope you will listen carefully to what I have to say. We are all aware of the tremendous impact that the unseasonal declaration of Daylight Saving Time has made upon our nation and most of us are particularly aware of the impact it has made upon those where there are school children. We are also very much aware of the tragic acci- dent which occurred in the early morning darkness on one of our school crossings this ~eek while both a crossing guard and a city police~an were on duty at that particu- lar corner. Haybe you can sit comfortably in those chairs of distinc~ton and feel no ~ain for a little girl you have never aeon but I promise you each and individually that, if you ever spend the night working and praying over such a child who is the victim of a totally unnecessary traffic accident, or comforting the parent o£ one who has been killed, you won't be able to sit and wait instead of doing. Imla not here to appeal to your emotions, hmeever. We realize that government is a serious business. We also rea- lize that wa, the people, pay for the government and that we are entitled to be both heard and headed. We, the PTAms, have already initiated such te~porarF steps as a~e feasible. Wa have attempted to publicize such recc~endationz as the so-called 'Block-Action' where all outside lights along school routes should be left on. Parents, where possible, have baon asked to walk with their children. It has also been reco~nended that students carrF flashlights and war reflective tape somewhere on their clothing. Hany o£ us have mitten our Senators and Congressmen requesting that onseasonal Daylight Saving T~ne be discon- tinued or at least be put on local option until daylight a~rives prior to the hour ~hich school opens. This change du~ing Jenu~t~, February and Hatch has been estimated to save less than 3% nE energ~ use an~ay. No~ - to the cnL~ Of OUr problem: There are certain £acts acknowledged - 1. Our children are going to school in total dark- ness. 2. One child has alread~ been struck by an auto at a crossing where both an adult c~osstng guard and a pelice sergeant were on duty. 3. The problem could be almost totally solved by such a s~le maneuver as delaying the opening of school for 30-60 ~[nutes. But -- our Superintendent o£ Schools cannot do this because the bus co~eny which currently provides the major- ity of our ~ansportat£on can't or ~on't change its sche- dules. This con, any has been the source of more complaints than any other phase of school operation because of its urratlc performance in its scheduled school bus rune end someti~nes dangerous and illegal overloading of its coaches. This company is, I believe, currently being paid $14,000 a month from our tax dollars just to stay in busi- nasal In addition to that, this same bus company is rece£v- ~-~-$286,650 of School Board money each year for £ts servlca - a combined total of $454,650 ~nnuaily - and is refusing to do anything except tell us under what circumstances it will con- t~nua to accept this unbelievable ~ount of money. Gentlemen, you represent us and you're either spending or sitting on our money. We think [t's time for a change. You have had a Transportation COn~Littee supposedly ~orking on this problem £or several years. You've had highly paid consultants. So far, we have gotten only procrast~nation, excuses and unfilled promises out of all this ~ork and expense. [, personally, em unaware where most of you stand on this issue and would like very much to see a publicly- recorded vote by members of the Council. School administrators have unsuccassfully urged you for 36 months now to make the necessary appropriations to establish and maLntain a School Board-owned fleet of yellow buses. To date, we have had no action. These administrators have fernlshed you with figures and some of these bear repeating= 417 l, A city bus e&n bo pGcch&sed £or $45,000 o~nd 2. ~is year, ve ~e s~nd~g S444,259 for ~s~r~on (~ a~L~ ~ ~e ~168,000 s~sidy provided ~e bus c~y. by ~e Cl~y o~ ~oke). - ' A S~l ~do~ed ~d o~ated fleet of 37 buses~ ~e n~= r~zed ~der o~ p=es~t en~l~t, ~uld cost $314~500 - ~140~000 less ~ '~e ~t vhich is n~ giv~ to ~e ~oke City Bus ~e ~o o~=ate..~e preset syst~ ~ce ~d o~z~o~ us~9 a ~lty-~ed'garage fo= se~lce~ ~ould cost ~318~495 ~11y, a net 8avln9 of $389,277 by ~e end of ~ ~izd year of o~zation - ~e ~ enough to covez ~e pu~ase of ~e ye11~ bus fleet. ~e ~st ~=~t of all ia ~e fact ~at o~ int~d~t of S~Is ~uld 'aga~ have contel of ou~ sch~l syst~ instead of berg s~ect to ~e.vh~ of a ~ Washingt~ a highly s~sidized bus c~y~ ~ irritable bus ~lve~ or a procrast~at~g q~oup of city officials. ~ere ~e ~=e fl~es avail~le - ~y de~iled cost bre~d~s have ~en ~de - but n~he=e is ~ere a fi~e ~at c~ ~ used for ~e value of ~e life of a child. I have 91v~ a copy of ~ese b~tei r~rks to ~e ne~$ media to use as ~ey see fit in helpin9 us to p~o~ect our children ~d to ~e our city ~re effici~t. Each of you al~o has a copy so ~a~ you ~111 concerned ~d ~tre demeaned - ~d so ~e ~e stud~ts~ 40~000 ~ters in ~ City of ~oke ~hom we ~ep~esent. Please~ ~ntl~ get ~is ~tter ou~ of ~to yo~ ag~da ~d t~e a stud. ~en a "Eo" ~te is up ~e~e who ~ill q~t ~ese buses on ~e Eoad ~d~ ~e ~t~d~ by ~hatever legal me~s are necessa~ ~o accomp- ~. G~l~d~'~ai~ o~ ~e ~spo~tatlon Stud~ Co~ttee~ advised ~a~ he t~es exception to certain ~k~ ~de by Dr. S~ecke~ pointing out ~a~ ~e records of Co~cil ~ill sh~ ~a~ on ~ree different occasions he has vo~ed to p~chase ~e re~ested n~er of yell~ school buses; ~at if ~e ~s~r~on Co, tree has p=ocras~ated in ~y way he t~es only pa~ of ~e bl~e~ ~a~ he has ~ted all he kn~s to do ~o 9et ~e buses for ~e City of Ro~oker ~at he feels ~e Sch~l ~a~d c~ tr~s~rt ~e children be~te~ ~d cheaper but he has only one vote on Co~cil~ ~d ~at he has ~d ~e records ~ill sho~at he has' tried~ to persuade ~e m~e~s of ~cil to p~chase ~e ~equested n~e~ of yellow sch~l buses. ~. Lisk ~ted out ~a~ Cocci1 ha's been vaithg io~ advice f~ Wash~gton as ~o whe~er o= no~ ~e necessa~ ~t of gasoline c~ be a~i=ed for operation o~ ~e additional sch~l buses before Co~cil ~es a de~ision to p~chase ~e additional buses; ~a~ ~e sch~l a~nist~a- tlon knew ~is ~d ~e~ ~a~ a decision va~ qohg to be ~de by Cocci1 h a~ua~ ~a~ no~g ~uld look ~re ridi~lou~ ~ for Cocci1 to give ~e go ahead to p~ase ~e additional buses ~d ~en be ~le to ob~in the needed gasoline to operate ~hem and that It is not that Council has sat idle or that Council has not done anything, but that Council has a lot more to analyze them the average citizem gives them credit for. ' H~. Garland advised that un Friday, Janunr~ 11, 1974~ he attended a meeting with representatives of the school adm~nistration and ~r. J. Wistar Stowe relative to delaying school opening by one hour ahd adjusting the bus schedules mn connection therewith, and that at that t~me there was no question on the part of Mr. Stowe that the bus schedules would be adjusted in order to accommodate the hour delay mn school opening. . Upon q~estioning from Mayor Webber to Mr. R~chard Po Via, Director Of $chool Buildings and Grounds, as to whether or not Council needs to take any official action as to the delay in school hours, Mr. Via replied that the decision for a later school opening has resolved the problem, that as of Wednesday ~orning, January 16, 1974~ school will open one hour later will continue to do so u~til approximately March 15 or u~til the beginning of daylight during the early morning hours of school and that the bus schedules have bee_~ adjusted accordlnglyo Mayor Webber advised that he had placed a Resolution on the agenda relating to adjustment of the hours of school attendance and to the adjustment of schedules for bus transportation, however, in view of the fact that the matter has been resolved, it wall not be necessary for Council to act on the Resolution; whereupon, Mr. Trout moved that the Resolution be filed made a part of the offielal records of Council. The motion was seconded by Mr. Lisk and unem~mously adopted. Mr. Ronald Jordon, a teacher at Ruffner Junior High School, appeared before Council and advised that during the week of January 7 he rode the school bus fro~ hms neighborhood to Ruffner each ~rning, that an~here fro~ 75 to 90 students were riding on a bus that was designed to transport approximately 50 people and requested that Council buy the necessary number Of yellow school buses to tremsport these children safely. Mr. Lisk reaved that the matter of overcrowding of school buses he referred to the City Manager and the school adm~nistration for investiga- tlon. The n~tion was secondecl by Mr. Garland and unanimously adopted. Conununications from the Breckinridge Junior High School PTA, the Highland Park School PTA, the Monterey Elementary School PTA, the Preston Park PTA, and the L~neoln Terrace PTA requesting that Council purchase the requested n~er of yellow school buses, were before the bo~y. With reference to the delayed school openings, a petition signed by 155 citizens and parents of school age children requesting that the children be allowed to begin school at 9 a.m., during the morning darkness, was also before Council. 419' 420 H~o Trout moved that the cc~nunications and petition be received and filed. The motion was seconded by Mr. Llsk and unanimously adopted, PETITIONS AND CO~{UNICATIONS~ BUDGET-SCHOOLS~ A communication from the Roanoke City SchOOl Board requesting that $3,737,78 be appropriated to SchOOl Food Program - Equipment under Section S9600 of the 1973-74 budget of the Roanoke City School Board, advising that one hundred per cent of actual expenditures will be reimbursed by federal funds since the above amount was deposited with the City Treasurer on January 2, 1974, was before Council. Mr. Trout m~ved that Council concur in the request Of the Roanoke City School Board and offered the following emergency ordinance appropriating the requested fundsz (S21304) AN ORDINANCE to amend and reordain Section Jg000, 'Schools Food Services,= of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 84.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garlend, Hubard, Lisk, Taylor, Thomas, Trout and Nayor Webber ............................. ?. NAYS = None .................... 0. BUSES~ A conununication from Mr. Warren ~.. Morris, Administrator, Shenandoah Homes, requesting a m~nor change in the Williamson Road bus route in order that the elderly and handicapped residents of the facility may be better served, vis. '. that the revision start frem the existing intersection of Curtis Avenue and Hildebrand Avenue to proceed northwest On Hildebrand one block to Williamson Road, thence south to Curtis Avenue and so on to Crossroads Hall, was before Coencil. Mr. L~ek moved that the conununication be referred to the City Manager for ~nvestigation. The motion was seconded by Mr. Thomas and unani- mously adopted. POST OFFICE= Council having previously adopted Resolution No. 21238 restating the interest of the City of Roanoke in acquiring the present federal building in Roanoke when its use is no longer needed by the Postal Service and the government and requesting certain assistance and consideration ~n the matter, a c~n~nuntcation from Mr. Norman S. Salliday, Assistant Postmaster General, Goverruaent Relations Department, advising that the needs of the Postal Service for the present federal building after it is vacated have not yet been determined, that if it is found to be excess to their needs they will probably employ the disposal procedures presently Ln force with the General Services A~m~nistration and that the Resolutions adopted by Council have been referred to the Regional Post,aster General for the Eastern Region as evidence of the continued interest of the City of l~anoke in purchasing the old Roanoke Federal Building, was before the body. Dr. Taylor ~oved that the coz~mication be received and filed and referred to the Real Estate Co~aittee to pursue the possibility of acquiring this property at s~me future date. The motion vas seconded by Hr. Th~nas and unanimous ly adopted. ZONING: Council having set a public hearing for Honday, Januaz~ 28, 1974, on the request of Hr. 3ohn i/. Bosvell, et ux., to rezone property located at 813 Fifth Street, So W., described as Official Tax No. 1120819, frc~ RG-2, General Resid, ential District, to C-2~ General Conmercial District, a coanuunication from Hr. I/illiam H. Hartin, Attorney, representin9 Hr. Bosve11, requestinq permission to vithdrav the petition for gezoninG, vas before the body. Hr. Trout moved that Council concur in the request for poi-mission to vithd~av the petition for rezoninG. The motion vas seconded by itc. List and unanhnously adopted. ALCOHOL/C BEVERAGES: A petition signed by 62 citizens of the Roanoke Avenue area advising that they velcomo a Seven-Eleven Store in their neighborhood, however, they are opposed to the Seven-Eleven Stores being open on Sunday and selling alcoholic beverages, vas before Council. }tr. Trout moved that the petition be received and filed. The motion vas seconded by Hr. Hubard and unenimously adopted. STP. EET LIGHTS: Copy of a con~unication from the Appalachian Power Company transmitting a list o£ street lights installed and/or removed during the month of December, 1973, vas before Council. Hr. Thomas moved that the ccannunicatlon and list be ~eceived and filed. The motion vas seconded by Hr. T~out and unanhnously adopted. P~PORTS OF OFFICEP~: BUDGET-pUBLIC t/ELFARE: The City Hanager submitted the £ollo~inG report in connection vith auxillaz~ 9rants to supplemental security income under the Public Assistance budget: 'January 14, 1974 Honorable Hayor and City Council Roanoke, VirGinia ~entlemen: Du~inG the preparation of the Vublic Assistance budget for this fiscal year, City Council vas advised during budget study sessions that, effective 3anuary 1, 1974, the Social Security Administration ~ould take over supplemental security income prograu for Old AGe Assistance, Aid to the Permanent and Totally Disabled, and Aid to the Blind. These proqrams had previously been conducted by the City on a 100% reimbursable cost basis. The City was avure at the same time that the City ~ould have to provide auxiliaz~ Grants, als0 effective January 1, 1974, to those persons vhich ~ould be covered by the Social :'421 /422 Sscttrity J~nt~nX$~ratlon SupplemenLnl Secttrity Zn~ P~r~. ~e c~ty ~ld ~ r~S~a~le for 3~.5t o~ ~e ~s~s o~ a~lll~ gr~t ~r~ wi~ ~e State ~g res~ns~ble for ~e re~n~g 62,5t o~ ~e costs ~ a re~sable basis. ~e City applied ~ ~e S~ for ~ese f~ds buk ~e~ were not approved by ~e S~te. ~e City s~se~tly ~nded its budget ~ ~y, 30~ ~973, ~ orde~ ~ delete ~ls pr~r~ ~til such t~ as S~b f~ds were avall~le. ~e ci~y has ~3~t be~ advised by ~e State ~at are n~ avall~le ~d ~e City ha8 be~ r~est~ a su~l~l allo~nt re.est. ~ls allo~nk request n~ ~g processed. It Is zec~ded ~at ~nie~ ~ apvropriated/~sferred to acco~s as roll.s In order ~o Vrovide this Aged A~llia~ Grits ~50~000.00 DIs~led A~ilia~ G~ts 50~000.00 These ~ies ~ill be re~u:s~le by ~e State in the ~e foll~i~g f~ds are available for tr~sfet ~o the ~ve ~:o~sed accosts: Old Age ~sist~ce $24~516.00 Aid to ~e ~e~ent ~d ~al~y Dis~led 22~224.00 Aid ~o Bled 784.05 It ~y be necessa~ ko re.est additional f~ds to ~ese a~lia~ gr~t p=og:~ prior ~o ~e end of fiscal yea: as the :e~ested ~s a~e only o~ bes~ estates O~ ~e costs at ~is t~. ~s~ectfully s~tte~, S/ Byr~ E. H~er Byr~ E. H~er C~ty ~ager~ ~. L~sk ~vea ~at Co~ci~ conc~ ~n ~e re~rt of ~e 'City ~ager ~ off~ea ~e follow~g ~rgen~ Orain~ce decreasing ~e O1~ Age ~sls~nce auco~t by $24,5~6.00, decreas~g ~e A~ to Pe~ently a~ ~l~y DlsabZe~ accost by $22,224.00, deureaslng ~e Aid to ~1~ accost hy ~784.05~ appropr~at~g SS0,O0O.OO to Aged A~Z~a~ Grits, ap~ropriat~ag $50,00~.00 to Dl~l~ A~li~ Grits ~ appropriating $5,000.00 to Bl~n~ A~il~a~ Grits ~der Section ~3~, ~p~l~c ~sis~ce,' of the 19~3-74 budget = ~s~s~ce,= of ~e 1~73-74 Appropriation Ora~n~ce, ~ Drovia~ng for (For full t~t of Or,in,ce, see Orain~ce Book No. 39, Page 8~.) ~. L~sk ~vea the aaoption of ~e Orain~ce. The ~t~on was secon~e~ by ~. E~ara ~ aao~ted by ~e foZZow~ng vote= AYe= Messrs. Garl~a~ H~ara, ~sk~ Taylor, Tho~s, Trout ~YS= N~e .................. 0. B~ET-POLI~ D~-G~S= ~e City ~ager s~ttea a ~tten report a~vls~ng ~at gr~t application for ~e H~gh Incidence Target Program was approved on January 3, 1974, by the Council on Cr~m/nal Justice, Dlvisio~ of Justice a~d Cr~e Prevention, that the to~al amount of the grant is $3~3,244.00,' with $282,636.00 co~aing from the Division of Justice and Ct/one Prevention and $60,608.00 coming from the City of Roanoke ~n cash match, and rec~nding that $262,636.00 be appropriated and $80,608.00 be transferred to this grant accotmt. Dr. Taylor moved that Council concur ~ the recommendation Of the City Manager and offered the following emergency Ordinance transferring $60,608.00 from Personal Services to Nigh Incidence Target Program, and appropriat~ng $262,636.00 to High Incidence Target Program under Section S45, 'Police,' of the 1973-74 budget= (%21306) AN OP~INANCE to amend and reordain Section %45w 'Police,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. 39, Page 85.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following Vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thcauas, Trout and Mayor Webber ............................... ?. NAYS= None ......................0. BUDGET-PARKS A/iD PLAYGROUNDS: The City /4al~ager stflmnitted a written re~ort advising that the city has received a gift fro~ the C & P Telephone Company in the amount of $590.30 for the implementation of the parks and recreation programs and recc~auending that said $590.30 be appropria- ted to Other Equipment- New tmder Section %75, mRscreation, Parks and Eecreationsl Areas,# of the 1973-74 budget, for the purpose of purchasing a ~ortable tennis ball-throwing machine to implement the smmner tennis program. Dr. Taylor moved that Council concur in the recongnendation o~ the City Manager and offered the following emergency Ordinance= (%21307) AN ORDINANCE to amend and reordaln Section S75, 'Recrea- tion, Parks and Rocreational Areas,' of the 1973-74 Appropriation Ordinance, and providing for em emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 86.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. L~sk and adopted by the following vote: AYES: Messrs. Garland, Hubard, L/sk, Taylor, Thomas, Trout and Mayor Webber ............................. 7. NAYS: None .......~ ............ 0. Dr. Taylor then moved that the City Manager be requested to transm/t a letter of appreciation to the C & P Telephone Company for said gift. The motion was seconded by Mr. Lisk ~nd unan/mously adopted. ~,23 424 FIP~ D~PAI~I~f~N~: ~he City Managar s~e!tted n written report ~tt~g ~py o~ a ~ic~tl~ ~r~ Dr, Harold H. Presider of Virginia Weste~ C~,-lty ~llege, ~dicating ~at ~e State ~ard for C~lty Colleges ~uld ~ pleased to ~e available to ~e City of ~oke a site on which ~e city coul~ cons~ct ~e sou~west fire s~tion on a 99 year lease basis. ~. Lisk ~ved ~at Co~cil ~nc~ In ~e re~rt of ~e Clt~ ~ager ~d ~at ~e ~tter ~ refer~ed to ~e City Atto~ey for prepara~ of ~e proper ~asure. ~e ~tion was seconded by Dr. Taylor ~d ~usly adopted. PO~ DEP~T~-FI~ DEP~z ~e City ~nager s~ltted a ~ltt~ re~rt as to ~e status of perso~el ~n ~e Police ~par~ent ~d ~e Fire ~p~t for ~e ~n~s of Nov~er ~d ~c~er, 1973~ advising ~at at ~e end of ~c~er~ 1973~ ~ere were five vac~c~es in ~e F~re ~par~t ~d at ~e end of ~c~er~ 1973~ ~ere were eleven vac~cles in ~e Police ~. Th~s ~ved ~at ~e re~rt ~ received and filed. The motion was seconded by Dr. Taylor ~d ~usly adopted. A~ITS: The City Auditor s~tted a f~n~cial re~rt of the City o~ ~oke for ~e ~n~ of ~c~er, 1973. ~. H~ard ~ved ~at ~e report be received ~d filed. The ~tion was seconded by ~. Garl~d ~d ~usly adopted. PUBIC ~: Tha City Auditor s-~ltted a mon~ly stat~ent of dirges for p~lic welf~e for ~e ~n~ ~ded Dec.er 31, 1973. ~. L[sk ~ved ~at ~e stat~nt be received and filed. The ~t[on was seconded by ~. H~ard ~d ~usly adopted, ~OR~ OF CO~ = CI~ ~GI~: Cocci1 having once again referred to a eom[tree c~osed o~ ~ssrs. S~ H. HcGhee, lII~ Charles L. Gutshall ~d Ke~e~ L. ~tley for study~ re~rt and recordation ~e bids received for ~e steel fr~ng syst~ ~d accessories for ~e P~lic Works Se~ce Center~ ~e co. tree s~tted a ~itten report advising ~at ~e building proposed to be const~cted by Hodges L~er Co~oration, after evaluation by the bid ~ttee, did not meet ~e specif~cat[ons for ~e ~of syst~ ~d it ~erefore, reco~ded ~at ~e bid of Hodges L~r Co~y be rejected, ~at ~e bid s~t~ed by Sou~west Cons~ct~on Co~y, Inco~orated, did not meet ~e specifica~ons for co1~ spac~g ~d ~at ~e bid of Creative Const~ct[on ~d Develo~t Co~oration was not w[~ ~e ava~l~il~ty of f~ds, ~d rec~nd~g ~at ~e ~ bids be rejected, ~at ~e building pro~sed to be ~ns~cted by F~e Bulling C~y did ~et ~e specifications, ~ak ~t ~s wi~in ~e ~chitect~s cost estate ~d rec~end[ng ~at ~e contract ~ t~vely awarded ~ F~e Building C~p~y in ~e ~t of $340,774.00 [n accordance with Paragraph 6 of the Supplementazy General Conditions and in accordance with the bid committee's recos~endation'of December 26, 1973. .H~. T~out noved that all bids received be re~ected and that the City Hanager be instructed to resdvertiso the proJech at a later date. The motion vas seconded by ~r. Llsk and adopted by the following votez AYES: Hessrs. Garland, Llsk, Taylor, Thomas, and Trout ..... HAYS: H~. Bubard and ~tayor Webber .......................... 2. BUDGET-HANDICAPPED PEOPLE: A communication from fir. George Vo Devins, Chairman, Nayor~s Committee for Employment of the Handicapped, requesting that Council appropriate $300.00 to the ~4ayor~s Comittee for Employment of the Handicapped for the period fr~n July 1, 1974, to June 30, 1975. fir. Llsk moved that the request be referred to 1974-75 budget study. The motion was seconded by fir. Trout and unanimously adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIHS: NO~IE. INTRODUCTIOH AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-FrP~E DEPARTHENT-REVENUE SHA~IHG: fir. Trout offered the following emergency Ordinance decreasing by $576,341.00 Personal Services under Section J47, 'Fire Department,' of the 1973-74 budget: (J21308) AN ORDINANCE to amend and reordain Section [47, 'Fire Depart~nant,' of the 1973-74 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 39, Page 86°) fir. Trout moved the adoption of the Ordinance. The motion was seconded by fir° Lisk and adopted by the following vote: Hr. T~0ut further offered the following emergency Ordinance t~ansferring $576,341o00 from Revenue Sharing Trust to Personal Services under Section S47, 'Fire Department,' of the 1973-74 budget: (~21309) AN ORDIRA~CE to amend and reordain cerhain sections of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 87.) seconded by Hr. Lisk end adopted by the following vote: Hayor Webber ................................. ?. HAYS: None ......................... 0. 425 :426 BUDGET-SEWErS AND STOI~ DRAINSz Mr. Thomas offered the following emergency Ordinance appropriat~ng $21w839,000.00 to Sewage Treatment Plant Expansion under Section %$50, "Sewage Treatment Capital Improvements Fund,' of the 1973-74 Sewage Treatment Fund Appropriation Ordinance: (%21510) AN O~DINANCE to amend and reordain Section %550, 'Sewage Treatment Capital Improvements Fund~" of the 1973-74 Sewage Treatment Fund Appropriation Ordinancew and provid~ng for an emergency. (For full text of Ordinance~ see Ordinance Book NO. 39, Page 88.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland~ Hubardw Lisk~ Taylorw Thomas, Trout and Mayor Webber ................................... NAYS = None .......................... 0. ~OTIONS AND MISCELLANEOUS SUSINESS: iNTEGrATION-SEGREGATION: Mayor Webber called to the attention of Council that there is a vacancy on the Fair Employment Practices Committee and called for nonLtnations to fill the vacancy. Dr. Taylor placed in nom~nation the name of Mr. Joseph M. Wars. There being no further nondnationsw Mr. Joseph M. Wars was elected as a member of the Pair Employment Practices Committee for a term ending July 1, 1974, by the following vote: FOE ~. WARS: Messrs. Garland, Hubard~ r.lsk, Taylor~ Thomas, Trout and Mayor Webber ............................... ?- CITY EMPLOYEES: The City Clerk reported the following quallfica- tions: Mr. Kit B. Kiser Mr. WilliamA. Sewitt Mr. Richard B. Turpin M~ss Bernice F. Jones Dr. Mary Jane Donnalley Mr. Cabell J. Fearn Director of utilities and Operations Director of Safety. and Security Director of public Works Director of Human Services Director of Civic Enrichment Director of Technical and Adm~nistra- tire P1an131ng. Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Lisk and unanimously adopted. There beLng no 'further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST ~j_~__ Deputy City Clerk Mayor COUNCIL, REGULAR I~ETING, Nonday# January 21, 1974. The Council of the City of Roanoke met.in regular meeting in the Council Chamber in the Hunicipal Building, ~onday, January the regular meeting hour, with Hayor Roy L. Webber presiding. PRESENT: Councilmen Robert A. Garland, William S. Hubard, David K. Llsk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor ROy L. Webber ...................................... ABSENT= None .....................0. OFFICEP~ PRESENT: Mr. Byron E. Haner, City Manager~ Mr. Sam N. McGhee, III, Assistant City Manager~ Mr. James N. Klncanon, City Attorney; Mr. H. Ben Jones, Jr., Assistant City Attorney; and Mr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend ~olen C. Bailey, Pastor, Cave Spring Baptist Church. MINUTES: Copy Of the ~/nutee of the regular meeting held on Monday, January 14, 1974, having been furnished each member of Council, on motion of Mr. Trout, seconded By Mr. Hubard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTEES: WATER DEPARTMEL~: Pursuant to notice Of advertisement for bids for the construction of a 13~ x 4~ single box culvert on Moorman Avenue east of Ninth Street, N. W., said proposals to be received by the City Clerk until 2 p.m., Monday, January 21, 1974, and to be opened at that hour before Council, Mayor Webber asked if a~yone had a~y questions about the advertisement for bids 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: J. p. Turner Brothers, Incorporated - $ 29,495.?0 N & S Constr~ction Co~any - 41,002.00 Frye Building Company - 41,771.00 Southwest Construction, Incorporated - 47,562.30 P~bertson Construction Company, Incorporated - 4?,974.50 Vecellio & Associates, Incorporated - 48,28?.40 Mr. Thomas moved that the bids be referred to a co~nfttee to be appointed by the Mayor for tabulation, report and reconnuendatlon to Council. The motion was seconded hy Mr. Trout and unanimously adopted. Mayor Webber appointed Messrso Sam H. McGhee, III, Chairman, and Charles L. Gutshall as members of the cor~fttee. SEWEES AND STORM DRAINS: Pursuant to notice of advertisement for bids for the construction of a storm drain on Springhill Drive, N. W., from Cove ~ad, N. W., to Fairland Lake, said proposals to he received by the City Clerk u~til 2 P'm', Monday, January 21, 1974, and to be opene~ at that hour before Council, 427 428 Mayor Webber asked If anyone h~d any questions about the advertisem~nt for bids and no representative present raising any 9uestion, the Mayor instructed the Deputy City Clerk ~o proceed vith the ol~-n~ng of the bids! whereupon, the Deputy City Clerk op~ned and read the following bidsz Name Proposal I Proposal II Woods Plumbing & Heating, Incorporated - $25,352.00 D. G. Hollandsworth - 24,283.41 J. p. Turner Brothers~ Incorporate - 29,$19.90 29,281.50 Mr. Thomas moved that the bids be referred to a co~ttee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Sam H. McGhee, III, Chairman, and Charles v.. Gutshall as members of the c~ttee. WATER DEPARTHENT; Pursuant to notice of advertisem~nt for bids to construct roof, gunite interior, patch exterior walls and related work for the Falling Creek Filter Plant Finish Water Reservoir, said proposals to be received by the City Clerk until 2 p.m., Monday, January 21, 1974, and to be opened at that hour before Council, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the D~uty City Clerk to p~oceed with the o~ening of the bids~ whereupon, the Deputy City Clerk opened and read the following bids: Frye Building Company $ 19,371.00 Brock & Davis Company, Incorporated Donald H. Selvage, Incorporated 40,?00.00 Hr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and reco~endation to Council. The motion was seconded by Hr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Sam H. Mc'Ghee, III, Chairman, and Kit B. Kiser as members of the committee. PETITIONS AND COMe,CATIONS= HOUSING-SLUH CLEARANCE: A co~unication from Mr. R. R. Henley, Executive Director, City of ~oanoke Redevelopment and Hous~-ng Authority, connection with a feasibility investigation by the Housing Authority to determine if Urban Renewal funding can be obtained to construct a platform over the Norfolk and Western tracks connecting Jefferson Street, and, if funding is available, to ~xtunt can such platform be built and what is the estimated Cost of such construction, advising that during November, three representatives from the Area office of the Department of Housing and Urban Development vis'ted l~oanoke to discuss these matters, that as a result, the Authority can now advise that the cost of an overhead pedestrian mall over Jefferson Street is an eligible project improvement under the Urban Renewal Program, that a platform to support buildings is not eligible, that the construction of a pedestrian mall could include ramps, escalators and landscaping features of beautification, that the money, available, ~ould be obtained by adding '..he area necessary £or the overhead structure as a p~t of the continuing Neighborhood Development P~ogra~ in the Gainsboro area, that the estimated costs to be budgeted for const~uction of the overhead pedestrian mall cannot be obtained without preliminary engineering investigation costing ' ~,500.00, that since the Housing Authority has no funds for this purpose, It Is requested that the City Council authorize pa~ent of thl~ amount and that approval by Council of this expenditure will ~erm~t the Authurit to obtain cost ear,nates forecasting the cost of the structure and the one-third participation cost to the City of P~anoke, was before Council. Hr. Henley appeared before the body and answered various questions raised by the members of Council pertaining to the study. Hr. Trout moved that the matter be referred to the City Attorney for preparation of the proper measure appropriating the requested funds. The motion was seconded by Hr. Hubard and unanimously adopted. LEGISLATION-P~ANNING= Copy of a Resolution adopted by the Fifth Planni District C~sion~s Executive Comm/t~ee on January 10, 1974, supporting a change in the Virginia'Area Development Act of 1968, as emended, to provide for a state min~n~m annual grant of $50,000.00 to each of the Planning District Comm~ssions throughout the Conm~nwealth of Virginia and encouraging each of the local jurisdictions financially participating in the operation of the Fifth Planning District Commission to adopt appropriate Resolutions in support of such change, was before Council. Hr. Thomas ~ved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Trout and unanLmously adopted. STREETS AND ALLEYS~ Council having de~erred actiou on a report of the City Planning Commission recommending approva[ of the request of Mr. E. H. Wimmer, Grace W. Wbmner, Alex-%~J~nmer Tire Service, Incorporated, and Industrial and H~11 Suppliers, Incorporated, that that portion of an alley 15 feet wide lying parallel to South Jefferson Street running northerly from the northerly line of Whitmore Avenue at the southwesterly corner of Lot 11 to the terminus of the alley a~d lying behind Lots 6 - ll, ~nclusive, Section 5, of the Pleasant Valley Land Co=pany Map be vacatad, discontinued and closed, until an agreement could be reached with the NorfoLk and Western ~ailway Company relative to the roquest~ a communicat~un from Hr. J. D. Logan, III, Attorney~ representing the petltloners~ advising that he has now reached a~l agreement with the railway c~mpany, that he [s ready to have the alley vacated and requesting that Cou~cl! set a data for a publlc hearing as soon as posslble, was before the body. Hr. Trout moved that Counc£1 hold a public hearing on the request to vacate, discontinue and close the alley at 7:30 p.m.~ Monday, February 25, 1974~ in the Council Chamber. The motion was seconded by Hr. Garland and unanimously adapted. 429 430 I~PORTS OF OFFICKRS$ BUDgET-pUBLIC W~LFAP~ The City Manager s~tted a wrl~t~ re~rt ~n ~ect~ wl~ ~e p~l~u ass~st~ce budget~ advising ~at ~n~es were p~v~d~ ~n ~e c~r~t budget for day care se~ces ~n t~ categor~es~ ~d to ~d~t ~il~en - ~N Day Ca~ ~ Day Care - Non ~N, ~at f~ds e~nded ~ o~ ~ese categories are 90% re~s~le by ~e state~ ~at to date, ~e ~]or e~d~t~es for day C~e have be~ In ~e Non WIN catego~ ext~t ~t ~s p~t~lar accost ~s over e~ended ~d ~at ~t Is rec-~nded ~at $g5,000.00 ~ ~sferred fr~ A~d to ~ndent ~lldren - ~N Day Care to ~y Care - N~ Dr. Taylor ~ved ~at Co~c~l con~ in ~e re~ndat~on of ~e City ~ager ~d o[fered ~e foll~ng ~rgen~ Ord[n~ce~ (~21311) ~ O~I~ to ~nd ~d reorda~n Section %3~, 'P~i~ ~s~s~ce,' of ~e ~9~3-94 Appropriation Ord~n~ce~ ~d prov~ding for ~ergen~. (For full ~t of O~[n~ue, see Ordln~ue B~k No. 39, Page 88.) Dr. Taylor ~ved ~e adoption of ~e Ordin~ce. ~e ~t~on was seconded by ~. Trout ~d adopted by the follow~g vote= AYe: Messrs. Garl~d, H~ard, L[sk~ Taylor, Tho~s, ~out ~d ~yor Weber ....................................~ · ~YS = None .....................0. B~E~RO~O~ ~FE SA~NG C~: ~e City ~ager s~tted a ~itten report advis~g ~t w~ ~e adv~t of ~e progr~ to provide ~ved care for heart patients ~ R~oke Life Savi~g vehicles ~ere has been ~ ~ncrease ~n the usage of o~gen w~ a resul~t increase ~ costs, ~at o~gen cylinders ~e c~rent progr~ are provided by ~e f[~ which also provides ~e h~ever, a d~rage charge is ~de [or ~e use of ~e o~gen cylinder, ~at as resuZt o~ ~ese increased charges ~e Life Saving Crew budget is ~n need of additional f~ds, ~d ~at ~t ~s ~t[cipated ~at ~ additional $3,000.00 needed in ~e ~erat~g Supplies ~ ~ter[als accost for ~e r~[nder of ~e fiscal ye~. ~. T~ut ~ved ~at Co~c[Z con~ in ~e report of ~e ~ager ~d offered ~e foll~g ~erg~ Ordinate: Sav~g ~ews,' of ~e 1993-~4 App~pr~at[~ Ord~ce, ~d providing for (For fuji text of O~[n~ce~ see Ord~ce ~ok No. 39, Page 89.) ~. T~ut ~ved ~e a~opt~on oE ~e Ord[n~ce. ~e ~t[on was seconded by ~. Garl~ ~d adopted by ~e ~o11~g A~= ~ssrs. Garl~d, H~ard~ L[sk, Taylor, ~o~s, Trout ~yor Webbe= ............................. ~YS = None ....................0. G~J~TS-S~S AND STORM D~A/NS t The City Manager submitted a written report advlsLng ~hat ~e city, by letter dated J~ 8, ~974~ f=om the ~vlron- ~tal P~ction ~, has receive~ ~ltt~ notification of ~ increase fed~ral gr~t ~ ~e ~t of $7,129~800.00 for ~e Sewage ~ea~t Pl~t e~sion, ~at federal participation In ~ls p~ct Is n~ a to~i of $18,601~050. ~a~ ~e city has also receive~ letter notification ~ated J~ua~ 10, 1974, f~ ~e State Water Con~l ~ard ~at ~e state has ~ncreased its on ~is p~ect fr~ $1~529,500.00 to $2~480~140.00 in ac~rd~ce wl~ ~e s~l~ ~urease ~de ~ federal f~aing~ ~d It Is re~nded that Cocci1, by Ordin~ue~ app~ve ~e exertion of gr~t ~en~t No. I by the City ~ager which ~creases ~ federal participation ~. ~s ~ve~ ~at ~cil con~ in ~e re~endation of the City ~nager ~d offere~ ~e foll~ing ~ergen~ Or, in,ce: (921313) ~ O~IN~ au~oriz~g ~e City ~nager to exe~te, on behalf o~ ~e C~ty, ~n~t No. 1 to a certain gr~t heretofore ~e by the ~lted S~s of ~er~ca to ~e C~ty for Project No. C-510442 for const~ct~on of cer~n sewage trea~nt facil~ties, said ~n~nt hav~ng ~e effect of ~ncreas. ~ng ~e ~t of sai~ gr~t by ~e s~ of $7,129~800.00~ an~ providing for ~ergen~. (For full t~t of O~n~ce~ see ~d~n~ce ~ok No. 39, Paqo ~. Th~s ~ved ~e adoption o~ ~e O~n~ce. The ~t~on was se~n~e~ by ~. ~ut ~ a~opte~ by ~e f911~ng vote: A~S~ M~ssrs. Garl~d, H~ard~ Lisk~ Taylor, Tho~s, Trou~ ~d ~yor Webber ....................................... 7. ~YS ~ None ........................0. ~ ~OV~ The City ~ager s~tte~ a written re~rt adv~s~g ~at ~e city ~s c~r~tly o~rat~ng a s~t~ l~dfill ~n ~e ~ of V~nton ~er ~e te~ o~ a tr,-party agre~ent ~ate~ F~a~ 20, 1973, that agre~t ~s be~e~ ~e C~ty of ~oke, ~e ~ of V~nton and Messrs. Hen~ ~h~ Ja~ E. ~ews ~d ~ln E. ~ews~ ~at ~der c~rent operations ~e us~s are rapidly f~ll~g ~e allow~le space in ~s 1~f~11 an~ ~t ts e~ecte~ ~at ~t wlll be n~cessa~ to te~ate dls~sal o~ratlons during Feb~a~ 197~ ~at c~ty repres~tat~ves have been dls~s~ng w~ ~e of V~ton ~ ~ p~rty ~ers,'. n~ly ~C Co,ration, ~e use of a ~act of 1~ a~acent to o~ preset l~df~ll, ~at ~ere exists the possibility of entering ~nto ~o~er t~ee party agre~ent for a s~ita~ lan~f~ll on ~s a~jac~t ~act of 1~, recanting ~at he be au~or~zed to s~gn a proposed agre~ent on ~half of ~e city, ~ ~at ~t ~ ~derst~ that ~ere ~y be ~nor revlslons to ~e agre~t ~fore ~ts f~nal ~xecut~on, h~ever, ~y su~ ch~ge w~ll be c~rd~nate~ wi~ ~e off,ce of ~e City Atto~ey prior 431 432 Hr; T~out moved that Council concur in the reco~endation of the City ~lanager and offered the following emergency O~linance= · (%21314) ~ ORDINANCE authorizing the execution of an agreement provid- ing for the operatio~ of a sanitary landfill by the City of Roanoke on property o~ned by ~C CorpOration In the T~m of Vlnton, upon certain terms and conditionsl and providing for an (For full text of Ordin~nce, ses Ordinance Book No. 19~ Pspe 90.) lit. T~out m~ved the adoption of the ordinance. ~he motion was seconded by ~r. Llsk and adopted by the following vote~ AYESI Messrs. Garland, ~ubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................... NAYSI None ...................... 0. APPOINTMENTS-FIRE DEPARTMEWTI The City }{anager sub~tted a ~itten report reco~nuending that Council confirm the appointment of Mr. Carl C. Holt as chief of the Cit~ of Roanoke Fire Department. Mr. Garland Iaoved that Council concur in the report of the City ~anager a~d offered the following Resolution: (%21315) A t~ESOLUTION confirming the City Manager's appointment Of Carl C. Bolt as Chie£ o£ the Fire Department, effective January 25, 1974. (For full text of Resolution, see Resolution Book No. 39, Page 92.} Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Thomas alld a4ooted by the following vote: AYES: ~essrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. ?. NAYS = None ................... 0. CITY EIiPLOYEEs-pUBLIC W~LFARE: The City Attorney submitted a written report advising that after reviewing the records of Council's formal confirmation of the City Manager's r6cent appointments of directors in the administrative service of the city, it was noted, that while on July 16, 1973, by an amendment of the City's Pay Plan effective that date, Counc£1 recogllized in the a~ended Pay plan the position 6f Director of H~man Services and recognized also the fact Of the appointment of Miss Bernice F. Jones to that posltion~ no express confirmation of her appointment has been effected by Council, accordlngly~ and in order that the official records contain the Council's formal confirmation of th~ director of that new position, he has prepared and transmits a Resolution by which the same ~ay ~e recorded. MrJ TrOut moved that Cooncil concur in the report of the City Attorney' and offered the following Resolutlon: (%21316) A RESOLUTION confirming the City Manager=s appointment of Rerllice F. Jones as Director of Ba~/1 Servfces~ tn the a~nlstrative service cf the City Of Roanoke. (For full text of aesolutton, see Resolution Book No. 39, Page ~'. Trout ,~ved the adoption o£ the Resolution. The motion was aeconded by Dr. Taylor and adopted by ~a foll~g A~ ~ssrs. Garl~d~ H~rd~ ~ak~ Taylor~ Th~s~ Trout ~d ~yor Webber .................................... ~YS~ None ...................... 0. STA~ CO~O~TI~ C~SSI~ ~e C~ty At~ey s~tted a ~tten re~rt advSsSng ~at ~e ~yor has been not,fled of a hear~n~ on Feb~a~ 11, 19~4~ by ~e State ~rak$on C~ss~on on appl$cak$on ~de by Carroll Hatcher for a certSf$cate of p~llc c~venience ~ ~ecessity to operate as a c~n carrier by ~tor vehicle for ~e h~dling of ~ssengers ~d baggage, newspapers, ~d e~ress parcels, over ~utes originatSng ~n ~rt~sv~lle ~d seeing ~rt ~d Blue ~dge A~rt in Hen~ Co~ty~. ~ak ~e notice Ss one required by ~e statutes to ~ given ~e heads of gove~$ng ~dies Sn each ~urisd$ct~on in which ~e se~ce Ss pro~ed to be r~dered ~d~ ~less o~e~$se dSrected by ~e ~cll, he ~uld not ~nk~d ~at ~e City of ~oke beco~ ~ active party to ~e proceedings ~fore ~e ~. ~s ~ved ~at ~e re~rt be received ~d filed. The ~tion was seconded by ~. ~out ~d ~usly adopted. ST~T ~: The CSty Pl~n[ng C~ss$on s~tted a wrStten re~rt [n co~ec~on w~ ~e re~est of ~e ~s~s~nt CSty ~nager for the est~l~2~ent of a s~eet n~e for ~e rec~tly o~ned new sect$on of street between Guilford Avenue, S. W., ~d ~ alley parallel to ~d nor~ ~edSately op~site ~fton ~mad, S. W., rec~d~g ~at ~e new street also be n~ed ~fton ~ad, S. W. ~. T~ut ~ved ~at ~e ~tter be referred to the City Atto~ey for prepara~on o[ ~e proper measure. The ~tion was seconded by ~. ~s and ~usly adopted. ZONING= The C~ty Pl~g C~ss[on s~tted a written report co~ect~on wi~ the re,est of ~. W. Co~ey King, Jr., Atto~ey, repres~t[ng J~es W. ~d J~e P. Crouse, ~at property 1pcat~ at 2?38 ColonSal Avenue, S. W., descried as ~t 12, Blo~ 1, Sect[~ [, Nelson. S~iv[s[on, Of[~cia[ Tax No. 12803~6, be rezoned fr~ ~-3, S~gle-F~ly Res[dentia~ D[strict~ to C-2, ~neral C~erc~al D[strSut, reco~nd~ng ~at ~e request be denied. In ~$s co~ection, a c~$ca~on fr~ ~. King advSs[ng that his clients desire a p~15c he~ing on ~e re~est for rezoning was before Co~c$l. ~. ~s ~ved ~at Co~cil hold a p~[[c hearing on the re,est for rezon~ng at ~=30 p.m., ~day, F~a~ 25, ~tlon was se~nded by ~. ~ut ~d ~usly adopted.. . ZONINGs. ~e ~ty Pl~g ~ss[on s~tte~ a ~[tt~ r~rt ~n ~ec~on wi~ ~e re,est off ~. C. ~ard Cr~we11, Atto~ey, representin~ ~ssrs. ~orge W. ~erby ~d ~o ~ros, ~at property located at 2302 Colonial 433 4'34 Avenue, S. W., described as ~ots 6w 7 ~nd gw Block 1~ Colonial Heights Addition, be rezoned frOm RD. Duplex R~sidenttal District. to C-I. o£fice and Institutional Dlstrict~ rec~mnend~ng that ~e re.est ~ ~. ~s ~ved ~a~ ~cil ~ld a p~lio hearing on ~e re.est for rezon~q at 7t30 p.m., ~day. F~ 25, 19~4, ~ ~e ~c~l ~e ~ti~ was se~nded by ~. ~ut ~d ~ly adop2ed. ZO~NG~ ~e City Plying C~ssion s~tted a written re~rt In co~ect~on w~ ~e re.est o~ ~.' C. ~d Cr~well~ ~tto~ey~ representing ~. J~s E. ~lsto~ ~at ~ro~r~y ~ocated on ~e sou~ s~de of Br~don Avenue, S. W., east o[ 2754 Br~don Av~ue, S. W., ~d west o~ the ~salind Hills ~ptist Church, Official T~ No. 1620109, be rezoned fr~ RG-1, ~neral ~sid~tial Dls~ict~ to C-l, Office and Institutional District, reco~ending ~at ~e r~est be grated. ~. ~s ~ved ~at Co~c~l hold a p~llc hearing on ~e re.est for rezon~ng at 7=30 p.m., ~nday, Feb~a~ 25~ 1974, in the Co~c[1 Cheer. The ~tion was seconded by ~. Trout ~d ~usly adopted. ~ORTS OF P~ ~ P~YGR0~S: Cocci1 having referred to a co~ittee for study, re~rt ~d rec~ndation the one bid received for ~e const~ct~on of a wildflower garden on Mill ~in~ the c~ttee s~itted a ~itten report re~ding 2hat ~e one bid received from Jo~ A. Hall ~d Comply, Inco~rated, in ~e ~t of $59,511.50, be rejected, since it far exceeds the ava[l~le f~ds for ~is work ~d ~at ~e-pl~s be' ~iffied so that const~ction of ~[s project c~ be phased in order ~at ~rk ~y be accomplished wi~[n ~e avail~ility of f~ds. ~. ~sk ~ved ~at Cocci1 con~r ~n ~e recordation of ~e c~ttee ~d offered ~e follow~g Resolution: (%2~317) A ~SOL~ION reject~g ~e only bid received for const~ction of a wildflower garden ~ ~11 ~ta~,~ ~d directlng'~at ~e ~tter b~ read- vertised for bids as a phased project. {For fu~l t~t of Resolution, see ~solut[on B~k No. 39, Page ~. L~sk ~ved ~e adoption of ~e ~solution. The ~t~on was seconded by ~. ~out ~d adopted by ~e foll~g A~S: Messrs. Garl~d, H~ard,~ ~sk, 'Taylor, Th~s~ Trout ~d ~yor Webber ................................. ~--~. ~YS = None .....................0 * ZONING: ~ ~nual re~rt of ~e Board of Zoning Appeals for ~e year 1973 was ~fore Co~cil. ~. T~ut ~ved t~t ~e re~rt be received ~d filed. The ~tlon was seconded by ~. ~s ~d ~usly adopted. 435 UNFINISHED BUSINESS: NONE. - COH$IDERATIO~ OF CLAIMS: HONE. INTRODUCTION AND CONSIDERATION OF O~DINANCES AND RESOLUTIONS HOUSING-SLUM CLEARANCE: Council having directed the City Attorney to prepare the proper lneasure authorizing the Mayor to appoint a Housing Task Force Committee to be composed of ~.even citizens of the co~unityt tO serve in a general advlso~ capacity to the city's housing consultant and to ~e city's planning Department, throug~ the co~pletion of a housing study for the city, he presented samel whereupon, Mr. L~sk offered the following Resolution: (~21318) A RESOLUTION authorizing appointment by the Hayor of a Housing Task Force Committee. (For full text o£ Resolution= see Resolution Book No. 39, Page 93.) Mr. Llsk moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS: None ......................0. C~TY ENGINEER: Council having directed that the City Attorney prepare the proper moasure rejecting all bids received for furnishing and constructing a prefabricated framing system for the city's public Works Service Center and direct~g that the pro,eot bo readvertised for new bids, he presented same~ whereupon, Mr. Trout offered the follow£ng Resolution: (~21319) A RESOLUTION rejecting all bids received for furnishing and constructing a prefabricated framlng'~ystem for the City's Public Works Service Center~ an~ directing that the project be readvertised for new bids. (For full text o~ Resolutlon, see Resolution Book No. 39, Page 94.) }{r. Trout moved the adoption of the Resolutiou. The ~tlon was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas and Trout ......... NAYS: Mr. Hubard end Hayor Webber .............................2. MOTIONS ~ MISCELLANEOUS BUSINESS: COUNCIL: Vice-Mayor Lisk presented the members of Council with an official gavel which was made from a walnut tree at Camp Easter Seal and turned by Mr. Orville $igmon. Mayor Webber expressed appreciation for the gavel on behalf Of the m~urs of Council end req~lested that the City Attorney prepare the proper measure expressing Council's appreciation to Mr. Sigmon. HEALTH D~PARTMENT: Mayor Webber called to the attention of Council that there is a vacancy on the Mental Health Services Board of the Roanoke Valley created by the resignation of Mr. E. Griffith Dodson, Jr., for a ter~ o~ three years ending December 31, 1976, and called for nondnations to fill the vacancy. 436 Hr. Eubard placed ~n nc~/nation the name o£ Hr. Wlllla E, ~ld. ~ere ~ino no f~er n~nat~a, ~. Wllll~ R. ~ld was elected as a ~r of ~e ~tal Heal~ Se~ices ~ard of ~e ~oke Valley for a te~ oi ~ee ~eags ~ding ~c~r 31, 1976~ by ~e roll,lng vobe~ ~he=e ~ no f~e~ business~ ~yor ~ebber declared ~e meeting adlo~ed. APPROVED A~TI Deputy City Clerk ~yor 437 Nonda¥, January 28, 1974. The Council of the City of Ro&noke met In regular ~eeting in the Council Chamber in the Municipal Building, Monday, Janua~ 28, 1974, at ?~30 p.m., with Moyor Mo¥ L. Webber presldtn9. PRESENT: Councilmen P~bert A, Garland, William S. Hubsrd, David Lisk, Noel C. Taylor, He. ton W. Thomas, Ja~ea O. Trout and Na¥or Roy L. Webber ..................................... ?. A.BSEHT ~ None .................... 0. OFFICERS PRESENT: Mr. Byron E. Haner, City Manager! Mr. James N. Klncanon, City Attorl~ey~ Mr. H. Ban Jones, Jr., Assistant City Attorney~ a~d Mr. A. N. Gibson, City Auditor. INVOCATION= The meeting was opened with a prayer by the Reverend Denver ~. Davis, Pastor, Rosalind Bills Baptist Church. MINUTES: Copy of the m~nutes of the regular meeting held on Monday, January 21, 1974, having been furnished each me~mber of Council, on 10orion of Mr. Trout, seconded by Mr. Lisk and nna~i~ously adopted, the reading thereof was dispensed with and the minutes approved as recorded. ~R~NG OF CITIZENS UPON pUBLIC MATTERS: PARKS AND PLAYGROUNDS: Pursuant to notice of advertls~ment for bids for grading to cover a box culvert and to raise the existing manholes in Washington Park, said proposals to be recelYed by the City Clerk until 2 Monday, January 28, 1974, and to be opened before Council at 7:30 p.m., on that date, Mayor Webber asked if anyone had uny guestions about the advertise- ment for bids and no represantative present raising any question, the Mayor instructed the Deputy City Clerk to proceed with the opening of the bids~ where- upon, the Deputy City Clerk opened and read the one bid received from Burden Construction Company, in the amount of $99,000.00 with the note that the work will be completed within 90 calendar days after notice of award and notice to proceed. Dr. Taylor moved that the bid bo referred to a co~m~dttee to be appointed by the Mayor for study, report and reco~m~ndatlnn to Council. The motion was seconde~ by Mr. Tho~a~ and nnanimously adopted. Mayor webber appointed Messrs. Sam H. NcGhee, III, Chairman, and Charles L. G~tsha11 as members of the committee. SIDEWA_LK-CUR~ AND GUTTER: Ptlrsuant to notice o~ advertisement for bids for the construction of curb and ~utter and entrances and sidewalk in 438 various pa~ts o£ the City of Roanoke, said p~oposale to be received by the City Clerk un,il 2 p.m., A~nda¥~ ~y 28~ 1974~ ~d ~ be opted before ~cXl at 7z30 p.m., on ~at date, ~yor ~ asked XJ ~yone had ~y ~esli~s ~ut ~e advertiser for bide ~d no represen~t~ve preeent raising ~y question~ ~e ~yor Ans~cled ~e ~puty City Clerk to pr~e~ wl~ ~e o~n- lng of ~e bids~ ~ereu~n, ~e ~put~ City Clerk o~ed and ~ead ~e one bid receiv~ from H. G S. Cons~ction ~ ~n ~e ~t of $23~100.00 for Division I ~d $43,010.00 for Division II. Dr. Taylo~ ~ved ~a2 ~e bid ~ reffe~ed to a c~ttee to be ap~[nted by ~e ~yor for study, ~e~r~ ~d ~ec~nda~ion to Co,cji. ~tlon was second~ by ~. Th~s ~d ~usly ~yor W~r ap~[nled Hess~s. S~ H. ~Ghee, III~ Chai~, ~d S~TS ~ ~S~ Co~c~l ~ving se~ a p~lic heading for 7~30 p.m., Honday, J~ua~ 28, 1974, on ~e ~e~es2 o[ ~. A. T. ~yd the2 ~ ~doned reed, fo~ly paE~ of Colonial Avenue~ S. W. ~ be vacated, d~scont[nued ~d closed, ~e ~tter was before ~e ~y. in ~is co~ec~ton, ~e City Plahg Cession s~tted the in9 ~e~t reco~end~9 ~at ~e ~e~est be '~c~ 20, 1973 The Honorable Roy L. Webber~ ~d H~ers of City ~cil ~oke, Virginia ~ntl~en: The ~ve ci~ed ~eques~ ~as considered by ~e City Pla~ing Co~ssion at it~ reeler mee~9 o~ DecOr 19, 1973. ~. Fral~ a~to~ey for ~e pe~itioner~ appeared ~fore ~e Plying Co~sion ~d s~ted ~at ~is ~- proved road is ~ ab~doned pa~t o[ Colonial Argue, it is ~sible to d~ive over n~, ~d ~a2 ~hen ~e ~lonial Av~e ~as built 5 or 6 yea~s ago, ~is sectio~ o~ Colonial Avenue ~as rel~a2ed. ~ditionally, he ou2 ~at ~e vaca2in9 oi ~is ~ad ~ould leave a tract of l~d large ~ough to be developed for a resid~tlal home. It ~as noted by ~e Plain9 Depa=~t stair ~a closin9 of ~is ~r~on o[ old Colonial Argue ~ould presen~ no hraffic or circulation or environed1 hard- ships. Accordingly, ~on vas ~de, duly seconded ~d approved ~usly reco~din9 to City Cocci1 ~is re~es~ ~ approved. Sincerely, Hen~ B. ~n ~. W. He~d Fralfn, Atto~ey~ represent~g the petitioner, appeared before ~cll in sup~rt of ~e re~est of hfs client. The viewers appOinted ~o view the street submitted a written zeport ~ey are ~usly o~ ~e opinion ~at no ~conven~ence would result, tO ~y lndivid~l or to ~e p~lic fr~ vacating, discontinuing ~d closing ~rtion of ~e s~eet. No one ap~ar~g ~ op~sition ~ ~e re~est~ ~. ~out ~ved ~at ~e following O~ce be placed u~n its first reading~ (%21320) ~ 0~I~ approving ~e per.fly vacating, ab~doning ~d discontinuing oi a ~rtion of Colonial Av~ue, S, W., pursuit to ~e pro- visions o[ Section 15.1-164 of ~e C~e oi Virg~la, of 1950 as ~ended~ au~orizing ~d providing for ~e City's release ~d convey~ce of all right, title ~d interest in ~e vacated ~rtion of Colonial Avenue, S. W. ~, A. T. ~yd has heretofore filed ~ application before the ~cil of ~e City of ~oke re~esting ~e Co.oil to pe~nently discontinue, ~d vacate a ~rtion of Colonial Avenue, S. W.. ~re fully described in said petition ~d in ~is ord[n~ce~ ~d ~, notices of ~e intended application were duly ~sted according to law in ~ee (3) p~lic places in ~e City of Roanoke (10) days prior to Co~cils consideration of said application~ ~d ~, in accord~ce wi~ ~e prayer contained In said application, Resolution No. 212~9 was adop~e~ by ~e City Co~cil on ~e 19~ day of Nov~er, 19~, pursuit ~ which viewers were appo~ted to view ~e said pro~rty ~d to re~ort in ~it[ng what ~conveni~ce, if ~y~ ~uld result from pe~tly vacating ~d discont~ulng ~e ~rtion of Colonial Avenue~ S. W., here~after described~ ~d f~er ~e said City Co~cil referred ~e issues raised by ~e said application to ~e PI~g C~sslon of ~e City oE Roanoke for ~e Com- mission~s study of said re~est ~d a re~rt ~e~eofl ~d ~, it appears f~m ~e re~rt ~ ~iting by ~e viewers wi~ ~e City Clerk dated ~e 4~ day of Dec--er, 19~3, toge~er wi~ ~e ~fidavit o[ said viewers~ of even date ~erewi~, ~at no inuonv~[~ce would result, ei~er to ~y ~dividual or to ~e p~lic, [~ penn.fly vacating and discon- tinuing ~e wi~in descried portion of Colonial Argue, S. W., to which re~rt no ~ceptions have ~ filedt ~d ~, ~e city Plying C~ssion, by letter directed to ~e ~yor of ~e City of ~oke ~d ~e m~rs of City ~cil dated ~e 19~ day of ~c~er, 1973, has receded ~o ~e City Co.oil ~at ~e re~est contained in ~e application afo~esald ~ gr~ted~ ~d ~, after newspaper publication as by s~tute provided, petitioner ~g ~e ~er of all ~e l~d along ~e ~rtion of Colonial Avenue, S. W., hereinaffter described, a p~lic hearing was held before ~e Co~cil ~e 28~ day of J~ua~, 19~4, at which hearing all interested parties ~d citl- z~s were afforded ~ op~rt~ity to be heard on ~e ~estlon of ~e proposed s~eet closin9~ ~d 439 ,.44e ~tl~l~S, upon cons~deration of the ~atter, the Council is of the opinion that no inconvenience will ~esult to any ovner or to the public frc~ permanently vacating end discontinuing the portion of Colonial Avenue, So W°, hereinafter described. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as (1) That the said Council doth approve the vacating and discontinuing of portion of Colonial Avenue, S. W., the e~ ia hereby pe~a~nentl¥ abandoned, vacated, discontinued and closed: ~EglHNING at a point on the northerly side of Colonial Avenue, S. W., property location, being also the center of the old location of Colonial lvenue~ being also.corner to property of Annie C. Donates, fomerly L. R. Bullockl thence along the northerly side of present location of Colonial Avenue, with the arc of a circle to the left, whose chord ia W. 73° 55' E. 22.54 feet, an arc distance of 22.54 feet to a point/ thence with the easterly side of the old location of Colonial Avenue, 15 feet east from the centerline of same, H. 32° 00' E. 106.1 feet to a pointl thence with the arc of a circle to the right whose radius is 192.9! feet, whose chord is N. 54° 14' 10" E. 146.00 feet, an arc distance of 149.73 feet to a point; thence still along old Colonial Avenue, 15 feet from the centerline thereo£, N. ?6° 28' 20" E. 131.52 feet to a point on the ~esterly side cE Hartlund Road, S. W.; thence with the west- erly side of Hartland Road, l~. 39° 06' W. 33.25 feet to a point; thence parallel to and 15 feet fro~ the centerline of old location of Colonial Avenue, S. 76° 28' 20' We 117.16 feet to a point; thence with the are of a circle to the left tehose radius is 222.91 feet, whose chord is S. 88° 08' 25" W. 90.16 feet, an arc distance of 90.79 feet to a point on the line of Annie C. Donahue property, formerly L. K. Bullock property/ thence with a curved line to the left whose chord is S. 42° 34' 05" W. 81.76 feet, an arc distance of 82.23 feet to a point~ thence ~. 32° W. 158.4 feet to a point on the northerly side of Colonial Avenue, S. W./ t.hence with the sa~e ~tth a cttrved llne to the left whose chord is N. 72°'18~ E. 22.45 feet, an arc distance of 22.45 feet to the place of BEGIBT~ING BE IT FURTHER ORDAINED that the Hayer end City Clerk be and they are hereby authorized and directed for end on behalf of the City of Roanoke to execute, seal, and attest, respectively, t~o deeds, copies of which are attached hereto and made a part hereof, one unto A. To Loyd and one unto Annie C. Donahue, releas- ing, qultclalming and conveying all o£ the City's right, title and interest in and to that portion of Colonial Avenue, S. ~., hereinabove described end he~eln ordered to be perlaanently closed, abandoned, discontinued and vacated. BE TT FURTHER ORDAINED that upon delive~ of the City's deeds of quitclaim and release as aforesaid, the Clerk of this Council deliver to the Clerk of the Circuit Court for the City of Roanoke, V£rgimia, an attested copy of this Ordinance in order that the said Clerk may make proper no~ations on all maps or plats recorded in his said office upon ~hlch are sho~n thc said portion of Colonial Avenue, S. W., herein perma~lently abendoned, vacated, discontinued and closed. The motion was seconded by Hr. List and adopted by the following vote: AYES: Hessrs. Garland, Huburd, List, Taylor, Thomas, Trout and Hayer Webber ................................7. HAYS: None ........................0. PETITIONS AND C(H~UNICATZONS ~ BUDGNT-$C~OOLS~ A communication from the !Roanoke City School Board requesting ~hat ~ouncll appropriate $9,899.35 to Im~rov~nents and ~ttermente ~nder Section %12000 of the 1973-74 budget of the ~oancke City School Board, edvieing that this amount represents 73 per cent of federal matching fthnds for the purchase of trade and Industrial equipment costing $13,560.75, that th~ local share of $3,661.40 is Included In the 1973-74 budget and that the $9,899.35 wtll be reimbursed 100 per cent by federal funds, was before Council. ~r. Thomas moved that Council concur tn the request of the Roanoke City School Board and offered the following emergency Ordinance~ (%21321) AN ORDINANCE to amend and reordain Section %12000, 'Schools - Improvements and Betterments,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book %39, Page 95.) ~r. Thomas moved the adol~tton of the Ordtna~ce. The motion was seconded by ~r. Trout and adopted by the following vote= AYES= Messrs. Garland, Hubardt Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. ?. NAYS ~ None ........................ 0. ~UD~ET-$C~OOLS: A com~nunicatton from the Roanoke City School Board requesting that Council appropriate $3,046.00 to Manpower Develo[~n~nt and Training Act under Section %21080 of the 1973-74 budget of the Roanoke City School Board, advising that one hundred per cunt of expenditures for this project will be re~ursed by the U. S. Department of Labor through the AFL-CIO Appalachian Council, was before the body. Mr. Trout moved that Council concur in the request of the Roanoke City $chool Board and offered the following emergency Ordinance= (%21322) AN ORDINAnCE to a~end and reordaln Section %21000, 'Schools - Manpower Develol~nunt and Tralntng Act,' Of the 1973-74 Appropriation Ordinance, and provld~ng for an emergency. (For full text of Ordinance, see Ordinance Book %39, Page 9~.} Mr. Trout moved the adoptlon of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thcmas~ Trout and Mayor Webber .................................7. NAYS ~ None ......................... 0. BUDGET-SCHOOLS: A Co~ununleation from the Roanoke City School Board requesting that C0u~cil appro~riat~ $1,000.00 to S~ecial Purpose ~rant for James Madison Junior High School under Section %25000 of the 1973-74 budget of the Roanoke City School Board, advising that all expenditures will be reimbursed one hundred per cent by Title II, P. L. 89-10 ftmds, was before the Body. Mr. Lisk moved that Coronet1 concur in the request of the Roanoke City School Board and offered the follow~ng emergency Ordinance: 441 442 (121323) AH ORDTHANCE tO amend and reordain Section ~25000, "Schools - Special Purpose Grant," of the 1973-74 Appropriation Ordinance, and providing for an emergenc~. (For full text of Ordinance~ see Ordinance Book J39~ Page 96.) Mr. Llsk moved ~he adoption of the Ordinance. The motion was second~ by Mr. Thomas and adopted by the following votez AYESt' Messrs. Garland~ Hubard~ Liskw Taylort Thomas~ Trout and Mayor Webber ..................................... 7. NAYS~ None ............................0. COMPLAINTS: A petition signed by 17 members of the Adult Bible Study Class of the Trinity ~vangelical Lutheran Churcht complaining of the massage parlors ~n the Wllliamson Road area and calling upon Council to adept a militant stance in taking such action as will rid them of the massage parlors~ was before the bo~y. with further reference to the ~atter~ Mr. J. T. Clevenger appeared before Council and presented a petition signed by 123 members of the Grece Untte~ Methodist Church also ¢omplain~ng a~out the massage parlors in the Wllliamson ~oad area. Mr. Dwayne Ingold, 3544 Courtland Road, N. W., appeared before Councll and requested that action on the matter be delayed until W~lliamson Road residents can collect names on a petition in opposition to the massage parlors. Mr. David Helmet representing the Trinity gvangellcal Lutheran Church appeared before Council and advised they are concerned with what may or may not be going on in the Wllliamson Road area relative to the massage ~arlors and asked if some type o~ ltcenetn9 ~est could be /mpose~ on the massage parlors s/nee a health matter is involved. Mr. Trout moved that the matter be referred to the City Manager for investigation and report to Council. The motion was seconded by Mr. Lisk and unanimously adopted. LAND~L~/~K~= A co~un£catlon from Mr. Junlus R. Fishbur~e, Jr., Executive Director~ Virginia Historic Lanclmarks Comm/ssion~ advising that the Landmarks comm/ssion is interested in having ~uena Vista, a house which is a notable example of Greek Revla! architecture as well as being an ~mposing antebellum plantation house within the oity 1/mits, placed on the Virginia Landmarks Register and nominated to the National Register of Historic Places, was before Council. Mr. Thomas moved that the matter be referred to the City Planning Comm/ssion for study, report and recommendation to Council and to the City Attorney for preparation of the proper measure. The motion was seconded by ~r. Trout and unanimously adopted. SI~EE?S AND ALLEYSz An application from H~o Frank K. Saunders, Attorney, representin~ Roanoke Hospl~l ~s~la~lon~ recessing ~a~ ~a~ ce~ potion of Old H~l~n TeF~ace~ S. E., ex~end~g f~om ~e p~esen~ ~eloca~ sou~e~ly s~de o~ H~l~on Te~ace~ S.. E. ~ In a sou~eFly direction be vaca~ed~ dls~n~ued and closed~ vas ~fo~e ~. Ga~l~d offered ~e roll.lng ~solution ap~lnting viewers in co~ection ~1~ ~e (!11324) A ~SO~ION providing fo~ ~e ap~ln~nt of ~ee viewers tn co~ectlon ~1~ ~e application of M~oke Hospl~l ~soclation to vacate, discontinue md close ~at cer~ ~lon ot old H~lton Terrace, S. ~tend~ [r~ ~e present relocated sou~erly side of ~lton Terrace, S. E. ~ a sou~erly direction to its ~tersection ~1~ ~e p~es~t no~erly side Bellevtew Avmue, S. E. (For full text of Resolution, see ~solution ~k [39, Page ~. Garl~d ~ved ~e adoption of ~e Resolution. The ~tion was seconded by ~. Th~s ~d adopted by ~e roll,in9 vote: AYe: Messrs. Garland, H~ard, Lisk, Taylor, Th~s, Trout ~d ~or Webbe~ ................................ 7. ~YS: None ....................... 0. ~. Garl~d ~ ~ved ~at ~e appllca~ioa be referred to the City PI~g C~ssion for study, ~eport ~d rec~endation to Co~cil. The ~tlo~ was seconded by ~. Lisk ~d ~usly adpted. S~TS ~ ~S: ~ application f~m ~. Alex A. Waldrop, Atto~ey, repres~tin9 ~. ~arlie E. B~e, et ~., re~estin9 ~at ~ ~used alley approx~tely 12 fee~ ~ wid~ located width Block 9, ~p No. 2, Bast Gate A~di~on, ~ ~ a westerly direction 235 feet, ~re or less, fr~ ~e west side of Yeager Argue, N. E., be vacated, discont~ued and closed, was ~fore Co~cll. Dr. Taylor Offered ~e foll~ing Resolution ap~lnting viewers in co~ection wl~ ~e re,est: ($21325) A ~SOL~ION pro~id~q for ~e appoin~ of five persons, ~y ~ee of whom ~ act, as viewers ~ co~ecttoa wi~ ~e appllca~ion of ~arlie E. B~e ~d Phoebe J. B~e, hushed ~d ~ife, 2o pe~ently vacate, dis- continue ~d Close a ceftin ~op~ed ~d ~used alley approx~tely 12 fee2 wid~ ~d ~9 ~ a westerly dizection 235 feet, ~re or less, fzom ~e west side of Yeager Av~e, N. E., ~d ly~q be~e~ ~e sou~ bo~d~ of ~ts 13, 14, 15, 16 ~d 17, Block 9, ~p No. 2, East Gate ~ditio~, ~d ~in9 respectively Official T~ N~rs 3341107, 3341108, 334119~, 3341110, 3341111 ~d 3341112, as sh~ on ~e Official ~praisal ~p of ~e City of ~oke, Virginia. (For full text of Resolution, see Resolution Book [39, Page 443 444 Dr. Taylor ~oved the adoption of the Resolution, The motion was seconde~ by ~ro Trout and adopted by the follme:Lng Voter AYBS~ Hessrs. Garland, Hubard, Llskw Taylor~ Thc~as~ Trout and Hayer Webber ................................... ?o NA¥St Reno ......................~---0° Dr. Taylor then moved-that the application be referred to the City Planning Co~mission for etudyw report and recon~uendation to Council. The was seconded by Hr. Trout and tmun~mously adopted. I~PORTS OF OFF1~CERS~ TRAFFIC: Council having referred to the City Manager for study, report and reeon~nendatlon a co~nunicatlon from Mr. J. Granger Macfarlane relative to the traffic situation at the South'Jefferson Street - HuClanahan Street lntersec the City H~nager suhn~tted a written report advising that two studies of this intersect/on have been made within the last six months~ that during the month of August, 1973, the Traffic Division initiated a study of conditions at the intersection of HcClanahan Street, Yellow Hountain Road and South Jefferson Street, that problem areas were identified By the first of these studies and a high traffic count noted, that these problems appeared to justify the installatioz of traffic signals at this intersection, that as the traffic volumes measured were extraordinarily high end as it was felt that construction of the Southwest Expre2sway and its i~mu[nent opening could have the effect of bringing relief to this situation, a reco~-ndation was delayed until the circumstances could he restudied after the opening of the Southwest Expressway to Fra~lklin Road, that the latest study was made during the first week of January and although it lndicatel a twenty per cent decline in traffic volumes on South Jefferson and McClanahen Streets with a subsequent reduction in accidents, justification still exists for the installer/on of a traffic signal at this location, that it is enticlpated that the traffic signal heads currently installed at the inter- section of Franklin Road and Brandon Avenue can be salvaged and utilized at this intersection; however~ a new centroller~ appurtenences and the construction of these traffic signals should be accon~llshed by contract, that it is eAt/mated that a sum of $8,000.00 will be needed for this purpose, that as the availability of these traffic sig~al heads is still several ~nonths away, it is recommended that Council concur in the installation of a traffic slgnal at this locatlon~ however, funds for this installation should be included in the 1974-75 budget proposal for funding in that budget cycle. Mr° Lisk moved that the report be received and flied. The motion was seconded by Mr. Thomas and unan/~nously adopted. ANNEXATION-CONSOLIDATION: The City M~nagor submitted a written report advising that on November 27, 1973, Mr. William M. Zollman, Jr., of Hayes, Seay, Mattern and Mattern, Architects and Engineers, informed him that the city's annexation attorneys were again requesting various services of that ion, ti fire with regard to pending annexation p~oceedings, that it would eppea~ that the City of P~anoke in the near futwre ~ould renew cotwt proceedings with respect to annexation of all or port_tuns of P~anoke County~ that du~lng the previous couzt p~oceedings the City of Roanoke utllised the consulting se.ices of Hayes~ Seay, Hatteml and Hatte~n to perfom such professional sctivities as were within their capabllltles~ that these services were provided under the pro- vlstone of a con,Fact proposal s~ttted In O~tobert 1955t and approved by former Hayer Benton O. Dlllard~ that a more cuxrent document is needed, that it has been argued that becuase of the c0nplexity of.these services and because of the indeterz~Lnate aspects of the scope of these professional services the contract might be difficult to preparer that it is felt that consulting se:vices of this scope and nature should be covered by so~e docu- ment so as to authorize the expenditure of funds, and, as a result, an updated agreement was solicited and has been provided by Hayes, Seay, Mattern and Hattern, that contracts for other professional services such as accounting and legal services should follow the same procedure and the City Attorney indicates that he has obtained such a proposal from the city*s annexation attorneys, that by letter dated January 4, 1974, Hayes, Seay, Hatterll and l~attern has provided current payroll costs and pertinent data from which payments ca~ be made, that it is proposed that Council authorize the City Hanager to sign this agree/~nt with Hayes, Seay~ Mattern and Mattern for their consulting services, the basis of pa!rm~nt to be on a payroll multiplier for services which is similar to the 1965 proposal under which the city Operated in the past and that the revised agreements would provide the City Ma~age~ with a basis for approval of payment for service. Messrs. Lisk, Thorns% Hubard and Mayor Webber expressed the desire to have some t~pe of estimate in 'the beginning as to the expected cost of the liti- gation. After a discussion of the ~tter~ Mr. Trout moved that action on the report of the City Manager be deferred ~lltil the next regular meeting of Cottncil, on Monday, February 4, 1974, and that the City Manager be requested to furnish Council with a cost estimate as to engineering, accounting, and legal services for retrial of the annexation case. The motion was seconded by Dr. Taylor and unanimously adopted. PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT= The City Manager sub- mitted a written report recommending that Council confirm the appointment of Mr. John A. Newson as Manager of Parks and Recreatien. Dr. Taylor moved that Council concur in the report of the City Manager and offered the following Resolutlon= [[21326) A RESOLUTION confirming the City Manager*s appointment Of John A. Newson as Manager Of the Department of Parks and Recreation, in the administrative service of the City of Roanoke. (For full t~xt of Resolution, see Resolution Book ~39, Page 99.] :445 446 D2:, TayXor moved ~he adop'~ton of the Resolution, The motion ',;as seconded by Hr, Llsk nd adopted by ~e ~oll~g ~tez A~ Messrs. G~l~d~ H~d~ Llsk~ ~ylor~ Th~s~ ~out ~d ~yor Weber ............................... 7. ~YS~ N~e ...................... 0. B~-S~ ~ S~ D~INS= The City ~ager s~itted a ~tten re~rt re=~nd~ng ~at Co~c~I, by Ordln~ce, au~orAze paint of ~0,600.00 to ~heA~e W. ~d N~ L. Hayes ~n orde= for ~e c~ty to p~chase l~d 4330718~ needed for ~e e~s~on of ~ Water ~ea~nt Contro~ Plant. ~. Th~s ~ved ~at ~c~ c~c~ ~n ~e rec~endat~on of the C~ty ~ager ~a offerea ~e foll~g ~rg~ OrdKn~ce appropriating $10,600.00 to ~tlay from Rev~ue~u of ~e 1973-74 Sewage Trea~nt F~d Appropriation Ordinance ~ (J21327) ~ O~I~ to ~d ~d reorda~ Section J450) USewage ~ea~ent Cap~ ~tlay f~ Rev~ue,u of ~e 1973-74 Sewage Trea~nt F~d Appropriation Ord~ce, ~d p~vid~ng for ~ ~ergency. (For full text of Ord~n~ce, see Ord~n~ce ~k J39, Page 99.) ~. Tho~s ~ved ~e adoption of ~e Ord~n~ce. The ~tlon was seconded by ~. Garl~d ~d adopted ~ ~e fo~l~g ~te~ AYES= M~ssrs. G~rA~d, H~ar~, L~sk, Taylor, Tho~s, Trout ~yor Weber ............................... 7. ~YS= Non~ ...................... o. ~. Tho~s ~ off, red ~e fo~ng ~ergency Ord~n~ce au~oriz~g p~chase of ~e (J21328) ~ O~I~ exerc~s~g ~e r~ht to p~chase ~ts 5 ~d 18, Bl~k 5, Eastover Place ~p ~n ~e C~ty of Ro~oke, Virginia, adjacent to exist- ~g p~perty of ~e C~ty of Ro~oke ~ ~e Sou~east ~rt~on of ~e c~ty, upon certa~ te~ ~d prov~slons~ p~v~d~ng for notice of ~e Cityes exercise of sa~d p~chase option~ providing for pa~t of ~e p~chase price thereof upon delive~ of a deed to ~ergency. (For full text of Ord~ce, see Ord~ce ~ok J39, Page 100.) ~. Th~s ~ved ~e adoption of ~e Ord~n~ce. ~e motion was second~ by ~. L~sk ~d adopted by ~e foll~ng vote: A~S: Messrs. Garl~d, H~ard~ L~sk~ Taylor, Th~s, Trout ~d ~yor Webber ...............................7. ~YS = None ......................0. ~USES= ~e City ~ager s~tted a ~itten re~rt tr~tt~ng copy of a co~ca~on fr~ ~. J. W~st~ Stye, Pres~dent~ Ro~oke City Lines, Incorporated, advising that the bus company ¥ould like to have the same ~onthly payment of $14~000o00 to ~nt~ue bus o~raticns fo~ ~e ~n~ ~, 1974, ~h s~ adJ~h ~lll prob~ly have to be ~de ~gi~ing in Feb~ ~d a~vis~g ~ah ~t.~uld ~ to ~e ~efit of the c~t~ to ~7~900.00 to Fees for P~fessional ~d Special Se~ces ~der Section 196, 'Tr~s~r~on,' o[ ~e 1973-~4 bud3et to p~vide suffici~t f~ds to s~sidize ~oke Clt~ L~es fo~ ~e ~n~.of ~ua~ (~21329} ~ O~l~ to ~d ~d zeorda~ Section ~96, of ~e 1973-74 Appzovriation Ord~ce, ~d pzovidinq for ~ ~zqency. (For lull text o[ Ord~ce, see Ordin~ce ~k S39, Vaqe ~. G~l~d ~ved ~e adoption o[ ~e O=din~ce. The ~tion vas seconded by ~. T~s ~d adopted by ~e fo11~ vote= ~yor Weber .................................. vl~ ~e ~ans~z~tlon Study C~t2ee to discuss ~e future direction bus tr~s~r~tton in ~e City of Ro~ok~. After a discussion as to ~e ~ssible increase in the ~n~ly s~sidy paid by ~e City of ~oke ~ ~oke C~ty Lines, ~. Garl~d ~ved ~at ~e C~ty Atto~ey be ~ns~cted to ~rep~e ~e proof measure extend~g ~e con~act wi~ Ro~oke City Lines ~1 J~ 31, 19~4. The motion was seconded by ~. H~ard ~d adopted, ~. Lisk ~t~g no. ~ter d~ing ~e ~et~g, ~. Garl~d offered ~e foll~ing ~rgen~ Or,in,ce providing for pa~t by ~e City to Ro~oke City Lines, Xnco~rated, of cer~n s~ for ~e ~n~ o~ Janua~ ~d Feb~a~, 19~4~ {~21~30) ~ O~CE ~nd~tional~y ~ding ~aragra~hs {~] ~d (~5) of ~e contract dated Au~st 1, 1951, betwe~ ~e City o~ ~anoke ~d ~oke ~ilway a ~lec~lc C~y ~d Safety Hotor Tr~sit Co,ration, relating to p~lic bus ~s~r~tion, so as to provide for pa~t by ~e C~ty to ~oke C~ty Lines, Inu., of ceftin s~ for ~e ~n~s of ~ua~ ~d Feb~a~, 1974~ ~d providing (For full text of 0rdin~ce, see Ordin~ce ~k ~39, Page 101.) ~. Garl~d ~ved ~e adoption of ~e Ordin~ce. The ~t~on was seconded by ~. Th~s ~d adopted by ~e foll~ing Webber ................................... 6. ':447 %228 BUDGKT-~OLICB DEP~RTH~NTZ The Ci~y ~8geF ove~ acco~ ~ ~e ~olice Dep~ vas $891.60~ of e~es foF ~o bal~ce of fiscal ~e~ 1974~ base~ on ~e presen~ ~lic~ ~ond ~e elghk ho~ ~1~ ~ fo~ LncLd~s ~e~irLng call-back se~/ces, ~k ~ ad~ikion, e~n~ik~es of $4,800.00 overk~ a~e of ~e Rec~eabion Dep~es supe~ise~ baske~all progg~ which $s ~usb ~gi~g ~ ~ec~ding ~a~ ~10,000.00 be app~op~lake~ fo~ the p~o]ec~ed ~. Troub ~ved ~b Co~cil conc~ ~ ~e gec~en~abion of the City ~nager~d offered ~e foll~ing ~rg~ Ordin~ce appropriating $10,000.00 to ~t~ ~der Section %45, =Police~' of ~e 1973-74 budget= ([21331) ~ O~l~ to ~d ~d reordain Section ~45i =Police,~ of ~e 1973-74 Appropriation Ordin~ce, ~d providing for ~ ~ergen~. (For full text o~ Ordin~ce, see Ordinance ~k %39 Page 103.) ~. ~out ~ved ~e adoption of ~e Ordin~ce. The ~tion was second~ by ~. Lisk ~d adopted by ~e foll~ing vote~ A~S= Messrs. Garl~d~ H~rd, Lisk~ Taylor~ Tho~s~ Trout ~yor Weber ................................... 7. ~YS= None ........................... B~-POLICE DEP~T= The City ~ager s~tted a ~itten re~rt conc~ring ~ ~e reco~dation of a c~ttee ~at ~a pro,sa1 of lnte~ational H~ester C~y for f~ishing a utility t~e vehicle for use by ~e Police Depar~t, ~ ~e ~t of ~3,675.00, be accepted, and ~at ~ additional $125.00 ~ appropriated by Co~cil for this pu~ose. Dr. Taylor ~v~ ~at Co~cil conc~ ~ ~e reco~endat~on o~ ~e City ~ager ~ offere~ ~e follower ~erg~cy Ordin~ce appropriating $125.00 to Vehicular E~pment - Replac~t ~er Section ~45, 'Police,~ of ~e 19~3-74 budget= (~21332} ~ O~ to ~ ~ reor~ain Section %45, 'Pollce~~ of ~e 1973-74 App~priat~on or,in,ce, ~ providing for ~ ~ergency. - (For full ~t of Or~ce, see Ord~ce ~ok %39, Page 103.) Dr. Taylor ~ve~ ~e adop~on of ~e Ord~ce. The ~t$on was Seconde~ by ~. Tho~s ~ a~opted by ~e foll~ng A~S= Messrs. GarliC, H~ar~, Lisk, Taylor~ Tho~s~ Trout ~yor Webber ..................................... ~YS= Non~ ............................ 0. 449 BUI~iET-pOtlC~ DI~TMI~IT~ The City ~tanager' submitted the [o11~ In co~ec~ ~ ~e ~eplac~nh o~ cer~n ~llce vehlcles~ Hono~le ~yor ~d C~ty ~cil ~oke, ii,gala , ~e ~ b~get p~vlde~ for l5 ~eplac~t $55~600.00. S~ce ~e adop~on oi ~e ~r~t b~get~ ten.ce ~ve eval~ted ~e ~lice vehicles ~df~d There are eight ~lica.vehlcles, ~ addltl~.~ ~ose bud- get~ fo~ ~eplac~nt~ vhich ara cost~g ~a City ~ exces- sive ~ for ~int~ce. ~ese eight v~lcles have cos2 ~e City $18,559.94 fo~ ~t~ce~ excludin cost of q~s ~d oil, plus $7,112.12 for repairs due ~ecks. ~e ~ager of ~r V~lcle ~int~ce Division ~s est~ted ~t it ~ill ~st ~ additional $20,824.~1 to ~ln~in ~ese eight vehicles for ~elve ass~g that ~ey ~uld ~ replac~ tn fiscal ye~ 74-75. ~l~ ~fo~on, It ~as decided ~ ~eques2 optional bids for eight additional ~epla~n2 vehicles ~d to ~ls ~fo~tion to City Co~cil vl~ a fecundation ~ City Co~cil consider au~oriz~q ~ese replac~en~ vehicles at ~ additional.cost of ~29,618.24. ~ough ~is so.ds like a la~ge ~endit~e, ~h~ ~e ~tictpated cost to min~ ~ese vehicles ($20,824.71) is considered, ~e savings to ~e City is ~re_app~t. I~ ~uld be ~ec~ded ~at City Co~cil concur in ~e c~ttee re~2 ~d a~ard ~e con.ac2 to ~o~rs ~d ~at City Co~cil [~er appropriate $29,618.24 ~llce vehicles. S/ Byron E. H~er C~ty 'January 28, 1974 To the Roanoke City Council Roanoke, Virginia Gentlemen= On Wednesday, Ja~nuary 16, at 2~00 p.m., bids ware received and opened bsfore the undersigned ccunmittee for 16 new City police cars with an option to buy up to eight additional vehicles. This equipment is to be utilized by the City Police D~part- ment as 15 replacement vehicles for their existing patrol cars and one additional patrol vehicle. ' These items have been included ~n the Police Depar~t budget, Department Code 45, Obiect Code 360 ~n the amount of $3,550 each for a grand total for 16 vehiclss of.$55,800. A ~otal of six companies were notified.. Of that number five responded with .five s-hmitt~ng bids. Bid tabulation is attached. The low bid as submitted by AntrUm Motors has taken exception to three items in the specifications. These three items are: 1. Exception to cubic inch displace~nent - Antrlm Motors bid is for 400 cubic inch. Specifica- tions were for 350 ~L~nim~ to 360 maxJ~mu~. 2. Exception to tires - Antrim Motors bid is for GT0 x 15 B.S.W. Fabric Belted ~adial Police Special. Specifications ware for GR78-14 (Load ~ange B) Steel Bel~ed P, adial, or equlvalent. · 3. ~xcePtion~to:svitch,for,.siren:*~:AntrLn P..otore bid to be mounted left of steering colunn only. Specif/catAon8 ware. enargency llghf] .~and ~ sirens - - for both marked and~t,~ked v~hlclee shall be e ltoggle tlq~ m~ltch dash ~ounted on each vehicle n a position to be designated by the Hana~er Hotor Vehicle Haintenance at the,Roanoke City-' Garage. - The bid com~t~ee has made a careful determination.of the Clty°s need ~ncluding contacting ~eM~ere of the Roanoke City Police Department: as~ ~o' the. adequacy_of, these vehicles for the department! s: needs, .. It. Is; this c~m~!ttee ! · recomaenda- tion ~hat It ls.~n~the.best interest of .the.city .~hat tim low bid as.eubmittedby Antr~ Hotore be accepted, It i8~ also.this.comaAttee!$ rec(mmenda~ton that the CltySs option to purchase up to eight additional vehicles be exercised and ~hat the City purchase the total of 24 automobiles at a purchase price of $86~418.24..' Funds of $$6,800 a~ein ~he Police lMpart~ent budget. We recommend that Council appropriate $29,618.24 to the Police D~partnentbudget, Depart~n~nt Code 45~ Ob3ect Code 350. ~he additional vehicles ~lll replace vehicles presently tn use by the police Depart~nent for pa~-rol and the 23 vehicles replaced will be sold at ~he City auction sale that is scheduled for the future. Respectfully sub~ttcd, S/ B. B. Thompson S/ Richard B. Bue£ord B. Thc~pson Richard B. Turpin~ Chairman Purchasing Agent Director of Public ~orks S/ Kit B. Kiser Kit Kiser Director Of Utilities and Operations' Mr. Trout moved that Council concur in the reco~endation of the City Manager and offered the followlng e_~ergency ordinance appropriating $29,618.24 to Vehicular Equi~--ent - Replacement under Section %45, 'Police,~ of the 1973-74 budget, to provide necessary funds for purchase of the eight additional ~olice cars: (J21333) AN O~DINANCE to amend and recrdain Section %45, 'Police, of the 1973-74 Appropriation Ordinance, end providing for an emergency. (For full text of Ordlnance, see Ord~ce Book ~39, Page ~04.) Mr. Trout moved the adoption of the Ordinance. The met£on was seconded by Mr. Lisk and adopted by the following vote= AYES: Messrs. Garland, Hubar~ L~sk~ Taylor, Thomas, Trout and Mayor Webber ............................... ?. ~UDGET-WATER'DEPA~TMENT: The City Manager subm/tted a written report requesting that $3,000.00 be transferred fr~ Personal Services under Section %290, ~Water - Distribution and Transmission,~ to Terminal Leave ~nder Section %330, 'Water..- Ter~inal L~ave,' of the 1973-74 Water Fund Appropriation Ordinance to brovide funds for the remainder of the ~scal year. Mr. Tho~a~ ~ved that Council concl/r ~n the request of the City Manager and offered the following emergency Ordinance= ii {%21334) ~ ORDI~t~CE to a~nd and reorda~n Section 1290, 'Water - D~s~lbut~on ~d Tr~slon,' ~d Sect/on ~330~ 'Water - Te~nal ~ave~' of ~e 1973-74 Water ~ ~p~pr~atton Ordln~ce, ~ provid~g for ~ ~rg~cy. (For full text o~ Ord~ce, see Ord~ce ~k [39, Pa~e 104.) ~. Th~s ~ved ~e adop~ln of ~e Ordin~ce. The ~tion eeconded by ~. Lisk ~d adopted b~ ~e foiling vote~ A~ Hessrs. Garl~d~ H~ard~ ~sk~ Taylor~ Th~s~ Trout ~d ~yor Webber ................................. ~YS ~ None ......................... 0. ~CIL-S~ OF PROPE~= The C~ty ~ager s~tted a written re~rt r~est~g ~at he be grated a short executive session ~rs of Co~cil to d~scuss a ~tter of real estate. ~. Trout ~ved ~at ~cil conc~ ~n ~e re~est of the C~ty ~ager for the executive session. The ~tlon was seconded by a~o~ted by ~e following vote= A~S: Nessrs. Garl~d, H~ard~ ~sk, Taylor~ Th~s~ Trout and Nayor Webber ................................. ~YS ~ None ........................0. ~UNCIL-S~ OF PROPER~ The City Attorney s~tted a wr~tt~ re~rt r~est~g ~ executive session w~ ~e ~ers of Cocci1 d~s~ss cer~in ~tters pending ~n l~tlgation ~d o~ers in,lying negotiations for ~e p~chase of real ~. T~ut ~ve~ ~at Co~c~l conc~ in ~e re~est of the C~ty Atto~ey for ~e executive session. The ~t~on was seconded by adopted hy ~e fo~ow~ng vote: AYe: Messrs. Garl~d, H~ar~, L~sk, Taylor~ Tho~s, Trout ~yor Webber ............................. ~YS: None .................... ~. BU~-T~U~R~ The C~ty Aud~r s~tted a written report recording ~at ~e ch~ge f~d ~n ~e Off~ce of ~e C~ty Treas~er ~ncreased fr~ $4,0~0.00 to $~,000.00 due to ~e tr~endously vol~e of business ~ ~t office. ~. Trout ~ved ~at Co~cil conc~ ~ ~e reco~endat~on of City Auditor ~d offered ~e foll~g ~rg~ Ordln~ce appropr~atlng $~,000.00 to Ref~d Accosts ~er Section %91, 'Non-~p~ental,' of 1973-74 budget= (%21335) ~ O~I~CE to ~d ~ reorda~n Section %9~, 'Non - ~par~l,' of ~e 197]-74 ~propr~at~on Ord~ce, ~d prov~g for ~erg~cy. {For fu~l text of Ordinance, see Or~ce ~ok ~39, Page 105.) '::451 HZ. T~out: moved the adoption,of.~.h? o~d~nanceo ~he motion A~s ~essrs. Garl~d~ H~d~ ~ Taylor~ ~s~ Trout ~d ~YSt N~e ........................ ~ORTS OF FI~ D~-~ORT: The c~ttee ap~lnted for ~e p~se of ~ulat~g bide received for ~e cons~ction of a f~rehouse at ~oke M~icipal (W~) Ai~rt s~tted ~e following re~rt reco~end~ng ~at ~e pro~sa~ of Thor, lnco~rated, ~ ~e ~t of $406,000.00, accept~ condit~oned u~n F~ approval of ~e con~act ~d s~ttal of appropriate Gr~t ~re~nt to ~e c~ty by ~e F~, ~d tr~s~tting fur~er rec~da~ons wi~ regard to ~e ai~rt= Honor~le ~yor ~d City Co~c~l Ro~oke, Virginia ~tl~n = After proper advertis~nt, bide were received by ~e C~ty Clerk, o~ed ~d read ~fore City Co~cil at ~ts re,far ~et~g on 3~ua~ 7, 1974~ for ~e cons~ct~on of a F~re- house to ~ located at ~e ~oke H~lcipal Alert. Five bids were receive, as sh~ on ~e at~ched bid tabu- 1at[on, w~ ~e 1~ bid ~g s~tted by Thor, Inc., ~oke, V[rg~ia, ~ ~e ~t o[ $406,000.00. The to~l project cost, based on ~e 1~ bid, ~d including ~g~eering, legal, fiscal, a~is~ative ~d con~gency f~ds, ~s est~te~ at $441,000.00. The F~ has advised t~vely ~t ~ey c~ participate ~ ~is project ~n ~e ~t of 75 ~rc~t oE 85 perc~t of ~e p~ject cost, (t~vely $281,137.50), wi~ ~e City pay~g ~e re~n- ~g $159,862.50. The C~ty~s cost ~ w~n ~e $210,000.00 previously appropriated to ~s project. It is reco~ded ~at City Co~cil award a con~act to Thor, Inc., ~ ~e ~t of $406,000.00, cond~tioned upon F~ approval of ~e con,act ~d s~t~l of ~e appropriate Gr~t Agre~t to ~e City by F~. It Is receded ~at ~e City ~ager be au~or[zed to f~le a fo~l p~ject applica~on for Federal ~d for ~velop- merit o~ P~lic ~rt~ w~ F~ for gr~t assist~ce in ~e ~t o~ $308,294,64. Th~s ~t of $308,294.64 ~s ~e to~l for ~e Fire ~d Rescue Building ~d ~e recons~ct~on of ~e easterly potion of ~e SOU~ ~. It is rec~nded ~at suff~c~t add~onal f~ds ~ appro- priated to ~is project accost to cover ~e tota~ cost, ~ ~ticipation of receiv~g ~e F~ gr~t, in ~e ~t of $247,209.00. It is fur~er reco~ded ~at all o~er bids received be rejected. ~spectfully s~tted, S/ By~n E. H~er S/ S~ H. M~hee, Byron E. H~er~ ~ai~ S~ H. McGhee~ III S/ ~rshall L. Harris S/ C. C. Ho[t ~rshall L. Harris C.C. Holt' 453 Also wl~h reference to t~e al~port~ ~e ccanittee appointed for ~e p~se of t~at~g bids received foF ~e re~ns~ction o~ ~e sou~ r~ at ~oke H~tctpal (~) A~F~ s~t~ roll.lng ~e~t re--ding ~at ~e pro~sal of a. ~ S. ~nst~ction ~y~ In ~e ~t of ~29~917.95~ ~ accepted conditioned u~n approval of ~e con.acted 8tt~l[~[ o~ ~ approp=iate GF~t Ag~e~nt ~e city by F~ ~d t~tt~g ~ fu~er ~eco~ndationa 'a~ua~ 28~ 1974 Honorable ~or and Ctt~ Co~cll ~oke~ Alta= p=o~ adve=tis~ent~ bids ~ere ~eceived by ~e City Clerk, opened and read ~[ore City ~cil at its ~egular ~eting on ~ua~ 7, 1974, fo~ ~e recons~ction of ~e easte=ly ~rtion of ~e Sou~ ~ at ~e ~oke H~icl- Fo~ bids ve=e received~ as sho~ oa ~e attached bid tab- Const~ction C~p~y~ Ro~oke~ Virginia~ in ~e ~ ~29~917.75. The total pro~ect cos~ based on ~e 1~ bid~ ~d including enginee=ing~ legal~ ~iscal~ a~nis~ative ~ contingency f~ds~ Is est~ted at $36~209.53. The F~ has advised ~e ~t oi 75 ~rc~t of ~e pro~ect cost~ (t~tatively $27,157.14), ~ith ~e City paying ~e ~in~g ~9e052.39. · he CityOs cost is ~i~in ~e ~20~000.00 p~evlously appro- 1~ is rec~nde~ ~at City ~cil award a contract ~nditioned upon F~ approval of ~e con~ac[ ~d ~l oE ~e appropriate Grant Agre~en~ to ~e City by Ii is rec~ended ~at the City ~ager be au~orized file a fo~l pro~ect application fo~ Federal Aid ~e ~ oi ~308.294.64. ~is ~ oi ~308~294.64 is ~e to~l for ~e Fire ~d ~scue Building ~d ~e recons~ct[on of ~e easterly ~rtion of ~e Sou~ ~ ~s rec~e~ ~at suff~c~t ad~ona[ f~ds be appropr[ate~ to ~[s pro~ect accost ~o cover ~e to~[ p~]ect cost, ~n ~t[c[~''ion of rece[v~g ~e F~ gr~t, ~ the ~t of $247,209.00. it is fur~er reco~en~e~ '~at all o~er bids rece[ve~ rejectS. ~s~ct fully s~tted, S/ Byron E. H~er S/ J~es O. ~out S/ S~ H. McGhee, [ZI S/ ~rshall L. Harris S~ H. Mc~ee~ III ~rs~ll L. Harris S/ ~arles L. Gutshall 454 Mr. Trout moved that Council concu~ in the reports of the comnlltteee and offered the following e~ergency Ordinance appropriating $247w209.00 to Northwest Fire Station under Section %89w "T~ansfers to · Capital Improvements Fund," of the 1973-74 budgets -. (~21336) AH ORDIHA~CE to amend and reordein Section ~89, 'Transfers to Capital Improvements Fund,u of the 1973-74 Appropriation Ordinance, and providing for an emergency. (Pot full text of Ordinance, see Ordinance Book Jig, Page 105.) Hr. T~out moved the adoption of the Ordinance. The motion was seconded by Br. Taylor and adopted by the following vote: A~.* Hessre. Garland, Hubard~ Llsk~ Taylor, Thomas, Trout and Hayor Webber .............................. 7. HAYS: None ..................... 0. Mr. Trout then offered the following Resolution authorizing and directing the city Hanaper to execute and file with the Federal Aviation Administration requisite application for federal aid under the Federal Airport Act to assist the city in accomplishing certain necessary improvements for development of Roanoke }{unicipal (Woodrum) Airport: (921337) A RESOLUTION authorizing a~d directing the City Manager to execute and file with the Federal Aviation Administration requisite application for Federal Aid under the Federal Airport Act to assist the City in accomplishing certain necessary improvements for development of the City's Roanoke Municipal (Woodrttm) Airport, to-wit: constr~etlon of a fire and rescue building and reconstruction of the easterly portion o_f. the south ramp at said Airport; and, tn so doing, to make certain assurances to the United States. (For full text of Resolutlon, see Resolution Book %39, Page 105.) Hr. Trout moved the adoption of the Resolution. The motion was seconded by Mr. Ltsk and adopted by the following vote: AYES: Hessrs. Garland, Hubard, Lisk, Taylor~ Thomas, Trout and Hayor Webber .................................. ?. . NAYS: None ......................... 0. WATER DEPARTMENT: Council having referred to a committee for tabulation, report and reco~endation the bids received for the painting of the interior and exterior oi a water storage standpipe known as the Carroll Avealue Tank, the committee submitted a written report reco~nunding that the proposal of Virginia Tank and Steel Service Companyw in the amoent of $22,548.13, be accepted. In this connection, the City Manager submitted a written report advising that he concttrs in the reco=~endation of the committee. Mr. Trout moved that Councll concur in the recommendation of the committee and offered the following emergency Ordinance: .! (t21338) ~ OP~I~CE avarding a con~:act for painting and related ~no~ repair ~k of ~e ln~lo~ ~d ex~lo~ o~ a ceftin 2~000~000 gallon steel s~age st~dplpe ~ as ~e ~rroll Argue (Fo= full tex~ of O~din~ce, see O~d~ce ~k ~. T~ut ~v~ ~e adoption of ~e Ordin~ce. ~e ~tion was seconded by ~. 6arl~d ~d adopted by ~e foll~ ~yor ~ebbe= ..................................... T~FIC~ The ~oke Highway Safety Co~ssion s~t~ed a re~t ~an~tt~ a sm~ of its activities for ~e calenda= yea~ 1973. Dr. Taylor ~ed ~at ~e =e~t be received ~d filed. The wtion ~as seconded by ~. Lisk and ~usly adopted. prepare ~e proper ~as~e ~ging sup~rt by ~e cityts representatives ~ ~e G~eral ~s~ly for ~n~t to ~e Virginia ~ea ~velopment Act of 1968, as ~ded, to provide for ~n~ a~ual grits from the Co~n- weal~ to ~e several P~g Dis~ct ~sslons of $50,000.00~ he pre- s~ted s~e~ whereu~n, ~. Th~s offered ~e roll.lng Resolution: (J21339} A ~SO~T~ON urg~g support by ~e ~neral ~s~ly for ~t to ~e V~rg~ia ~ea ~velopm~t Act of 1968, as ~ended, to provide for ~ ~ual grits from several Pl~g Distr~ct C~ss~ons of $50,000.00. (For full text of ~solu~on, see ~solut~on ~ok %39, Page 108.) second~ by ~. T~ut ~d adopted by ~e foll~ing ~yor Webber ............................... S~T ~S: Co~c~l having d~rected ~e C~ty Atto~ey of Gr~din ~t, for p~lic s~eet p~ses ~d n~g s~e a ~rtion of foll~ing Ord~ce ~ placed u~n ~ts first read.g: (%21340) ~ OP~I~ dedlcat~g ~t 10~ Block ~p of Gr~din ~urt, for p~lic street p~ses; 455 z 56 ~I~R~AS, the¢lty heretofore acquired Lot 10, Block ?, according to the Hap of 6rand~n Court and has e~nca ~nproved said lot b~ constructing thereon a public street from the northeast line of Cullford Avenue~ S. Wo, to the south- east line of an existing alleyl and WHEREAS, the City Planning __~w_!ssion, after study of sa~e, has recom- mended that said new street be named Lofton l~oad, S. W., the same constitutkng an extension thereof. TH~P. EFORE, BE IT ORDAIHED by the Council of the City of Roanoke '.-hat Lot 10, Block 7, according to the Hap of Grandin Court, heretofore acquired by the City fro~ Lottie F. Stewart, unmarried, b~ deed dated April 24, 1970, of reco~d in the Clerkte Office of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 1274, atpage 60, said lot lying on the northeast line of Guilford Avenue, S. W., and to the southwest of an existing alley, be and the same is hereby dedicated for public street purposes. BE IT FURTHER ORDAINED that said new street be hereafter known as an extension of Lofton Road, S° W° BE IT FINALLY ORDAINED that the City Engineer be, end he is hereby directed to cause the above street name to be appropriately noted on all maps and plats lodged in his care~ that the City Manager be and he is hereby authorized to cause the placement of appropriate street name signs on said new street~ that the City Clerk transmit to the Post Master at Roanoke a~ attested copy of this ordinaneel and that a copy of this ordinance be admitted to record in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. The motion was seconded byHr. Garland and adopted by the following AYES= Messrs. Garland~ Hubard, Llsk, Taylor, Thomas, Trout and Hayor Webber .................................. NAYS= None .........................0. BUDGET-HOUSING-SLUMCLEA~ANCE= Council having directed the City Attorney to prepare the proper measure appropriating $2,500.00 to Jefferson Street Overpass under Section %89, mTransfers to Capltal Improvements Fund,' of the 1973-74 budget, Mr. Hubard offered the followlng emergency Ordinance: (%21341) AN ORDINANCE to amend and reordain Section %89, 'Transfers to Capltal Improvements Fund,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book %39, Page 109.) Mr. Hubard moved the adoption of the Ordinance. The motion was seconded hyMro L~sk ~nd adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................. NAYS: None ....................0. MOTIONS AND MIS~T~T~NE0~S BUSIHF~S~ EO~SING-SLUM CLF~J~CE~ ~yor Weber advised ~at pursuit to ~solution No. 21318 he is ap~lnt~g ~ssrs. ~ar ~lste~, Chal~ Aylett B. ~1~ Harold W. Hardy~ ~ L. S~auss~ Wa~er N. Dalhouse~ W~ll~ T. Dl~nd ~d Earl B. Pull~ as ~rs of ~e Housing Task Force ~ttee to se~e ~n a general adv[so~ capacity ~ ~rton Hoff~ ~d ~p~y~ Inco~rated, ~d ~e City Pl~g ~ssion for the co~letion of a housing stay for ~e City of ~S OF AC~O~-CIR~IT ~T: ~essrs. H~ard ~d Tho~s presentea a Joint c~lcation advis~g ~at as has ~en p~licly ~e Honorable St~ford L. Fellers~ ~leE ~udge o~ the Circuit Co~t of the City of ~oke ~d o[ ~e ~enty-~lrd Judicial Circuit~ has notified the ~ve~or of his desire to retire f~ full-t~ se~ice on ~e Bench on Februa~ 1~ 19~4, ~at because of Judge Fellers~ outst~ding se~lce to s~te ~d to ~e co~ity in his ~re ~ 29 years as ~udge of a co~t of record of ~e City of ~oke, ~ey feel ~at it ~uld be ~st appropriate ~at Co~c~l ac~owledge his fine p~lic se~ice and exten~ to Judge Fellers ~e sincere wishes of ~cil for a long ~d happy peri~ of retir~ent. ~. Tho~s ~en offerea ~e following Resolution: (%21342) A ~SO~TION relat~g to ~e HONO~ ST~DFO~ L. FE~, ~ief Judge of ~e Circuit Court of ~e City o[ ~oke ~d of the ~enty-~ird Judicial Circuit of Virginia. (For full text of Resolutloil, see R~solu~on ~ok %39, Page 109.) ~. Th~s ~ved ~e adoption of ~e Resolution. The ~tion was seconded by ~. H~ard ~d adopted by the following vote: A~: Messrs. Garl~d, H~ard, Lisk, Taylor, Tho~s, Trout ~yor Weber ............................. NAYS: None ....................0. There berg no f~er bus~ess~ ~yor Webber ~eclared ~e meeting APPROVED A~ST: Deputy City Clerk ~yor '457 Honday, Feblmary 4, 1974. Co~cll Ch~e~ ~ ~a H~iclpal Bulld~g~ ~e re~lar ~e~ng ho~, wi~ ~yor ~y L. We~r presiding. p~ Co~cl~ ~rt A. Garl~d, Wllll~ S. H~rd, David K. Llsk, Noel C. Taylor~ H~n W. Th~s, J~s O. ~out and Weber ......................................7 · ~: None ..................... 0. OFFICE~ P~S~ ~. Byron E. H~er, City ~nager; ~. S~ H. McGhee, III, Assis~t City ~ager; ~. J~s N. Kinc~on, City Atto~ey; ~. H. Ben Jones~ Jr., Assis~t City Atto~ey; ~d ~. A. N. Gibson, City Audi~r. I~TION= The ~eting was o~ned wl~ a prayer by the Reverend J~es V. ~Foe, Pastor, Mel~se Baptist Ch~ch. MI~: Copy of ~e ~nutes of ~e re~lar meeting held on Monday, J~ua~ 28, 1974, having been fu~lshed each m~er of Co~cll, on ~tion of ~. ~out, seconded by ~. G~l~d ~d ~usly adopted, ~e reading ~ereof was dis~nsed wl~ and ~e ~nutes approved as recorded. ~NG OF CITIZENS UPON P~LIC T~IC= ~. D. S. Foster~ 2507 Livingston ~ad~ S. W., appeared before Cocci1 ~d pres~ted a petition signed by 48 reslden~ of Livingston ~ad, relative to ~e excessive vol~e of aut~bile ~d o~er vehicular traffic on Livingston Road, advising ~at the ~jority of ~affic using Livingston ~ad exceeds ~e ~sted speed l~t of 25 ~les per ho~, ~at a sizeable pe~en~9 of traffic re~larly at.ins a speed of 40 to 50 ~les per ho~ and on occasion at.ins a speed in excess of 50 to 60 ~les per ho~, pointing out ~at Livingston ~ad is reason~ly narr~ for such ~afflc, ~t a large n~r of chil~ reside on ~e s~eet, ~at t~ el~ sch~ls are located in close prox~ty to Livingston Road, ~t ~e children's lives are end.gered by ~affic ~uses on Liv~gston ~ad, ~at ~e excessive ~l~e of traffic ~d speed of ~affic affects ~e ~ite ~d calm of ~e area, that ~e ~jority of ~afflc us~g Livingston ~ad ~avels on said s~eet as a conv~ience route or short cut be~e~ ~jor ~oroughfares ~d said use of safety ~d c~orts of ~e residents, ~at ~vingston ~ad is a residential area ~d ~e residen~ of ~e s~eet wish to prese~e ~e benefits of a resld~tial area, ~d re~esting ~at Co~cil ~ke all steps, proced~es, ~d/or actions re~ired %o alleviate ~e probl~ of traffic ~d traffic ~use on Livingston Road. Hr, Trout moved that the matter be referred to the City Manager for investigation and report to Council. The motion was seconded by Hr. Hubard and unanimously adopted. LICENSES~ Hr. Robert So Rucker appeared before Council and advised that on January 4, 1974, he applied to the _~t~sioner of the Revenue for a proration of his 1973 business license since he discontinued automobile dealer- ship of Roanoke Citroen Motors at 2411 Williamson Road, N. W., on April 31, 1973, that he was told by the Commissioner of the Revenue that had he requested this tax rebate five days sooner he could have handled the matter without any problem and requested that Council refund the amount to which he feels he is due, In this connection, a m~randma from the Commissioner of the Revenue advising that Section 20 of the Roanoke City Tax Cede requires that written application for proration of a business license be made to the Con~nissioner of the Revenue within the tax year for which such license was issued, that since Hr. Rucker did not make ~r~itten application for proration of the subject license within the calendar year 1973 and thereby the statutory filing period having passed, Hr. Rucker was advised that his office was without authority to process his application for proration of his 1973 business license tax applicable to Roanoke Citroen Hotors, was before Council. Mr. Rucker advised that he was hoping to reo~n his business and that is the reason he had not applied for the tax refund earlier and that, furthermore he was not aware that he would have had to apply for the refund by December 31, 1973. In a discussion as to how the llcensee is notified of this period, the City Auditor replied that the only notice given is that the Ordinance when it was formally adopted by Council was published in a news- paper having general circulation in the City of Roanoke. A~ter a further discussion Of the request, Hr. Hubard moved that the matter be referred to the City Attorney, the City Auditor end the Comm~ssioner of the Revenue for the purpose of providing Council with a recommended solution to the problem. The motion was seconded by Mr. Thomas and unanimously adopted. PETITIONS AND COMMUNICATIONS= BUSES: Copy Of a Resolution adopted by the Roanoke County Board of Supervisors at its moeti~g on Tuesday, January 22, 1974, relating to the crea- tion of a Roanoke Valley Transportation District, indicating its willingness and desire for its Transportation Committee to meet with a coca, tree from the City of Roanoke and from Other governing bo~ies in an effort to study the poss~bilities of creating a transportation district, was before Council. Mr. Garland moved that the Resolution be received and filed. The motion was seconded by Mr. Lisk and u~animously adopted. 459 460 I~EPORTS OF OPFIC~RSz BUDGET~GRANTSz The C~ty ~ager s~tted a ~tt~ Fe~rt advAs~ng ~t a gr~t re~est ~or f~ds to cont~ue ~e pr~r~ o~ O~f~der ~d ~d ~s~rat~ has ~ approved~ ~at ~e ~1 ~t of ~e ~r~t ~s $21,680.00, wl~ $19,163.00 c~ng fr~ Federal Bl~k F~ds, $1,065.00 fr~ Division of Justice and Cr~ Prev~on ~eral F~ds ~d $1,452.00 of ~e gr~t pruvlde~ locally ~ cash ~tch, ~at ~i~ ~tch Is fr~ O.A.R. f~ds ~d no C~ty of ~oke ~ney ~s ~n~lved~ ~at [2 ~s rec~nded ~at he be au~oriz~ to execute ~e appropriate fo~ for accep~ce of ~ls g=~ ~d agreeing to ~e provisions ~d conditions centred ~erein ~d fur~er rec~- mending ~at $20,228.00 be approp=~ated to ~s gr~t acco~t. ~. ~s ~ved ~at Co~c~l conc~ ~n ~e recordation of ~e C~ty ~ager ~d offered ~e foll~[ng ~rgen~ Ord[n~ce appropriating $20,228.~0 to Offender Aid ~d Res~rat~on ~der Section $549, 'Offender Aid ~d Res~rat~on~' of ~e 19~3-74 ~udget: (%2~343) ~ 0~ to ~d ~d reordain Section $549, 'o~fender Aid ~d ~estorat~on,' of ~e 197~-74 Appropriation Ord~n~ce, and providing for (For full text of Ord~n~ce, see Ord[n~ce ~ok No. 39, Page 114.) ~. ~s ~ve~ ~e adop~on of ~e Ord~ce. The ~tion was seconde~ by ~. T~ut ~d ado~t~ by ~e ~ollow~ng vote: A~S: Messrs. Garl~d, H~ard, Lisk, Taylor~ Tho~s~ Trout ~d ~yor Webber ................................~. ~YS: None ...................... 0. ~. L~sk ~ offered ~e felling Resolution au~or~zing accept~ce, execution ~d filing of ~e grant: (~21344) A ~0L~ION au~or~z~g ~e accep~ce, execution ~d filing of ~e 'S~c[al Conditions for Action Gr~t Awards' w[~ ~e Division of Justice ~d Cr~ Prevention for ~ action grant of federal f~ds for ~le- m~on of a reh~ilitat~on of ja~l [~tes and ~-[~tes progr~ ~n ~e c~ty. (For full text of Resolution, see Resolution Book No. 39, Page 114.) ~. Lisk ~ved ~e adoption of ~e Resolution. The ~t[on was seconded by Dr. Taylor ~d adopted by ~e following vote: A~S: Messrs. G~l~d, H~ard, L[sk, Taylor, ~o~s, Trout ~d ~yor Webber ..............................7. ~YS: None .................... 0. BU~S: The City ~ager s~tted a ~tten re~rt advising ~t a gr~t re,est to provide f~ds to ~s~ll Co~oom Memo~ Syste~ for ~e ~neral D~s~lct Co~t compatible w~ ~ose ~rev~ously gr~te~ to ~e Circuit Co~t has been approve~, ~at ~e total ~t of ~e gr~t ~s ~6,000.00 vi'ch ~5;400o00 cond, ng f~-~n Federal BXock Funds~ ~300.00 Division of ~lce ~d C~ P~e~ G~e~al ~s ~ ~300,00 o~ ~e provided locally ~ cash ~h~ ~b ~t Is zec~ded ~ he be au~orlzed ~ exe~ke ~e appropriate fo~ fo~ accep~ce o~ ~s gr~ ~d ag~ee~g to ~e p~ovls~ons ~d condigns confined ~ere~ ~d f~er ~ ~5,700,00 ~ app~pzlated ~d $300.00 be ~sferred f~ Pr/n~lng ~d O[iice ~upplies of ~e G~e~al Dla~lct Co~t to ~ls 9~t accost. ~. ~ut ~ved ~at Co~cil conc~ In ~e ~ec~ndation of ~e City ~nager ~d offered ~e roll,lng ~9~ Ord~ce tr~sfe~ging ~300.00 fr~ Printing ~d O~flce Supplies ~der Section ~20~ "~eral Dls~ict Cou~t," to Co~ H~ Syst~ ~deg Section ~547~ "co~m H~ Syst~," ~d appropriator ~5,~00.00 to Cou~tg~m H~ Syst~ ~der Secbion 1547, "Cough- r~m H~ Syst~," of ~e 1973-74 budget= (121345) ~ O~I~CE to ~d and reo~da~ Section $20, "~ne~al Dis~tct Co~t," and Section ~547, "Co~o~ H~ Syst~," of ~e 1973-74 Appropriation Ordin~ce, ~d providing for ~ ~rgen~. (For full text oi Ord~ce, see Ordin~ce ~ok ~o. 39, Page 115.) ~. Trout ~ved ~e adoption of ~e Ordtn~ce. The mo~ion second~ by ~. Garl~d ~d adopted by ~e foll~tng vote= Webber ................................... 7. ~YS= None .................... 0. ~. Lisk ~en ofEered ~e foll~ing Resolublon au~o~izin9 the accep- ~ce, execution ~d filin9 of ~e (~21346] A ~SOL~ZON au~orizing ~e accep~ce, execution filing oi ~e "S~cl~l Conditions Eog Action Gr~2 A~ards' ~ ~e Division oi ~ustice and Cr~e PreventiOn for ~ acbion gr~t o[ federal f~ds to provide Courtroom H~ Syst~ for ~e G~eral Dis~ict Co~t ~n ~e city. (For full ~2 of Resolution, see Resolution ~k No. 39, Page 116.) ~. List ~ved ~e adoption oi ~e Resolution. ~e motion seconded by ~. H~ard ~d adopt~ by ~e folloving vo~e= AYe: Hessrs. G~l~d~ H~ard~ Lisk~ Taylor, Tho~s, Trout ~yor ~e~e~ .............................. ~. ~YZ = N~e ..................... 0. CI~ ~DE-~ INSPE~R= The City ~nager s~tted a wrltt~ re~rt ~t~g a re~est of ~e Ro~oke Divfsfon~ Vfrginia Chapter of ~e Na~onal Elec~fcal Con.actors ~socfatfon, ~at Co~cil delete Sectfon 1~ of the Elec~fcal C~e of ~e city Of ~oke predfcated on ~e fact ~at barring c~rent ch~ges by ~e Vfrgfnfa ~gislat~e ~e city will fall ~der ~e provisfons of ~e Unifo~ S~tewfde Buil~fng C~e as of Sept~er 1~ 19~4, 461 .462 advising ~hat Section L7 o£ the City Blactrical Co~e has cer~a~ requir~ents ~ve ~se of ~e Na~onal Electro ~e~ ~at ~e ~oke Dlv~sion~ ~apter of National ~[ec~ca['Con~ac~rs ~s~[at[on feels ~t [o be cons[st~t w[~ ~e n~ s~te c~e ~ ~ e[~nate ~y excessive cos~ oE e[eo~[cal ~s~[[a~[ons w[~[n ~e city, C~c[Z sho~ ~n~ ~e existing c~e delete Section 1~, ~at Section 1~ which deals w[~ ~[ conduits or raceways ~n~ac~rs ~soc[at[on says~ ~[s ~rt[~ oE o~ c~e la not appl[c~[e [n ~e areas which ~ve already a~op[~ ~e new s~tew[de bu[[d~g c~e, ~at ~e BulldOg c~iss[oner has indicated his tone,fence [n ~[s suggestion ~ ~at ~e City ~ager does not ~se ~y objection to ~e deletion oE Section [7 fr~ ~apter 2, Title ~ of ~e City ~. Th~s ~ve~ ~t Co~c[1 conc~ ~n ~e re~rt of the City ~nager ~ oEfered ~e follow~g ~rgen~ (%21347) ~ O~CE re~al~ng Sec. 17. He~l uonduits or raceways, o[ ~apter 2. E[ec~ica[ C~e~ of Title ~. Cons~ct[on, Alteration ~ Use of ~n~ Buildings ~d O~er St~ct~es, of ~e C~e oE ~e City of ~oke 1956, as ~de~ ~ prov[~g for an ~rgency. (For full text of Or,in,ce, see O~ce ~ok No. 39, Page [17.) ~. Th~s ~ve~ ~e a~option of ~e Or,in,ce. The ~t[on was seconded by ~. T~ut ~d adopted by ~e foll~ng AYe= Hesars. Garland, H~ar~ L~sk, Taylor~ Tho~s, Trout ~yor Webber ................................. NAYS = None ........................ 0. U.S.S. RO~O~-AUD[~-COLISE~-P~S ~ The City ~ager s~tteG a ~tten re~rt advising ~t on Dece~er 10, 1973, CO~C[1 approve~ Resolution NO. 2~260 accep~g a donation of ~e ship's bel[ from ~e light c~[ser U. S. S. R~O~, ~at on Janua~ 23, 1974, he was [nfo~e~ ~ough ~. ~arles D. Fox, Iii, ~at ~e ~par~ent of ~e Na~ was not donat~g ~e sh~p~s ~11 to ~e city, h~ever~ it was on a lo~ bas[s~ ~at ~e ~rator for ~e Depar~t of Na~ has re~ested-~at Resolution No. 2~260 be ~de~ ~ read ~1o~' [n lieu of 'donation,' ~at ~ey fur~er re~este~ ~at a receipt for ~e ship's bell ~ plaque be s[~e~ by the cust~[~ of ~ese ar~cles~ ~at ~e City Atto~ey has prepare~ a new Resolu- ~on for ~e consideration of Co~cil accep~ng ~e ship's bell and ~e builder's pla~e fr~ ~e U. S. S. RO~O~ ~ rec~d~g ~at Co~cil adopt ~so[ut[on ~d ~at Resolution No. 21260 be repeale~.. Dr. Taylor ~ved ~at Co~ci[ conc~ in ~e reco~endat[on oE City ~ag~ ~ offere~ ~e foll~g Resolut[ont [921348) A ~OL~[ON acce~g fr~ ~e De~ar~nt of ~e Na~ ~ndef~n[te lo~ ~ ~e city of ~e Ship's Bell ~ a Builder's Pla~e from the cruiser U. S. S. ~OANOKE (CL 145)! and repealing Resolution No. 21260, adopted December 10, (For full text of Resolution~ see Resolution Book No. 39, Page 118.) Dr. Taylor ~oved the adoption of the Resolution. The motion was · seconded by Mr. Lisk and adopted by the following vote= AYES~ Messrs. Garland, Bubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. NA¥S~ None .......................0. SALE OF PROpENT~-~EG~OHAL JA~L~ The City ~ager subm/tted a writte~ report advising that on October 15~ 1973, Council authorized and directed the acquisition of certain lands wanted and needed by the city for the construc- tion of new court and Iai! facilities, that one of four parcels of l~nd concerned in this acquisition includes Offlclal Tax Nos. 1011323, 1011324 and 1011325 fronting 95 feet more or less on the north side of Church Avenue, S. W., that this land from the estate of E. A. Thurmant deceased~ and under the trusteeship of the Colonial-AmerAcan NatAonal Bank was authorized for purchase in the amount of $100,009.00, based upon a detailed approval prepared for the city by Thompson Appraisal Company, that the city has been able to obtain a purchase option agreement with the Colonial-American National Bar,k, dated January l?, for the purchase of this land, in the amount of $110t000.00, that the city has 120 days from that date to notify the Colonial-American National Bank of its acceptance of this option price, that although the option price of $[10,000.00 is ten per cent above the amount recc~mnended in the appraisal, it is felt that the per square foot cost of $6.?9 As not excessive An this t~me frame, and reco~endinq that Council take this option under consideration with the intent of p~rchasing this property for the sum of SI10,000.00. Mr. Thomas ~ved that Council concur ~n the report Of the City Manager and offered the following Resolution= (~21349} A RESOLUTION acknowledging delivery of a certain option a~reement made with the City of Roanoke for the purchase of certain land in the city needed as the site for a new jail. (Eor fu~! text of Resolution, see ~esolution Book No. ~9, Page Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Trout a~d adopted by the following vote= AYES: Messrs. Garland~ Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ ?. NAYS = None ....................... 0. ~A~KS AND PLAYGROUNDS: The City Manager sul~l~tted a written report advising that on January 22, 1974, the ~)anoke Transportation Museum Committee met at the call of its Chairman to discuss several matters with regard to the Roanoke Transportation Museum, that at this meeting the City Manager was requests to endeavor to remove from the TransportatAon Museum the dilapldated m~litary 463 aircraft presently included among the museu~ displays, that Overs period.of years these aircraft have been shripped of ~any of their parts~ so as to leave then incomplete and somewhat hazardoue~ rec~ndLug that Council direct the City Attorney to assure that these aircraft may be disposed of, and that subject to the determination that such action Is within the city*s authority, it would be rec~ended that Council direct the City Nanager to remove the residue of these foyer aircraft from the museum grounds as as to remove any potential for lnJur~ to patrons. ~tr. Thomas moved that the matter be referred to the City Attorney for report as to the legal requirements in respect to removing the aircraft from the Roanoke Transportation ~luseen. The motion was seconded by Hr. Trout and unanimously adopted. pARKS AND PLAYGROUNDS; The City Nanager s-~mttted a written report advising that on October 4, 1973, application was made to the Department of Housing and urban Development:for reimbursement of the 50 per cent federal portion Of expenditures incurred under the Strauss Park Open Space Project, that the city has received notification that our requisition has been approved in the aunt of $10,500.00, that this includes $22,000.00 for land acquisition and $8,500.00 for development, that the city has requested an ex- tension of tine to June 30, 1974, to submit a final request for funds to recover some additional development costs since the $8,500.00 reimbursement covers 50 per cent of the cost of the Park Shelter only and since considerable additional development has taken place, the city feels that further efforts in this area are justified. Dr. Taylor moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. TRAFFIC: The City Manager submitted a written report advising that the City Engineer's Office has received an advance conceptual report from Wilbur Salith and Associates with respect to the downtown signaling systum, transmitting a summary of their comments, advising that this matter is ~nder study by the ad~tnistration and discussions are being held with Downtow~ Roanoke and other businessmen to obtain their inputs as- a result of the study ideas, that after receiving these responses or inputsw the content of such comenta will be relayed to the Department Of Highways and .the consulting engineers for their consideration and at such time as the final report of the consultants is received it will be presented to Council with the recommendations of the 'a~nlstration. Hr. Trout moved that:the .report be received and filed. The motion was seconded by Hr. Lisk and unanimously adopted. GARBAGE i~tOVAL; The City Manager s,~-nitted a written report advising that he was advised on January 28, 1974, that the Virginia State Water 465 Control Board desires that representatives of the city appear before the Board on February 18, 1974, to make a fifteen minute presentation ~u~tifyJ-ng the need of a Regional Sanitary Landfill and explaining the cityte plan for the so called H. S. Thomas Pzoperty, that ~e~bers of the administrative staff will appear before the Board with representatives of the consulting fl~ms of Thompson & Litton Engineers, and Law Engineering Co. any, and that l[ is administratively planned to brie£ the Regions! Land£ill Committee on Febz~ary 15, 1974, and ask that representatives of that co~ttee also attend the hearing. H~. Trout laoved tJtat the report be received end filed. The motion was seconded by H~. Thomas and ~nanimously adopted. POLIC~ DEPARTHENTt The City Ha~ager sub. tied a written report concurring in the report of a cona~ttee recon~ending that all bids received for microfl~ng equil~ent for the Police Department be rejected and that the ~atter be readve~tised for bids at a later date. Dr. Taylor moved that Council concu~ In the recon~endation of the City Hanager and offered the following Resolutions ($21350] A RESOLUTION rejecting all bids received for £urn[shing and delivering nL[crofilm~ng equipment for the Police Department, and directing that the matter be readvertised for bids. (For full text of Resolutlon, see Resolution Book No. 39, Page 119.) Dr. Taylor moved the adoption of the Resolution. The ~tlon was seconded by Mr. Trout and adopted by the following vote= AYES: ~essre. Garland, Nubard, L~sk, Taylor, Thomas, Trout and Mayor Webber .............................. ?. NAYS = None ..................... 0. CITY E~GIN~E~: The City Manager sob~itted the fol[owlng repert concurring basically in a repert of a c~tttee recoaunendlng the acceptance of bids from Carter Machinery Company, Incorporated, for one track-type tractor, in the amount of $48,628.00~ one rubber-tired front end loader, in the amount of $25,~39.00~ and one track-type front end loa~er~ in the amount of $26,415.00~ further reco~m~.~nding that the surety bend as proposed by the bid co~e~[ttee be waivered and that Council appropriate $712.00 to the Street Construction and Repair account= 'February 4, 1974 Honoreble Mayor and City Council Reanoke, Virginia Gentlemen: This report is to basically concur in the report of the committee and their recomme~dation that the total cost bid submitted by Carter Machinery Company, Inc., be accepted. The concept Of total ~os~ bidding and the results obtained fro~ th£s type of bidding have proven more than satisEactory to the City of Roanoke. I concur in the ~irectorate~s analysis of its needs and its decision to obtain bids for a smaller tractor than was envisioned in the budget. The decision to accept bids on a smaller trac- tor resulted in a savings of approx[taatel¥ $21,300. Realizing that there would be such a.aavings, X also conom:rod with the obtaining of.bids for the purchase of a tracE-type front end loeder even though this item had not been approved for purchase in the ~urrent bedget, At this ti~ in cenJu~ctioa with this co~dttoe ropert city council's approval of the purchase of this krack-tytm front end loader is reqUested, and ! relay to Council the need end Justifica- tion for th!s.equ.ipment., ~hls track-type front end loader will b~ used by the combined public Works Depa~tnent for various functions throughout the City such as grading, loading of stone~ sand and salt, for removal of sidewalks, pavement, eros; and as necessary in reconst~ruction and repair jobs~ for Parks and Grounds activities. It can be used for grading and backfilling for our sewers, storm drains and for water main const~uction activities and other needs as necessary t~roughout the City. The City presently has only one piece Of equipment of this type end it is used in the landfill operation almost one hundred percent of the time. The existing equipment utilized at the landfill is one of the largest type available~ and is too large for many of the activi- ties that we need a t~ack mounted front end loader for. The equipment specified end bid is one of the smallest of this type available. For these reasons I reconunend Clty Coenci! authorize the purchase of this track mounted front end loader in add£- tion to the other t~o pieces of eqUipment. I reconnuend the acceptance of the bids from Carter Hachinery Company, Inc., for the purchase of all tl~ee pieces of eqUil~nt, namely, one ~rack-type t~actor in the mnount of $48,628, one ~ubber-tired front end loader fn the ~mount of $25,239 and one ~rack-type front end loader in the amount of $26,415. Further I would recom- mend t_hat t_he Surety Bond as propesed by the bid contort- tee be waivered and that Councll appropriate the necessary $712 to the Street Cons~t-uction and Repair Budget, Depart- merit Code 58, Object Code 390. Respectfully subverted, S/ Byron E. Ha~er Byron E. Haner C£ty Henager ' "January 28, 1974 TO The City Council Roanoke, Virginia Gentlemen ~ On Wednesday, January 16, at 2:00 p.m., bids were received and opened before the undersigned committee for one new track-type tractor, one new rubber-tired loader and one new track-type loader. ' - . This equipment is to be used primarily by the Street Con- structlon end Repair Division of the Public Works Depart- ment and will replace a D-7 tractor track-type bulldozer. These 1terns have been included in the Street Construction and Repair budget, Bopartment Code 58, Object Code 390 as a D-7 Bulldozer, estimated cost $70,000 (one old D-7 dozer surplus) and a front end loader of a yard and one-half capacity' estimated coat $28,000, for a total of $98,000. After careful revlew Of the Cityts equil~e~t needs by pub- 11c Works and Street Construction and Repair personnel prior to advertisement for bids, it was proposed that the tractor be reduced in size, that the rubber tired loader b~ purchased, and that an additional, piece of ecl~ipment {a track-type front end loader) be purchased for use by the Street COnstruction and Repair Division. Doing this _e will give the City's Street Construction and l~epalr Divi- sion ~uch ~ore flexibility and capability to handle the varioua proble~u encountered in t~elr normal street con- st~uction and repair program. This also will give the City ~ore backup for snow removal equilmant. (~he Public Works Department nov removes sno~ at the Alrportw which vas formerly accc~plished under contract). It was esti- ~ated that the threa pieces of equipment could be pur- chased within the funds available, Total Cost bids were requested. I total of nineteen com- panies were notified. Of that ntmberw ten responded. Only one suh~ttted a bid, The others that responded sutmltted no bid. The one bid, by Carter Hachine~y Company, was as follows: ' I ~rack-type tractor $ 48,628 I track-type loader 26,415 1 rubber tired loader 25,239 Total Purchase Cost $100,282 The total cost of o~nership, over five years, or 7500 hours, to the City for this equipment is as follows: Track-type tractor ~ 44,975 Track-type loader 27,215 Rubber ~tred loader 22,239 It is the recomnendation Of this co~aittee that these bids be accepted and that a purchase order be issued. Past performance with this type bid on equilment in use at the landfill and in the SWeet Construction end Repair Divi- sion has been most satisfactory. Experience with this porticular dealer has been very satisfactory. It is the committee's reco~nendatiou t~at, based on the past good performance with this dealer, the requirement for a Surety Bond as proposed by the bidder be waived which will result in a savings to the City of $1,575 for the three items listed, This will reduce the purchase cost to the City to $98,712. Fuhds of $98,000 are in the Street Construction and Repair budget, Reco~nend that Council appropriate $712 to Street Coostr~ction and Repair budget, D~partment Code 58, Object Code 390. The present Street Division D-7 will be sold at the City's auction sale that is scheduled for the future and should cover more than the amount requested to be appro- priated. Respect fully s~tted, S/ B. B. Thompson S/ Kit Kiser Bueford B. Thompson Kit Klser Purchasing Agent Director of Utilities & Operations S/ Richard D. ~urpin Pdchard B. Turpin, Chairman Director of Public Works' Mr. Thomas move. d that Council concur in the report of the City Manager and offered the following ~nergency 0rdinence appropriating $712.00 to Operational and Constr~ct£on Equipm~nt - New under Section ~58, 'Street Construction and Repair,' of the 1973-74 budget: (%21351) /EN ORDINANCE to ala~nd and reordain Section %58, 'Street Construction and Repair,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 120.) ~r. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk aild adopted by the following Vote: '467 '468 AYESs Messrs. Garland, It~bard, Llak~ Taylor, Thomas, Trout and ~a~or Webber ........ ? ........................ 7. HAYS: None ........................0.. Mr. Llsk then offered the. following emergency Ordinance accepting the proposal of Carter Machinery Company, Incorporated: (f21352) AIl OI~OINANCE accepting a proposal for furnishing and deliver- ing one new track-tyl~a tractor, one new track-type loader, and one new.rubber- tired loader, upon certain terms and conditions by accepting a certain bid made to the city thsrefor~ and Providing for a~ ~mergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 121.) Mr. LIsk n~ved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following AYES: Messrs. Garland, Hubardt Llsk, Taylor, Thomas, Trout and Mayor Webber ................................... 7. NAyS: None ..........................0 · AUDITORIUM-COLISEUM: The City Auditor submitted a written report advising that there have been several instances since the opening of the Roanoke Civic Center where, for one reason or another, it has become necessary to refund immediately ~nies collected from the sale of tickets, that when this situation occurs, there is always the poss/bility of ticket holders becoming unruly if refunds are not ~tade /~nmediately which could lead to the d~u~aging of city property, that in order to refund the money from the sale of these tickets, it is necessary to have considerable su~ of cash on b~ndw that the only way that such sums can be provided is to issue a warrant on the Civic Center Account a~d draw cash from a local benk, that this ~uld have to be done during banking hours and in order to be effective, the city would have to follow this pro- cedure even in insta~ces where we had strong evidence to support the possibillty that the perfor~ance was not going to occur, rcco~ending that Council instruct the city Attorney to prepare whatever papers are necessary to accomplish this procedure, or, if this procedure is presently perndssible to So advise. Fir. Thonhas ~ved that the n~atter be referred to the City Attorney and the City Auditor for report to Council as to the proper procedure which should be followed by the next regular meeting of the bedy on Monday, February 11, 1974. The motion was seconded by Mr. Trout and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ANNEXATION-CONSOLIDATION: Council having deferred action on a report of the City Hanager in con~ectlon with contractual services of Hayes, Seay, M~ttern and Fhattern, Architects and Engineers, relative to pending a~nexation proceedings, the Cit~ Manager to furnish CounCil with a cost est/~nate as to engineering, accoenting and legal services for retrial of the aDnexation case, the matter was before the body. ' -'.: · The City l~nager verbally advised that he has been unable to co~lle the requested ~nformation, Hr. Trout ~oved that action on the matter be deferred and that the item be placed on the agenda at a later date by the City Hanager. The motion was seconded by Hr. Garland and unanimously adopted. CONSIDERATION OF CL~: NONE. INTRODUCTION AND CONSIDERATION OF ORDINARCES AND RESOLUTIONS: STREETS AND 'ALLEYS z Ordinance No. 21320 vacating, discontinuing and closing a portion of Colonial Avenue, S. W., pursuant to the provisions of See- tion 15.1-364 of the Code of Virginia, 1950, as amended~ and authorizing and providing for the city*s release and conveyance of all right, title and interest in the vacated portion of Colonial Avenne, S. W., having previously been before Council for its first reading, read and laid over~ was again before the body. In this co~nection~ the City Attorney submitted a written report advising that the Ord/nance h~s been redr~fted for the purposes of more precise location of the former street area end in order to make provision in the Ordinance for certain actions which have become standard provisions of street closing Ordinances. Hr. Lisk moved the adoption of Ord/~ance ~o. 21320, as a~ended, on its second reading. The motion was seconded by Hr. Trout and uns-ni~nonsly adopted. Hr. Trout than Offered Ordinance No. 21320, as amended, for its second reading a~d final adoption: (%21320} AN ORDINANCE permanently vacat/u~g, abandoning and discon- tlnuing that certain former port,on of Colonial Avenue, S. W., now t~nused, pursuant to the provisions of Section 15.1-364 of the Code of Virginia, of 1950, as amended,-which ~nused street ext~nds-tn, a westerly and southerly direction from its intersection-with Hartlan~ Road,. S. W., to its terminus at the present location of' Colonlal Avenue, S. W., said ~nused street being 30 feet wide, more or less~ and authorizing and providing for the City's release and conveya/lce Of certain right, title and interest in the vacated portion of Colonlal Avenue, S. W., now unused. WHEREA~, A. T. Loyd has heretofore filed an application before the Councll of the City of Roanoke requesting the Council to permanently discon- tinue, and vacate that certain former portion of Colonlal Avenue, S. W., now unused, and more fully described-in said pek/tion and in this ordinance; and WHEREAS, notices of .the intended application were duly posted according to law at ~hree (3) p~b[ic place~ in the City of Roanoke ten (10~ days prior to Council's consideration of said application;_ and . WHEREAS, in accordance with the prayer:contained in said application, Resolution NO. 21220 was adopted by the City Council on the 19th day of Nove~lber, 4 '9 -9'o 1973, pursuant to which viewers were appoLuted to vitae the said p~operty and to report in ~lt~ng what lnconveniencew lf_~ny~ ~ould result from permanently vacatLug and disconttnu/ng that certain former portion of Colonial Avenue, S. W. nc~ unused, hereLuafter descr/bed! and further, the said City Council referred the issues raised by the said application to'the Planning Commission of the City of ~oanoke for the Cn~tssion~e study of said request and a report thereof~ and WHEREAS, it appears from the report ~n writing by the viewers filed with the City Clerk, and dated the 4th day of December, 1973, together with the A~fidavit of said Viewers, of even date therewitht that no inconvenience would result, either to any individual or to the public, from pormanently vacating, and discont~nuing that certain former portion of Colonial Avenue, S. W., now unused~ to which report no exceptions have been filedl and WHEREAS, the City Pla~ing comm~ssiou, by letter directed to the Mayor of the City of Roanoke, and the me_tubers of City Councll dated the 19th day of Dece~nber, 1973, has recommended to the City Co~hncil that the request contained in the application aforesaid be granted~ and ~EREAS, after newspaper publication, as by statute providedf a pub- lic hearing was held before Council on the 28th day of January, 1974, et which hearing all interested parties and citizens were afforded an opportunity to be heard on the question of the proposed street closing~ and WHEREAS, upon consideration of the matter, the council is of the opinion that no inconvenience will result to any owner or to the public from permanently vacating and discontinuing that certain for~aer portion of Colonlal Avenue, S. W., now unused, hereinafter described. THE~EFORD, BE IT ORDAINED by the Coencil Of the City Of Roanoke that the certain former portion of Colonlal Avenue, S. W., now unused, from its intersection with Hartland Road, S. W., to its terminus at the present locatlon of Colonial Avenue, S. W., said unused street being 30 feet wide, more or less, which is ~ore particularly described as follows: BEGINNING at a point on the northerly side of Colonial Avenue, S. W., property locatlon, being also the center of the old location of Colonial Avenue, being also corner to property of Annie C. Donahue, formerly L. K. Bullock~ thence along the northerly side of present location of Colonial Avenue, with the arc of a circle to the left, whose chord is N. 73° 55~ E. 22.54 feet, an arc distence Of 22.54 feet to a point~ thence with the easterly side of the old locatlon of Colonial Avenue, 15 feet east from the center line of same, N. 32° 00~ E. 106.1 feet to a point~ thence with the arc of a circle to the right whose radius is 192.91 feet, whose chord is N. 54° 140 10' E. 146.00 feet, an arc distance of 149.73 feet to a Polnt~ thence still along old Colonial Avenue, 15 feet from the centerline thereof, N. 76° 28~ 20' E. 131.52 feet to a point on the westerly side of Hartland Road, S. W., thence with the westerly side of Hartland Road, N. 39° 06~ W. 33.25 feet to a point~ thence parallel to and 15 feet from the centerline of old location of Colonial Avenue, S. 76° 28~ 220' W. 117.16 feet to a poJ. ntl thence with the.arc of ~ circle to the: left whoso radius is 222.91 fee~ ~se chord Is S. 88° 08' 25" ~. 90.16 fee~ ~ arc dls~ce of fee~ ~ a ~t on ~e l~e o~ ~le C. ~n~ue p~ty fo~rly L. K. Bull~k pzo~rtyi ~ence a c~ed l~e to ~e left ~ose c~rd Is S. 42- 34* 05" W.: 81.76 feet~ ~ arc dia~ca of 82.23 fee~ tO a ~lntl ~ce S. 32° 00' W. 158.4 feet to a ~nt ~ ~e horsefly side of ~l~ial Avenue~ S. W.i ~ence wl~ ~e s~ w~ a c~ed line to ~e left whose chord ~s N. 72° 18* E.' 22.45 feet, ~ arc dis- ~ce of 22.45 feet to ~e place oE ~GI~ING~ as sh~ on ~p entitled 'S~ey for A. T. ~yd~ sh~- lng locat~ of Old ~lon~al Avenue being Vacated,~ ~de by T. P. P~ker ~d Son~ ~gineers ~d Su~eyors~ dated Septet 20, 1973. BE, ~d it hereby ls~ pe~ently vacated~ dis~ntinued ~d closed ~at all right, title ~d interest of ~e p~l~c to ~e s~e be, ~d ~t hereby ~s~ released insofar as ~e Co~c~l of ~e City of ~oke ~s ~ered so to do, ~e City of ~oke rese~lng ~to ltself~ h~ever, a pe~etual eas~nt for ~at cer~in s~ta~ sewer l~e or ~in n~ located in a ~rtion of said foyer s~eet, t~e~er wi~ ~e ~tual right to operate, ~intain, repair, relay or replace the BE IT FUROR O~AI~D ~at the ~yor and ~e City Clerk be ~d they are hereby au~orized ~d directed for ~d on behal~ of the City of ~oke to execute, seal ~d attest~ respectively, deeds releasing~ quitcla~ing and con- veying to A. T. ~yd ~d ~e C. ~nahue as ~eir ~nterest ~y appear, ~y right t~tle or ~nterest o~ ~e City to ~at certain foyer ~rtion of Colonial ~.venue~ S. W., now ~used, as sho~ on plat entitled "Su~ey for A. T. showing location of Old ~lonial Avenue, Being Vacated,' prepared by T. P. Darker & Son, ~gineers ~d S~eyors~ dated Sept~er 20, 1973, said ~p to be s~se~tly recorded w~ the deeds hereina~ve referred BE IT F~R O~AX~ ~at the City ~g~neer be, ~d he hereby is, directed to ~rk 'Pe~ently Vacated= on ~at certain foyer ~rtion of Co,on,al Avenue, S. W., now ~used, ~ove described on all ~ps and plats on file ~n his office on which ~e said street ~s sh~, referring to ~e ~k and page of Ord~ces ~d Resolutlons of ~e Cocci1 of ~e City of ~anoke wherein Ordin~ce shall ~ spread. BE IT ~R~R O~I~D ~at ~e C~erk of ~e City deliver to ~e Clerk of ~e C~r~it Co~t for ~e City of ~oke, Virginia, a certified copy of Ord~n~ce ~ order ~at ~e Clerk of said Co~t ~y ~e proper notations on all ~ps or p~ats recorded in h~s office u~n which are sho~ ~e said street, now as provided by law, ~d ~at ~f re~ested by ~y party in interest, he ~y record ~e s~e ~n ~e deed b~k in his office indexing ~e s~e in ~e n~ of ~e ~ty of ~oke, V~rg~nia, as gr~tor ~d in ~e n~ of any party ~ ~nter- est who ~y re,est as gr~tee, all recordings to be at ~e expense of ~e party so re~estlng s~. BE IT ~R~R ordained that ~e Clerk o~ ~e City of ~oke del~ver ~ ~e Clerk of ~e Circuit Co~t for ~e City of ~oke, V~rglnla, the 47:1. 47-2 executed deeds hereLu~bove referred ~o, so that 1£ requested, any party in interest My record the deeds, ell recordings ~o be at the expanse of the party so requesting same.. H~. Trout ~oved 'tho adoption of the Ordinance° The motion was seconde~ by Dr. Taylor and adopted by the ,following vote= AYES= Messrs. Garlandt Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ..................................... ? · NAYS= None ............................0. STREET NAMES-STREETS AND ALLEYS= Ordina~ce No. 21340 dedicating Lot 10, Block ?, according to the Map of Grandin Court, for public street purposes~ and naming same a portion of Lofton Road, S. W., having previously been before Counell for its first reading, read and laid over, was a~aln before the body, Mr. Trout offering the following for its second reading and final adoption= ($21340) AN O~DINARCE dedicating Lot 10, Block ?, according to the Map of Grandin Court, for public street purpo~es~ and naming s~mo a portion of Lofton Road, S. W. (For full text Of Ordinance, see 0rdin~/%ce Book No. 39, Page 113.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and M~yor Webber .................................. ?. NAYS: None .........................0. MOTIONS AND MISCELLANEOUS BUSINESS: A~PORT= ~r. Henry Gttntz, Jr., rspresecting the Gtmtz Corporation, appeared before Coancil and advised that it is his tmderstanding that Messrs. W. L. Hagoo~, Sr., and W. L. Hagood, Jr., have advised Con~cil that they are unable to continue their obligations rudder the lease agreement to operate the airport concession facilities at Roanoke Municipal (Woodrum) Air~ort, and that hie fir~ is interested in taking over the operation of said concession. In this connection, the City Clerk read a communication from Mr. James M. Roe~ Jr., Attorney, represent~g Messrs. W. L. HagOod, Sr., and W. L. Hagood, Jr., advising that Mr. Hagood, Sr., has informed h~m that due to the serious illness of his wife he wi~l be unable to continue his obllgations under the lea~e~ that he further advises that he has several parties interested in taking over the lease, that it would appear from the lease agreement that any assignment or subletting taus2 be with the approval of the City CoUncil and that it would further appear that' because Of the expansion and refurbishing program now in progress that now woul~ be ~n opportune time to'change manage- Mr. 'Thomas moved that the ~atter be referred to the A~rport Advisory Co, remission and the Ci~y Attorney wi~ the request that if it is their decision ri 473 tO make a reco~mendation ~t Council concu~ wl~h the communication from l~e ~ha~ ~e necessa~ legal pa~rs ~ pre.red ~d ~e ~r be placed on ~e nez~ ag~da of ~c~l on ~da~ Feb~ 11~ 1974. The ~on ~as se~nd~ by ~. H~ard ~d ~usly ~dop~ed. CI~ ~z ~yor ~b~r advised ~ s~ ~ a~o he received a co~lca~lon fr~ ~. ~o~ J. G~er, ~ecu~va Direc~or~ ~l~ S~a~es ~nfer~c~ of ~yo~ r~es~g a ~i-s~udy of ~e Sister Cl~y Pr~r~ be~e~ ~e Cl~ of ~oke ~d ~on~u~ Korea~ ~a~ ~e ~ed ~e c~lca~ion oveF ~o ~s. ~gdal~ Poff wl~ ~e ~e~s~ ~a~ she c~se ~e ~nl-s~ud~ for h~ ~r~i~lng copy of ~e min~-s~udy ~d e~essing appreciation ~o ~s. PoUf foF a ~ob well ~de a part o~ ~e official records of Co~cll. The ~tion was seconded by ~o~s ~d ~usly adopted. BUS~-S~= ~. Garl~d presented a co~catlon advising ~at as per ins~uckions o~ Co,ct1, ~e city a~nistration has ~de application to ~e proper au~orities for an additiona~ one h~dred ~ous~d ga~ons of gasoline for ~e t~tatlve pu~se of operat~g the pro~sed sch~l bus fleet, that the ~ch~l Board in its re~est for ~e 37 additional school buses indicated ~at a dec,sion should be reached ~n J~ua~ i~ ~e buses are to be avail~le at ~ start of ~e school year in Sept~er, that based on s~t~t ~d~ ~ p~l~cly and privately, ~t appears to h~ ~at the s~t~ent of ~e ~jor~ty of Cocci1 at ~s t~ favors ~e ~urchase of ~ese buses provided ~e fuel is available, ~at if ~s be ~e case every e~fort should be ~de to have ~e buses ~d in o~rat~on at ~e begi~ing of the sch~l year ~d ~at he ~uld pro, se ~at Cocci1 ~ns~=t the Sch~l ~ard to ~gin at once ~e Dro~r proced~es necessa~ to procure these buses wi~ the ~t~cipa~on ~at ~e f~ds would be ~de available at a later date. ~. Garl~d ~en moved ~at ~cil ~nst~ct ~e ~anoke City Sch~l ~ard to begin at once ~e pro,er ~roced~es necessa~ to advertise for bids for ~e 3~ sch~l buses. The ~on was seconded by ~. L~sk. The C~ty H~a~er ~ted out ~at ~f ~e c~ty ob~ns ~e buses Se~t~er, ~ere will ~ no place to ~in ~. L~sk s~k~ in sup~rt of the ~t~on ~de by ~. Garl~d, e~ressing ~e option ~at ~e Sch~1 ~oard should be allowed to get ~e paper ~rk out of ~e way n~ ~d by ~at t~e ~e c~ty should ~ow what ~e fuel allocation ~s going to ~. ~o~s e~ressed ~e opinion ~at ~re are ~y pending ~estions which need to be ~ered before Co~cll ~kea a decision ~d ~at ~cil should not ~ow caution to ~e wind before t~ing ~ese questions ~nto considera~on. Hr. Thomas then offered a substitute motion that Council meet as a _r~mtttee of the Whole with the Transport~tion Study Come/tree, the City Hanaqer and the City Attorney to discuss the matter. The motion was seconded by Dr. Taylor and adopted by the following vote: AYESz Messrs. Garland, Hubard, Lisk, Taylort Thomas, Trout and Mayor Webber ............................... 7. NA¥S~ None ......................... Later during the meeting and after tho comnLtttee of the Whole meeting, Hr. Thomas moved that members of the Transportation Study Committee to be desig~ated by Hr. Garland and members of the city adm~nistration to be designated by the City Manager be authorized to go to Washington, D.C., and ~/ch~ond, Virginia, to ~nquire as to the status of the transit grant and as to the status of the fuel allocation request, said trips to be made as soon as possible with a report to Be made to Counci! as soon as possible. The motion was seconded by mr. Taylor and unanimously adopted. Mr. Llsk further moved that Mr. Garland be requested to arrange for a meeting between City Council and Wilbur Smith and Associates as soon as possible to discuss certain matters relating to transportation. The motion was seconded by Hr. Trout and unanJ~aousiy adopted. PURCHASING AGENT-COUNCZL: ~r. Llsk presented a co~unicatlon request- ing that Council acting as a Committee of the Whole meet with the ad~nistra- rive staff of the City of l~oanoke for the purpose of reviewing the total bid procedure in which the City of ~oanoke is presently following. Mr. Lisk then moved that Cotmci! meet with the ad~linistrative staff following the next regular meeting of Co~h~cll on Monday, Febcuary 1974, to discuss the bid procedure being followed by the City Of Roanoke. The motion was seconded by Dr. Taylor and unan~aously adopted. GArbAGE REMOVAL= Mr. ]~bard advised that he had placed an item on the agenda with reference to recommendations as to long-range plans for the City of Roanoke to dispose of its solid wastes, however, he would like for action on the matter to be deferred until the regular meeting of Council on Monday, February 25, 1974. Mr. Bubard then moved that the item be carried over and placed on the regular agenda of Coencil for Ronday, Fehroary 25, 1974. The mDtlon was seconded hy Mr. Trout and unanJ~nously adopted. ROANOKE CITY ARTS COMMISSION: Mayor Webber called to the attention of Council that there is a vacancy on the Roanoke City Arts Co~na~ssion created by the resignation o[ Mr. Frank H. 'Hill, Jr., and called for nomina- tlons to fill the vacancy. Mr. Lisk placed in nomination the name of Mrs. Mamie p. Vest. There being no further nominations, Hrs. Mamie P. Vest was elected as a ~m~er of the Roanok~ City Arts co~m~ission to ~ill the unexpired ter~ of Mr. Frank H, Hill, Jr., resigned, ending July 1, 1974, by the following vote: FOR ~I~S. VES?t Hessre, Garland~ Huba~d~ L~.sk~ Taylor~ Tho~as~ ~ou~ ~ ~or W~r ............................... 7. '' FI~ DEP~ The City Clerk re~rte~ ~at ~. Carl C. Holt has ~alifi~ as ~ief Of ~e Fire ~paz~t Of ~e City of ~oke. Dr. Taylor ~ved ~at ~e re~rt ~ received ~d filed. The ~tion was seconded by ~. ~sk ~d ~usly adopted. ~ere ~ing no f~ther bus,ness. ~yor Weber declared ~e meeting adjoined. APPROVED A~ST~ ~ ~put~ City Clerk ~yor 475 476 CO~CIr,, R~GUIJI It~.~TING, Honday, ffebruazy 11, 1974. The Council of the City of ~oanoke met in regular neeting in the Council chamber in the Nunlclpal Building, Hondayw February llw 1974, at 2 p.m., the regular meeting hour, with Hayor Roy L. webber presiding. pltlLSENT: Councilmen Robezt A. Garland, William S. Hubard, David K. Lisk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and ~ayor Roy L. Webber ........................................... ? ABSENT: None ..........................0. OFFICERS pRESENT: Mr. Byron E. Haner, City Manager~ Mr. Sam H. McGhee, III, Assistant City Hanager~ Mr. Jain, s N. Klnca~on, City Attorney~ Mr. H. Ben Jones, Jr., Assistant City Attorney~ and Mr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by Councilman William S. Hubard. MINUTES: Copy of the minutes of the regular meeting held on Monday, February 4, 1974w having been fttrnished each =~_mber of Council, on ~otion of Mr. Thomas, seconded by Mr. Trout and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS: TP~FFIC: Pursuant to notice of advertisement for bids for a traffic signal controller for Franklin Road and Brandon Avenue, S. W., said proposals to be received by the City Clerk ~/ltil 2 p.m., Monday, February il, 1974, and to be opened at that hour before Coktn¢il, Hayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the Deputy City Clerk to proceed with the of the bidsI whereupon, the Deputy City Clerk opened and read the followlng bids: Traffic Engineers Supply Corporation $ 9,295.00 Econolite 10,8 ? 2.50 LFE Corporation, Automatic Siqual Division 12,766.00 Mr. Thomas ~oved that the bids be referred to a committee to be appointed by the Mayor for tabulation, reRort and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Sam H. McGhee~ III, Chairman, J. D. Sink and B. B. Thompson as metnbers of the connnlttee. BRIDGES: Pursuant to notice of advertisement for bids for paillting the Wasana Bridge, said proposals to be received by the City Clerk until 2 p.m., Monday, February 11, 1974, and to be opened before Council at that hour, Mayor Webber asked if anyone had any guestions about the advertisement for bids and 477 no representative present raising any question, t~e~¥or instructed the Deputy City Clerk to proceed with the opening o~ the bidsl whereupon, the Deputy City Clerk called to the attention of Council copy of a co~munication adctressed ~o the Clty Hanager from Virginia Tank & Steel Service Co~pany~ Incorporat ed, advising that since they have been awarded the contract to clean and paint the Carroll Avenue rater tanh, they feel they could subm/t a most competitive bid to accomplish the proposed Wasena Bridge york in conjunction with the water tank ~ork if they had ample time to prepare their p~oposel, and that should Council reject any bids received for the bridge work or should Council decide to stay their final decision on awarding the con~ect, Virginia Tank & Steel Service Company would be very much interested in sending their bid proposal for this ~orko The City Hanager assured Council that the invitation for bids for this project was properly advertised~ whereupon, Hr. Thomas moved that council proceed with the opening of the bids. The motion was seconded by Hr. Hubard and unanimously adopted. The Deputy City Clerk then opened and read the following bids= Burgess Brothers Painting Contractors, Incorporated L. R. Brown, Sr. 2?,?50.00 Electrical & Industrial Maintenance Corporation 44t685.00 Hr. Thcakls moved that the bids be referred to a conn~ittes to be appointed by the Mayor for tabulation, report and recon~endatien to Council. The motion was seconded by Hr. Trout and unanLmously adopted. Mayor Webber appointed Messrs. Sam H. McGhee, III, Chairman, and Charles L. Gutshall as members of the c~ittee. BUDGET-SCHOOLS: Dr. Harold H. Hopper, President, Virginia Western Commtulity College, appeared before Council and presented the 1974-75 budgetary request of Virginia Western Connnunity College for the fiscal year beginning July l, 1974, to June 30, 1975, advising that the City of Roanoke is being requested to appropriate $30,45?.95. Hr. Trout ~ved that the request he referred to 1974-75 budget study. The motion was seconded by Hr. Lisk and unanimously adopted. PETITIONS AND CO~/tUNICATIONS= BUDGET-JAIL: A connnunication from Sheriff Paul J. Puckett requesting that $18,000.00 be appropriated to Food Supplies ~mder Section %26, 'Jail,~ of the 1973-74 budget, to provide funds for the remainder of the fiscal year, was before Council. Hr. Lisk moved that Council concur in the request and offered the following emerge/Icy ordinance: (~21353} AN ORDINANCE to amend a~d reordain Section %26, 'Jail,~ of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 122.) 478 ~tr. Llsk ~oved the adoption o£ the Ordinance. The motion was second- ed by Hr. Trout and adopted by the following votes AYES~ Hessreo Garland, gubard~ Llsk~ Taylor, Thomas, Trout and Hayor Webber ......................................... 7 · NAYS ~ None .......................... 0o BUSESz Copy of Resolution NO° 532 adopted by the Council of the To~n of Vln~on favoring the Roanoke Valley T~ansportation District and the particl~ation by tho To~n of Vlnton in said Roanoke Valley Transportation Dls~ict, was before Council° H~. Trout moved that the Resolution be received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. TAXES: A joint con~nunicatlon from H~So Iris Ao Terry and Hrs. H~ry E. Staton protesting the sewage trea~nent tax on their water bills was before Council. Hr. Thomas moved that the co~nunication be received and filed. The motion was seconded by Hr. Trout and unanimously adopted. STP~ET LIGHTS~ Copy of a co~anunication from the Appalachian Power Company ~ansmttting a llst of street lights ins~alled and/or removed during the month of January, 1974, was before Council. Dr. Taylor moved that the list be received and filed. The motion was seconded by Hr. Trout and unanimously adopted. I~EPORTS OF OFFICEP~: COMPLAINTS: Council having referred the matter of massage parlors to the City Manager for investigation and report, the City Manager submitted a written report advlsing that massage parlors are new to law enforcement agencies and the problems they present are unlque, that the primary problem inhibiting law enforcement are the vague laws which are used as guldelines, that the Police Department placed massage parlors under close surveillance over a year ago and in the process has interviewed several employees of these businesses, that through these interviews there was established a reasonable belief that prostitutio~ soliciting for ~mnoral purposes, etc., had occured at various times at different locationS, that there has been no evidence of ABC violations at any Of the approximate 10 - 12 massage parlors operating within the city, that there are no regulatory license requirements as such, that the building co~e requirements are the same as for any business place, that the State Health Department has no regulrements for massage parlors and no inspections are ~ade by them, that proof that illegal activity exists reguires engagement by covert investi- gators in this illegal activity to a point short of entrapment and short of illegal acts on the part of the investigator, a difficult if not impossible task, that most citizens are offended by such illegal activity and he supports such protest~ h~wever, sincere, emotional allegations must be followed by careful investigation to assure lawful arrest and the proper presentation of evidence ~o the courts, that close police surveillance and arrests wl~ln ~e ~ds of legal ~id~ce will continue, ~at new laws or ord~ces per~lng to ~ssage parlors need to ~ enacted and f~er e~slon of ~e n~er o~ ~ssage parlors could ~ controlled by City Co~cil by ~ ~nt to ~e Zon~g Ord~ce to =e~lre ~at all new ~ssage parlors go ~fore ~e ~ard of Zon~g Ap~als for a Special Use Pe~t and he reco~nds ~at Cocci1 consider this action. ~n ~ls co. cotton, a ~tttlon s~ed by 68 ~s of ~e Willi~on ~ad ~ch of ~e Bremen, re~esting ~at ~cil investigate ~e ~ssage parlors In te~ o~ c~li~ce wi~ ~y an~ all federal~ s~t~ and city laws applicable to sa~ bus~esses ~ ~at ~ Ord~n~ce enacte~ which ~ul~ close ~e legal l~pholes which all~ such businesses to exist in ~e City of Ro~oke, was before ~e ~y. A petition sl~ed by 58 residents op~sing ~e opening operation of ~ssage parlors ~ fur~er opposing ~e o~nlng of a new ~ssage parlor at 5206 Willi~on Roa~ N. W.~ was also before Co,cji. A f~er petition si~ed by 89 resid~ in ~avor of closing ~ssage parlors ~ ~e City of ~oke, was also ~ore Cocci1. ~. Garl~ move~ ~at ~e ~tter of a Zoning Or,in,ce ~en~ent ~ re~ire ~t all new ~ssage parlors go before ~e ~ar~ of Zon~g Ap~als for a special use ~t be referre~ to ~e City Attorney for study an~ re~rt an~ for ~e p~se of draft~g ~e propose~ Zoning Ordin~ce ~en~nt. ~tt~r also ~ referre~ to ~e City PI~g ~isslon for study, report rec~en~ation. The ~tlon was secon~e~ by ~. Lisk and ~usly a~opte~. ~. Garl~ f~er ~ve~ ~at ~e ~tter o~ increasing ~e license fee for ~ssage parlors be referre~ to the ~ev~ue Study Co~ssion for study, re~rt ~ rec~-~ation to Co~cll. The ~tlon was seconde~ by ~. H~ard ~ ~us)y ado~e~. ~. Lisk ~ved ~at all pe~tions relative to ~e ~tter of ~ssage parlors ~ receive~ ~ filed. The ~tion was seconde~ by Dr. Taylor ~d ~u~ ly adopted. ~TION-~NSOLIDATION= Co~cil hav~g previously re~este~ ~at ~e City ~ager f~ish ~ wi~ a cost estate as to engineering, acco~tlng ~ legal se~ices for re~ial of ~e a~e~tion case, ~e City ~a~er s~tte~ a ~itten report ~s~tt~g a recap as prepare~ ~e City Au~i~r show~g ~a~on e~ses for ~e last five call,ar ~ears, a~vis~g ~at ~ere are ade~ate f~s wi~in ~e c~rent budget for ~e anticipat~ ~a~on costs which ~ght be ~c~re~ d~ing ~is fiscal year, ~at additional f~ds will have to be budgete~ for n~t fiscal year~ ~ rec~ing ~at Co,oil au~orize ~e City ~ager to enter into a con~act wi~ Hayes, Seay, ~tte~ ~ ~tte~ ~chitects and ~gineers, for a~exation consulting se~ices to ~ pai~ on a per basis. 479 480 ~r. ThOmas moved that action on the matter bo deferred and that Council meet with the City Planager following the next regular meeting of Council on Tuesdayw February 19, 1974, to discuss the annexation program. The motion was seconded by Itt. Trout and unanimously adopted. SEWEBS AND STORM D~AINS-GI~ANTSz The City Manager submitted a written report advising that the city has bean notified by the State Water Control Board that grant funds are available for the replacement of tho Trout Run Sanitary Sowor and for the replacement of the Norfolk Avenue-Down- to~n Interceptor~ that the Environmental Protection Agency proposes to pay 75 per cunt of the total cost of the replacement of these interceptors and the State Water Control Board will fund an additional 10 per cent, totaling 85 per cunt of the total cost of the two projects, with the remain- ing 15 per cent to be financed by the City 'of Roanoke, recommending that Council authorize the City Manager to apply for tho state and federal grants and in sO doing, execute in the name of the city the required applications. Mr. Thomas moved that Council concur in the reco~endation of the City ~anager a~d offered the following Resolution: (J21354) A I~ESOLUTION authorizing and directing application to be made to the Virginia State Water Control Board and the Federal Water Pollution Control A~ministration for a grant to the city under the Fedoral Water Pollution Control Act for aid to design and construct replacement Sanitary Sewer Interceptors along Trout Run and Norfolk Avonue to Downtown Roanoke, and thence to Tinker Creek, State Wator Control Board Project Nos. C-51049303 and C-51050502. (For full toxt of Resolution, see Resolution Book No. 39, Page 123.) Mr. Thomas moved the adoption of the liesolution. The motion was seconded by Dr. Taylor and adopted by the foll~wing vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ..............................7. NAYS: None ......................0. BUSES: The City Manager submitted a written report advising that at its ~eting on February 4, 1974, Council directed the Transportation Study Committee Council members and the City Hanager to visit Washington, D.C., and Richmond, Virginia, to ~ndoavor to expedite UMTA Grant activities and fuel allocations for school buses, that at the direction of the Chairman of the Transportation Study Co~maittee, the individual handllng the city's UMTA Grant was contacted for an appointment, that this individual, a Mr. Maderson, advise~ that it would be duplicative and wasteful for the co~mlittee to visit hi~ in Washington since his duties necessitated his visiting Roanoke to viow tho facilities and equipment ~o be covered in the grant, that contacts have been also made with the Office of Oil a~d Gas, Regional Energ~ Office~ in Philadelphia, Pennsylvania~"with regard to ~uel allocaClon for school buses, that tho Texaco ~om~any reportedly has al~ned off that they ca~ provide this fuel to the city and the foTM are being forwarded to that office for their etam~ of approval, ~hat they indicate that that approval is ~erfunctory in nature and should not be long in conL[ng and that this would indicate there ia no need to visit the'Philadelphia Regional Energy Office at this t~me. Mr. Llsk moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. GRANTS-JU~FENILE DETENTION HOHE: The City Manager submitted a written report recomending that Council concmr in the development of the programs of Outreach Detention and of Regional Transportation by the Roanoke Juvenile Detention Home, that Council concur in the application for a Law Enforcement Adm~nistration A~sistance Grant for both progranm and that Council, by ~roper Resolution, invite the governing bo~ies of Alleghany County, Bath County, Boteto~t County, Craig County, Roanoke County and the Cities of Clifton Forge, Covington and Salem to indicate their support of these services and their willingness to negotiate a contract for per diem cost of these services. Dr. Taylor ~ved that Council concur in the report of the City Manager and offered the following Resolution: [%21355) A RESOLUTION authorizing and concttrring in the develop- me~t o£ program~ Of outreach dete~tion and of regional transportation by the Roanoke Juvenile Detention Ho~ authorizing and concurring in the filing of an application for a Mw Enforcers/it ~h~/aistration Assistance Grant for said progran~s~ and inviting neighboring political sub~lvisions to join the city in supporting and financing said programs. (For full text of Resolution, see l~esolution Book No. 39, Page 124.} Dr. Taylor moved the adoption of the Resolution. The motion was seconded by Mr. Lisk' a/Id adopted by the following vote= AYES: Messrs. Garland, Hubard, L~sk, Taylor, Thomas, Trout and Mayor Webber .................................. ?. NAYS: None .........................0. ZONING: Council having referred to the City Manager for study, report and recoAnuendation the request of Mr. Berlin R. Jones for permission to operate a small repair shop on a part-time basis in his home at 1211 Penrod Avenue, S. E., the City ~nager su~tted a written report advising that Mr. JOnes' property is zoned ~D, Duplex Residentlal, that the Zoning Ordinance permits Personal Service Home Occupations in a resldent/al district, that the proposed repair shop could ~ot be considered as personal service, therefore, its operation would be in violation of the Zoning Ordinance, that repair shops must be located in C-2, General Co~nercial Districts, or LM, Light ~anufaot~lring Districts, and recommending that the Zoning Ordinance not be waived and that the request of Mr. Jones be denied. 481 482 In this connection, }tr. Jones appeared before Council in support of his request. . . Hr. r, isk moved that Council concur in the reccmaendation of the City Haneger that the request be denied. Hubard and unanimously adopted. ZONING: Council having referred to tho City ~t~nager for study, report and rec~-dation the request of H~. Elvln Harshall for permission to perform ~ork on small electrical units, oa a_ part-time basis, in a garage located at the back of his home at 2238 Kimball Avenue, H. E., the City Hanager sub~tted a w~itten report advising that ~r. ~arshallst property is zoned RD, Duplex Residential Dlst,~lct. that ordinance No. 18724 amended the Zoning Ordinance by adding a new paragraph {h) under the definition of "Home Occupation,' that this amendment permits activities in the nature of repair of television receivers and repair of fractional horsepower motors, that the ~end~ent further provides that permission for car~ylng on such activities shall be granted solely at the pleasure of Council, that 'r_he proposed activites are similar in nature to the repair of fractional horsepower notors which is permitted as aforementioned, that repair shops are not compatible with residential uses and would tend to change the character of the neighborhood in which they are located and therefore, teen,ending that the request of Hr. Marshall be denied. In this connection, Hr. Marshall appeared before Council in support of his request. Hr. Lisk moved that Councll concur in the recommendation of the C~ty Manager that the request be denied. The motion was seconded by Hr. H~bard a~d u~ani~ously adopted. STREETS AND ALLEYS: The City Manager submitted a written report advising that there exists a need for the city to dedicate a segment of land from lot number 3341219 to streets to provide a 50~ wide right of way for 20th Street, N. E., end Varnell Avenue, N. E., that dedication of this five foot strip of land not only would insure a 50~ wide m~nimum standard right of way but also would provide a vastly ~m~roved 3?.25" tur~ing arc which would create a much safer turning mov~nent for vehicular traffic, and reco~end~ng that Council, by Ordinance, approve the dedication of this right of way. Dr. Taylor moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance= (%21356) AN ORDINANCE providing for the dedication of certain lend~for public street purposes out of Lot 20, Block 10, as shown on the 'Hap of East Gate A~dit~on to the City Of Roanoke, Official No. 3341219, under provisions of the City's Land subdlvisionOrdinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Rook No. 39, Page 125.) Dr. Taylor ~oved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote= AYF.~ Hessrso Garland, ltubard~ Llsk~ Taylor~ Thomas~ Trout and ~ayor Webber ................................. NAYS ~ None ........................ 0 · AIRPORT-POLIC~ DEPARTN~RT~ The City Manager subs~ltted a written report advising that on January 28, 1974, he tran~nltted to Council two reports An connection with the purchase of replacement police vehicles and a replacement utility type vehicle for cnn~e tra~sportation, that at the t~me these reports were submitted Council appropriated additional funds in each instance, but as no acc~mpanying Ordinance accepting or ~ejecting the bids had been prepared, this aspect was carried over until they could he prepared, that at the suggestion Of the City Attorney, he reviewed these two co~ittse reports In detail with specific interest in the exceptions taken by the low bidders, that tn the instsnce of the bid of A~trJ~ Motors to provide 24 Dodge Corllets, the exceptions taken to the specifications appear to be An favor of the city, for example, where the specifications asked for a 350 ~[n~mum to 560 m~x~a~n cubic inch displacement englne~ Antrim Motors bid a standard police vehicle with a 400 cubic inch displace- ment, that the bid con. tree realized that this was a somewhat more power- ful engine than specified, however, felt that th~s exception was tn the favor of the city, that they discussed this ~atter with the Assistant C~ty Attorney who reviewed the bids and gave them au interpretation that it was ~egal and acceptable for the city to accept the iow bid with this exception~ that with respect to the Bids received for a utility vehicle, the com~/ttee reco~ended acceptance of the low hid which contained exceptions which were not ~n the clty~s favors recommending that Council accept the iow bid of ~trim Motors, Incorporated, to provide the 24 Dodge Cornet pOlice vehicles at a total cost of $86,418.24~ and that with respect to the utility vehicle, that At ks reconn~ende~ that all bids be rejected and that the conznlttee review the extstlng specifications for possible revisions prior to reblddlng this Mr. ThOmas moved that Council concur in the recommendations Of the City ~sger and offered the following emergency Ordinance accepting the proposal of Antrim Motors, Incorporated= (~21357} AN ORDINARCE providJ~g for fur~ishing the city twenty- four (~4~ new 19?4-model automobiles for use by the Police Department, by accepting a certain proposal made therefor~ and providing for an emergency. (For full te~xt of Ordinance, see ordinance Book No. 39, Page 126.) Mr. Tho~as ~ved the adoption of the Ordinance. The ~tlon was seconded by ~r. Trout and adopted by the following vote~ AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................ ?. NAYS: None .....................0. 483 484 ~r, Thomas then offered the' following Resolution rejecting all bids received for the utlllty-t~pe vehicle: ([21358) A RESOLUTION rejecting all bids received for furnishing one utlllty-t~pe vehicle for use by the Police Department's K-9 P~o~ram and directing that the ma2ter be readvertised for ne~ b~ds. (For full text of Resolution, see Resolution Book No. 39, Page 127.) ~Lr. Thomas ~oved the adoption of the Resolution. The motion was seconded by Hr. Trout and adopted by the follOWing vote: AYES: Messrs. Garland, Hubard, Ltsk, Taylor, Thomas, T~out and Hayor Webber ................................. NAYS: None ........................ STATE HIGHWAYS: The City Hanager submitted a written report advising that the Virginia Depart=~nt of Highways conducted a combined location and design publlc hearing on Wednesday, January 23, 1974, in connection with the Route 118 revision oE the Intersection with Williamson Road and Hershberge= Road, and =econ~ending that Council concur in the plans for this project as presented by the Virginia Department of Highways. Mr. Lisk ~ved that Coencil concur in the recc~mendation of the City Manager and offered the following Resolutlon= ([21359) A RESOLUTION approving the locatlon and design of certai~ ~rovements to the intersection of Stet~ Route 118 and Willia~son Road, tn the city, proposed as State Highway Pro~ect 0118-128-101, C-501. (For full text of Resolutlon, see Resolution Book No. 39, Page Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Mr. Garland end adopted by the following vote: AYES= Messrs. Garland, Hubard, L£sk, Taylor, Thomas, Trout and Mayor Webber .............................. NAYS: Hone .................... 0 · ~La~qKET: The City Manager sub, fred a written report advising that on July 6, 1971, Council approved three leases for a duration of ~ years each for stall space inside the City Market Building, that these leases became effective on December 1, 1971, and expired on November 30, 1973, however, each lessee had the option of renewing their respective leases with Council having the option of establishing the ~aonthly rental rate, that the lessee, stall space and rental rate in each instance is as follows: Russell O. Hs-nabass, Stall N~mbers 6, 8 and 10 for $360.0~ per ~nth~ Clarence E. Hundley, Sr., Stal! N~mb~r 4 for $120.00 per month~ and F. P. Murray, ~ncor~orated, Stall Numbers 1, 3, and 5 for $~60.00 per month~ requesting that Council adopt an Ordinance approving the continuation of the above rates for the period of Dece~er 1, 1973, through DecOr ~, 197~, thereby setting the rates a~d agreeing to the renewal option of the original lease. ti Mr. Trout moved that Council concur in the request o£ thc Hanager alld offered the folloving emergency Ordinance: (121360) AH ORDIHANCE fixing the amounts of monthly rentals to be paid to the city by the tenants of certain stalls at the City ~arket Building. (For full text of Ordinance, see Ordinance Book No. 39, Page 128.) ~. Trout moved the adoption of the Ordinance. The motion vas seconded by Dr. Taylor end adopted by the ~ollowing vote~ AYES: Hessrs. Garlandt Bubard, ~.isk, Taylor; Thomas; Trout and Hayor Webber ............................... HAYS = None ...................... 0. STATE BIGHWAYS-BP~IDGESt The City Manager submitted a written report advising that the Virginia Department of Highways conducted a combination location and design public hearing on December 12, 1973; for the new Jefferson Street Bridge Project over the Roanoke River and the Norfolk and Western Railway; that considerable comment was made during the public hearing concerning tho proposal to construct a sidewalk on both sides of the pro- posed new bridge over the Roanoke River and the Norfolk and Western Railway tracks and the removal of the existing Jefferson Street Bridge over the Roanoke ~/ver, that the following reco=~endatinns are made as a result of the hearing, (1} that no sidewalks be provided on the m~in roadway over the railroad and the river including both the structure and the approaches to it~ (2) that a separate pedestrian bridge be constructed over the Roanoke River; in the same approximate location as the existing bridge over the river, the utillty CO=~anles desiring to attach their facilities to the pedestrian structure would share in the design cost and the construc- tlon cost in proportion to the requlre~nents of their faeilitles as co~pared to reguire~ments of a pedestria~ bridge only; (3) that the city exprese its desire for the pedestrian bridge to extend over the proposed relocatlon of Wiley Drive if feasible; and reco~nuending that Council concur in and approve the plans of the project as modified by the above reco~nendations. Mr. Lisk moved that Cou~cll concur in the report of the City }tanager and offered the following Resolution: ([21361) A RESOLUTION approving the location and desig~l for the new Jefferson Street Bridge over the Norfolk and Western Roilway company tracks and Roanoke River, in the City, State Highway Project No. UOOO-128-106~ PH-101, RW-201, C-501, B-606, Federal Project T-5501 (8), with certain additional recomm~ndations regarding changes in the project to better accom- modate pedestrian traffic. (For full text o[ Resolution, see Resolution Book No. 39, Page 129.) 485 '486 Itt. Llsk moved the adoptLon o£ the Resolution. The motion vas seconded by Kc. TrOut and adopted by the follOW'Lng VOte: AYES: Kessrs. Garland, Hubardt Llsk, Taylor, Thomas, Trout and Hayor Webber ..................... - ........ 7o ~A¥S: None .................... 0 ° STRUT ltM~S~ The City planning C~m~esion snb~tted a written port rec~"d~ng that that section of.street running adjacent to the Grandview Apartments, Just of£ of Grandview Avenue, N. H., opposite Herr Street, N. H., be named Herr Street, N° H. . Kc° Thomas moved that the m~tter be referred to the City Attorney for prepara~on of the proper measure. The motLon was seconded by Kc. Trout and unanimously adopted. STREET NAMES: The City plar~%ing CO~=~ssion sub~tted a written report reco~-d~ng that that section of street running parallel to Kirkland Drive, N. W., and joining with G~enroy Street, N. W.~ be named 0rdway Drive, N. W. Kc. Thomas moved that the ~atter be referred to the C~ty Attorney for preparation of the proper measure. The motion was seconded by Kc. Trout and unanimously adopted. PLANNING-CENSUS: The City Planning Commission sub~tted a written report in connection with an apparent population level increase and its flscal ~pllcations. Kc. ~.isk moved that the report be received and filed. The motion was seconded by Kc. Thomas and unanimously adopted. ZONING= The City Pla~ing Comm/ssion submitted a written report recommending certain m/nor revisions to Section 32 of the Zoning Ordinance as follows: .an amendment to provide reference to the more recently adopted 1985 Ma]or Thoroughfare plan for setback purposes as opposed to the 1980 Roanoke Valley Regional Area Ma~or Arterial Highway plans, which is pres~tly noted in Seotion 32 of the Zoning 0rd~nance. · - - ~ .the ~se of the 1985 Thoroughfare Plan ~n con~anotion with prelJJ~/nary highway drawings to establish accurate setback lines. This ts necessary since it is difficult to deter~ne by scale the actual setback line utilizing only the 1985 Highway Pla~. The prel~inary highway plans givs a ~ore exacting right of way line and location of existing structures and the and the scale is easier to plot from. Kc. Trout moved that Council hol~ a public hearing on the proposed Zoning Ordinance ~endment at ?:30 p.m., ~onday, March 2~, 1974, in the Council Chamber. The motion was ~econded by Kc. Lisk and u~a~mous~y adopted. ZONING= The City Plan~ing Comm{$sion subm/tted a written report in connection with the request of Mr. Jack V. Place, Attorney, repre- senting 117 Investment Corporation that property located on the southeast corner of Westwood Boulevar~ and Lynchburg-Salem Turnpike, N. W., described as Official Tax No. 2640304, be rezoned fro~ P~-3, Single-Fam/ly Resldential District, to LM, Light Manufacturing District, reco~ending that the request be denied. 11 Tn this connection, a c~mnunlcatlon fro~ Ph~, Place requesting permission to withdraw the petitlen for rezon~ng, was before Council. Mr. Trout moved that Council concur in the request for peredsslon to withdraw the petition for rezoning. The motion was seconded by Dr. Taylor and ttnanl~ously adopted. ZONINGI The City Planning C~m~ssinn submitted a written report in connection with the request of Mr. C. John Renlckw Attorney, representing MS. Lois H. R~c~man and Ms. Betty H. Hull~ns, that property located in the 3500 block of Colonial Avenuew S. W., described as Official Tax Nos. 1570113 and 1570114, be rezoned from ~S-2, Slngle-Fa~ly Residential District, to RG-1, G~neral Residential District, recomm~nding that the request be denied. ' Hr. Trout moved, that action on the request be deferred until the n~xt regular meeting of Council on Tuesday, February 19, 1974, In order for the attorney to contact his clients to determine whether or not they desire a public hearing on the request. The motion was seconded by Hubard and unanLmously adopted. ZONZNG: The City Planning Comm~ssion sub~/tted a written re~ort in connection with the request of Hr. W. H. Fralln, Attorney, representing Creative Offices, Incorporated, that property located on the southwesterly side of the 3100 block of Hlllcrest Avnnue, N. W., described as Official Tax Nos. 2070335, 2070336 and 2070337, be rezoned from RD, Duplex Residential District, to RG~I, General Residentlal District, reco~ending that the request be denied. Hr. Trout moved that a=tion on the request be deferred until the next regular ~eet~ng o£ Councll on Tuesday, February 19, 1974, in order for the attorney to co~tact his client to determ/ne whether or not he desires a public hearing on .the r~quest for rezoning. The motion was seconded by Hr. Hubard and unanimously adopted. ZONING= The City Planning Comm/ss~on submitted a wrltt~n report in connection with the request of Hr. Richard E. Vier, Attorney, representing Mr. Donald D. Berglund that property located at 134 Thurston Avenue, N. K., described ~s ~ots 31 and 32, Block C, Hap of Williamsen Groves, Official Tax No. 3080920, be rezoned from RD, Duplex Residential District, to C-2, Gennral Commercial District, reco~aending that the request be granted. Hr. Trout moved that Council hold a public hearing on the request for rezoning at 7:30 p.m., Monday, Morch 25, 1974, in the Council Chamber. The motion was seconded by Dr. Taylor and nnan~mously adopted. I~E~ORTS OF CO~fl~IT~T~S: LICENSES= Council having requested that the C£ty Attorney, the City Auditor and the Com~n~ssioner of the Revenue provide a recormnended solution to the problem of Hr. Robert S. Rucker in connection with a refund 487 488 on his 1973 bus~ness license since' he discontinued autc~oblle dealership of Roanoke Citroen Hotora on April 31~ 1974~ the ccsm~tttee std~altted the following reports · 'February 11, 1974 The Honorable Hayer and Hembers of Roanoke City Councll Roanoke, Virginia At.the meeting of the. Council held on February 1974~ you appointed the undersigned a c~tttee to con- sider the suggestion made by me.bars of the Council that the time fixed by current provisimls of the City's cerise, Tax Code within which application may be made for which subsequently ceases Its operations be extended beyond December 31st of the license year. The commit- tee was directed to consider the advisability of so ~nendlng the Code as to extend throughout the first quarter o£ a succeeding tax year the ability to apply for proration and re£und of such license tax, as opposed to December 31st of the license year in which the busi- ness may have been terminated. For licensing purposes, the tax year c~,~ences On January 1st and expires on December 31st, each year~ and ell businesses are required to obtain current li- censes, if without penalty, prior to the 'first day of February of the current tax year. This being so, it would appear unwise to the c~!ttee that businesses in active operation be required to obtain new licenses by January 31st of each year, but, at the same time, allow businesses which have ceased operation at same time during the preceding year to defer until March 31st of the next year their notification to the Commissioner and application for partial refund of the license tax assessed for the preceding year. Accordingly, the undersigned recommend to the Council that if the time for application in such cases be extended beyond December 31st of any current tax year, it should not be made longer than January thirty- flrst of the tax year next following. To that end, the City Attorney has prepared the attached ordinance which, aa an emergency amendment of Section 20, Chapter 8, Title VI of the city code would, in its effect, provide that any licensed business which, for any reason, is pemently discontinued and ceases during the year of such license may, by January 31st of the year next following, upon proper showing obtain pro- ration and refund of that portion of the license tam previously paid as is proportionate to the part of the year in which it is not operated. . ' . · . In considering the above assist the co~m~tttee has 'fur- ther considered and discussed at some length certain of the pro- visions contained in the abevementloned Code section which, in view of better administrative procedure and possible court inter- pretatlon, might justify some further amendment cf that sectionI and your committee suggests that it be allowed to further consider these matters, reporting back to the Council if any additional amendments of that section appear to be in order. Respect fully S/ A. N. Gibson S/ Jerome S. Howard, Jr. A. N. Gibson, City Auditor Jerome S. Howard, Jr., S/ J. N. Kincanon J.N. Klncanon, City Attorney' li Hr. Llsk moved that Council concur in the report of the committee and offered the following emergency Ordlnance~ ([21362) AN ORDINANCE amending and reordaining Sec. 20. Proration, of Article I, Chapter 8, Title VI. Taxation, of The Code of the City of ROanoke, 19S6, as amended, making provision for tho proration of certain license taxes imposed ~n said Chapter, and the circumstances under and the time within which proration may be made~ and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 39, Page Mr. Lisk moved the adoption of the.Ordinance. The motion was seconded by Mr. Garland and adopted by the:following vote: AYESt Hessre. Garlandw Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber .............................. NAYS: None. .0. The City Attorney verhally pointed out' that-.the connnittee report failed to inform Council as to procedures that are to be followed in the future in order to notify a l£censee of steps which should be followed if he goes Out of business during that particular tax year, advising that th~ Commissioner of the Revenue mails to each licensee each y~ar a 'flyer' which includes certain information of interest and that in the future the licensee will be informed on that 'flyer' that if he goes out of business, he has until January 31 to apply for his refund. PARKS AND PLAYGROUNDS= Co.nc/! having referred to a committee for tabulation, report and reco~nnendatlon the'bids received for grading to cover the box culvert in Washington Park and raising of existing manholes et the same location, the committee submitted a'wrltten report reco~unending that the one hid received from Burado Construction Company, in the amount of $99,000.00, be rejected since ~t far exceeds the clty~s estimate for the project, and that the project be readvert~sed for bids at a later date. Hr. Garland moved that Co~cil co. cur in the reconnnendatlon of the coronettes a~d offered the following Resolution: (~21363) A RESOLUTION rejecting a bid received ~or the grading to cover the box culvert in Washington Park and raising the existing manholes at the sa~e location, and directing that the project be readvertised for new bids. (For full text of Resolution, see Resolutlon Book No. 39, Page 132.) Mr. Garland m~ved the adoption of the Resolution. The motion was seconded by Hr. Lisk und adopted by the following vote: AYES= Messrs. Garlend, Hubard, Lisk, Taylorw Thcdnas, Trout and Mayor Webber .............................. NAYS: None .....................0. SIDE~L~LK, CUrB AND GUTTER: Council having referred to a committee for tabulation, report and rec~udation the bids which were received for the replacement o£ s~dewalk, curb and gtltt~r, the c~ttee submitted a written report reco~muending that the proposal nE H. & S. Construction Cos~any, in the amount of $24~800.00, for Division I, and $49m600.00 for Division II, be accepted. Mr. Trout moved that Council concur in the reconnnendation of the con~ittee and offered the following emergency Ordinance: (%21364) AN ORDINANCE accepting the:proposal of H. & S. Construc- tion company for the construction of. concrete curb, gutter and sidewalk at various locations in the City of Roanoke~ authorizing the proper city officials to execute the requisite contract~ and providing for an emergency. (For full text of Ordinance, see Ordinance BOOk No. 39, Page 133.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ 7. NAYS: None .......................0 WATER DEpARTHENT: Council having referred to a committee for tabulation, report and recon~nendation the bids which were received for certain improvements at the Falling Creek Filter Plant, the committee submitted a written report recon~ending that the proposal of Frye Building Company, in the amount of $19,371.00, be accepted. Mr. Trout moved that CoUncil concur in the recommendation of the c~ttee and offered the following emergency Ordinance: (~21365) AN ORDINARCE accepting the proposal o£ Frye Building Company for certain improvements at the Falling Creek Filter Plant, authorizing the proper city offlcial to execute the requiste contract~ and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 134.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ..................................... ?- NAYS: None ............................0. WATER DEPARTMENT: Council having referred to a co~ttee for tabulation, report and recommendation the bids which were received for the construction of a 13' x 4~ single box culvert to enclose Trout Run near Moorman Road and Ninth Street, N. W., the committee submitted a written report recommending that the proposal of' J. P. Turner end Brothers, Incor- porated, in the ~ount of $29,495.?0, be accepted, and further reco=~nendlng that an additional $9,55~.11, be appropriated for this project. Mr. Llsk ~oved that Council concur in the reco~endation o£ the com=lttae and offered tho follow~ng emergency Ordinance appropriating $9,553.11 to Box Culvert to Enclose Trout Run under Section %89, 'Transfers to Capltal Improvements Fend,' of the 1973-74 budget= (~21366) A~ ORDZ~CE to amend and reordain Section %89, 'Transfers to Capital Improvements Fund,' of the 1973-74 Appropriation Ordi- nance, and provid~ng for an emergency. (For full text of Ordinance, see Ordinance Book HO. 39, Page 135.) ltro Lisk ~oved the adoption of the Ord~nenceo The motion was seconded by Hr. Trout and adopted by the following vote= AYES= Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ...............................7. NAYS= None .......................0. Mr. Lisk then offered the following ~mergency Ordinance accepting the proposal of J. P. ~urner and Brothers, Incorporated= (%21367) AN ORDINARCE providing for the construction of a single 4-foot by 13-foot box culvert to enclose Trout Run near Moorman Road and Ninth Street, N. W., upon certain terms and conditions, by accepting a certain bid made to the city; rejecting certain other b£ds~ and providing for an emergency. (For full text of Ordinance' see Ordinance Book No. 39, Page 136.) Hr. Lisk laoved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ..............................7. NAYS = None ...................... 0. SEWERS AND STORM D~AIN$ = Council having referred to a co~ittee for tabulation, report and reco~ndation the bids which were received for a storm ~rain on Springhill Drive, N. W., from Cove Road to Falrland Lake, the committee submitted a written report recomending that the proposal of Woods Plumbing and Heater, tn the amount of $23,604.00, be accepted, and further recommending that an additlonal $13,126.58 be appropriated for this project. Mr. Lisk moved that Council concur ~n the recommendation of the co~=~/ttee and offered the following emergency Ordinance appropriating $13,126.58 to Sprlnghi11 Drive, N. W., Storm Drain under Section %89, 'Trans- fers to Capital I~rovements Fend,' of the 1973-74 budget: (%21368) AN ORDINANCE to amend and reordain Section %89, 'Trans- fers to Capital Improvements Fend,' of the 1973-74 Appropriation Ordinance, and prov~ding for an emergency. (For full text of Ordinance, see Ordinance Book No, 39, Page 137.) 491 492'' N~o Llsk moved ~he adoption of ~he O~na~ceo The ~t~on seconded b~ Dr. Ta~lo~ ~d adopted by ~e foiling ~te~ A~ ~ssrs. 6arl~d~ H~a~d~ '~sk, Taylor, ~s~ Trout and ~yor ~eb~r ............................... ~YS~ None ...................... 0. ~. Lisk ~en offered ~e roll.lng ~r9en~ Ordin~ce accepting ~e pro~sal of ~s PlYing ~d Heating~ (~21369) ~ O~IN~CE accepting a bid ~d avarding a contract for ~e cons~cb~on of ~e Springhill Dz[ve sto~ dza[n, from Cove H. H., to Fairl~d ~e, u~n cez2ain te~ ~d conditions~ re,eating tain o~er bids ~de ~ezefor~ ~d providing for ~ ~rgency. (For full text of Ordin~ce, see Ordln~ce ~ok No. 39, Page ~. List ~ved the adop2ion of ~e Ordin~ce. The wtion seconded by ~. T~ut ~d adopted by ~e foll~ing vote: A~S: Hess~s. Garl~d, H~ard, ~isk~ Taylor, Th~s, Trout and ~yor Neb~= ................................ ~YS = None .......................0. ~INIS~D BUSINGS: AUD~-COLIS~= COCCi1 at Sts last re~lar meeting on Monday, Februa~ 4~ 1~74, having re~este~ ~at ~e City Auditor an~ ~e C~ty Atto~ey re~rt on ~e proper proced~e which should be foll~e~ ~n reference to ref~ding monSes collecte~ from ~e sale of t~ckets at the Ro~oke Civic Center, ~e ~tter was before ~e ~y. The City Atto~ey verbally re,fred that ~e ~tter w$11 be on ~e n~t ag~da of Co~cil for ~esday, Feb~a~ 19, 1974. ~. Tho~s ~ve~ that act$on on ~e ~tter be deferred ~til next re~lar meet~g of Co~ci~ on ~esday~ Feb~a~ 19, 1974. T~e motion was secon~e~ by ~. Lisk ~ ~usly ~NS~DE~TION OF C~I~= NO~. ~RODU~ON ~ CONS~DE~TION OF O~I~CES ~ ~SOL~IONS = NO~. M~ONS ~ MISCE~OUS BUS~SS= ~G~O~ J~L= ~yor Weber called to ~e attention of Co~ci~ that ~e te~ of Dr. Noel C. Taylor as a m~r of ~e Ro~oke Valley Regiona~ Correct~ons Board will e~$re on Feb~a~ 12, 1974, ~ cal~ed for n~na- tions to fill ~e vacua. ~. Lisk place~ in n~nation ~e n~e of Dr. Noel C. Taylor. There ~ing no f~er no~nations~ Dr. Noel C. Taylor was reelecte~ as a ~r of ~e Ro~oke Va~ey ~gional Corrections Boar~ for a te~ of fo~ ye~s ~nd~g F~a~ 12, 1~8, by ~e fo11~ng vote: FOR DR. TAY~R= Messrs. GarliC, H~ard~ Lisk, Tho~s~ Trout Mayor Weber ............................6. (Dr. Taylor not Voting) Ii It SMOKEs The Deputy City Clerk reported that Mr. James L. Hancock has qualified as a member of the Advisory and A~peal Board~ Air Pollution Control, to fill the unexpired term of Mr. Lucian Y. Grove, resigned, ending Dece~nber 31, 1975. Mr. Thomas moved that the report be received and filed. The motion vas seconded by Mr. Llsk and unanimously adopted. HEALTH DEPARTMENT~ The Deputy City Clerk reported that Dr. William E. Robison and Mr. William R. Reid have qualified as members of the Mental Health Services Board for terms of three years each ending December Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Lisk and unan/~ously adopted. There being no further business, Mayor Webber deolared the meeting adjourned. APPROVED Deputy City Clerk Mayor 493 GoMMONWE^L~H- OF VIRGINIA STATE LIBRARY RICHMOND 23219 PII£ROFII.H CAHERA OPERATOR'S CERTIFICATE THIS IS TO CERTIFY THAT THE MXCROPHOTOGRAPHS APPEARING ON THIS REEL ARE TRUE AND'*ACCURATE REPRODUCTIONS OF THE RECORDS LISTED ON THE TITLE SHEET PRECEDING EACH VOLUME OR "" '~ SERIES OF RECORDS MICROFILMED THEREON; THAT THE RECORDS wERE ........ H~CROF.I..U4..ED. 0N__'~_E_D.AT.E]_.O_R_D_U_R~.H.G. TH~E__.PER_I~O_D!_.A.H_._D_~.T..,.T.I'IE__ .............. REDUCTION RATIO INDICATED; AND THAT ~,fl-lEN HICROFIU4ED THE RECORDS HERE IN THE CUSTODY OF THE DEPARTMENT., OFFICE,, OR INDIVIDUAL LISTED ON THE TITLE SHEET, CERTIFICATE OF AUlllEUTIClIY THIS IS TO CERTIFY THAT THE PERI4ANERTLY VALUABLE RECORDS OF THIS OFFICE AS LISTED ON THE TITLE · SHEET ¥~'ERE HADE AVAILABLE FOR HICROFIL~III~G BY THE LOCAL RECORDS BRA~CH OF THE ~RCHIVES DIVISION OF THE VIRGINIA STATE LI'BRARY AS AUTHORIZED BY SECTIONS ].5.1-8, q2.1-82, AND q2.1-83 oF THE -~ODE OF VIRGINIA. THE PURPOSE OF THE . HICROFIL~IIRG IS TO PROVIDE SECURITY COPIES OF THE RECORDS. COUNCIL, REGULAR HEFTING, Tuesday, February 19, 1974. The Council of the City of ~oanoke ~et in regular meeting in the Council Cba=ber in the Huniclpal Building, ~uesday, February 19, 1974, at 2 p.m., the regular meeting hour, with Mayor Roy L. Webber presiding. PI~ESENT: Councilmen Robert A. Garland, Will,am S. N~bard (arrived late), David K. Lick, Noel C. Taylor, Hampton W. Thomas, James O. Trout (arrived late), and Mayor Roy L. Webber ........... ABSENT: None ..................0. OFFICERS pRESENT: Hr. Byron E. Haner, City Manager! Mr. Sam B. HcGhee, III, Assistant City Managerl Mr. James N. Kincanon, City Attorney~ Hr. H. Ben Jones, Jr., Assistant City Attorney~ and Hr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by the Reverend Herbert A. White, Highland Park United Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, February 11, 1974, having been furnished each member of Council, on motion of Hr. Lisk, seconded by Dr. Taylor and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. ACTS OF ACKNOWLEDGEMENT-COUNCIL: Hr. Lisk offered the following Resolution recording the deep regret of r_he council of the City of Roanoke at the passing of the late Honorable Roy R. Pollard, Sr., a former member of the Council: (%21370) A P~SOLUTION relating to the HONORABLE ROY R. POLLARD, SR. (For full text of Resolutlon, see Resolution Book [39, Page 138.) Hr. Lisk moved the adoption Of the Resolution. The motion was seconded by Dr. Taylor and adopted by the followlng vote= AYES: Messrs. Garland, Lisk, Taylor, Thomas, and Mayor Webber ................................. NAYS: None ........................0. (Messrs. Hubard and Trout had not arrived) ACTS OF ACKNOWLEDGEMENT: Reverend E. Benjamin Sanders appeared before Council and advised that February 17 - 24 is being observed as Brotherhood Week in the City of Roanoke and that the Virginia Region Of the Natlonal Conference of Christians and Jews would llke to present the Good Neighbor Awards to Hr. El~ridge M. Dean, Mr. and Hrs. George Metz, Hrs. Carl Putna/~ and Hrs. Mary F. Rodgers in recognition of certain good deeds performed by these indivlduals during the year. HEARING OF CITIZENS UPON pUBLIC HATTERS= NONE. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS= A communication from the Roanoke City School Board req~estlng that $63,350.00 be appropriated to Section ]22000, 'Schools - Second Step, P. L. 89-10, Title I,' of the 1973-74 budget of the Roanoke City i' School Boar~t one hundred per cent of eml~nditures for ~hie project to be reL~bu~sed by P.Lo 89-10~ T~tle I f~ds, was before ~clX. CXt~ ScSI ~ard ~d offered ~e foiling ~rg~ O~din~ce~ {$21371) ~ O~l~ to ~d ~d reordain SectXon t22000, 'Schools Second Step P,L. 89-10, Title l,' of ~e 1973-74 ApproprXation Ordin~ce, ~d providing for ~ ~rgenc~. {For full text of Ordin~ce, see O~ln~ce ~k $39, Page ~. ~s ~ved the adoption of ~e OrdXn~ce. The ~tion was seceded b~ Dr. Ta~lor ~d adopted b~ ~e foll~g vote~ AYES~ Messrs. Garl~d, ~sk, Taylor, Th~s, ~d ~yor Webber ................................5. ~YS= None .......................0. (Messrs. H~ard and Trout had not a~rlved} ~GIS~TION-P~ING: A co~cat~on from'~. ~y L. Garl~d co~ect~on wi~ ~e Resolution adopted By Co~c~l relative to sup~rt~ng legisla- tion to provide for a ~n~ $50,000.00 grant fr~ ~e Co~nweal~ of V~rg~nia to ~e several Pl~ng D~s~ct C~ssions ~roughout ~e State, advising that ~n v~ew of ~e State's role In establ~sh~g ~e Planing Dls~ct concept, he considers a $50,000.00 ~n~ a~l gr~t as ~e ve~ least that c~ be done, was before Cocci1. ~. ~s moved that ~e c~cation be received and filed w~ appreciation. The ~2~on was seconded by ~. Garl~d and ~usly adopted. ~SES-T~= A ~lcation from ~. Ernest L. ~drews, ~nqu~r~g as to wh~er or not s~eth~g c~ be ~one to s~l~fy ~ proced~e fo~e~ in pay~g p~rsona~ property ~es ~ obtaining c~ty deca~, was before Cocci1. ~. L~sk ~ved that ~e con,[cation ~ referred to ~e City T~es Co--tree for study, re~rt ~d reco~endation to Co~cil. The ~t[on was seconded by ~. Tho~s ~d ~usly adopted. A~ ~s ~t, ~. H~ard ~tered ~e meet~g. S~: Co~c~l hav~ng referred to ~e City ~ager for study, re~rt ~d reco~dat~on ~e re~es~ o[ ~e ~c[1 of Co~ity Org~[zat~ons w[~ refer~ce to ac~r~g ~e yacht Melrose El~n~a~ Sch~l Building to be used as a ~[ty ~lt~al C~ter, a c~icat[on from ~e ~ega Psi Ph~ Frate~ity~ Inco~rated, sup~rt~g ~e t~g over o~ ~e old Melrose El~enta~ Sch~l bulldog to ~e Co~c~l of C~ty SedUces, prov~d~ ~e C~ty of ~oke defrays ~e to~l ~st for r~ovat~on ~d upkeep~ was before Cocci1. Dr. Taylor ~ved ~at ~e c~ca~on be received ~d f~led. motion was seconded by ~. L~sk ~d ~usly adopted. ~ORTS OF OFFICE~ = B~ET-S~ ~ S~ D~INS= The C~ty ~ager s~tte~ a written re~rt re~es~g ~at $~2~5~0.00 be appropriated to ~nt~ce of ~chine~ and Equipment under Section JgO, 'Sewage Treatment Fund,' o~ the. 1973-74 Sewage Treatment Fund Appropriation Ordinance~ advising that increased emphasis on maintenance to Insure optinnna efficiency Of equipment has resulted In ~a~or repairs that were not foreseen in the preparation of the 1973-74 fiscal year budget. Dr. Taylor moved that Council concur In the request of the City Manager and offered the following emergency Ordinance: (%21372) AN ORDINANCE to ~-d and reordain Section %90~ 'Sewage Treatment Fu~d~' of the 1973-74 Sewage Treatment Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book %39, Page 140.) Dr. Taylor moved the adoption of the'Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES~ Messrs. Garland, Hubard, Lisk, Taylor, Thc~as, and Mayor Webber ............................... 6. NAYS: None ......................0. (Mr. Trout had not arrived} BUDGET-ASSESSHENT OF REAL ESTATE: The City Hanager submitted a written report requesting that $1,600.00 be appropriated to Printing and Office Supplies under Section %7, 'Assessment of Real Estate,' of the 1973-74 budget to provide ~unds for the remainder of the fiscal year, advising that these additional funds are being requested due to approximately $4?4.00 in postage charges which occured tn Junew 1973, not being paid out of the 1972-73 budget, and due to a change in utilizing the computer for printing notices of changes in assessment. Mr. Lisk moved that Co~ncil concur in the request of the City Manager and offered the following emergency Ordinance: (%21373) AN ORDINANCE to amend and reordain Section %7, 'Assess- ment of Real Estate,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook %39, Page 140.} Mr. Lisk moved the adoption of the OrdLnance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, and Mayor Webber ................................. 6. NAYS: None ........................0. (Mr. Trout had not arr~ved) AII~PORT: The City Manager s~tted a writte.~ report advising that by Ordinance No. 18778 Council authorized the execution of a lease with the Federal Aviation Adm~nistration for certain flow space ~n the Terminal Building at Roanoke Municipal (Woodrum) A/rport, said lease becoming effective July 1, 1969, and auto~atically renewable until June 30, 1979, that with the completion of the new terminal expansion it will be the eityWs plan to move cer- tain of the FAA facilities frO~ the existing portion of the Terminal Building to the new Terminal Building addition, that the city has received from the FAA a proposed supplemental agreement which deletes a total of 663 square feet of space in the existing Terminal Building and adds 678 square feet o£ space in the new Te~ainal Building expansion, that the present rate for services will not Increase as a result of this exchange of space and requestIng the authoriza- tion of ~uncil to execute this supplemental agreement on behalf of the City of Roanoke. ~r. Llsk moved that Council concur in the request of the City Manager ~nd that the follow~_~g Or~inence be placed upon its first reading~ (J2~374) AN ORDIHANC~ authorizIng and providing for execution of a supple- mental agreement to the City*s lease agreement dated August 26, 1969, with the United States Government, .Federal Aviation Administration, Contract No. DOT FA69EA- 5189, providing for the leasing of space in the Terminal Building at Roanoke Munici- pal Airport, in Roanoke County. WHEREAS, By ordina~ce No. 18778, adopted July 7, 1969, the Council authorized the execution of a lease of certain floor space in the Terminal Building at the Roanoke Municipal Airport to the Federal Aviation Administration, the floor space being therein described as on the 4th, 3rd, 2nd and basement floors of said building, approxlmately 1518 square feet of such space being on the 2nd floor thereof; and WHEREAS, ae the result of planned and negotiated changes, the Federal Aviation Administration has requested that the City consent, by supplemental agreement made to said lease, to a revision of certain of the floor space on the 2nd floor o£ said building now occupied by said Aclministration under the provl- sions of the aforesaid lease, all other of the terms and provisions of said lease to remain in effect~ and WHEREAS, the City Manager has recommended that the Council consent to the aforesaid request. THEREFORE, BE IT O~DA~NED by the Council of the City of Roanoke that the request of the Federal Aviation Adm/nistration for the substitution of certain other space on the 2nd floor of the Term/nal Building at the Roanoke Nuniclpal A~rport for a portion of what is described in Contract No. DOT-FA69EA-5189, dated August 26, 1969, as approximately 1518 square feet of space on said floor be and is hereby granted, and the City Manager ts hereby authorized and directed to execute, on behalf of the City, a supplemental agreement ~ade as Supplement No. i to Contract DOT-FA69EA-5189, to that certain lease agreement dated August 26, 1969, between the parties, said supplement agreement to emend said lease in the follow~ng respects and in these, only, viz:' (a) To delete from the floor space described as on the 2nd floor of the Terminal Building the following: P~Onl I~0. 24 con~ain~g 263 sq. ft. Room No. 26 containing 325 sq. ft. Room No. 28 containing 75 s~. ft. 663 sq. ft. (b)TO add ~o the floor space described as on the 2nd floor of the said Terminal Building the Room 212 conta~ning 239 sq. ROOm 213 containing 89 sq. ft. Room 214 containing i10 ag, Room 215 containinq 240 Sqo 678 aq, ft. all other terms and conditions of Contract No° DOT-FA69EA-5189 are hereby ratified and, except as hereinebove authorized to be amended, shall renmin in full force and effect. The motion was seconded by Hr° Nubard and adopted by the following VOte: AYESI Nessrs. Garland, Hubard, Lisk, Taylor, Thomas, and Mayor Webber ................................ NA¥S~ None .......................0. (Hr. Trout had not arrived) AIRPORT: The City Manager s-~mttted a written report advising that hy Ordinance No. 15717 Council authorized the City Hanager to execute on behalf of the city a certain lease agreement with the Federal Aviation Administration for leasing certain land at Roanoke Municipal (Woodrum) Airport to permit the FAA to install and maintain an approach lighting system at the airport, that this lease agreement became effective on May l, 1964, on an arulual basis but was automatically rel~ewable until June 30, 1974, that the FAA has advised that they wish to renew this lease, that the current Contract NO. FA-EA-4333, due to expire on June 30, 1974, is proposed to be replaced by Contract No. DOT- FA75EA-7583 and incorporates certain minor changes, that the current lease is for a fee of $1.00 per year, that the proposed lease is free of charge, and requesting authorization from Councll to execute the new lease agreement on behalf of the City of Roanoke. Hr. Lisk moved that Coancil concur in the request of the City Manager and that the following Ordinance be placed upon its first reading: ($21375) AN ORDINANCE authorizing the City Manager to execute a llcense agreement between the City and the Federal Aviation Adlainistration (Contract No. DOT-FA75EA-7583) authorizing said Federal Aviation Ad~/nlstratton to install, operate and maintain, at its entire expanse, an approach llght lane and necessary control facilities for Runway 15-33 at Roanoke Municipal Airport (Woodrum Field) upon certain terms and conditions. WHEREAS, John V. PeteMson, Contracting Officer of the Eastern Reglun of the Federal Aviation A~mfntetration, D~partl~ent of Transportation, has requested that the City grant to the United States of America, through the aforesaid administration, licanse to continue its use of certain land at the south end of Runway 15-33 at the Municipal Airport for maintenance and opera- tion of an approach light lane; as heretofore authorized pursuant to Ordinance No. 15717 of the CouhcXl~ upon ~he tot-ms and provisions hereinafter set oub or Eeferred to~ which request ~e recom~en~e~ by ~_he City Manager and in which ~his Council ooncu~s, THERF, FORE~ BE IT O~D~TNED by t~e Council of the City of l~oanoke as follows ~ ' ' 1. That the City Hanager be, and he is hereby, authorized and dlrected to execute a license agreement for a~d on behalf of the City of Roanoke with the Unlted States Of America, through 1ts Federal Avlation A~m~nis%ration (Contract No. DOT-FA?SEA-?583) authorizing said Federal Avlation Adm~nistratlon to install, maintain and operate, at 1ts entlre expense and without payment of rent, an approach llght lane and necessary control facilities, at the south end of Runway 15-33 at Roanoke Municipal Airport (Woodr~ua Field) for a period of one (1) year commencing July 1, 1974, and thereaEter~ at the optlon of the Government, from year to year, said option to be deemed exercised and the license renewed each year unless the Government gives notlce that It will not exercise its said option~ provided, however, that no renewal shall extend the period of occupancy beyond June 30, 1989, and provided, further that either party may cancel said license upon slx (6) months notice in writing to the other party~ and 2. That after the City HAnager has executed the llcense, the City Clerk is hereby authorized a~d directed to execute the certificate of authorizat£on constituting a part of said license, end to affix thereto the City's corporate seal. The r~ot~on was seconded by Y~r. Thc~aas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, and Mayer Webber .............................. 6. NAYS: No~e ...................... 0. (Hr. Trout had not arrived) FLOODS-HURP~CANES-INSURANCE: The City Manager s~bmitted a wrltten report tran~m/tting copy of a communication from Hr. Warren E. Trent, Coordinator, Office of Emergency Services, relatlve to floo~ insurance, advis- ing that on December 31, 1973, the President signed into law the Flood Disaster Protection Act of 1973, a major expa/lsion and llberalization of the National FlOOd Insurance Program, that the Act s~bstantially expands the National Flood Insurance Program in Order to provide better protection to the public and reduce annual d~saster assistance outlays through the increased availability of flood insurance, that the Act extends the emergency progr~ through December 31, 1975, and addresses three key areas, viz: insurance, flood plain management and local co~==unity consultation and appea~s procedures. Hr. Lisk m~ved that the report be received and filed. ~e ~tion was seconded by Hr. Garland and enen~mously adopted. At th~s point, Hr. Trout entered the meeting. EASEHENTS-SPECI~L PEP~ITS~ Council having adopted Ordinance No. 16016 on September 14, 1964, per~ltting Plantation pipeline Company to construct~ maintain and operate an 8 5/8 inch steel petroleum products pipeline at certain locations in the City of Roanoke upon certain te~ns and conditions~ the City Hanager aul~ttted a written report advising that on January 24, 1974, he was informed that no notice of insurance had been received from Plantation Pipeline Co. any for the steel petroleum products pipeline, advising that Paragraph ? of Ordinance No. 16016 sta2es that the licensee will insure its liability in connection with construction, reconstruction, providing lndmnnities of not less than $100,000.00 for bodily injuries to any one person in any one occurrence and not less than $$00,000.00 for all bodily injuries resulting f~om any one occurrence and $50,000.00 for property damage, that Plantation Pipeline Cc~any was notified of this oversight and requested transmitting copy of their response under date of February 1, 1974, advising that paragraph 2 of their response indicates that their firm has embarked upon a program of $100,000.00 self retention of insurance, that their pointing out that since this is a matter of policy, it is being fo~arded to Council for information and consideration, that should Council desire to allo~ plantation Pipeline Cc~npany to be self-lnsured to the extent of the first $100,000.00, it would appear that Paragraph ? of Ordinance No. 16016 should he a~ded accordingly, and that should Council determine that plnntatlon Pipellne Company should abide by the ter~s of Ordinance No. 16016, they will he notified was seconded By Nr. Lisk. motion that the City ~nager be given the indication that Plantation Pipellne Company should conform to the provisions of Ordinance No. 16016 untll Councll receives further information and recomaendatlon from the City Manager. The motlon was seconde~ By Mr. Lisk and nnan~mously adopted. CITY MANAGER= The City Manager sub~h~tted a written report requesting estate and lltigation. Mr. Truutmoved thatCouncil concur in the request of the City Manager by Mr. Lisk a~d adopted by the foll~wtng vote: Mayor Webber ................................. 7. AUDITSt The City Auditor sulmitted a financial ~ePOrt of the City of Roanoke for the fiscal year ended dune 30, 1973o ~ro Thomas moved ~hat the report be received and filed. The motion was seconded by Hr. T~out and unanl~nously adopted. AUDITS~ The City Auditor submitted a financial, report of the City Of Roanoke for the month of January, 1974o Dr. Taylor moved ~hat the report be received and filed. The motion was seconded by Hr. ~cout and unan/~onsly adopted, STREETS ~D ALLEYS~ The City Planning Connm~ssion submitted a written report reco~uending that certain portions of Hen~his Street, S, E., a paper street, be vacatedm discontEuued and closed. Hr. T~out moved that Council hold a public hearing on the request for 7:30 p.m., ~onda¥i Hatch 25, 1974~ in the Council Chamber and that the city Attorney be requested to prepare all necessary legal papers in connection with the matter. The motion was seconded by Hro Lisk and ~na~i~ously adopted. REPORTS OF COH~ITTEES: AUDITO~UM-COLISEUM: The City Auditor and the Assistant City Attorney submitted a joint report advising that at the meeting of Council on January 4, 1974, there was referred to the City Attorney a~d the City Auditor the question cf preparing proper measures to accom~lish i~ediate refund of monies collected for the sale of tickets at the Rmanoke Civic Center in the instances where a scheduled event was unable to be performed and it might appear that such refunds would accommodate ticket holders as well as protect city property, advising that the ~atter has bean investigated and incorporated into a form of Ordinance which w~uld amend Sec. 4, Of Chapter 9, of Title VIII, of the City Cuds by the addition of a second paragraph thereto. Hr. Thomas moved that Councll concur in the joint report of the City Auditor a~d the City Attorney a~d offered the following emergency Ordinance: (%21376) AN ORDINANCE to a~end and reorda~n sec. 4 Same--D~ties ~enerally,'of Chapter'9. Civic Center Department, of Title VIII. Public a~d Property, 'of the Cools of the City of Roanoke, 19§6, as amended~ and provld~ng for an em'organdy. (For full text Of Ordinance, see Ordinance Book ~39, page 141.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trou~ and :adopted By the following vote: AYES: Messrs. Garland, Bubard~ Lisk, Taylor, Thomas, Trout and Ma~or Webber .........~ .................... 7. NAYS: None ..................... 0. DEPARTMENT OF PUBLIC WELFAI~E: The Advisory Board of Public Welfare s~tted a written report advising that they would like to go On record as approving the legislation on Subsidized Adoptions and Charge Backs now pending before the General Assembly and requesting that Council h~e the city Attorney prepare the proper measure to be submitted to the members of the General Assembly who represent the City of Roanoke, such measure stating the position of City Council in support of these two items of legislation, ~r. Garland moved that the matter be referred to the City Attorney for preparation of the proper measure or measures. The m~tion was seconded by Mr. Hubard and ~animously adopted. UNFINISHED BUSIKESS: ZONING: Counc$1 at its last regular meeting on Monday, February 11, 1974, having deferred action on a report of the City Planning Commission in connection with the request of Hr. W. H. Fralin, Attorney, representing Creative Offices, Incorporated, that property located on the southwesterly side of the 3100 block of Hlllcrest Avenue, N. W., described as Official Tax Nos. 20?0335, 2070336 and 2070337, be rezoned fro~ RD, D~plex Residential District, to RG-1, General Residential District, the City Platting Commission recommending that the rec~/est be denied, the metter was again before the body. In this connection, a communication from Mr. Fralin requesting permission to withdraw the petition for rezoning was before Council. Mr. Thomas moved that Council concur in the request for permission to withdraw the petition for rezonLng. Th= motion was seconded by Dr. Taylor a~d unanimously adopted. ZONING: Council at its last regular meeting on Monday, Feburary 11, 1974, having deferred action on a report Of the City Planning Commission in connection with the request of Mr. C. John Renick, Attorney, representing Ms. Lois M. Rickman and MS. Betty M. Mullins, that property located in the 3500 block of Colonial Avenue, S. W., described as Offlcial Tax Nos. 1570113 and 1570114, be rezoned from RS-2, Single-Family Residential District, to RG-1, General Residentlal District, the City Planning Com~h~ssion reco~mendlng that the reguest be denied, the ~atter was again before the body. In this connection, a connnunication from Hr. Renlck requesting permission to withdraw the petition for rezoning was before Council. Hr. Thomas moved that Council concur in the request for permission to withdraw the petition for rezoning. The motion was seconded by Dr. Taylor and ana~i~ously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANC]~S ~ RESOLUTIONS = STREET NAMES: Council having directed the City Attorney to prepare the proper measure designating and fixing the name Ordway Drive, N. W., to a certain new street ~n the northwest quadrant of the City of Roanoke, he presented same~ whereu~on~ Mr. Trout moved that the followlng Ordinance be placed upon its first reading: (J21377) AH ORDINAHCE de. sign&t~ng and fixing ~en~ of O~ay ~ve, N. ~., to a ceE~ n~ street ~ ~e noz~es2 ~a~r~t of ~e ~, ~e City Pl~q C~ssion has re.fred to ~e ~de~ date of FeB~a~ ?, 19V4, ~at a sec~on of stree~ ~ln9 parallel to K~kl~d Dr~ve, N. W., ~d ~oinin9 Gl~y S~eet, N. W., should l~cally n~ Ordway Dr~ve, ~. ~., ~ which rec~dat~0~ ~e Co~cil conchs. ~0~, BE IT O~D by ~e Co~cil of ~e Clt~ of ~oke ~a~ ce~ new s~eet l~ated In ~e no~ves~ ~adr~ of ~e City, begin- n~g on ~6 sou~eas2 l~e o[ He~s~erge~ ~ad. N. W. ~ ~d extend~n~ ~n a sou~easterly d~rection approx~tely 455 fee~, ~ ~d is hereby desolated ~d n~ed Or~a~ D~lve~ ~. W. ~ IT ~R~R O~AI~D ~a~.~e Cit~ ~neer be~ ~d he ~s hereby directed to cause ~e ~ve s~eet n~ to be approp~ately noted on all ~d plats l~ged ~ his care~ ~a2 ~e C~ty ~age~ ~, ~d he ~s hereby au~or~z~ to cause ~e plac~nt oE appropriate s~eet n~e s~s o~ sa~d new street~ ~d ~at the City Clerk tr~s~t to the Pos~ster at Roanoke s~x (6) atteste~ cop~es of ~ls ord[n~ce, ~n or~er ~2 s~d Pos~ster be a~rlsed of ~e aforesaid s~eet n~. The ~t~on was seconded by ~. L[sk ~d adopted by the following vote: A~ Messrs. G~l~d, H~ard, L[sk~ Taylor, Th~s~ Trout ~d ~yor Weber .................................. ~YS: None ......................... 0. ST~T ~S= Co~cll hav~ng ~irected th~ City Atto~ey to prepare ~e proper meas~e desolating ~d fix[ng ~e n~e ~rr Street, N. W., to a cer~in new s~eet ~ the not.wes2 quadr~t of ~ c~ty, he pres~ted s~e~ whereB~n, Dr. Taylor ~ved ~at ~e roll.lng Ordin~ce ~ placed upon its first reading= (%213~8) ~ O~I~ des[~ating ~d .f[xlng ~e .n~e of ~rr Street, N. W., to a cer~ new s~eet ~n ~e nor~west ~a~t of ~e C~ty. ~, ~e ~ty Pl~g ~ssion has reported to the ~c[l ~der date of Fe~ ~, 19~4, a section of street ~g adjacent to ~e Gr~dv~ew ~ar~, opposite present ~rr S~eet, N. W., should logically be n~ed ~rr Street, N. W., ~n which rec~endation ~e Co~c~l concurs. ~FO~ BE IT O~D by the ~c~1 of ~e City of Ro~oke ~at ~at cer~ new s~et located ~n ~e not.west ~a~r~t of ~e C~ty, beg[~ing at ~e sou~west l~e of Gr~dv[ew Avenue, N. ~., and ex~dlng ~ a sou~westerly d~rect[on approx~tely 794 feet, be ~d is hereby des[~ated and n~ed Street, N. W. ~ IT ~T~R O~AI~D ~at ~e City ~g~neer ~, ~d he ~s hereby d~rected to cause ~e ~ve s~eet n~ to be appropriately noted on all ~nd plats lodged In hie carej that ~.e City Jfaneger be, ~d he Is hereby eulogized ~o cause ~he plac~ of approp~ln~e s~ree~ n~ el~s on sa~d new s~eet~ ~d ~at ~e Cit~ Clerk ~s~ to ~e Pos~ster a~ ~oke six (6) atte82~ copies of ~is ordin~ce~ In o~der ~a2 said Pos~ster be apprised ~e aforesaid s~ee~ n~. ~e ~tion vas seconded b~ ~. 6arl~d ~ adopted b~ the AY~ Hessrs. Garl~d, H~ard, Llsk~ Ta~lor~ Th~s, Trout ~yor Weber ................................... 7. ~YS ~ None ..........................0. M~IONS ~D ~S~OUS BUSI~SS ~ BU~ET-T~S= ~. H~ard presented ~e foll~ng co~[cat~on ~n co~ect~on w~ re~est~g ~e Revenue Study ~ss[on to consider what a~dit~onal or ~ncreased so~ces of rev~u~ shoul~ be considered by ~c[~ d~g 19~4-~5 budget study~ 'Feb~a~ 19, 1974. ~ ~yor Roy L. Weber ~d M~rs of ~oke C~ty Cocci1 G~tl~, ~e t~e ~s rapidly approaching for us to con- s~der o~ City Sudget for the E~scal year 19~4-75. ~r~ng our ~tensive ~d ext~ded budget studies we have precious little sider ne~-te~ application o[ revenues. Often we do not have feas~bil[ty of ~ncreas~g ex~st[ng t~es. ~ssion to consider what a~d~t~onal or ~ncreased sources rev~ue should be considered by Co~c~l d~ing our new budget studies, w~ recordations as to such so~ces of revenue, ~d wi~ s~c[f~c attention to whe~er ~e City should consider ~ ~crease ~ o~ cigarette t~ fr~ 2 cents per pack to 5 cents ~r pack. ~ cigarette t~ yielded us $215,000 in fiscal 1971-~2 or a per capita ~nc~e for each c~t o[ t~ of $1.16. That s~e ye~ L~c~g~ w[~ a cigarette t~ of 5 cents per pack~ de- rived a per cap~ ~c~ for each cent of t~ of $1.12. ~s~- ~ng ~at ~e shopp~g h~[ts ~d facilities in L~c~urg are s~lar to o~s~ one could conclude ~at ~ere will be nei~er (a) ~ appl[c~le add,ti.hal ex,us by Ro~oke s~kers to buy ~e[r ~kes outside o~ bo~dar~es or (b) a s~st~t~al reduc- tion in ~k~g by ~ increase ~ o~ t~ rate to 5 cents per pack. Such ~ asset[on ~s sup~rted by ~e fuel cr~s~s restrict- ing ~e practicality of b~ng rare ~a ~re costly gasol~e to save a few c~ts ~ ~d ~e fact ~at ~nflat~on has reduced ~e ~st[ng c~garette t~ to a s~ller perc~tage t~ay of the price of a pack of cigarettes th~ ~t was several ~ears ago. It would se~ logical to ass~ ~at a cigarette t~ of a nickel a pack could y~eld us additional ~1 rev~ues of $250,000. At~ched ~s a letter dated Feb~a~ 8~ 19~4, received from G. L~dsay H[ck~, a phys[c[~ practlc~g in o~ City, who expresses conce~ over ~e e~ty o[ ~e City's l~censing tax s~ct~e~ parti- cularly as t~s applies to professional persons. He indicates ~at ~[s ~tter is perhaps res~nsible for a n~er of phys[c[~s d~t[sts r~v[ng ~e[r offices fr~ o~ City. It ~uld be helpful if omr l~venue Study ~!salon could atudy this matter and qive C~uncil the bene£Ate of Ara thoughts thereon. It As recc~e~ended ~hat these matters be referred to the Revenue Study ~sslon, with a request that a report thereon be given to Council on or before April 15~ 1974. S/ William S. Hubard H~, Hubard moved that the Revenue Study Co~ission be requested to advise Council as to any recommended additional or ~ncreased taxes and to give Council its judgment as to whether any changes should be made ~n the c~ty~s business and professional tax code. The motion was seconded ~r, Lisk and unanimously adopted, adjourned. APPROVED Deputy C&~y Clerk Mayor COUNC'fL~ P. EGULAR MEET?NG~ Monday, February 25, 1974. The Council of the City of P, oanoke met in regular meeting in the Council Chamber in the Municipal Bullding~ Monday~ February 26, 1974, at 7~30 p.m. ~ with Mayor Roy z.. Webber presiding. PRES~NT~ Councilmen Robert A. Garlund~ William S. Hubard~ David K. Llsk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber ...................................... ?. ABSENTs None .....................0. OFFICI~RS pRESENT: Mr. Byron E. Haner~ City Managers Mr. Sam H. McGhee, III, Assistant City Manager; Mr. James N. Ktneanon, City Attorney; Mr. H. Ben Jones, Jr., Assistant City Attorney; and Mr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by Councilman Robert A. Garland. MINtFfES: Copy of the minutes of the regular meeting held on Monday, Febrliary 19, 1974, having been furnished each member of Council, on motion of Mr. Trout, seconded by Mr. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. Mayor Webber called to the attantion of Council that February 28, 1974, is the 100th anniversary of the Charter of the Towll of Big Lick. HEARING OF CITIZENS UPON PUBLIC ~ATT~It~: CITY ENGINEER: Pursuant to notice of advertisement for bids for a prefabricated steel structural system, wall system, roof system and accessories for the Roanoke Public Works Service Center, said proposals to be received by the City Clerk ~til 2:00 p.m., Monday, February 25, 1974, and to be opened before CoUncil at ?:30 p.m., on that date, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: Name Item I Item II Days Frye Building Co~pany - $ 36?,000.00 $30.00 180 Southwest Construction, Incorporated - 38?, 000.00 25.00 210 Mr. Thomas moved that the bids be referred to a commltt~e to be appointed by the Mayor for tabulation, report and reco~ndation to Council. The motion was seconded by Mr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Sam N. McGhee, III, Chairman, Byron E. Hansr and Richard B. Turpin as members of the committee. STR]~TS AND ALLBYSt Council having set & public hearing for 7t30 p.m,~ Honday, F~ 25~ 1974~ ~ ~e re~es~ ~r~ ~ex-~r T~e Se~ce~ Inco~ated~ Suppliers~ Ink.rated, ~t ~at ~rt~on of ~ alle~ 15 feeh ~de lying parallel to Sou~ ~effe~s~ S~ee2 ~ing nor~erl~.f~ ~e ~re Argue at ~e sou~veste~ly co.er of alle~ ~d l~g ~hind ~ts 6 - 11, inclusive, Sec2~on 5, of ~e Please2 Valle~ ~d ~ ~p, ~ vacated~ discon2in~ed ~d closed, ~e ~tte~ vas before ~e ~. ~tt~ Fe~t rec~d~ ~t ~e Fewest ~ approved. The v~rs ap~lnted to view the alle~ s~tted ~dvising ~2 ~e~ have vte~d the alle~ ~d ~e neig~ring properties and the~ are ~usl~ of the op~nl~ tha~ no ~nconvenl~ce ~ould result p~lic or to ~y ~rson, fi~ o~ co~ration fr~ ~e pe~nenk vacating, discontinuing ~d closing of said po~ion of ~e alley. ~. J. D. ~gan, III, Atto~ey, repres~t~g ~e petitioners, appeared before Co~cil ~n sup~rt of ~e re,est of h~s clients. NO one appe~ng ~n op~s~tion to ~e re~est~ ~. Trout ~ve~ that the following Or~n~ce ~ plac~ u~n ~ts first rea~ing= (%213~9) ~ O~I~CE enacte~ purser to ~e provisions of Section 15.1-364 of the C~e o~ V~rg~n~a (1950) as ~e~ to date prov~ing for vacating, ~scont~u~ng ~ closing ~at ~rt~on of ~ alley 15-feet w~e ly~g paral- lel to S. Jefferson Street ~ing horsefly from ~re Avenue at ~e sou~westerly co~er of ~t 11 ~ ext~ng beh~n~ ~ts ll, 10, 9, 8, ~ ~ 6~ Section 5~ of ~e Pleas~t ValIey tn ~e C~ty of Ro~ok~, V~rg~nia. ~, a petition has been file~ wi~ ~e Co~cil ~ok~ p~su~t to ~e provisions of Section 15.1-364 of ~e Co~e of V~rg~nia (1950) as ~e~ to ~ate, where~n it ~s aske~ ~at ~at ~rt~on of ~ alley ~5-feet wi~e ly~mg ~a~lel to S. Jefferson S~eet ~g nor~erly fr~ ~e nor~erly l~e o~ ~i~re Avenue at ~e sou~westerly co~er oE ~t 11 ~d extending behin~ ~ts 11, 10, 9, 8, ~ an~ 6~ Section 5, of the Pleas~t Valley ~d ~. ~p, ~n ~e C~ty of ~oke, V~rg~nla, be vacated, d~scont~nued ~, ~ue legal not~ce was poste~ as red,red by Section 15.1-364 of ~e Co~e o~ V~rg~n~a (1950} as ~n~e~ to ~ate, ~ ~n confo~ty w~ ~e law ~n such cases ~e ~ prov~e~ ~e ~ p~pr~etors affecte~ ~ereby along that ~r~on o~ sa~ alley have ~ not~f~e~ ~ by Resolution No. 204~6 a~opte~ on ~e 19~2, ~e ~c~1 of ~e C~ty of ~oke, Virg~n~a, ap~nte~ v~ewers to re~rt whether or not in their opinion any, and if any what, inconvenience would result from permanently vacating said portion of said alley~ and, W~I~AS, the viewers appointed reported, in writing, that after having been duly sworn, they viewed the said alley and the neighboring properties a~d are unanllaously of the opinion that no inconvenience would result either. to the public or to any person, firm or corporation from permanently vacat- ing, discontinuing and closing said portion of said alleyl and, WHEI~EAS, the petition was by the Cotmcil referred to the City Planning Corem/salon for its report and recc~=mendation and the City Planning Con=aission recc~maended 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, WHEREAS, this Council, after considering the evidence subm~tted~ is of the opinion that vacating that portl0n of an alley 15 feet wide lying parallel to S. Jeffersoe Street running northerly from the northerly line of Whltmore Avenue at the southwesterly corner of Lot 11 and extending behind Lots 10, 9, 8, 7 and 6, Section 5, Of the pleasant Valley Land Co. Map, in the City of Roanoke, Virginia, 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, the Councll being advised that there are no water or sewer lines Or other municipal Installations or public utillty llnes or lnstallatlons presently existing in said portion of said alley. THEI~EFOP~E, BE IT 0~DA~NED by the Council of the City of Roanoke that that portlon Of an alley 15-feet wide lying parallel to S. Jefferson Street running northerly from the northerly line of Whit~ore Avenue at the southwesterly corner of Lot 11 and extending behind Lots 11, 10, 9, 8, ? and 6, Section 5, of the Pleasant Valley Land Co. Map, in the City of Roanoke, Virginia, be permanently vacated, discontinued and closed as provided by Section 15.1-364 of the Code of Virglnta (1950) as amended to date, and tn accordance with the law in such cases made and provided. BE IT FURTHER ORDA/NED by the Covncil Of the City Of Roanoke that a certified copy Of this Ordinance be delivered by the City Clerk to the Clerk of the Circuit Court of the City of Roanoke, Virginia, to the City Engineer of the City of Roanoke, Virginia, that the Clty Englneer of Roanoke, Virginia, make appropr£ate notation of the vacation herein approved on the Official Map of the City of ~anoke, and to Plunkett & Logan, Counsel for Petitioners. The motion was seconded by Mr. Lisk and adopted by the following vote = AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. 7. NAYS~ None .......................... 0. ZONING~ COUnCJ. 1 havJ~g set a public hearing for 7~30 p.m.~ ~nday, Feb~ 25~ 1974~ ~ ~e re.est of ~. a~s W. Crouse~ et ~., ~at l~ated a~ 2738 Collie1 A~nue, S. W., descr~d as ~ 12, nl~k 1, Section 1, Nelson S~vls~on~ Official T~ Ho. 1280316, ~ rezoned fg~ ~-3~ Single- F~ly ~sid~al D~s~ct~ to C-2~ ~eral C~rcial Dlstr~ct, ~e ~tter was ~fore ~e In ~ls co~ect~on~ ~e City Pl~g C~ss[on s~tted a re~rt advising ~at ~ls ~rcel of l~d should r~ln ~ ~ts preset des[~ation so as to provide for the prese~at~ o~ ~s resident~al area. ~. W. R. Hicks, 2762 Colonial Avenue~ S. W.~ appeare~ ~fore ~cll ~ e~ressed o~s~t~on to ~e proposed rezon~g because ~t w~ll change the character of ~e ne~g~rh~, ~t w~l[ generate ~re traffic In ~ already congested area, ~d ~de refer~ce to a petition signed by 16 residents of ~lonla[ Avenue, S. W.~ In op~s~t~on to ~e rezon[ng. Approx~tely 1~ residents appeared before Co~c~l ~n op~s~t~on to ~e re,est. ~. W. Cour~ey K~g, Jr. ~ Atto~ey, representing the petitioners, appeared before Co~c~l ~n superb of ~e request of his cl~ts, advising ~at ~f the property ~s rezoned, it is pro,sad to const~ct a real estate o[fice, ~d ~at ~ere are already ~y c~erc~al properties In ~s area. ~. J~es H. Colby appeared before Co~c~l ~d presented a ~p ~11us~at~ng ~e ex,stag use ~d patte~ of l~d on Colonial Avenue, S. W. ~. H. L. ~11, 2782 ~lonial Avenue, S. W., appeared before ~n superb of ~e request for rezon~g~ adv~s~g ~at he has lived on Colonial Av~ue for 16 years, ~at his personal opinion ~s ~at the p~perty ~s gett~g ~re ~des~rable for residential p~ses all the ~at ~e property Is s~ded by l[gh~ ~ufact~ng and co~erc~al and ~at he is one h~dred per cent in favor of rezoning ~e property. ~. J. W. Crouse appeared before Cocci1 ~ adv~se~ ~at he ~s the ~er of ~e property at 2738 ~[on[al Argue, S. W., ~at he lived at ~s ad,ess for ~lte some t~, ~at ~e area bec~ so c~erc~al ~a~ he ha~ to leave ~d ~at it is a~ost ~mpossible to keep t~ts ~n ~e property at ~e preset t~a because is has bec~e so c~rc~al. ~ter a l~g~y discussion of ~e ~tter, ~. H~ard ~ved that the re,est for rezo~ng be referred back to ~e C~ty Plying ~[ss[on for reconsideration ~g into consideration ~e study ~de by ~. Colby ~d ~t ~e p~l[c he~g be con~nued ~1 such t~e as ~e C~ty Pl~g ~ssion re~rts back to Cocci1. The ~t[on fa~led for lack of a second. ~. Trout ~ve~ ~at ~e re~est for rezon~g be denied. ~e ~t[on was seconded by ~. L[sk ~d adopted by ~e foll~g AYESt Hessrs. Garland, Hvbard, Llsk, ?aylor, Thc~nas, Trout and Hayor Webber ................................ 7. . NAYS~ None ....................... 0. ~.ONING~ Council having set a public hearing for 7~30 p.m., Monday, Februa~ 25, 1974, on the request of Hr. Ja~es E0 Allstock that property located on the south side of Brandon Avenue, S. W0, east of 2754 Brandon Avenue, S. W., and west of the Rosalind Dills Baptist Church, described as Official Tax No. 1620109,-be rezoned from RG-1, General Residential District,'to C-1, Office and Institutional District, the matter was before the body. In this connection, the City Plan~lng Comm~ssion submitted a written report recommending that the request be approved. Hr. Barry L. Flora, Attorney, representing the petitioner, appeared before Council ~n support of the request of his client. No one appearing in opposition to the request for rezoning, Hr. Trout moved that the following Ordinance be placed upon its first reading: (%21380) AN O~DINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as a~anded, and Sheet No. 162, 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 that property located on the south side of Brandon Avenue, S. W., east of 2754 Brandon Avenue, S. W., and west of the Rosalind Dills Baptist Church, Official Tax No. 1620109, rezoned from RG-1, General Resi- dential District, to C-1, Office and Institutional District~ and WHEKEAS, the City Planning commission has recommended that the hereinafter described land be rezoned from RG-1, general Residential District, to C-1, Office and Institutional Distrlct~ and WHEI~EAS, the written notice a~d the posted sign required to be publlshed and posted, respectively, by Section 71, Chapter 4.1, Title XV, of the Code of the City of Roanoke, 1956, as a~ended, relating to Zoning, have been published and posted as required and for the time provided by said sectlon~ and WHEP~AS, the hearing as provided for in said notice was held on the 25th day of Febrl~ary, 1974, at 7:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be hear~, both for and against the proposed rezoning~ and WHEI~EAS, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be rezoned. THEREF01~E, 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, as ~me~lded, relating to Zoning, and Sheet No. 162 of the Sectional 1966 Zone Map, City of Roanoke, be a~mnded in the following particular and no other, viz.: Property located on the south'aide of Brandon Avenue, east of 2754 Brandon Avenue, So Wo, and Yest of the Rosalind Hills Baptist Church, Official Tax HO. 1620109, be rezoned fro~ RG-1, ~eneral Residential Dlst~ict', ~o C-I, Office and Institutional Dla~lct, and that Sheet Ho. 162 of the aforesaid map be changed in this respect. The motion was seconded by H~o Lick and adopted by the follo~ing AYES~' Hessrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ................................. NAYS z None ........................ 0. ZONXNG~ Council having set a public hearing for 7:30 p.m., Monday, February 25, 1974, on the request of /4essrs. George W. Overby and Leo Lampros that property located at 2302 Colonial Avenue, S. W., described as LOts 6, 7 and 8, Block l, Colonial Heights Addition, be rezoned from RD, Duplex Residential District, to C-l, office and Institutional District, the matter was before the body. In this connection, the City Planning Commission submitted a written report reco~m~_ndlng that the request be approved. Mr. Barry L. Flora~ Attorney, representing the petitioners, appeared before Council ill support Of the request of his clients. No one appearing in opposition .to the request for rezoning, Mr. Trout moved that the following Ordinance he placed upon its first reading: (%21381) 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. 127, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. WHEP. EAS, application has been made to the Councll of the City of Roanoke to have Lets 6, 7 and 8, Block 1, of the Colonial Heights Addition to the City of Roanoke, Virginia, Official Tax No. 1271006, 127100? and 1271008, 2302 Colonial Avenue, S. W., rezoned from RD, Duplex Residential District, to C-1, Office and Institutional Districtl and WHEREA~, the City Pla/~ling Co~mlssion has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to C-l,.0fflce and Institutional Districtl and WHEREAS, :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 Roanoke, 1956, as al~ended, relatihg to Zoning, have been published a/Id posted as required and for the time provided hy said sec-] tion~ and WHEREAS, the hearing as provided for in said notice was held on the 25th day of February, 1974, at ?=30 p.m., before the Council Of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoningl and ~, this Council, after considering the evidence as herein provided, is of the opinion that the hereinafter described land should be ~OI~E, BE IT ORDAINED by the Council of khe City Of Roanoke that Title XV, .Chapter 4.1, Section 2, of The Code of the City of Roanoke, 1956, as amended, relating to Zoning, and Sheet Ho. 127 of the Sectional 1966 Zone Hap, City of Roanoke, be amended in the follo~ing particular and Property located at 2302 Colonial Avenue, S. W., being Lots 6, ? and 8, Block lw of the Colonial Heights Addition to the City of Roanokew Virginia, Official Tax NO. 1271006, 1271007 and 1271008, designated on Sheet 127 of the Sectional 1966 Zone Hap~ City of Roanoke, as Official Tax Nos. 1271006, 1271007 and 1271008~ be, and is hereby, changed from RD, Duplex Residential District, to C-l, Office and Institutional Dlstrict~ and that Sheet No. 127 of the aforesaid map be changed in this respect. The motion was seconded by Mr. Thomas and adopted by the following AYES= Messrs. Garland, Hubard, Llskw Taylor, Thomas~ Trout and Mayor Webber ........................................ ?. NAYS = None ......................... 0. PETITIONS AND COMMUNICATIONS= SCHOOLS-TRAFFIC= Council having adopted Ordinance No. 19390 on November 2, 1970, ~mending Title XVIII, Chapter 1, of The Code of the City of Roanoke, 1956, by the addition of a new section to be humored Section 82.1, regulating vehicular.parking on the property of Virginia Wester~ Co~tt~ity College and fixing pe/lalties for the vlolatlon of such regulations, a communication from Dr. Harold H. Hopper~ Presldent~ Virginia Wester~ Co~unity College, req~esting that the $5.00 on-campus parking fine be reduced to $2.50, advising that so ~any of the students work either full- time or part-tine and so ~a~y of them have financlal needs that the Student Coualcil Association bec~me concerned with the $5.00 fine, that the SCA has assured him that the reduction of the on-campus fine to $2.50 will not cause an increase in on-campus parking violations and they u~derstand that if such an increase does occur, that on behalf of Virginia Western College, he would have to request that the $5.00 on-campus fine be reinstituted, was before Coancil. Mr. Leo Darocha, President, Student Council Association, Virginia Western Community college, appeared before Council in support of the request. Mr. Thomas moved that the request be referred to the City Manager and the City Attorney for study, rel~ort end reco~ndat£on to CoUncil. The motion was seconded by Mr. Lisk and unenimously adopted. SCHOOLSs A cmmunication £~c~ Nr~ Frank F, Eh~enthal~ Chaiz~anw Urban Design~ Virginia Polytechnic Institute and State Univereity~ advising ~hst should the proposed plan to use the Helrose Hlementa~y School facilities for co~anity service activities be implemented~ Virginia' Polytechnic Institute and State University would like to find permanent quarters there for their C~unity Design Center, was before Council. Dr. Taylor lnoved that the request be referred to the City Manager for etudy~ report and rec_~-dation along with other requests which have been received. The motion was seconded by Mr. Hubard and tmanimously adopted. ELECTIONS: Mr. Andrew H. Thompson, Chairman~ Electoral Board, and Mr. Alton B. Prillaman, Secretary, Electoral Hoard, appeared before Council and presented a communication recommending realignment of the voting precincts, advising that the recomm~ndation is mode unanimously by the Electoral Board, that the changes have been discussed thoroughly with the Registrar and it is expected that twelve to eighteen months should be allowed for full Implementation of the changes. Mr. Trout moved that the ~atter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Lisk and unani~ously adopted. STATE COMPTEOr.LER-CIRCUIT COUHT: A communicatiou from the Office~ of the Comptroller a~vising that the total supplement of the City oi Roanoke] for the salaries Of the four Judges of the Circuit Court for the fiscal year e/ldlng Jtule 30, i974, will be in the amount of $20,336.00, was before Council. Mr. T~omas ~oved that the co~lmieation be received and filed. The motion was seconfled by Mr. Trout and unanimously adopted. TAXES-HOUSING-SLUM CLEARANCE: A communication from Mr. R. R. Henley, Executive Director, City of Roalloke Redevelopment and Housing Authority, transmitting a check in the amount of $52,325.21 represelltlng pay- ment in lieu of taxes on Lansdowne Park, Lincoln Terrace, Hurt Park, Highland Manor, Hunt Manor, Melrose Towers, Jamestown Place 'and Morningstde Manor for the flscal' year ended September 30, 1973, was before Council. Mr. Trout ~oved that the ccm~lmication be received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. AIRPORT: A communication from Ancorp National Services, Incorporated, advising of their interest in taking-over the operations of the airport restaurant, gift shop and vending machines in the Terminal Buildihg at Roanoke Menicipa! {Woodrum] Airport, was before Council. In this connection, copy of a ecm~unication from Mr. James lt. ROe, Jr., Attorney, repres~nting Messrs. W. L. Hagood, Sr., andw. L. Hagood, Jr., acknowledging a telephune call from Councilman James O. Trout, Chairman of the Airport A~vlsory Commission, as to ccmmmnicattons from the Gunst Corporation of Itic~nond, Virginia, and American ~lotor 'Inns shoving interest in-the res~ concessl~ advls~g ~b he c~c~ed his clienb ~o zeconfl~ his ~sition ~ela~lve to ~e al~zt ~es~ ~d ~a~ his only desire Is ~o relieved of c~ts ah ~e al~t due to serious illness tn ~e ~d ~a~ he Is ce~ his clients c~ reach a aatiafac~ a~r~nt ~y org~lzation ~t ~e ~zt ~viso~ ~asion ~d Co,cji ~i approve to take over ~e lease ag~e~t~ ~as also before ~cil. ~. ~s ~ved ~t ~e c~ications be ~efer~ed to ~e Alert ~viaou ~tsslon for ~eir lnfoatl~ In connection vl~ their of ~e ~tt~. The ~tion ~as seconded by Dr. Taylo~ ~d ~usly adopted. ~ORTS OF O~I~ ~ ~OV~ The city ~ager a~tted a ~ltten advising ~t ~cll b~ Ordin~ce ~o. 18563 eulogized ~e city ~ager to enter in~o a agre~ vi~ C~ter ~ch~e~ C~y~ Inco~rated~ to accep~ ~eir pro~sal fo~ f~lsh~g ~e ~ity vl~ a DSH bulldozer c~lete ~i~ blade ad c~le consol attac~nts for ~e ladfill operation~ ~at the total offered by ~rte~ ~chine~ C~ay ~d acceptefl by ~e city ~as a total cost bid vl~ a buy-back o~tton at ~e ~d of five years or 6~500 ho~s use from ~e date of deliver, ~a% ~e p~chase price of the mchinery was for a net ~t after ~ade-in all~anc~ of $4,589.~0, of $~0,~40.00, that ~e rep~chas~ price, should ~e city ch~se to exercise ~at option, at the end of five years fr~ delive~ date, or 6,500 ho~s of use, was ~d is $31,328.0~, ~at ~e l~t~g t~ factor o~ ~g a decision on ~e rep~chase option is ~e five year l~t f~m date of deliver, which was March 17, 1969, ~at ~e city must ~ercise ~e rep~chase option by March 17, 1974, if it ~nt~ded ~ do so, rec~d~g ~at ~e city exercise ~e repurchase option on ~rch 17, 1974, ~ere~y selling ~is DSH bulldozer back to Carter ~chine~ Co~y, Inco~rated, for a price of $31,328.00, reco~ending ~at Co~cil au~orize ~e r~l of ~is bulldozer after ~rch 17, 1974, fr~ Carter ~chlne~ C~y, Inco~rated, at a fee of $3,500.~0 per ~nth ~til a suitable replacer c~ be p~chase~, f~er rec~ending that Cocci1 autho- rize ~e ~ediate advertis~ent wl~ intent to p~chase, for a s~lar it~ of e~i~nt, fur~er recounting ~hat f~ds for the mon~ly rental of ~e bulldozer be appropriated at this t~e in ~e ~t of $14,000.00 for fo~ ~n~s r~l ~d ~a% f~ds for ~e p~chase of ~e replac~nt b~lldozer be appropriated at such ~ as ~e bida received are acted u~n by Co~cil. ~. Th~s ~ved ~at Co~cil conc~ in ~e re~rt of ~e City ~ager ~d offered ~e foll~g ~erg~ Ord~ce appropriating $14,000.00 ~ R~tals ~der Section %69, "S~i~tio~,"'of ~e 1973-74 budget: (~21382} ~ O~ to ~nd ~d reordain Se=tion %69, "S~ita- tion," of ~e 1973-74 Appropriation Ord~ce, ~d providing for an emergent. (For f~l text of Ord~ce, see Ord~ce Book No. 39, Page 145.) ~. Th~s ~ved ~e adoption of ~e Ord~ce. The motion was seconded by ~. T~ut ~4 adopted by ~e roll,lng vote: AYESt Neesre, Gazland~ Hubard~ Llsk~ Taylor, Thoma8~ Trout and Mayor Webber ..... ~= ..... a~ .................... ~. ~out ~ otfe~ed ~e foiling ~rg~ Ord~ce au~oriz~ ~esale of a certain ~te~lllar D8H ~ack-t~e ~acto~ to ~rte~ ~chine~ ~y, Inco~rated, ~d for ~e r~l of said.vehicle back fr~ aaid ~y ~tll a sul~le replac~nt c~ ~ p~chasedt ' (~21383~ ~ O~I~ au~orlz~g ~e ~esale oE a certain Cater- pillar DSH ~a~-t~e ~actor to ~ter ~ch~e~ C~y, Inc., ~d for r~l of said vehicle back f~ said c~y ~tll a suitable replac~ent c~ be p~chased~ u~n ceftin te~ ~d c~ditlonsl ~d providing for (For full text of Ordln~ce~ see O~in~ce ~ok No. 39, Page ~r. Trout ~ved ~e adoption ~ ~e Ordln~ce. ~he ~tton Se~nded by ~. Llsk ~d adopted by the folloW9 vote: A~S~ Hessrs. Garl~d~ H~a~d~ Lisk, Taylor, Tho~s~ T~ou2 ~d ~yor Weber ................................7. ~YS ~ None ....................... 0. BUSES: The City ~ager ~tted a ~it~en ~e~t relative to a C~%e!! Avenue Tr~sit ~11 desired to provide pleaser ~d ~re convenient bus access to ~e d~t~ ~oke retail core area, advising ~at ~is action ~uld be acco~lished by ~e desi~ation of a special "buses only" l~e in ~ block area of C~bell Avenue extend~g fr~ Jefferson S~eet, S. W., to Second S~eet, S. W., ~at ~e project envisions ~e prevision of bus shelters to protect bus riders d~g ~cl~nt wea~er, ~rov~nts to drainage, side- walks,: lighting ~d ~rading of C~bell Argue pav~g ~d curb ~d gutter, ~at ~e pro.ssi is presente4 to Co~cil for i~ info~tion ~d co~ents pend- ing ~e avail~illty of suffici~t f~ds ~d it wo~ld be ~ticipated that considera~on will ~ giv~ to including all or a portion of ~is proposal in a fut~e capital ~rov~t progr~. ~. Trout ~ved ~at ~e re~rt be received ~d flied. The was seconded by ~ Lisk ~ ~usly adopted. S~ OF PROp~-~GIO~ J~L: The City ~ager s~tted a ~itten re~rt ~ c~ection wl~ ~e p~chase of a fifty foot parcel of on ~ch Av~e, S~ W., descried as Official T~ No. ~101326 fr~ ~orge T. Ellis ~ his ,~ right ~ as T~stee for J~e Ellis, said 1~ being needed for ~e pro~sed co~ouse ~d jail site, ~d recanting ~at Co~cil approve ~e p~chase of ~is property for the s~ of $59,385.00. Dr. Taylor moved ~at ~cil conc~ ~ ~e report of ~e City ~ager ~ offered ~e foll~ing ~rgen~ Ord~ce= (%21384) ~ O~IN~ au~orizlng ~e p~chase of a 50-f~t lot on Ch~ch Argue, S. W., in ~e City of ~oke, Virginia, ~lng sh~ on the Tax ~ppralaal Haps of the'city as Official No. 1101326, upon cirtain ter=s and provisione~ providing for p&~ent of the purchase price thereof upon delivery of a deed to the city' and for' recordation of such died! and providing for an emergency. (For full text of Ordinance, sea Ordinance Book No. 39, Page 147o) Dr. Taylor ~oved the adoption of the Ordinance. The motion vas seconded by Kc. Thomas and adopted by thc 'folloving vote~ AYES= Hessrso Garland, Hubard, Llsk~ Taylor, Thceuas, Trout and Hayor Webber ..................... - ............. 7. ~AYS: None ...........- .............. 0. AXRPONT: The City H~nager submitted a vritten report' advisiog that Council by Ordinance No; 15719 authorized the City Hanager to enter into a lease agreement with the Federal Aviation Acl~lnist. ration to install, operate and maintain the lighting at Roanoke Hunicipal (Woodru~) Airport, that the authorized lease became effective Apr1! 1, 1964, and iS to expire on June 30, 1974, for a consideration of one dollar per year~ that the city has been advised by the FAA of their desire to continue this lease under a proposed new contract license, that the proposed lease would become effective July 1, 1974, and remain in force until June 30, 1975, and be renewable untll June 30, 1979, for no monetary considerations and requesting authorization to enter into this lease agre~nent upon approval of the agreement by the City Attorney. Kc. Trout moved that Council' concur in the request Of the City Manager and that the following Ordina~ce be placed upon its first reading= (%21385} AN ORDINANCE authoriz~ng the City Manager to execute a new license agreement' between the city and the Federal Aviation Administration {Contract No. DOT-FA?SEA-?630) authorizing said Adnu~nlstratlon to install, operate and ~alntain, at its entire expense, a runway end identification light system and control facilities for'Runway 23 at Roanoke H~h~lcipal Airport (Woodru~ Field), upon certain terms and cond£tions. ~, John V. Petersun, Cont~acting Officer of the Eastern Region of the Federal Aviation Adm/nistra~io~, 'Department of Transportation, has requested that the City grant to the United States of America, through the aforesaid adm~nistraticn, license to-continue its use of certain land on each 'side of Runway 23 at the Hunicipal AirPort foe installation, maintenance and Operation of a runway end identification light system, as heretofore authorized:pursuant to Ordinance No. 15718 of the Council, upon .the te~ms and provisions hereinafter set out or referred to, which request is rec°n=~ended by the City Manager and in which this Council concurs. THEKEF01~E, BE IT ORDAXNED by the Council of the City of Roanoke as follows: ~!24 - 1. That the City .M~__age.r be, and he Is hereby, authorized and directed to execute a. license agreement for and on behalf of the City of l~oanoke with the United States of America, through'its Federal Aviation Adm~nistration on Contract No. DOT-FA?SEA-?630, authoris~ng said Federal Aviation A~m~nietration to install, maintaLn and operate, at its entire expense and without payment of rent, a rLknway end identification light system and necessary control facllit~es on beth sides of RLulway 23 at Roanoke Municipal A~rport (Woodru~ Field) for a period of one (1} year commenc~g July 1, 1974, and thereafter, at the option of the Gove~t, from year to year, said option to be deemed exercised and the license renewed each year unless t-he Government gives notice that It will not exercise its said option~ provided, however, that no renewal shall extend the period of Occupancy beyond Jene 30, 1979, and provided, further that either party may cancel said license upon six (6) months notice in writing to the other party~ and 2. That after the City Manager has executed the license, the City Clerk is hereby authorized and directed to execute the certificate of authorization constitut~ng a part of said license, a~d to affix thereto the City's cor~rate seal. The motion was seconded by Mr. Lisk and adopted By the following AYES= Messrs. Garland, Hubardw ~.isk, Taylor, Thomas, Trout and Mayor Webber .................................. ?. NAYS: None .........................0. POLICE DEP~L~TMENT~GI~ANTS: The City Manager submitted a written repe~t ia1 connection with the HIT, anti-burg!dry program, reco~u~ending that Council authorize an Lncrease in Police Department permanent strength by one lieutenant and one sergeant at this tine, and, at the ter~ation of the HTT Program a determination will be made as to whether to retain these two tions or to reduce them through attrition. · Mr. Trout ~ved that the ~tter be referred to the City Attorney for preparation of the proper measure. The motlon was seconded by Mr. Lisk and unanimously adopted. pARK2NG C~L~AGE: The City ~anager stetted a written repert advising that on December 14, 1974, letters containing formal offers were dispatched to owners of each parcel of property needed for the construction of the dow~to~rn parking building, that responses were requested within a specified t~me, however, to date only two answers have been received and they were counteroffers somewhat higher than the city's apprais, als, that as a result of these two counteroffers and the lack of response from the other two property o~ners, a higher second offer was dispatched to each property owner, pointing out that this matter has extended over an exceedingly long period of that in the process of orderly resolutlon of this matter it is recommended ~hat coUnoi~ direct ~he Cl~y A~to~ne~ to ~nl~late co~de~nation p~ocee~ln~s ~o obtain ~ls ne~ p~ope~ ~he~e ~ e~l~ble solution has no~ ~solve~ b~ ~ch 5~ 1974. ~e Cit~ ~ager, ~at ~e ~tter ~ ~efe~ed to ~e Cit~ A2to~: to confer w~ ~e C~ty ~ager ~d If agre~nts have not ~en re~ched by ~rch 5~ 1974~ t~t ~e C~ty Atto~ey ~ ~ns~cted to pre,are ~e proper ~eas~e~ or ~as~as~ to be presented to Co~cll' ~nst[t~ting cond~ation proceed~n, ~e ~tion was seconded by ~. Lisk ~d ~usly adopted. P~ ~ P~YGRO~S~ The City ~ager s~*tted a written re~rt recanting ~at Co~c~l meet W~ ~. K~ W~lson ~d his associates at 2 p.m., on We~esday, ~rch 13~ 1974~ to he~ a pres~tat~on fr~ ~at group on ~e[r reco~ndat~ons for ~e develo~t of Mill ~ta[n. ~. ~ut ~ved that Co~c~l conc~ ~n ~e recordation of ~e C~ty ~nager ~at Cocci1 meet w~ K~ Wilson ~d Ass~iates at 2~ p.m., We~esday, ~rch 13, 1974, ~n ~e Co~c~l Cheer. The ~tion was seconded by ~. Lisk ~d ~usly adopted. ~GIS~TION-~S ~ The C~ty Atto~ey s~ttad a written in co~ection w~ ~e ~tter of ~ssage parlors~ advising ~at pending ~e Co~c~l for adoption ~d while ~e 1974 ~eral ~s~ly of Virginia is [n Session, ~t ~s receded ~at Co.cf1 consider ~e advisability of ~k[ng s~ong re.est ~d rec~endat~on to the ~neral Ass~ly, t~ough the ~ers of ~e City's delegation, ~at ~e General Ass~ly or ~e Co~nwealth, itself, t~e such action as ~s necessa~, proper ~d valid to strictly re.late ~d pol[ce~ ~f not prohibit or prevent ou~ght~ ~e object[on~le feat~es of ~e so-called '~ssage parlors' which have g~ven rise to ~e rec~t n~a~us complaints ~de to ~. T~ut ~ved ~at Co~c~l conc~ ~n ~e re~rt of ~e C~ty Atto~ey ~d offered ~e foll~ng Resolution= (S21386) A ~OL~ION ~g~ng ~e c~ty~s representatives ~' ~e ~neral ~s~ly of Virginia to support legislation by which ~e Co~onweal~ ~uld ~st s~ngly re.ate ~d police, ~f not prohibit outright, ~e opera- t~on of certa~ ~ssag~ parlors. {For full text of Resolution, see ~solut~on Book ~o. 39, :Page 148.) ~. Trout ~ved ~e adoption of ~e Resolution. The ~tion w~s seconded by ~. Th~s ~d adopted by ~e roll.lng vote= A~: Messrs. G~l~d, H~ard, L~sk, Taylor, Th~s, Trout and ~yor Weber ................................ 7. ~YS: None ...................... 0. In this connection, Krso ~rnestine Nichols, 5131 Woodbu~y Street, N. W., appeared before Council and presented & petiti°n signed by 64 persons requesting that the ~assage parlors be closed, prohibit~ng the licensing of the massage parlors and requiring that employees of the existing massage parlors be required to have blood tests and physical e-Amtuation8 periodically end that each massage parlor be ~nspected by the Health Department. Hr. Llsk moved that the petition be received end filed. The motion was seconded by Hr. Thc~as end unani~ously adopted. LEGISLATIONoA~F. XATION-CONSOLTDATIOH= The City AttoFney subn~Ltted a written report advis~g that it is understoo~ that at least one of the several 'entt-annexation' hills ~ntroduced ~n the House of Delegates at the current session of the General Assembly has been re~orted out favorably to the floor of the House by the committee to which it was first assigned, that the intent of the bill ts to chenge the law under which ali the pending annexa- tion cases, in which the City of Roanoke end the City of Salem are parties, were initially commenced and have, thus far, bean conducted end to cancel out some or all that has thus far been ebtaLned for the City of Roenoke from the annexation court and from the Supreme Court of Virginia, on appeal, rcconnuending that while these matters are pending before the legislature the Council should formally state its strong position of position to such ty~e of leglslatlon and call upon the General Assembly end upon the members of the city's delegation to that bo~y to defeat any such proposed legislation. Hr. Lisk moved that Council concur in the report of the City Attorney and offered the following Resolution: (t21387) A ~ESOLUTION tLvging the State Senator and the Members of the House of Delegates representing the City of Roa/loke in the General Assembly of Virginia to use their best efforts to defeat all pending anti- annexation legislation and particularly House Bill No. 552. (For full text of Resolution, sen Resolution Book No. 39, Page 149.} Hr. Lisk moved the adoption of the Resolution. The motion was seconded by Hr. Trout and adopted by the following vote= AYES: Messrs. Garlend, Hubard~ Lisk~ Taylor, Thomas, Trout end Mayor Webber ................................ ~?. NAYS: None ........................ 0. DEPARTMENT OF PUBLIC W~LFA~E: The City Auditor submitted a monthly statement of e~enditures for public welfare for the month ended January 31, 1974. Mr. Trout moved that the report be received end filed. The motton was seconded by Hr. L~sk end u~animously adopted. REPORTS OF CO~ITTEES: WATER DEPARTMENT= The Water Resources Co~a~tttee submitted the following report in connection with the City of Roanoke participating in planninq for an area-wide water quality management pro, ram under Section 208 (a) of.the Federal Water Pollution Control Act Amendments of 1972~ 'Februa~ 25~ 1974 Honorable Hayor and City Council Roanoke, Virglllia Gentlemen s On January 3~ 1974, the Roanoke area was identified as one of six ~208j waste water quality planing areas in the State under recent federal legislation known as Sec- tion 208 of the 1972 Federal Water Pollution Control Law which required all state governors to identify those areas thought to have substantial water quality control problems as a result of urban-industrial concentrations or other factors 0 More recantly~ your Water Resources Come, tree has met with representatives of the State Water Control Board and the Fifth Plan~ing District Comm~ssion to be briefed on the details of Section 208 of the 1972 Federal. Water Pollution Control Law and to he advised nE our obliga- tions should we wish to participate ~n the program. The showing by the City and all other local juris- dictions withia~ the designated area that they have in operation an areawide waste management system~ or a firm legaI ¢~ttment on the part of the City and all other local jurisdictions to participate not only in the planning, but also in the ~m~lem~ntation of an area- wide waste management system would appear to be neces- sary before EPA will approve the planning area and agency for subsequent funding. Basically~ 'the legislation provides for 100 percent funding by the Environmental Protection Agency of plan- ning for an areawide water quality management program which has as objectivesl 1. ProvidLng for cost effective~ point source treatment a/id control for areas of urban-industrial concentrations having substantial water quality con- trol problems, 2. Providing for control of nonpoint sources in urban-industrial and other areas where such con- trols are required including prevention of water quality problems in the future, end 3. Providing for coordinated waste treatment management in such areas. The agency acconv.~lishing the planning must he a representative organization such as the Fifth Planning District Commission which has jurisdiction in the entire area designated By the Governor. Th~ results of this planning ~ould result in, but not be lila~ted to= 1. An analysis of infiltration/inflow into exist- ing sanitary sewer systems and a dater~nation Of whether lines should be replaced or repaired or treat~ent works be expanded. 2. The identification of treatment works neces- ·sary to meet the anticipated municipal and indus- trial waste treatment needs of the planning area_ over a 20-year period with provision for annual updating. 3. The establishment of construction priorities for such treatment works with t~me schedules for initiation and con~letion. 4. The establishment of a regnlatory program to (a) in~lement waste treatunent management require- ments, (b) regulate the location, modification, and construction of any facilities within the area which My result IA any discharge IA the a~ea, and (c) assu~e that any IAduStrial or c~rclal waste d/sc~ge ~ ~y ~ea~ ~rka ~ such area - Mets oppllc~le pre.eaSt r~ir~nts. 5. The Ad~tification of ~se av~cies neces- 6. ~he td~tltlcatlon ot ~e ~as~es necessa~ ~ ca~ out ~e pl~ (~cl~g f~olng)~ ~=1~ o~ t~ necessa~ to car~ out ~e pl~ . . ~e cost of,cuu~g ou~ ~e. pln vl~ln'such t~ ~d ~e e=~c~ s~lal~ ~d ~act ~f c}~lng out ~e pl~ wl~h such 7. A p=~ess to identify nonfat so~ces-o~ ~llutlm tncluihg agrl~lt~al ~d forest ~h~ l~ds~ ~d c~stnctl~ activiti ~d to set fo~ pr~ed~es ~d ~s~ including l~d 8. A process to consol ~e tis~sition of all ~esidual uste 9~e~ated ~ ~e area vhich could affect rater qualitl, ~d 9. A pr~ess to c~l ~e ~ts~stl of area to protec2 gro~d ~d s~face rater ~alit The plain9 could also Include such lt~ as u~ba ~off, air ~llutlon ad its e/fect on rater qualiti on s~ea fl~, ad il~ consols. The 5tare ~ater Control Board has set a p~lic meet- in9 on ~is rotter for ~30 p,m., We~esday, Feb~a~ 1974, ~ the ~oke' City Co~cil tar in order to /u~er discuss ~is mtter wi~ all affected ~at ~e City Coucil, by resolution, hdicate its inte=- est h p~ttcipatin9 h ~ls plunin9 p~ogr~.- It f~er recorded ~at ~is resolution e~ressln9 hterest h ~e progr~ ~ presented at the ~lic metln9. A ~af~ of ~e ~esolution e~essin9 o~ interest ~e progr~ is at~ched for yo~ consideration. ioll~ln~ ~e p~lic mee~g to be held by ~e Sta~e Water tonal ~ard yo= c=ttee will re~rt back to city coucil wi~ f~er recom~iatlons conceding the city*s possible participation in ~is progr~. hspectfully s~tted, S/ H~ton W. Th~s S/ Wllli~ S. H~ard H~pton W. Th~s, Chaim ~illi~ S. H~ard S/ Byron E. H~er Byron E. H~er' ~. ~o~s offere5 ~e foll~lng Resolution e~ressing the interes~ of ~e City of Ro~oke ~ participating in pl~n~g for ~ area-wide water quality ~ag~t progr~ ~der Section 208 (a) of ~e Federal Water Pollution ~nt~l Act ~ts of '1972= (%21388) A ~SOL~ION e~resslng ~e ~terest of ~e City ~oke in participating in pl~ing for ~ ~ea-wide water quality ~age- ment pr~r~ ~er Section 208 {a) of ~e Federal Water Pollution Control Act ~ts of 1972. (For full 'text of ResolUtion, See Resolution ~k No~ 39, Page 150.} ~tro t~n~aa moved the adoption of the Resolution. ~he motion was seconded by ~; 1~out ~d ~dopte~ by ~ foll~hg votes A~s 'Hesara. Ga~l~d, H~d, Llsk, Taylor, ~s, Trout ~d ~yor Weber ................................ ~YS s None ...................... ~0. ~. T~s ~ther ~ved t~t ~e City ~ager ~d ~e City Atto~ey be lns~cted to'c~fer ~d tr~s~t copies oi Resolution No. 21388 to such o[ ~e govern1 ~les wl~ln ~e FI[~ Pl~ning District ~t ~ey feel appropriate. The ~tion was seconfled by ~usly adopted. ~INIS~D BUSI~SS ~ NO~. ~NSIDE~TION OF ~ NONE. I~RODU~ION ~ CONSIDE~TION OF O~I~CES ~D ~OL~IONS= ~ORT~ Ord~ce No. 213~4 au~oriz~g ~d providing for - execution of a suppl~tal agre~nt to'~e city's lease agre~ent dated Au~st 26~ 1969, wi~ the United States ~ve~ent, Federal Aviation A~nistration, Con~act NO. ~T FA69~-5189, providing for the leasing space in ~e Te~inal Building at Ro~oke M~iclpal Ai~rt, in ~oke ~ty, having previously been before Co~cil for its first reading, read laid over, was again before the ~y, ~. Lisk offering ~e following for its second reafling ~d i~al adoption= (S213~4} ~ O~I~CE au~oriz~g ~d providing for execution of a suppl~l agre~nt to ~e City's lease agre~ent dated August 26, 1969, wi~ the United States ~ve~ent~ Federal Aviation A~nis~ation, Con,act No. ~ FA69~-5189, providing for ~e leasing o[ space in ~e Te~nal Building at Ro~oke M~icipal Alert, in Ro~oke cowry. (For full t~t of Ordinate, see Ordin~ce Book No. 39, Page 142.) ~. Lisk ~ved ~e adopti6n off the Ordin~ce. The ~tlon was seconded ~. Trout and adopted by ~e following vote: A~: Messrs. Garl~d, H~ar~, Lisk~ Taylor, Tho~s, Trout ~yor Webber ...........................a__~. ~YS = None ..................... 0. ~ORTI Ordin~ce No. 213~5 au~oriz~g ~e City M~ager to execute a license a~e~t be~een ~e City ~d ~e Federal Aviation A~nistra~on (Con~act No. ~-FA75~-7583) au~oriz~g said Federal Aviation A~nis~ation to install~ operate ~d ~intain~ at its entire e~se~ ~ approach light l~e ~d necessa~ con~ol facilities for R~way 15-33 at ~oke M~icipal (Wo~} Alert, u~n certain te~ conditions, hav~g previously be~ before C0~cil for its first reading, read ~d laid over, ~s again ~fore ~e ~dy, Dr. Taylor offering ~e foll~- ing for its second reading ~d final adoption= (~21375) ~ OPJ)XM~ZC~ au~oriz~n9 ~he CX~ ~age~ ~ execute (Con~ac~ No. ~-FA75~-7583) au~lz~ said Fete=al Aviation ~nis~a- t~ to ~s~ll~ o~rate ~d ~ at its ~t~re e~ense, ~ approach light l~e ~d necessa~ consol faculties Eor-.R~way 15-33 at M~lcipal ~rt ~ FXeld) u~n certa~ ~ ~d condit~ons. (For f~l t~t of O~ce~ see Ord~ce ~k No. 39~ Page 143.) Dr. Taylor ~ved ~e adoption oi ~e Ordinate. The ~tlon was seconded by ~. Th~s ~d adopted by ~e roll.lng votel A~ Messrs. Garl~d~ H~ard, Lisk, Taylor, Th~s~ Trout ~yor Weber ............................... ~YS: N~e ...................... 0. ST~T ~= Ord~ce No. 21377 dest~ating ~d fixin9 the n~e Ordway Drive, N. W.~ to a cer~ new street In ~e not.west quaint ~e city, hav~g previously been before Cocci1 for its first reading, read ~d laid over~ was again ~ore ~e ~y~ ~. Trout offering the foll~ing for its second reading ~d final adoption~ . (~21377) ~ O~l~ desi~at~g ~d fixing ~e n~e Ordway city. {For full text of Ordin~ce, see Ordin~ce ~ok No. 39, Page 144;) ~. T~ut moved ~e adoption of ~e Ordin~ce. The ~tion was seconded by Dr. Taylor ~d adopted by ~e [o11~ing A~S: Messrs. Garl~d, H~ard, Lisk, Taylor, Th~s, Trout ~yor Webber .....................T ...... ~YS ~ NoneT ..................0. ST~T ~S: Ordin~ce NO. 21378 desi~ating ~d fixing the n~ Harr Street, N. W., to a certain new s~reet in ~e northwest quadr~t of ~e city, hav~g previously be~ before Co~cil for its first reading~ read ~d laid over, ~s again before ~e ~y, ~. Trout offer~g the roll.lng for its second reading ~5 f~al adoption: (%21378} ~ O~IN~ desi~at~ ~d fixing ~e n~e ~rr Street~ N. W., to a certain new s~eet ~ ~e nor~west ~adr~t of the city. (For full text of Ordin~ce, see O~ce ~ok No. 39, Page 145.) ~. T~ut ~ved ~e adoption of ~e Ord~ce. ~e motion was seconded by Dr. Taylor ~d adopted by ~e fo11~g vote: A~: · Messrs. G~l~d~ H~ard, Llsk, Taylor, Th~s, Trout ~yor Webber ............................... ~YS = None ......................0. ~GIS~TION-DEP~ OF P~C ~1 Co~cil having directed ~e City At~ey to prepare ~e proper ~as~e re~esting ~e city*s delegation to the General ~sse~bly of Virginia to give strong support to certain items of ~e~ding' leqisla~ion relative to public welfare laws of ~he State of Virginia, he presented smne! whereupon, H~. Trout offered the following ~esolution ~ {%21389} A I~SOIYJTION requesting the city's delegation to the 1974 General Assembly of Virginia to give e~ron~ support to certain items of pending legislation relatin~ to the public welfare laws of the State of Virginia, (For full text of Reeolution~ see Resolution Book No. 39, Page 151.) Mr. Trout moved the adoption Of the Resolution. The motion was seconded by Mr. Lisk and adopted by the following vote~ AYES~ Messrs. Garland, Hubard, Llsk~ Taylor, Thomas, Trout and ~ayor Webber .............................. NAYS = None ..................... 0. GAI~BAGE I~EMOVAL~ Mr. Huhard pregented the following con~unication with reference to recommendations as to long-range plans-for the City Of Roanoke to dispose Of its solid mFehruary 1, 1974 To~ Mayor Roy L. Webber, and Members of Roanoke City Council Gentlemen, recen~l.~. we have worked out an agreement with our good friends in Vinton for the ~isposal of our solid wastes there on a basis that will give us temporary respite to permit us hopefully to reach an accord wlth all Valley governments on a landfill that will serve us for a period of 15 to 20 years. Though such an agree- ment is no certaintyw it seems likely to come about in the near future. However~ the landfill contemplated appears only to be treating the symptoms of the problem-- the ever-increasing tide of solid wastes generated by our affluent society. It occurs to me that we should turn our attention to finding feasible ceres to the problem. Isn't the bur~ing of our solid wastes an ostrich approach to a very co~plex problem? Doesn't it degrade substantial portions of our ever-shrinking Valley land? Does it threaten to pollute our rivers, streamsw and lakes? Fur- ther study is needed to answer these questions~ but we know-for sure that the landfill approach greatly disturbs a good percentage of' Valley citizens and promotes conten- tion and litigation. For the near term there seems to be no alternative to a landfillI but in the long run, we must find other ways to dispose of our solid wastes, if for no other reason than the fact that we cannot continue to discard valuable materials. The supplies of these materials, such as aluml- num~ tin, etc. ~ are fintte~ and w~ must commence recycling them. Our citizens each discard approximately one ton of solid waste per year. Surely a good portion of this nearly 100,000 tons can be conserved for reuse. ! suggest that we should not sit around doing nothing, hoping that the problem will dissolve--it won't--or hoping that others will solve it for us--they won't. We have capable and imaginative persons in the employ of our City who should be giving their serious atten- tion and study to viable alternatives to h~rying our solid wastes. Should we require the separation of solid wastes? Should we levy a separate charge for refuse col- lection? Should we consider the use Of such waste as fuel for the generation of energw? ! reccmnend tha~: we request ~he city Hanager~ ko- have ~e appropriate ~rs~s ~ his s~f~ c~ce ~la~ely ~o s~ud~ ~s ~e~ ~ ~o give ~c~rec~a~a~on8 as Valley qove~ts. ~s re~rt should ~ fu~lshed to ~. H~d ~ ~at ~e Mtter ~ ~eferred to ~e Clt~ ~aqer ~d ~e ~d[~ll C~!2tee for dtudy, re~r2 ~d ~ec~endation to Co~c~l as to long-time plus [o~ ~e dis~sal of solid ~astes, said re~2 to be s~tted ~cll no later ~m ~c~r 30, 1974. The ~tion ~as seconded by ~. ~d ~usly adop~d. Thee ~ing no f~e~ bus.ess, ~yor W~r declared the adjou~ed. APPROVED A~EST: Deputy City Clerk Mayor COUNCIL~ REGULAR MEETING, Monday~ March 4~ 1974. ~he Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Bullding~ Honday~ Hatch 4~ 1974~ at 2 p.m., the reqular ~eet~ng hour, .with Hayor Boy ~.. Webber presiding. PRESE~Tz Councilmen Bobert A. Garland, William S. Nubard, Noel C. Taylor, Ha~ton W. Tholeas, Ja~es O. T~out (arrived late) and Hayor Boy L. Webber ......................................... 6 · ABSENT= Vlce-Hayor David K. Lisk ....1. OFFICEI~9 pI~ESENT~ Mr. Byron E. Haner, City Manager{ Mr. Sam H. HcGhee, III, Assistant City Manager{ Mr. Ja~es E. Buchholtz, Asslstallt City Attorney{ and Mr. A. N. Gibson, City Auditor. INVOCATION= The meeting was opened with a prayer by Dr. Noel C. Taylor. MINUTES= Copy of the minutes of the regular meeting held on Monday, February 25, 1974, having been furnished each member of Council, on ~otion of Mr. Thomas, seconded by Mr. Hubard a~d unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS= NONE. PETITIONS AND COMMUNICATIONS= BUDGET-SCHOOLS= A communication from the Roanoke City School Board requesting that $79,821.89 be appropriated to Schools - Title I, P. L. 89-10, tinder Section {22000 of the 1973-74 budget of the Boanoke City School Board, representing carry-over funds from the fiscal year 1972-73 allocated to the Roanoke City schools, said funds to be used to pay salaries of Title ! personnel, one hundred per cant of expenditures to be reimbursed by P. L. 89-10, Title I funds, was before Council. Mr. Thomas moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance= ({21390) AN ORDINANCE to a~end and reordain Section %22000, 'Schools - P. L. 89-10, Title I,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book {39, Page 156.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the £ollowing vote= AYES= Messrs. Garland, 'Hubard, Taylor, Thomas and Mayor Webber ............................. 5. NAYS: None ............. 0. (Mr. Lisk absent) (Mr. Trout had not arrived) pAI~S AHD p~.AYGROU~DS-GRAHTSz Council hav~ng previously adopted ~solu~on Ho. 21240 au~oriz~g ~e fling of ~ application wl~ ~e Scon~c ~velo~ ~nis~a~lon~ United S~es ~pa~ of ~=ce~ United S~es o~ ~e~lca~ fo~ a g~ ~de~ ~e ~e~ of p~lic ~w 89-136~ as ~ded~ aid An fln~c~g ~e develo~n~ of ~udon Pa~k~ ~o~ F. Ke~edy Pa~k and Washington P~k in ~e no=~es~ sec~l~ of ~e CI~ of ~oke, a c~lca~lon The Ass~s~ Sec~e~ o~ ~ce~ ~ng copies of ~ Offer of in ~ ~ no~ ~o excee~ ~203~000.00 ~ssue~ p~su~ ~o ~e application ~e city fo~ federal assfst~ce to cons~ct or e~lp ~pr~v~ents to neig~rh~ parks in ~e City of ~oke, was before Co~cll. Dr. Taylor ~ved that ~e ~tter ~ referred to the C~ty Atto~ey for preparation of ~e proper meas~e accept~g ~e gr~t. The ~tion was seconded by ~. H~rd ~ ~usly aaopted. T~FIC= A c~fcatfon f~ ~. ~nald H. Miller, ~ ~ager, ~ of Vinton, ~ttfng copy of Resolution No. 536 adopted by the Vinton ~ Co~cfl on F~a~ 19, 1974, relative to relief for vehicle congestion ~ ~rov~t of traffic safety on V~ton Mill Road and Washington Avenue, re~estfng that ~e City of ~oke adopt a s~lar Resolution asking for recons~ction of ~ ~rtion of Vinton Mill ~ad ~at lies wf~fn ~e City Ro~oke, was before Co~cfl. ~. G~i~ ~ve~ ~at the ~tter be referre~ to the City Atto~ey for pre,ration of ~e proper ~eas~e. The ~tfon was seconded by Dr. Taylor ~usly a~opted. ~GIS~-~IONS= A co~icatfon from ~e Chaf~ of the Electoral ~ar~ r~est~g t~t ~e poll~g place fn Sou~ Ro~oke No. 3 precinct be ch~ge~ f~m 2602 Fr~lin Roa~, S. W., to ~e ~C, ~nco~rated, bulldog at 2711 Fr~lfn Road, S. W., was before Co~cil. Dr. Ta~lor ~ve~ ~at Co~cfl conc~ in ~e request of the Electoral ~ard and offered ~e following ~rgency Ordfn~ce= (%21391) ~ O~I~ ~d~ng ~ reorda~n~ng Sec. 49. Vot~ ~ Sou~ ~anoke Prec~ct No. 3, ~apter 2. Precincts ~ Votfn~ Places., of Title IV. Elections, of ~e C~e of ~e City of Ro~oke, 1956, as ~ed, as to ch~ge ~e l~a~on of ~e ~t~g place ~ Sou~ ~oke Precinct No. 3~ ~ providing for ~ ~erg~cy. (For full text of Ordinate, see Or~ce ~ok %39, Page Dr. Taylor ~ved ~e adoption of ~e O~n~ce. ~e ~tfon was seconded by ~. Garl~ an~ adopted by ~e foll~g vote= A~: Messrs. GarliC, H~a~, Taylor, ~s ~ ~yor Webber ................................ 5. ~YS = None ............... 0. (~. Lfsk ~s~t) (~. Trout ha~ not ~rived) PADIO-~/LEVISION~ A comaunioation from Viacom Communications request° lng that they be kept informed o£ tho pro.ess in developing a regional CATV Ordinance, end further requesting t~at they receive a copy of the Ordinance along with a bid form when it ia finalized, was before Council. Hr. Thomas moved that the ccamunicatlon be referred to the CATV Co~ulttee for its information in connection with its study of the matter. The motion was seconded by Hr. Garland end unanimously adopted. At this point, Hr. Trout entered the meeting. TRAFFIC: A communication from Hrs. W. C. Cos~ton, 627 Hountaln Avenue, S. R., requesting that something be done about the parking situation on residential streets, expressing the opinion that one space should be allocated to a property owner on the side of the street on which he resides and that something should be done about parking vehicles in such a manner so as to block the doo~eay views in a residential area, was before Council. Hr. Huba~d moved that the matter be referred to the City Hanager for study, report end recommendation to Council. The motion was seconded by Hr. Garland end unenimously adopted. BUSES: A comunication from Hr. James R, Finton, ar., 2219 Carter Road, So W., in reference to the bus transportation in the City of Roanoke, advising that the most difficult obstacle in riding a bus is locating schedules and routes and expressing the opinion that the bus company should be self- sufficient, was before Council. Hr. Garland moved that the connnunication be referred to ~he Trensporta- ,tion Study conmittee for its information in connection with its study of the matter. The motion was seconded by Hr. Thomas and unanimously adopted. COHPLAIRTS: A petition signed by 106 citizens of the City of Roanoke requesting that Council take immediate and positive action against the so called 'massage parlors' which are now operating in the city speclfically in the Williamson Road area, was before the body. In this connection, a further petition signed by 93 residents of the City of Roanoke requesting that Cotmcil take whatever action is necessary to te~mlnate operation Of the massage parlors in the City of Roanoke end specifically in the Willlamson Road area, was also before Council. Hrs. Ernestine P. Nichols, 5131 Woodbury Street, N. W., appeared before Council and presented a petition signed by 100 city residents expressing their opposition to the massage parlors Of the type now infesting the City of Roenoke, advising that the excessive concentration of these places on William- son Road between Hollins Road and Orange Avenue has degraded the entire section and requesting that Council take immediate action to close the message parlors, was before the body. Hr. Huba~d moved that the petitions be received and filed. The motion vas seconded b~ Dr. Taylor and unanimously adopted. In this connection, )ir. Hubard presented a communication advising that this ~atter has been before Council on numerous occasions during the past several ~onths and has received much coverage in the news media, that in response to these several petitions Council has asked for an investigation and report by the City Hanager, referred the matter to the City Attorney for study and report, to the City planning C~ssion for study, report and reconnenda- tion, to the Revenue Study Ccmunission for study, report and reco~nendation and petitioned the city*s representatives in the General Assembly of.Virginia to support legislation to strongly regulate and police, if not outright prohibit massage parlors, pointing out that there appears to be a very simple and sensible approach available to apply to this concern, making reference to a co~onication from Delegate A. Victor ?h~nas under date of February 28, 1974, advising of the results of his investigation of the massage parlor cause celebrc.and pointing out that the best available solution is to ~end the 'Virginia Occupational and professional Regulation' laws so as to regulate and license masseurs and masseuses in our state. Hr. Hubard then moved that the previous referrals of this .matter to the City Attorney, City }lanager, City Platting Co~ssion and Revenue ~tu~y Commission be revoked and that the City Manager be commended for his law enforce- ment officerst taking and continuing to take expedient and effective efforts to hncoV~ and report illegal acts in the massage parlors in the city, and that Council defer any further action on this matter at this time, pending the enactl~ent of appropriate leglslation by the Virginia General Assembly to regulate and police massage parlors. Councilmen Garland, Taylor and Thomas expressed the opinion that they are in agreement with Mr. Hubard~s motion insofar as referring this matter to the General Assembly but they do not feel that the previous actions of Council relative to requesting reports from the City Manager, City Attorney, City Planning Co~v, tssion and Revenue Study Cnmmission should be revoked. Mr. Garland pointed out that any action taken by the General Assembly cannot be accemplished imtil the 1975 session of the legislature. The Assistant City Attorney pointed out that any local Ordinances on the ~atter would he en~olnad by the U. S. District Court pending the outcome Of litigation on the sa~e questions in another part of the state. Mr. Hubard~s motion failed for lack of a second. Dr. Taylor moved that Mr. Hubard~s motion which had failed for lack of a second be amended by deleting the following words -~that the previous referrals of this matter to the City Attorney, City Manager, City Planning Commission and Revenue Study Commission be revoked. · The motion was seconded by Mr. Thomas and adopted by the following vote: AYESz Hessr8. Garland, Taylor, Thomas, Trout and Mayor Webber .......................................... 5. NAYSz Mr. Hubard .....................1. (Mr. Llsk absent) Mr. Hubard then moved that'the motion and his comnunication be withdrawn. The motion was seconded by Mr. Trout and unanimously adopted. REPORTS OF OFFICERS~ J for providing bus service to the City of ~oanoke for a $14,000.00 per month subsidy. Dr. Taylor moved that Council concur In the report of the City Manager and offered the following emergency Ordinance appropriating $14,000.00 to 'Fees for Professional and Spocial Services,' under Section $96, 'Transporta- tion,' of the 1973-74 budget: (t21392) AN OI~INANCE to emend and reordain Section 196, 'Transporta- tion,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book t39, Page 157.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor Webber ..................... ~ ........ 6. NAYS: None ...............0. (Mr. Lisk absent} Mr. Trout then offered the followlng emergency Ordinance conditionally emending paragraphs (iD and (15} of the contract dated August 1, 1951, between the City of Roanoke and Roanoke Railway & Electric Company and Safety Motor Transit Corporation, relating to public bus transportation, so as to provide for payment by the city to Roanoke City Lines, Incorporated, of certain sums for the month of March, 1974, and thereafter until such contract be further amended or ter~dnated: (t21393) AN O~DINANCE conditionally ~unending paragraphs (ID and (15) of the contract dated August 1, 1951, between' the City of Roanoke Railway & Electrlc Company and Safety Motor Transit Corporation, relatlng to public bus transportation, so as to provide [or payment by the city to Roanoke City Lines, Inc., of certain sums for the month of March, 1974, and thereafter until such contract be further emended or terminated as herein provided~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~39, Page 158.) Kr. Trout moved the adoption o£ tho Ordinance. The motion vas seconded by Hr, Garland and adopted by the follmelng votes AYESs Hessreo Garland, ltubard~ Taylor, Thc~as~ Trout and Hayor Webber ................................. ~¥Ss Hone ........................ O. (Hr. ~,lsk absent) CITY ~2~PLOYEESt The City Manager and the City Auditor submitted a ~oint report ~n connection with rec~e~ndations regardJ_ng iuter/lntra-Dlrectorate personnel transfers, reconm~ending that Council concur in the lnter/intra Directorate trensfer of various positions as Indicated in Appendix ! {as more fully set out An the report), advising that operational control Of many of these personnel has already been assumed by the gaining directorate, that these personnel would continue to be budgeted in the respective department accounts as approved for this current fiscal year, until Guly 1, 1974, when they would be budgeted within the respective gaining directorate account~ reco~ending that Council concur in the deletion of certain Positions listed In Appendix Il (as more fully set out in the report~ recommending that Council concur with the establishment of a City Collector's Office, under the direction of the City Auditor, advising that this office would consolidate the collection of delinquent taxes, water bills, utility connection fees, rental fees, and miscellaneous bills, that it is anticipated that the City Collector's Office would also complete the transactions for the food stamp program which will begin on July l, 1974, and that the collection of taxes, licenses and other revenue would ~onttnue to be handled by the City Treasurer~ Pointing out that Appendix Ill (as ~ore fully set out in the report) indicates a recapitulation of personnel within the City Manager and City Auditor operations, and also shows a detail of personnel strengths within each department, noting that there was a n~nor increase in authorized positions from 1,508 positions authorized on July 1, 1974, to 1,510 Positions authorized to~ay, that it should be further noted that there are 85 vacancies in authorized positlons, that these vacant positions are being further evaluated as to whether or not they should be ftlled~ deleted or otherwise changed in order for the city to better meet their functional responsibilities and that future reports will make spec£fic reco~nendat/ons concerning these positions. Hr. Hubard ~oved that Cotmcil concttr in the joint report of the City Manager a~d the City Audltor. Tho ~otion was seconded by Hr. Garland and anenimously adopted. AIRPORT-FIRE DEPARTMENT: The City Manager sub~tted a written report advising that Resolution No. 21337 authorized the City Manager to execute a_nd file with the Federal Aviation Administration a request for federal aid under the Federal Airart Act for reconstruction of the easterly portlou of the south ramp and the construction of a fare and rescue building at the airport, that this Resolution does not authorize the City Ranager to execute a contract to l! the low bidder for these projecter pointing out that he has been informed by ~he F~ ~ ~e gz~b fo~ ~his ~ns~c~lon shoul~ ~ received on ~rch 4 o~ 5~ 1974, ~d c~s~der~g ~e fac~ ~ ~e ~sal s~ed by ~o~ In~ra~ed~ fo~ ~e c~sb~c~'of ~e f~re ~d ~escue building on ~rch 7, 12 Is ~r~t t~2 t~e C~2y ~aqer ~ au~orized to execute a contrac2 ~l~ T~r, Inco~rated, no la2er ~ ~rch 7, .reco~ndinq fha2 ~cil au~or~ze ~e Clt~ ~a~er to efiter ~tO a contrac2 ~ ~or, ted~ for ~e ~ns~ct~on o~ ~e No~est F~e ~ Rescue BulldOg at the al~ ~ ~ H. · S. Cons2~c~ion C~ for ~e reconst~ction o~ ~e easterly ~rtion of ~e sou~ r~p a~ said al~2~ s~jec2 to ~e receip2 ~e gr~t fr~ the F~eral Avla21on ~nistration. ~. T~ut ~ved that Co~cil conc~ in~e re~endation of ~e City ~nager ~d offered ~e following ~rg~ O~in~ce accepting the p~sal o[ Thor~ Inco~rat~, for c~st~ction of ~e North~st Fire and Res~e Building at ~oke M~icipal (W~) Ai~ort= (%21394) ~ O~N~ accepting ~e pro~sal of Thor~ Incor~rated for const~ction of ~e Not.west Firehouse ~d Rescue Build~g at ~e ~oke M~icipal Ai~rtl au~orizing ~e proper City officials to execute ~e re~lsite contractl rejecting certain o~er bids ~de to ~e City~ ~d provid~g for ~rg~cy. (For full text of O~in~ce, see Ordin~ce ~ok $39, Page ~59.) ~. T~ut ~ved the adoption of ~e Ordin~ce. The ~tion was seconded by ~. ~s ~d adopted by ~e following votel AYES: Messrs. Garl~d, H~d~ Taylor, Th~s~ Trout and ~yor Weber ...................................6. ~YS= None ........ -'- .......... 0. (~. Lisk absent) ~. Trout th~ offered the fo11~ing ~rgen~ Ordin~ce accept~g ~e p~sal of H. & S. Const~ction C~p~y for ~e reconst~ction of the easterly ~rtion oi the sou~ r~ at ~oke M~icipal (Wo~) At.orr: (%21395} ~ 0~I~ accepting ~e proposal off H. & S. Const~ction ~y for recons~ction of ~e 'easterly ~rtion of ~e Sou~ ~ at the ~oke M~icipal ~rt~ au~orizing ~e p~oper city officials to execute ~e re~isite contractl rejecting certa~ '8~er bids ~de; to. ~e City~ ~d providing for ~ ~e~en~. (For full text of Ord~ce, see Ord~ce B~k %39,. Page 161.) ~. ~ut ~ved ~ 'adoption of ~e Ord~ce. The ~tion was seconded by ~. Th~s and adopted by ~e 'foll~ing vote: ' A~S:. Messrs. G~l~d~ H~ Taylor, Th~s~ Trout ~d ~yor ~YS= N~e ................ ~--0.: (~. Lisk ~sent) FIRE DBPARTHI~TI . The City Hanager submitted a ~t~n co~ection ~l~ a ~cat~on ~ ~. ~1 ~sch~ ~es~dent~ ~er~c~ ~r I~s, Inco~rated~ c~ce~ng a f~re ~hich t~k place ~ ~e Econ~ ~tel on ~ute 220 Sou~ In ~oke ~ty.on Septet 14~-1973~ suggest~ ~ak ~ere Is ~r~ps the necessit~ to ~ve additional Building C~e redire- cts cover~g ~e firep~f~ng o~ ~tels~ advising ~at ~ls ~tter has ~en investigated b~ ~e Bulld~n~ ~sioner~s Office ~d ~e Clt~ Fire ~rshal~ ~t ~ltially ~e~e ~as s~ c~fusion as to ~e act~l l~at~on ~e ~tel~ ~ It ~as dete~ned ~at ~e f[r~ ~as ~ the Econ~ ~tel located ~i~ ~oke Co~ty, ~at ~e ~tel ~as const~c~ed o[ ~son~ ~a~ h~ carelessness ~as the cause of ~e fl~e ~d ~ dea~ occ~red due to s~ke ~ala~lon, ~ ~hile s~ ~rs~al prefer~ce ~gh~ be e~ressed against ~e use of ~ fr~e cons~ction tn ~tels~ fo~ nationall~ reco~ized Building C~es ~t this t~ of const~ction for ~tels wf~ certain l~tations on height ~d area of the buildin~ ~d based on this national accep~ce of this t~e of ~tel ~ns~ction, it fs not reco~ended that ~e city pro. se to ~e S~te ~ard of Housing ~at ~e S~te Building Code be ~ended. ~. Th~s ~ved ~at ~e re~rt be received ~d filed. The ~tion was seconded by ~. Trout ~d ~usly adopted. BUSES: The city ~ager s~tted a writt~ re~rt reco~endin~ Co~cil, by Resolution, info~ ~e Virginia ~par~t of Highways, ~at the City of Ro~oke acce~ the F~al Tr~sit Tec~ical Study, as prepared by Wilbur S~ ~d Associates, Consulters. ~d re.est fag re~s~ent of 85 per c~t share of f~ds fr~ ~e Virglnfa ~par~ent of Highways for ~e cost of said study. ~. Garl~d ~ved ~at Co~cil conc~ fn ~e reco~ndatfon of ~e City ~a~er ~d offered ~e follow~g Resolution: {$21396) A ~SOL~ION au~orfz~g ~e City ~ager to re.est burs~ent from ~e Virginia Depar~ent of Highways for its share fn ~ 'urb~ ~ss Tr~sft Tec~fcal Study'. (For full text of ~esolution, see Resolution ~ok ~39, Page 162.) ~. G~l~d ~ved ~e adoption of ~e Resolution. The ~tfon was seconded by ~. H~ard ~d adopted by ~e foll~ vote: A~S: Messrs. Garl~d, H~ard, Taylor~ Tho~s, Trout ~d ~yor Webber .................................... ~6 ~YS~ None ................. ~ .... 0. ~(~. Li~k S~ Cocci! having referred to ~e. City ~a~er for study, re~rt ~d recordation a c~fcation fr~ ~. Joseph H. ~Wars, President.ice President, Co~cil of ~ity Org~fz~tfons, wi~ reference to ~e yacht Helrose Ei~ S~I Building to be used as a ~ltur~l C~ter, ~e City H~nger s~tted ~e roll.lng re~rt reco~endfng that Council appropriate $10,000.00 to a Capital Fond accoont for the Melrose Elementary School~ that these funds be 'utilized for 'im~rovemente to that facility et such time as the Council o£ _Ce~nity Organizations funds the needed mo~i£1cetione~ or.~ should the Cooncil of Comunity Organizations be enable to raise their fonds within 'Six months, that the cityts fonds be utilized to demolish school building and to level end clear the site: 'March 4, i974 Hooorable Mayor and City ~ouncil l%oanoke, Virginia ' Gentlemen: ' On Honday, December 10, '1973' Hr. Joseph Mars, President/ Vice President of the Council of Can~nunit¥ organizations (CCO), appeared before City Cooncil and presented a request that the CCO acquire the vacant Melrose Elementary School building for to the City Manager to study and report back to City council. I should preface ~ further co~ments with the fact that ' the City Hanager~a office has received several telephone calls frem concerned neighbors who are opposed to this request but who are reticent to spoak out publicly against it. A copy of the ~orth~est Cooncil of Co~mnmity Orgenizations* intended utilization of this facility is attached for City Coun- cil's review. Basically, this is not a air,pie probie~ to resolve. It is complicated by numerous factors such as the hesitancy of the City's insurers to insure a vacant building; by the fact that before this facility can once again-be utilized for public assembly, it must be upgraded to co~ly with State Fire ~arshal requirements; and the acknowledged fact that the CCO does not at this time have the financial resources to make the required tz~ove~nents or to operate and ~aintain the building. Because of the threats of vandalism and the City's past experience with vacant school buildings, this facility should either he occupied or demolished. ~t this ti~e the City has no pro~ected use for this facility. It is estimated ~_hat it ~ould cost approximately ~10,000 to have the building demolished and the site clea~ed. The existing structure is large, old and in need of both repairs and remodeling if it is to co~ply with fire prevention criteria. The building has been inspected by City forces, by ' the Building Cn~tssioner~s office andby t~o contracting Co~t estimates to upgrade this facility to =pet current criteria vary between $35,00~ and $60,000~ · The Cooncli of Comunity Organizations, through their es~ab- llshed goals, has received support fro= numerous persons and o~ganizations. The I/A~C~, OICi Co~nunity Mental Health o~ganiza- tions and the Conmunity Design Center at Virginia Polytechnic Institute and State Universlt¥ have ali expressed their support with three of these nonprofit oz~anizations expressing a desire to utilize areas ~ithin this facility if it is returned to use. ' The representatives of the CCO have met with city person- nel on n~nerous occasions in an effort to ~ork out the pro- ble~n areas that are currently apparent. Their representatives recognize and understand that if they are to undertake this endeavor they ~til, of necessity~ have ~to raise~the majority of the funds for upgrading the building as well as to pay the normal operating costs of the facility. ' Certainly the city Council concurs in~ the stated goals of the CCO and understands their desire to acquire a facility which they could Utilize for a co~nunity cultural center. They have been informed that insufficient funds exist in the current budget for the City to accomplish the necessary renovation of this facility and have proposed the following solution for City Council's consideration. ~42 ' ~he~e?ressed ~nterest of,'nunereus urgenizatiens .in'. cooperat g and utllizLug this facility ~akes it conceivable that through rental, of-~o~ions of .thia. facility it could - beccsue self-sus~a~n~ng. ,.' · The representatives of the Council of Co~,~lty Organi- zations p~opose that the City of ,l,,oenoke agree to provide the sa~e amount of funds that it would cost to demolish this facility toward its rehabllita~lun, PrediCated upon-the stipu- lation that the ¢C0 raise the remainder of the funds needed to bring the building uP to the standaz~ls required for public use. They would need the City's assurance that this facility would be available for their uso for an extended period of tim if the funds are raised. Gentlemen of ~ouncil, the representatives of the CCO are sincere in their belief that there is an urgent and viable need for a facility of this nature. They express faith in the desire end ability of their c~munity to operate and sus- tain such undertaking, and their proposal would cost the City nothing if they are unable to fulfill their part of the pro~ posal.' It would be recendsd that City Coun;ii approPraite $10,000 to a Capital Fund Account for the Nelrose School. These fonds would bc utilized for i~prove~_nts te that facility et such t~ eS CCO funds the needed ~odificattens, or, should CCO be enable to raise their funds within six months, the City's fonds could be utilized to demolish the school building and to level and clear the site. Respectfully s~ tted, S/ ~yron E. Haner City Manager' Mr. Thomas'moved that Council concur in the reco~endatien of thc City Manager and that the matter be referred to the City Attorney for prepara- tion of the proper measure. The motion was seconded by Dr. Taylor and onanimously a~o~ted. F~L OIL: The City Manager submitted a written report advising that representatives of the ~oanoke Valley Chapter, Virginia Gasoline Retailers Association, have in~icated their willlngness to establish, on a voluntary basis, specific hour~ Of operation for retail sale of gasoline, that in accordance with provisions of Executive Order No. Two~ issued by the Governor of Virginia, February 18, 1974, local governing bo~les are encouraged to consider the necessity for establishing hours of operations a~d, if in agreemant with such necessity, to arrange and support voluntary i~plementation. Mr. Thomas moved that Councll concur in the report Of the City Manager a~d offered the following Resolution: (%21397)' A I~F~SOLUTION arranging a~d .estahlishing-a volt~ntary plan for coordination of-hours of operation of retail-gasoline service stations in the City of Roanoke~ under authority of Executive Order No. Two,-issued by the Governor cf Virginia on February 18, 1974. (For full~text-of Resolution, see Resolutinn Book %39, Page 163.) Mr. Thomas moved the adoption of the Resolution. -The ~otion was seconded by Mr. Trout and adopted by the following vote: AYESz, PLessrs. Garlandt Hubardw Taylor, Thomas, Trout and Mayor Webber ...................... ~ ............. 6. NAYS~ -None ...................... 0. · (Hr. Llsk absent) TRAFFIC~ The Clty Manager submitted a written report advising ~hat the city has received the final concept report £rol~ Wilbur Smith end Associates for the Downtow~ Traffic Signal Systemw reco~ending that Council adopt the concept report slid that the City H~nager be authorized to notify the Vlginia Department of Highways concerning this adoption. Hr. Thomas moved that council concur in the report of the City Manager and that the City Manager be authorized to notify the Virginia Department of Highways as to the adoption of the report. The motion was seconded by Hr. Trout and unen~mously adopted. AXRPORT: The Clty Manager submitted a written report advising of the retirem~nt of Hr. Marshall L. Harris, Manager, Alrport/Harket, on May 4, 1974. Dr. Taylor moved that the report be received and filed end the resignation be accepted with regret. The motion was seconded by Hr. Hubard and unanimously adopted. POL~C~ DEPARTHENT-FIRE DEPARTMENT: The City Hanager submitted a written report as to the status of personnel in the police and fire departments as of Jenuary 31; 1974, advising that end~/~g Jenuary 7, 1974, there were eleven vacancies in the Police Department and at the end of Jenuary, 1974, there were five vacancies in the Fire Department. ~Lr. Trou~ ~ that the re~Ort he recefved and filed. The motion ·ras seconde~. by Hr. Thomas end tma/l~/aously adopted. CHARTER: The Assistant ~.~t..v Attorney e~tted a written report of the City Attorney advising that a bill incorporating all of the amendments of the City Charter 'proposed by Council has, as of February 28, passed both houses of the General Assemblyt end now awaits the approval Of the.Governor. Hr. Trout moved that the report be received and filed. The motion was seconded by Mr. Hubard and unanlmously adopted. pA/~KING GARAGE: The Assistant City Attorney submitted a written report trensmltting a proposed Ordinance authorizing and directing the City Manager to make a final offer to purchase certain properties wanted and needed by the city as a site for the downtow~ off-street parking garage, advising that the Ordinance also authorizes institution of conde~matton proceedings where the city and the property owner or owners fail to reach en agre~ent. Hr. Trout moved that Council concur in the report of the Assistant City Attorney and offered the following emergency Ordinance: (%21398) AN O~DINANCE direct~ng end providing for the acquisition of certain parcels of lend ~n fee s~mple needed by the City as a site for a publicly owned off-street parking facility in the Clty~ fixing the consideration ¸43 to be offered t~ be paid by 'the City for said parcels of land and the other terms and provisions of such acquisition! providing for the City's acquisition of said land by conde~ation~ under certain circu~stancea~ and providing for an enargenc~. ; ' ' (For full text of Ordinances. see Ordinance ]~ook l]9, Page 164.) M~. ~Tout m~ved the adoption of the Ordinance. ~he motion was seconde~ by ~. Thomas arid adopted by the ~ollowing vote~ AYES: Messrs. Garland, Hu~ard~ ?aylor~ ~omas~ ?font and M~yor Webber .... ~ ............................. 6. ~AYS= None ...................0. {~r. Lisk absent} BUDGET-LOANs-cITY GOV~I~NMENT= The City Auditor submitted a written report advising that under authority granted the City Auditor by Resolution No. 21140 he has negotiated a short-te~m loan in the total amount of $2,000,000.00 at the rate Of 4.33 per cent per annum, said loan to mature June 25, 1974t and transmitting an Ordinance appropriating funds to repay the loan and interest thereon. Mr. Thomas moved that the report be received and filed. The motion was seconded by }ir. Trout and unani~ously adopted. Mr. Thomas then offered the following emergency Ordinance= . · (%21399} A~ ODDLN~NCF. to amend and reordain Section %90, 'Sewage Treatment Fund," of the 1973=74 SeWage'Treatment Fund A_~_oro_urlation' Ordinance,' and providing for an emergency. {For full text of Ordinance, see Ordinance Book %39, Page. 166.) Mr. Thc~as moved the adoption of the Ordinance. The motion was seconded by Mr. Trout' and adopted by the following vote AYES= Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor Webber ................................... 6; NAYS: None ......................0. (Mr.-Lisk absent) REPORTS OF CO~"KES: ' AUDITS: The Audit Comuittee submitted a-~r~itten report reco~nanding that Council refer the management letter' fram Peat, Max'~ick, Mitchell and Company, under date Of February ?,. 1974, to the Audit Corrimittee for the imple- mentation of those parts of the letter which appear to ~the Audit Committee to be feaeiblet ~eco~anding that a committee composed of the City Auditor, City Attorney, City Clerk and City Hanager be appointed for the purpose of studying methods and limits of record retention and destruction of sume~ reconenending that the City Auditor and the City Hanager be ~reguested, with thc aid of the city staff, to establish asset'values' for capital assets which values ~ould be acceptable to fha accounting firm making future audits for the City of l~anoke, it to be established that this procedure could be completed in five years and hopefully without the expunditu~e of additional funds and that if it should become necessary to appropraite funds-for this purpose, the Audit Con~lttee will make appropriate rec,~ndations to Council! and recommendLng that Council authorize the Audit C~-~ttee to receive proposals from the certified public accounting firms,' established within the City of Roanoke, to conduct the audits for the current and next two fiscal years. Mr. Hubard moved that Council receive and file the report and concur ~n the recon~endations contained therein. The motion was seconded by Hr. Garland and adopted by ~the following vote: AFES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor Webber .................................. 6. NAYS: None ............... ~ .......... 0. {Mr. Lisk absent) ~?.FU~ATIONS: Mr. M. Carl Andrews, Co-Chairman of the Roanoke Bicentennial Comm~ssion, appeared before Council and presented a co~nunication requesting that Council concur in a recon~endatlon to extend the Roanoke City observance of the American Bicentennial through June, 1982. Mr. Trout moved that Council concur in the recommendation of the Roanoke Bicontennial C~mmtssion and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Thomas and unanimously adopted. B~IDGES: Council having referred to a committee for tabulation, report and recommendation the proposals received for painting the Wasena Bridge, the co~n~ttee submlt..'-~?- a written report reco~nnending that proposal of Burgess Brothers Painting Contractors, Incorporated, in tho amount Of $23,?6?.00, be accepted. . Dr. Taylor moved that Councll concur in the recommendation of the committee and offered the following emergency Ordinance accepting the proposal of Burgess Brothers painting Contractors, Incorporated: (%21400) AN ORDINANCE awarding a contract for painting the Wasena Bridge, upon certain term~ and conditions~ accepting a certain bid made to the City for performLng said work~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book %39, Page 167.) Dr. Taylor ~oved the adoption of the Ordinance. The ~otion was. seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Taylor, Thebans, Trout and Mayor Webber .............................. = ...... 6. NAYS: None ......................0. (Mr. Lisk absent) UNFINISHED BUSINESS: NONE. .. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION ~ CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 21379 vacating, discontinuing and closing that portion of an alley 15 feet wide lying parallel to South Jefferson Street gunning northerly from the noz~herly line of ~hitmore Avenue at the sou~ste~ly co~er ~f ~t 11 ~ ~ te~nus o~ the alley ~d ~hind ~ts 6 - 11~ hcl~lve~ Section 5~ of ~e PleaSer Valley ~d Co~y ~p~ having p~evlously ~ ~fore ~il for its first reading~ read ~d laid ove=~ vas aga~ ~fore ~e ~y~ ~. H~ard offs=lng ~e foll~ln9 for its second ~ead~g ~d final adoptions (~21379) ~ O~l~ enacted p~su~ to ~e provisions o~ Section 15.1-364 o~ ~e C~e o~ Virginia (1950) as ~nded to date p~ovidlng for vacating~ discontinuing ~d closin9 ~at ~rtlon o~ ~ alley 15-feet wide lyln~ parallel to S. Jefferson Stre~ ain~ no~erly from ~ no~erly lin~ of ~i~ore Avenue at the sou~westerly ~er of ~t 11 ad extending behind ~ts 11~ 10, ~d 6~ Section 5~ of ~e Pleaser Valley ~ Co. ~p~ in ~e City 'of VirgUle. · . (For full text of Ordin~ce, see Ord~ce ~k ]39, Page ~. H~ard ~ve~ ~e adoption of ~e Ordin~ce. The motion was seconfle~ by ~. G~l~d ~d adopted by ~e followin~ vote= AYES= Messrs. Garl~d, H~ard, Taylor~ Th~s, Trout ~d ~yor Webber .................................. 6. ~YS: None ................... 0. (~. Lisk absent) ZONINGI Ordin~ce No, 21380 rezoning property located on the south side af Br~don A~e, S. H., e~st of 2754 Br~don Avenue~ S. g., ~d weat of ~ Rosalind ~11~ ~ptist Church,-descried as Official T~ No'. 1620109, from RG-I~ ~neral Resid~tial Dist~ict, to C-l, 'Office ~d Institutional Dis~ict, having previously ~ ~fore Co~cll for its first reading, rea~ laid over, was aga~ before ~e' b~y, ~. H~ard offering ~he followlng for its second read~g ~d f~al adoption= {%21380) ~ O~I~ to '~ Title ~ Chapter 4.1, Section ~e C~e off ~e City o~ Ro~oke, 1956, as ~d~, ~ Sheet NO. 162', Sectional 1966 Zone ~p, City of ~oke, ~ relation to Zon~g.' (For full text of Ordin~ce, see Ordin~ce ~ok~ %39, Page 153.} ~. H~ard ~ved ~e adoption oi th~ Ordln~ce. ~e mo(ion was s~nded by ~. T~ut ~d adopted by ~e fo~l~ing vote: A~= Messrs. G~l~fl~ H~ar~, Taylor, Th~s~ Trout ~ ~yor Weber .......~ ...................... =-6. NAYS= None ................. 0. (~. Lisk ZONING= o~e' No. 21381 rezoning property located at 2302 ~lonial Avenue, S. W., describefl as ~ts 6, 7 ~d 8, Bl~k 1, Colonial Heights ~dition, from ~, Dupl~ ~sid~tial Dts~ict, to C=i, Office institutional Dls~ict, having Prevkogsly'be~ before Co~=il for its first read,g, rea~ ~ laid over~' was again before ~e ~dy, ~. Trout offering ~e foll~9 for its secon~ reafl~9 ~d fin~l a~option: (121381) J~ OP~I~N~ to amend Title XY, ~apter 4.1, Section 2, ~e ~e OZ ~e Cit~ O~ ~o~e, ~56, a8 ~de~, ~d Sheet Ho. 127, (FO~ ful~ text o~ Ozdin~ce, see'O~din~ce ~k 13g, Page 154.) ~. ~u~ ~ved ~e adopti~ of.~e O~d~ce. ~he ~tion vas second~ by ~. Ga~l~d ~d adopted by ~e roll,Lng vote~ A~: Messrs. Garl~d, H~ard~ Taylor, ~s, Trout ~d ~yor Weber ....................................6 · ~YS: None ....... ~ ............. 0. (~. L~sk absent) ~ORT~ Or~n~ce No. 21385 au~or~z~g ~e C~ty~nager to exe~te a new ~Lc~se agre~nt between ~e c~ty ~ ~e Fe~era~ Aviation ~nLstrat~on (Con~aut No. ~-FA~5~-~630) au~or~z~g saL~ ~nLstrat~on to ~nsta11, operate ~~ at its ~t~re e~ense~ a ~way en~ L~ent~f~- cat~on 1Lght syst~ ~ cont~l facilities for R~way 2~ at Ro~oke M~c~pal ~rt (Wo~ F~el~), u~n certa~ te~ ~ ~n~t~ons, havLng previously ~ before Co~c~l for Lts first reading, rea~ an~ la~ over, was again before ~e ~y~ ~. Trout of[er~g the fo11~g for ~ts secon~ rea~ng ~ f~nal a~opt~on: (%2~385) ~ O~I~ au~oriz~ng ~e City~ager to execute a new ~c~se agre~nt betwe~ ~e C~ty ~ ~e F~eral Aviation A~n~s~at~on (Con~act No. ~FA~5~-~G3Q) au~orLz~g sal~ A~m~n~s~at~on to ~nstal~, operate ~inta~, at ~ts ~t~re ~se, a ~way ~d id~tLf~cat~on l~ght syst~ ~ ~n~ol facilities for R~way 23 at Ro~ok~ M~c~pal A~ort (w~d- ~F~eld), upon certain te~ ~ conditions. (For full text of Ord~n~ce, see Or~n~ce ~k ~39, Page ~. T~ut ~ve~ ~e adoption of the Or~n~ce. The motLon was seconde~ by Dr. Taylor ~ a~opte~ by ~e fo11~ng vote: A~S: Messrs. GarliC, H~a~, Taylor~ Tho~s, Trout ~ ~yor Webber ................................6. ~YS: N~e ....................... 0. (~. L~sk a~sent) G~S-PO~ DEP~: Co~cil hav~ng ~recte~ ~e C~ty Atto~ey to prepare ~e pro~r measure au~or~z~g ~e ~lo~nt of one a~it~onal 1Leuten~t ~ one a~ltLonal polLce serge~t for ~e Po~Lce ~par~ent, effective ~rch 1, 19~4, he presented s~; whereu~n, Dr. Taylor ~e fo11~g Resolution: (%21401) A ~SOL~ION au~or~z~g ~e ~lo~ent of one (~) t~onal L~ut~t, (Code ~013} ~ one (1} additional Police Serge~t (Code 70~0) for ~e Police Depar~t, effective ~rch 1, lg~4. (For ful~ text of Resolut~on~ see Resolution G~k ~9, Page 168.) Dr. Taylor ~ve~ ~e adoptLon o~ ~e Resolution. ~e motion was seconde~ bye. Tho~s ~ a~opte~ by ~e fo11~ng vote: ~ebber ....................................... 6 · NA¥Sz None ........................0. (Mr. Llsk absent)' HOTIONS ~ND ~ISCELLA~IEO~S BUSINESSz ' ' ' ~I~ISXON~ ~. Garl~d~ C~l~. of ~e ~gional ~ ~tee~ r~ested ~t ~e C~ty Atto~ey provide Co~cil wi~ a s~t~ re~rt insofar as ~e p~sed Ord~ce conce~g cable television ~s conceded. The ~sls~t C~ty Atto~ey advised ~at he has ~en ~nfo~d that ~e c~le telev~s~ Ord~ce ~s ready~ h~ever, ~ere are certain questions concer ~e bid fo~ which need ~ ~ ~rked out prior ~o ~e adoption o[ the Ordin~ce. ~. Garl~d ~ved ~at act~ on ~e ~tter ~ deferred ~t~l ~e n~t re~lar meeting of ~c~1 ~ ~nday, ~rch 11, 1974, ~n order for ~e City Atto~ey to provide Co~c~l wi~ a status re.rt. ~e motion was second~ by ~. ~s ~d ~usly adopted. There berg no f~er bus.ess, ~yor Weber deulared ~e meeting adjo~ed. A~PROVED A~ S T:~ ~puty city Clerk ~ryor ,I COUNCIL, REGULAR NEETING, Monday, Hatch 11, 1974. The Council of the City of Roanoke me2 in regular meeting in the Council Chamber in the Municipal Building, Monday, March I1, 1974, at 2 p.m., the regular meeting hour, with Hayer Roy L. Webber presiding. PP~SENT= Councilmen Robert A. Garland, William S. Hubsrd, David K. Llsk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Hayer Roy L. Webber ...................................... ?. ABSENT= None .....................0. OFFICERS PRESENT= Mr. Byron E. Haner, City Manager~ Mr. Sam H. McGhee, III, Assistant City Manager~ Mr. James N. Kincanon, City Attorneyt Mr. H. Bell Jones, Jr., Assistant City A~tor~ey~ and Mr. A. N. Gibson, City Auditor. INVOCATION= The meeting was opened with a prayer by the Reverend C. Haynard Powe11, Pastor, First Christian Church. MINUTES= Copy of the minutes of the regular meeting held on Monday, March 4, 1974, having been furnished each member of Council, on motion of Mr. Trout, seconded by Mr. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEA/~ING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS= BUDGET-TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY= A commtt~ica- finn from Mr. BristOwHardin, Jr., Executive Director, Total Action Against Poverty in Roanoke Valley, informing the members of Council that TAP will not need the $181,000.00 that was appropriated for the eight months contingency funds for this fiscal year, advising that the federal government has assured them of funding for their programs through June 30, 1974, however, since Congress has not as yet acted on a bill for next year~s financing, they plan to come to Council to request local contingency funds for the fiscal year 1974-75, was before the body. Mr. Lisk moved that the co~tt~ication be referred to 1974-75 budget study. The ~otion was seconded by Mr. Thomas and tt~_a~imously adopted. FUEL= Copy of a Resolution adopted by the Board of Supervisors of Roanoke County establishing a voluntary plan for coordinating hours of operation of service stations in Roanoke County, was before Councll. Mr. Thomas moved that the Resolution be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. FUEL= Copy of Resolution No. 212 adopted by the Council of the City of Salem establishing a voluntary plan for i~plementation and use by operators of service stations situate in the City of Salem, was before Council. H~. Thomas moved that the Resolution be received ~nd filed. The motion was seconded by ~tr. Trout and unanimously adopted. FLrI~: Copy of Resolution No. 538 adopted by the Council of the Torn of vinton establishing a voluntaz~ plan for coordinat~on of hours of operation of service stations in the To~n of Vinton, was before Com~cll. Plr. Thomas moved that the Resolution be received and filed. The ~otlon was seconded by ~r. Trout and unanimously adopted. PERSONNEL BOARD: A comunication from Kr. J. C. C~utchfield, Sr., tendering his resignation as a member of the Personnel Board due to new Job assignment and promotion which rill relocate him outside o£ the state, was be- fore Council. ~r. TrOUt ~oved that the resignation be accepted with regret. The motion was seconded by Dr. Taylor and u~an~mously adopted. CO~L~NT$-pOLIC~ DEPART/~T: A co~nunication from H~s. Ida HcKinuey in connection with certain disturbances in the vicinity of 501 King George Avenue, S. W., advising ~hat at approximately 4 p.m., a crowd of young men gather with cars lining the street and alleyway, that this group remains there until late hours in the morning, that she has repeatedly called the police but they see~ to be unable to control the situation and requ~stlng ~he prompt and considerate attention of Council to this matter, vas before the body. ~r. Thomas ~oved that the matter be referred to the City Hanager for investigation. The motion vas seconded by Hr. Lisk and tmanimously adopted. COIIPLAINTS: A co~unication from Hrs. Jean Ikard, 1603 Shamrock Road, N. W., protesting against the so-called massage parlors in the Willia~son Road area and other places tl~oughout the Roanoke area, was before Council. Hr. Thomas moved that t_he ccxnnunication be received and The motion was seconded by /~r. Trout and unanimously adopted. STt~EET LIGHTS: Copy off a connnenlcatlon ~rom the Appalachian Po~er Company, transmitting a list off street lights installed and/or removed during the month of Februaz~, 1974, vas before Council. Dr. Taylor moved that t_he co~nunication and list be received and filed. The motion vas seconded by Hr. Trout and unanimousl~ adopted. REPORTS OF OFFICERS: BU~GET-~TER DEPARTMENT: The City Hanager submitted a ~itten report advising that Council appropriated $102,000.00 in the fiscal year 1973-74 budget to Water Depart~nont Account 450-753, New Services, Hydrants and Water Li~es, that the u~encumbered balance ~n this account as o~ December 31, 1~73, was $?,061.33, that the Water Department requested an appropriatlon of $245,000.0~ tn this aceoku~t for the fiscal year 1973-74, how- ever, doting budget consideration, it was decided to decrease this acco~u~t in order ~o balance ~he budget against anticipated revenues and requesting that council appropriate an additional $90~000o00 and Hydrants under Section %450, "Water,' of ~he 1973-74 Water Fund Appropria- tion Ordinance. Mr. Trout moved ~hat Cottncil concur in the request of the City Hanager and offered the following emergellcy Ordinance: (%21402) AN ORDINANCE to amend and reordain Section %450, 'Water,' of the 1973-74 Water Fend Appropriation Ordinance, and providing for au emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 169.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote= AYES: Messrs. Garland, Hubard, r.isk, Taylor, Thomas, Trout and Hayor Webber ................................. NAYS: None ........................0. BUDGET-DEPARTHENT OF PUBLIC WELFARE: The City Hanager submitted a written report advising that federal regulations mandate that localities adopt the Food Stamp Program as of July l, 1974, recommending that five Eliglbility Workers and one Eligibility Supervisor be approved to be hired on May 1, 1974, to start the Food Stam~ Program, further recomm~ding an additional appropriation of $6,740.00 for personal services and $3,725.00 for desks and chairs for these employees, eighty per cent of all salaries and equipment to be reimbursed by the State Department of Welfare and Institutions. Dr. Taylor moved that Council concur in the report of the City Manager and Offered the following emergency Ordinance appropriating $6,740.00 to Personal Services and $3,725.00 to Office Furniture and Equipment - New ender Section %37, 'Public Assistance,' of the 1973-74 budget: (%21403) AN ORDINANCE to a~e~ld and reordain Section %37, 'Public Assistance,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of ordinance, see Ord,/lance Book No. 39, Page 169.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk end adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS: None ....................... 0. Mr. Garland then ~ved that the City Attorney be instructed to prepare the proper measure stating the intent of the City of Roanoke to participate ~n the Food Stamp Program. The ~otion was seconded' by Dr. Taylor and unanimously adopted. AlP. PORTs The City Nanager subetltted a vrltten report recoe~ending that Co,cji appropriate ~e f~ds r~ired ~d au~orize execu~ton ~ne~al Con~ac~rs~ in c~ec~i~ w[~ ~ei~ con[rac~ for alterations ~d a~itions to ~e Te~nal B~lding at ~oke N~icipal (Wo~) Ai~rt~ ~ ~e ~t of $13~744.16~ fur~er rec~nd~g au~o~ization for fourteen a~dlttonal cal~dar days c~stnctla t~ ~o ~e con~act ~d ~at $5,925.00 ~ appropriated fo~ the ch~ges needed in ~ c~tcation ~d telephone ~. ~out ~ved tha~ Co~cil conc~ in ~e re~rt of ~e City ~ager ~6 offered the roll,lng ~=gen~ Ordin~ce app~oprtating $5,925.00 to Ai~rt Te~nal Building ~der Section ~550~ 'Ai~rb Capital Improve- m~ts P~gr~' oi ~e 1973-74 Ain, t P~d Appropriation Ordin~ce~ (~21404) ~ O~I~CE ~o ~d ~d reordaln Section ~Ai~b Capital ~=ov~ents Program' of the 1973-74 Ai~ort F~d Appropria- tion Ord~ce~ ~d p=oviding fog an ~rgen~. (Fog full ~[ of Ordin~ce~ see Ordin~ce ~ok ~o. 39~ Pape 170.) ~. T~u~ ~ved the adoption o~ ~e Ordin~ce. The morion vas seconded by ~. Llsk ~d adopted by ~e [ollo~ing vote: A~ ~ess~s. Ga~l~d~ H~ard~ Lisk~ Taylor~ Tho~s~ ~yo= ~eb~r ................................ ~YS = ~e ....................... 0. ~. Lisk th~ moved tha~ ~e City Attorney be inst~cted ~o prepare ~e p~oper ~eas~e eulogizer Chore Orde~ No. 2 ~o ~e contract ~ ~a~ts ~d Bge~ell~ Incor~ra~ed~ ~eral Contractors. The ~ion ~as seconded by ~. Trout ~ ~usly adopted. BU~ET-G~TS-P~ ~ P~YG~0~S = ~e City ~ager s~t/e~ a ~itt~ re~rt ear[sing that on ~rch 4, 1974~ Co~c[1 was notlf[e~ of a $203,000.00 gr~t for ~rov~ts to ~ee city parks, ~at to gr~t ~e city~. ~atch~g f~ds ~n the ~t of $77,000.00 ~ust be a~e~, ~at ~e c~[y~s share conta~ne~ ~n ~s f~scal year~s budget as ca~[tal ~rov~ must ~ c~[neG for use wi~ ~[s ~r~t~ ~at ~e f~ds are c~r~tly con~ine~ in fo~ capital E~G acco~ as fo11~s~ ~udon School ~roject - $5,005.00~ Seeder Wash~gton Park - $20,000.00~ E~e~y ~ark - $13,519.93~ ~ Wash~gton Park - $50,000.00~ a~v~s~g ~at ~is total exceeds the city's gr~t ~tch~g share of $77,000.00 by $11,524.93, rec~g ~at ~ci[, by budget O~ce, co~e the f~ds from ~u~on Sch~l P~ject, See~g Washington Park ~ K~edy Park an~ $38,475.07 fr~ ~e Wash~gton Park Capital F~ Project as ~e city~s ~tching f~ds, ~ a~i~ona[ly rec~g~at Cocci1 appropriate $20~,000.00 to ~e s~e project, se[d $203,000.00 to ~ re[~se~ by the federal gove~- Hr. Thomas ~oved that Council concur in the report of the City Hanager and offered the following emergency ordinance appropriating $203,000.00 to P~rks I~pact Project under Sec{ion [89, '~ransfers to Capital Improvements Fund,' of the 1973-74 budget: ([21405) AN ORDINAI~C~ to amend and reordain Section $89, 'Trans- fers to Capital I~provements Fund,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 170ol Hr. Thomas moved the adoption Of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garlandw H~bard, Llsk, Taylor, Thomas, Trout and Hayor Webber ............................... NAYS: None ....................... 0. Hr. Thomas then offered the following emergency Ordinance increasing the Parks Impact Fund by $77,000.00, decreasing the Loudon School Project by $5,005.00, decreasing the Seeding'Washington Park account by $20,000°00, decreasing the Kennedy Park account by $13,519.93, and decreasing the Washington pa~k account by $38,475.07: (t21406) A~ ORDINANCE to amend and reordain =Transfers Within Capital Improvements Fund,= of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Nco 39, Page 171.) Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and ~yor Webber ...................................?. NAYS: None .......................... Mr. Lisk then offered the following Resolution authorizing the acceptance, execution and filing of the mSpecial Conditions' and the mStandard Terms and Conditions# with the E~onomic Development Administration, United States Department of C~erce, United States of America, for a grant of federal funds under publlc Law 89-136, to aid in financing the development of Loudon Park, John F. Kennedy Park and Washington Park in the northwest section of the City of Roanoke: (%21407} A RESOLUTION authorizing the acceptance, execution, and filing of the ~Special Conditions' and the 'standard Terms and Conditions' with the Economic Development A~h~tnistration, United States Department of Co~erce, United States of A~erlca, for a grant of Fed~ral funds under Publlc Law 89-136, to aid in financing the developmant of ~oudon Park; John F. Kennedy Park and Washington Park in the northwest section of Roanoke, Virginia. (For full text of Resolution, see Resolution Book No. 39, Page N~o I~l. sk moved ~che &d.pt'.on o£ ~.he Resolution° seconde~ b~ ~. Garl~ ~ adop~e~ b~ ~e roll.lng A~ Hess~s. Ga~l~d~ a~ard~ Llsk~ Taylor, ~s, ~ou~ ~d ~yor Weber ..................................... 7. ~YS t N~e ............................ 0 · ~PE~TI~ ~ ~R P~ING CO~CIL: ~e City ~ager s~tte~ a ~ltten re~rt a~vis~g ~at on ~c~r 28~ 1973~ the President of ~e ~lte~ States ~acte~ ~e C~reh~sive ~lo~nt o~ 1973 ~pl~t~g s~cial revenue s~r~g for ~er se~lces which provides ~e me~s for l~al i~l~ntation of ~e provisions of the act by fo~ng a pr~ s~nsor to be res~nsibile ~d acco~t~ie for the seduces provided across ~e lair ~rkat area, ~at ~e City of ~oke ~ its designate~ executive officer would be delegated ~e res~nsibllity of per- fo~ng ~is f~ction by the l~ai g.re--nfs partic~pating In ~e ~oll~ ~ard provi~g direc~on to ~e pl~g ~ o~rating pr~ess, ~at as It is ess~tial to ~tain ~wer se~lc~s cote~nous with the lair ~rket area ~ as the City o~ Ro~oke fo~ ~e nucleus of ~at area, he is reco~lng ~at Co~cil agre~ to ~e conditions as state~ In an attache~ doc~ent wi~ the ~t~t of entering into said agre~nt for ~ on behalf of ~ose citlz~s re~ir~g ~e se~ices that ~e est~iis~eht of a s~nsor could bring to ~e area, ~e agre~ent of Co~cil to participate tn ~e stipulate~ arrogant would ~ ~-p~d~g legal clarification of Atto~ey G~eral of ~e C~nweal~ o~ Virginia ~d 'action by ~e ~its of general p~ose local gove~t ~ ~e area of the Fi~ Pl~g District. ~. Tho~s move~ ~at ~cil conc~ ~ ~e re~rt of the City ~nager ~ ~t ~e ~tter be referre~ to ~e City Atto~ey for preparation o~ the proper meas~e. The ~tion was seconded by ~. Trout ~ ~usly SCH~-~FIC: Cocci1 having refer=~d to ~e City ~ager ~ City Atto~ey for study, re~rt ~d rec~en~ation ~e re~est of Vlrg~la Western C~ity C. liege ~at ~e $~.0~ on-c~us parking fine be reduced to $2.5~, ~e City ~ager ~ ~e City Atto~ey s~tte~ a jolt re~rt a~vising ~at Ordin~ce No. i9390 provi~es for fin~s of not less ~ $2.50 nor more ~ $20.00 on convict.ns in co~t of violation of its p~vlsions but ~kes provision for waiver o~ trial ~ appear~ce in court upon pa~t of $1.00 wi~in 72 hours of ~e t~e of infraction ~hen a notice of violation is left by ~e officer on ~e offen~g vehicle, ~at.ln order to ~l~t ~e provisions of Ord~ce No. 19390, co~t or police authorities t~ over or deliver to co118~e au~orities ~e s~ t~e of 'parking ticket' as is'used by m~ers of ~e Police Depar~t enforcing park~g re~lations on ~e p~lic s~eets, h~ever, no s~cial schedule of ~e fines ~ privileges of pre-pa~t ~ereof, relating to c~us park~g offenses~ was or is set out on those tickets and it ~ould appear that campus police have in numerous instances used those tickets without change of the notice provisions printed . on the tickets, that as a result, s~ne perking infractions occtucring on the campus ~ay have bean settled in advance at the ~$o00 figure as for certain other offenses occurring on the public streets, rather-than at the ~1.00 figure as provided in Section 82.1, that the-situation having bean called to the attention of college student government represantatives and the college~ adactnistration, arrangements have been ~ade-whereby tickets for parking offenses occtucring on the campus will be so labeled, so that the officer, the offender ~nd the coquets may identify the location of the offense ~nd, thus, the applicable regulation and resultant panalty and it is believed that such procedure will resolve the problem to the satisfaction of future offenders. Mr. Llsk moved that Council concur in the report of the City Manager and the City Attorney. The motion was seconded by Dr. Taylor and unanimously adopted. pAILKS AND PLAYGROUNDS: The City Manager submitted a written report recommending that the contract with the Roanoke Jaycees, Incorporated, to operate the miniature train at the Children's Zoo atop Mill Mountain be renewed for a period not to exceed five years. Mr. Trout moved that Council concur in the recon~nendatlon of the City Manager and that the following Ordinance be placed upon its first reading (~21408) ~N ORDINANCE providing for the operation of the miniature trait at the Children's Zoo, on Mill Mountain, by the Roanoke Jaycees, Inc., for a period not exceeding five years, upon certain terms and conditionsl and postponing transfer to the City of title to said train and equipment. WHEP. F3~, the Roanoke Jaycees, Inc., operator of the miniature train at the City's Children's Zoo under agreement with the City expiring November 14, 1973, has proposed entering into a new agreement for such operation, and has requested that the city aqree to postpone said Club's obligation under the expiring agreement to transfer to the City title to the train and its equipment, in order that title re~ain unchanged during any extended term of such operation~ and WHEREAS, the City Manager has recon~ended that the pzoposal ~e. accepted upon the terms hereinafter provided, in which proposal the Councll concurs. THEI~EFORE, BE IT ORDAINED by the Cotmcll of the City Of Roanoke that the City Manager be and he is hereby authorized and e~powered for and on behalf of the City, to enter into written agreement with Roanoke Jaycees, Inc., upan form prepared and approved by the City Attorney, providing for the operation by Roanoke Jaycees, Inc., o~ the miniature train at the Childran~s Zoo on Mountain for an additional perio(l not to exceed five (5) years, said agreement to incorporate the provisions of the City's most recent written agreement, now expired, wlLh said club, contained in oFdi.n&nce Ho. 15462, to provide that sa~d cl~ pay to ~e C~ty fo= ~e ~lghts ~d p=lvlleges ~eze~n gz~ted one half (1/2) oi ~e lnc~ de=ired by said c1~ f~ 1~8 o~ratl~ of said t~ain afte~ deduction o~ all reason~le ~d necess~ e~ses~ lnclud~g depzecia~lon at lot pe= ~n~ on said ~a~ ~d e~l~nt~ approved by ~e City ~ager~ ~d to provide ~at title to ~e train~ track, t~el ~d all accessories used In co~ection ~erewi~ be assl~ed ~d tz~sfezzed to ~e City by said clX, f~ee o~ enc~r~ces, u~n ~e te~nation of the afo~esaid ~rl~. ~ IT ~R~R O~D ~at ~e City of ~oke hereby ag=ees that ~e p~ovisions contained in ~e a~re~t entered into between the parties a~ set out ~ Ord~ce ~o. 13416 ~d O~din~ce No. 15462, p~ovldin~ for tr~sfer to the City by said cl~ of ~e title to the aforesaid ~niature train ~d its e~i~t be ~d is ~st~ned for ~e perl~ of t~ durin9 ~hlch Ro~oke ~aycee~, Inc., Is ~e o~rator ~ereof as next he~ein~ve provided. The ~tion ~as seconded by ~. Tho~s ~d adopted by the vote: AYES: Hessrs. ~arl~d, H~ard, Lisk, Taylor, Th~s, Trout and ~yor Webbe~ ................................ ~YS: None .......................0. AI~ORT-STA~ HI6~AYS: The City ~a~er s~tt~d a written ~e~rt ~e~estln~ ~at Co.oil adopt a Resolution ~e~estin~ the State High- ~ay C~ssion to'approve ~e City's concept fo~ ~e relocation of State Route ilS, advlsin~ ~e C~sion ~at ~e total co~t o[ ~ls relocation ~ill be ~e by ~e City o[ Ro~oke and ~e Federal Aviation A~nistration and ~at ~e Hi~h~ay ~pa=~nt will be re~ested to approve ~e final plus and s~cifications for ~e rel~ation. ~. Trout ~ved ~at the re~rt be referred to ~e City Atto~ey for preparation of ~e pro,er meas~e. The ~t~on was seconded by ~. L~sk ~usly adopted. ~IO-~ISION~ The City Atto~ey s~tted a writt~ report as to ~e status, ~ ~e 0ff~ce of ~e C~ty Atto~ey, of the gr~t of a p~posed fr~chlse which would provide cable ~t~a televlslon facilltles for the City of Ro~oke, ~e ~ of V~nton ~d a 'cordon area' of ~oke Co~ty, advis~g ~that because of s~ct constitutional and statuto~ pro- visions s~ro~d~g ~e award of ~y fr~chise for a te~ greater th~ five ye~s ~d because of ~e desire of ~e par~es ~d of their co. tree ~at all ac~ons o~ ~e ~ee governing bodies ~d all ~ngs done by ~e ~ree parties towards ~e award of s~lar fr~chises by ~ose b~ies to a single bidder be done or t~ 'con~rrently ~d ~n ~e s~e ~er, so far as legally ~ss~ble, considerable t~e has be~ involved ~n adapt~g ~e city's pro~sed Ordin~ce, advert~s~nt~ bid fo~ ~d lns~ctlons to interested bidders in order to confo~a to legal required-ts and to the city's procedure for award of franchises, that the meeting of the State Legislature and the requirement of generating and following legislation in .which the city has largo interests has also somewhat delayed co~pletion of the assignment given ht~n, pointing out that he has no~ completed revision, insofar as his office ia presently Involved, of all the papers and has forwarded them to the consultants, the consuittee chairman and to attorneys, for the other two governing bodies and that he is placing copiea on file with the City Clerk. Hr. Garland moved that the report be received and filed. The motlon was seconded by Hr. ThOmas and unanimously adopted.. STREETS AHD ALLEYS.- Council having previously set a public hearing for Nonday, ~arch 25, 1974, on the question of vacating, discontinuing and closing certain portions of Hemphie Street, S. E., a paper street, the Assistant City Attorney submitted a written report advising that the public hearing as set for March 25, 1974, ls premature, that several details of the proposed street closing must be workad out before a public hearing would be in order, that it ls his understanding that the actual proposal in the case is to change the course of Me_m~hls Street, $. E., rather than to actually close it, thus, it will be necessary for the landowner adjacent to either side Of present Memphis Street to dedicate certain small parcels to the City of Roanoke for the new street, that the information channeled to his office indicates that the requisite dedication has not occurred nor has an accurate description Of the portion Of the street to be closed been provided to his office, consequently, the legal procedures necessary to accomplish a street closing cannot be instituted. Dr. Taylor moved that Council concur in the report of thc Assistant City Attorney and that the public hearing be rescheduled for Monday, April 29, 1974. The motion was seconded by Mr. Trout and tuianimously adopted. STRF~TS AND ALLEYS: Councll having referred to the City Planning Commission for study, report and recommendation the request of Mr. Charlie E. Bane, et ux., that an unused alley approximately 12 feet in width located wl.thin Block 9, Map No. 2, East Gate Addition, rur~i~g in a westerly direction 23S feet, more or less, from the west side of Yeager Avenue, N. E., be vacated, discontinued and closed, the City Planning Commission submitted a written report reco~me~ding that the request be approved with the reservation of all city and public utility easements. Hr. Trout moved that Council hold a public hearing on the request at ?:30 p.m., Monday, April 29, 1974, In the Council Chamber. The motion was seconded by Hr. Ltsk and unanlmously adopted. ZONING: The City Planning Com~issiou st%b~ltted a written report in connection wlth the request of Hr. Claude D. Carter, Attorney, representing ~57 H~z. Catherine H. Key, et el., that a 4.29 acre tract of land located at 3527 Helrose Avenue~ H. H., descried as Official T~ No. 2660104, be ~d Inst~tu~al DlstE~ct, to C-2, G~eral CmrcAal D~s~lct~ rec~nd~g 3527 Helrose Av~ue, Official T~ No. 2660104, p;esently zoned C-i~ ~d a ~t~ of ~e ~1 S~ ~l~g ~es property ~diately to ~e east ~d pres~tly zoned C-If so as to provide for a In ~ls c~ection~ ~. Ca~ter appe~ed before C~c~l and =~uested ~a2 ~e p~lic hearing be scheduled for ~nday, April 1, 1974, at 2 p.m,, due to certain l~ted t~ factors. ~yor ~r e~lained to ~. Carter ~at ~2 has been the policy o~ ~cil to hold p~lic hearings at its one night meetin9 each ~n~ ~ order ~at ~e p~lic my ap~ar before Co~cil ~d not be lnconvenl~ced. ~er a discussion o~ ~e request, ~. H~ard ~ved that Co~cil hold a p~lic hearing at 7=30 p.m,, Honday, April 29, 1974, in the Co~cil Char on ~e re~es~ for rez~inq. The ~lon ~as seconded b~ ~. Garland ~d ~usly adopked. ~ Co~cil having referred 2o ~e City ~l~ing J~fus R. Ffs~e, Jr., ~ecutfve Director~ Virginia Historic L~ks Co~issfon, advis~g t~t the ~rks C~ssion fs interested fn having Bu~a Vista, a house which fsa not~le e~le of Greek Revial architecture as well as being ~ ~s~g ~t~ll~ pl~tfon house wf~fn the c~ty l~ts, placed on the V[rg~fa L~rks Register Natfonal Regfster of Historic Places, ~e City Pl~g C~ssfon s~tted a wrftt~ re~rt rec~end~g ~e ~dors~-t by 'Buena Vis~' to ~e Virginia L~rks RegiSter. ~. T~ut ~d that the ~tter be referred to ~e City Atto~ey for prep~atfon of ~e proper meas~e. ~e ~tion was seconded by ~. Th~s ~d ~usly adopted. ~OBTS OF CO~I~S: WA~R D~: The Water ~so~ces Co--tree s~tted a. ~ftt~ re~rt rec~d~g ~t Co,cf1 adopt a Resolution reguestfng ~at ~e Fif~ Plying Dfs~fct area b~ ~esi~ated as a '208' ~eawide Waste ~age- ment PlYing ~ea, ~at ~e F[f~ P~g D~s~ct Co~ssfo~ be desi~ated as ~e areawfde pl~g ag~ ~d ~at ~e city's ~t~t to join in ~is progr~ would ~ s~ject to ~e desi~ation of ~e area By the ~viro~tal. Protectf~ Ag~, ~e award of ~vfro~tal Protectfon Agency gr~t f~ds for ~e pl~g process ~ agre~t by ~e cfty as to ~e actual c~sftfon, ~ers and work scope of ~e plying ag~ wi~ respect to this progr~. Mr. ~s moved that Council concur ~n the report of the Water Resources Committee and offered the following Resolution~- . (%21409) A I~ESOLUTION requesting designation of the area of the Fifth Plann~ng'Distr~ct as a '208' .Area, for areawide waste treatment planning, supporting designation of the Fifth Plann~g District Commission as the pla~n~uag agency for said Areal and ~nd~catf~g a present Intent to Join the other governmental purpose units of local government in the Roanoke Valley Area to develop a plan or plans which, if ~mplem~nted, would result In a cocrdLnated waste treatment management system for the Area. (For full text of Resolution, see Resolution Book NO. 39, Page Mr. Thomas moved the adoption Of the Resolution. The motion was seconded by Mr. Llsk and adopted by the following votes AYES~ Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ 7. NAYS = None ....................... 0. CITY ENGINEER~ Council havlng referred to a committee for tabula- tion, report and recon~nendation the bids which were received for the prefabri- cated steel structural system, wall system, roof system and accessories for the Public Works Service Canter, the committee submitted a writte~ report reconnnendLng that the proposal Of Frye Buildlng Company, in the amount of $36?,000.00, be accepted. Mr. Hubard moved that Council concur in the recommendation of the conm~Lttee and offered the following emergency Ordinance: (~21410) AN ORDINANCE accepting the proposal of Frye Bulldlng Company for furnishing end constructing for the city a prefabricated steel structural system, wall system, roof system and related accessories, for the city's Public Works Service Canter, upon certain terms and conditions and awarding a contract therefor; authorizing the proper city officials to execute the requisite contract for such construction, rejecting all other proposals made to the city for the work; and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 39, Page 174.) Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by tho following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Ma}~)r Webber .................................. NAYS: None .........................0. LXBRARIES: MrS. Elisabeth M. Drewry, Chairman of the Roanoke city Public Library Board, appeared before Council and presented a report of the Board recon~ending the purchase of property' located south of Forest Park Elemantary School and north of Salem-Lynchburg T%~rnplke, N. W., owned by Mrs. Natalie R. Foster and Mrs. Mary R. Waynick, in the amount of $18,750.00, for the constr~ction of the new northwest branch library. {60 Mr. Thomas moved that the matter bo ~eferred to the City Planning Director a~d hie staff for study~ report and recommen~ation to Council as soon as possible. The motion was seconded by Mr. Trout and unanimously adopted. UNFINISHED BUSINESSt. HONE. CONSIDERATION OF CLA/M~ NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONSz STATE HIGHWAYS: Council havlng dlrected the C~ty Attorney to prepare the proper measure recommending and urging the initiation by the Department of Highways of a project to ~rove ¥inton Mill Road from Orange Avenue in the City of ~oanoke to Pollard Street in the Tow~ of Vlnton~ ' setting out the need thereforl and committing the city to pay its proportionate part of the cost of such project, he presented samel whereupon, Mr. Trout offered the follow/ng Resolution: (%21411) A RESOLUTION recommending and urging the initiation by the Department of Highways of a project to improve Vinton Mill Road from Orange Avenue in the City of Roanoke to Pollard Street in the Town Of Vinton, setting out the need therefor~ and comm~tting the city to pay its proportionate part of the cost of such project. {For full text of Resolution, see Resolution Book No. 39, Page 176.) Mr. Trout moved the adoption of the Resolution. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. NAYS = None ........................ 0. BUDGET-SCHOOLS: Council having directed the City Attorney to prepare the proper measure appropriating $10,000.00 to Melrose School I~provements under Section ~89, 'Transfers to Cal~ital Improvements Fund," of the 1973-74 budget, in connection with the request of the Council of Community Organizations to acquire the Melrose Elementary School property to be used as a Community Cultural center, Dr. Taylor offered the following emergency Ordinance: (~21412) -AN ORDINANCE to amend and reordain Section "Transfers to Capital Improvements Fund," of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 177.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the followlng vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. 7. NAYS: None ........................ 0. rur.~UPATIOES; Council having directed the City Attorney to prepare the proper measure concurring ~n the rec~udation that the City of ~oanoke extend observance of the ~nerlcan Bicentennial through June~ 1982~ he presented same! whereupont Hr. Trout offered ~he follo~ing Resolution; ([21413) A RESOLUTIOM concu~lng in the recon~endation that the City of Roanoke extend observance of the American Bicentennial through June, 1982, (For full text of Resolution, see Resolution Book No. 39, Page Hr. Trout moved the adoption of the Resolution° The motion was seconded by Hr. List and adopted by the follo~J-ng vote; AYES; Messreo Garland, Hubard, Liek~ Taylor~ Thomas, Trout end Hayer Webber ...................................... ?o NAYS; None .............................0. In this connection, a CO~nunlcation from Hr. Frank L. Rizzo, Mayor, City of Philadelphia, Pennsylvania, in. viting the City of Roanoke to participate tn the 'Grove of Cities' which is planned in coordination with the observance of the nation's Bicentennial, was before the body. Hr. Trout moved that the con~nunicatlon be received and filed. The motion was seconded by Hr. List and unen~nously edoptd. MOTIONS A~D MISf~?.?.~TEOUS BUSINESS: HO~SING-SLUM CLEARANCE: Mayor Webber called to the attention of Councll that the three year terms of Mrs. Mabel N. Ma~n~on, Hr. Clark M. Thomas end Hr. Lewis G. Leftwtch as members of the Fair Housing Board will expire on March 31, 1974, and called for nominations to fi1! the vacancies. Hr. Trout placed Ln nomination the n~nes of Hrs. Mabel N. Marm~on, Hr. Clark M. Thomas and Hr. Lewis G. Leftwich. There being no further no~l~nations, Mrs. Mabel N. Marm~on, Hr. Clark M. Thomas and Hr. Lewis G. Leftwlch were reelected as members of the .Fair Housing Board for ter~s of three years each ending March 31, 1977, by the followlng vote; FOR M~S. MARMION, MR. THOMAS AND MR. LEFTWICH; Messrs. Garland, Eubard, Lisk, Taylor~ Thomas, Trout and Mayor Webber ........... .- ........ There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST; Deputy City Clerk Mayor - 61 CO{~CIL, ~t~GULAR MEETINg, Monday, March 18, 1974. The C~uncll of the City of Roanoke met ~u regular meeting In the Council chamber In the Municipal Building, Monday, March 18, 1974, at 2 p.m., the regular meetIng hour, with Mayor Roy L. Webber presidL~g. PI~ESENT: Councilmen Robert A. Garland, William S. Hubard, David K. Lisk, Noel C. Taylor, Hampton W. Thomas, Ja~es O. Trout and Mayor Roy Webber ....................................... ? · ABSENT: None ....................... 0. OFFICERS PRESENT: Mr. Byron B. Barter, City Manager~ Mr. Sam H. McGhee, III, Assistant City Manager~ Mr. Ja~es N. Kincanon, City Attorney~ Mr. H. Ben Jones, Jr., Assistal%t City Attorney~ and }tr. A. N. Gibson, City Auditor. INVOCATION: The meeting was opened with a prayer by Dr. Noel C. Taylor. MINUTES= Copy of the minutes of the regular meeting held on Monday, March 11, 1974, having been furnished each member Of Council, on motion of Mr. Trout, seconded by Mr. Llsk and unanimously adopted, the reading thereof was dispensed with end the minutes approved as recorded. ~F2%~ING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND pLAYGROUNDS: Pursuant to notice of advertisement for beds for grading to cover the box culvert and raise existing manholes-in Washington Park, said proposals to be received by the City Clerk Ontil 2 p.m., Monday, March 11, 1974, a~d to be opened at that hour before Council, Mayor Webber asked if anyone had any questions about the advertls~ment for bids~ and no representative present raising any question, the Mayor Instructed the Deputy City Clerk to proceed wlth the opening of the bids~ whereupon, the Deputy City Clerk opened and read the following bid~: _ Charlie Overstreet, Incorporated - $ 62,860.00 W. S. P. T. Company, Incorporated - 74,000.00 Russell Short, Incorporated - Mitchell & Metz Construction, Incorporated B. L. Finch~ Incorporated - 77,845.00 Branch & Associates, Incorporated - 96,900.00 Burado Construction Company - 99,000.00 Mr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and reconn~endation to Cot~cil. The motion was seconded by Mr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Sam H. McGhee, IIlw chairman, and Richard B. Turpin as members of the committee. PETITIONS AND COMMUNICATIONS: ZONING: Council at its last regular meetIng on Monday, March 11, 1974, having set a public hearing for 7:30 p.m., Monday, April 29, 1974, on the request of Mrs. Catherine H. Key, et al., that the front portion of property located at 3527 Helrose Avenue, N. ff. t described as Official Tax No. 2660104 and a portion of the AIl Star Bovling Lanes property i~diately to the east be rezoned fro~ C-1, Office and Institutional District, to C-2, General Co~nercial Dletrtct~ so as to provide for a uniform co~nercial strip, Hr. Claude D. Carter, Attorney, representing the petitioner appeared before Council and presented & co,unica,ion respectfully requesting that the public hearing on~ the zoning request be reconsidered in o~der to slime the sa~e to be heard at the regular session of Council on Honday, April 1, 1974, at 2 p.m., advising that the utilization of the property for a new-car dealership is contingent on the final approval of the rezoning request and, with the daily increases in the cost of construction, it certainly involves a considerable hardship to have the public hearing set seven weeks away from the tine the report is returned from the City Planning Comndssion to City Counc£1, and, inasmuch as there is apparently no opposition to the request for rezoning, he does not feel that it would be detr~unental to the publl= interest to have the public hearing at the regular meeting of Council on April 1 rather than the night meeting on April 29 and, accordingly, would appreciate the reconsideration by Council of this request. Mr. Trout moved for a reconsideration of the question. The motion was seconded by Mr. Lisk and unanimously adopted. Mr. Lisk moved that Council hold a public hearing on the r~quest for rezoning at 2 p.m., Monday, April 1, 1974, in the Council Cham/~r instead of ?:30 p.m., Monday, April 29, 1974. The motion was seconded by Mr. Garland and unanimously adopted. In this connection, Mr. Bubard presented a proposed Resolution establishing a procedure for scheduling and conducting public hearings before Co~ncil, advising that the City Clerk would he directed to place all matters coming before Council, which require a public hearing, on the agenda of the regular m~oting of Council scheduled for the last Monday of each month, however, Council, in its sole discretion~ could change to an earlier date the tLme for scheduling public hearings in zoning matters when there has Been no opposition or objection to the rezoning made at the public hearing ~fore the City Plan~ing Co~sslon and the City Platting Comm~ssion has unanimously recommended that the rezoning he granted. Mr. Hubard th~n offered the following Resolution: (%21414) A RESOLUTION establishing a procedure for scheduling - a~d conducting public hearings before the Council of the City of Roanoke, and providing for Coun¢l]m~-~c discretion in the scheduling thereof upon certain conditions. {For full text of Resolution, see Resolution Book No. 39, Page 179.} Mr. Hubard moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote= 4 &YESs .' MsserSo Oarla...-'td, Hubard~, Llsk,, T~,.ylor~, ~s~ ~ou~ ~yo= Ne~ ................................... ~YS t H~e .......................... O, BU~ET-S~z A c~lca~l~ f~ ~e ~oke City Sch~l ~ard z~eat~g ~at $24~379.00 ~ appropriated to Title I~ P. L, 89-10~ atvlsing ~at additional federal f=ds are'avail~le ~d viii be used to ~ver deficit ~ses In ~e ~6000 n~ 94000 Series ~d to pay selaries of ~l~le I ~rso=el la the 22000 Series of ~e 1973-74 budget of the ~oke City Sch~l ~=t~ all ~ndit=es to be =e~sed 100 ~= c~t by ~itle P. L. 89o10 f~ds~ was ~fore Coacil. ~. ~ut ~ved ~at Co==tl conc= tn ~e ze~es~ of ~e Ro~oke City Sch~l ~ard ~d offered ~e follo~hg ~rgen~ O~ln~ce= {J21415) ~ O~I~ to ~nd and ~eordain USch~ls - Title P. L. 89-10~= of ~he 1973-74 Appropriation Ordln~ce~ and p~vtdln~ (For full text o~ Ordln~ce, see Or~ce ~ook NO. 39, Page 180.) ~. Trout ~ve~ the adoption of ~e Ord~n~ce. The ~t~on was seconded by ~. L~sk ~ a~opte~ by ~e following vote: A~= Hessrs. Garl~d, H~ard~ ~tsk, Taylor, Tho~s, Trout ~yor Weber ...................................7. ~YS ~ N~e ..........................0. B~ET-S~: A co~icat~on from ~e ~oke C~ty School Boar~ r~est~g ~at Co~c~l appropriate $12,4~7.75 to Work Incentive Progr~ - VArgin~a ~plo~ent C~ss~on ~der Section %26000 of the 1973-74 budget of the Ro~oke C~ty Sch~l Board, one h~dred per c~t of e~endlt~es to be re~sed by ~e Ro~oke ~N Pro~, was before Dr. Taylor ~ve~ ~at Co~c&l-conc~ in ~e re,est of ~e Ao~oke C~ty School Board ~ offere~ ~e foll~g ~er9ency (%21416) ~ 0~ to ~ ~ reor~ Section %26000, 'Sch~ls - Work Inc~tive Progr~ - V1r~ia ~plo~ent Co~ss~on," ~973-74 Ap~roprlat~on O~ee, ~ provAdlng for ~ ~rgen~. (For full text of Or~n~ce, see Ord~ce ~ok No. 39, Page 180.) Dr. Taylor move~ the a~option of-~e Or~n~ce. ' The motion was seconde~ by ~. Garl~d ~ adopte~ by the fo11~g vote= A~S: Messrs. GarliC, H~ard, Lisk, Taylor, Th~s, Trout ~yor Webber .................................. ~YS = None .........................0. B~-S~LS= A uo~catlon f~m ~e ~oke C&ty School ~ar~ re~est~g ~t $4,505.00 be appropr~ate~ to Ltbra~ B~ks ~ Au~io- V~sual ~tertals ~er Section %25000 of ~e 1973-74 budget of the C~ty Sch~l Board, suppl~n~l f~ds berg avatl~le ~der T~tle II, P. 89-10 and will be used for the purchase of libra~, books and mterials, one hundred per cunt of expenditures to be reimbursed bM Title II, P. L. 89-10 funds, was before Council. H~. T~out moved that CouncA1 concur An the request of the ~ounoke CltM School Board and offered the following emergenc~ Ordinance: (~21417) AN ORDIH~NCE to amend and reordain Section S25000, 'Schools - L~bra~f Books and Audio-Visual Haterials,' of the 1973-74 Appropriation Ordinance, and providing for an em~rguncM. (For full text of Ordinance, see Ordinance Book No. 39, Page 181.) ~tr. Trout moved the adoption of the Ordinance. The motion was seconded by ~r. Lisk and adopted bM the following vote: AYES: Messrs. Garland, Nubard, Lick, TaMlor, Thomas, Trout and Mayor Webber ................................... 7. NAYS: None ..........................0. BUDGET-SCHOOLS: A cc~uuunication from the Roanoke City School Board requesting that $10,003.87 be appropriated to Improvements and Better- ments under Section S12,531/64 of the 1973-74 budget of the Roanoke City School Board, representing federal matching funds for the purchase of equip- ment totaling $16,112.76, the local, share of $6,108.00 being included tn the 1973-74 budget, one hundreW ~-r cent of the requested amount to be reimbursed by the federal government, was before the bo~y. Dr. Taylor moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance: (S21418) AN ORDINANCE to amend and reordain Section ~12,531/64, 'Schools - Improvements and Betterments,' of the 1973-74 Appropriation Ordi- nance, and providing for an emergency. (For full text of Ordinance, see OrdLnance Book Nc. 39, Page 182.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the followAng vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... ?. NAYS: None ..........................0. BUSES-SCHOOLS: A co~nunlcation from Delegate May L. Garland relative to Resolution NO. 21276, advising of his efforts to get legislative authorization for yellow school buses to be used for non-school purposes, and further advising that the wlsh of Council as expressed In said Resolution was defeated in the Senate Committee on F~ucation and Health, was before the body. Dr. Taylor moved that the con~nunication be received and filed. The motion was seconded by Mr. Trout and ~/~animously adopted. ;'65 BUDGEI~HEA~YH DEPARI~tEH~S A c~lca~lon fr~ ~1 ~eal~ Se~lces of the ~oke Valley re~eat~9 ~a~ ~e City of ~oke appropriate S127~312.00 ~o ~e ~1 Heal~ Se~lce8 ~rd for ~e fiscal year 1974-75 vas ~fore COCCI1. ~. ~ut ~ved ~t ~e co~lcatl~ ~ referzed to 1974-75 budget atty. ~e ~tion ~aa seceded by ~. H~d ~d ~usly adopted. B~E~S~s A c~lcatl~ rrm Dr. Harold H. Hop~r~ Pzesid~t~ VirgUle ~este~ C~lty ~llege~ advising ~at since the legislative session has ended ~l~out capl~l outlay f~ds being vo~ed for Virginia ~estem C~ity College~ ~ere ~111 ~ no nee~ for site plain9 ~d preparation ~ney as recently requested~ ~erefo~e~ ~e virginia ~este~ C~ity College ~ard Is reducing ~e ~oke City 1974-75 b~get ~eques~ to ~15~755.48~ vas before Co~cll. ~. T~u~ ~ved ~a~ ~e c~lcatton be received ~d flied ~d refe~ed to 1974-75 budget study. The ~ion ~as seconded by ~. and ~usly adopted. ~o~e~ Presid~ Help~ lnco~rated~ appea~ed before Co,oil and presented a c~ication advis~g that vhen ~e 1973-74 fiscal yea~ budget vas pre~r~ las~ year~ ~e general sala~ increase of seven ~d one-half cent fo~ ~e t~ ~loyees In ~a~ Office was nailer anticipated nor p~vided fo~ ~erefore~ ~ order to provide for ~e g~e~al sala~ increase for these t~ ~loyees~ it is ~e~ested ~a~ ~ additional ~1~324.18 be appropriated to ~e ~coholic Reh~ilitation In a dis~ssion o~ the r~es~ Hessrs. Lisk~ Ta~lor ~d e~res~ed conce~ over grating a f~er approp~latlon to ~is org~izatlon during ~e ~ddle o~ a fiscal year~ advising ~a~ ~e f~ds initially app=op~iated ~ere ~ ou~igh~ 9~ to help ~ keeping the prog~ 9olng~ ~at Co~cil does nok se~ ~e salaries fo~ ~e perso~el ~der ~is that it ~uld be ~fair to o~er s~lar org~izations who ~ould feel ~a~ the s~e conside=a~ion should also be applied to ~ ~d ~a~ ~is is a ~hich should be discussed a~ budget study t~e ~a~e~ ~ d~in9 a ~i~cal ~. ~ard questioned ~e City ~a~er as ~o his. feel~g ~f whe~er ~e ~loyees ~der ~is progr~ should be paid ~e s~e as ci%y ~loyees, whereu~n, ~e city ~ager replied ~at ~ese people are not hired by ~e city, ~at ~ey are not fired ~ ~e city, ~at ~e city has no consol w~tsoever over ~ ~d ~at he does not feel ~at ~ey fall wi~in ~e s~ catego~ as re~lar' city ~loyees. ~ter a discussion of ~e ~tter, ~. Lisk ~ved that ~e re~est be rejected. The ~tioa was seceded by ~. Trout ~d adopted, ~. H~ar4 ~ting no. ~G~ OF O~ER ~S, INCO~0~: A co~ication fr~ ~. Da~ell Shell, President, ~a~e of 01der ~eric~s, Info.orated, requesting that Council appoint an elected official :to serve on the Board of Directors of the League of Older Americans~ Incorporated, for a term ending Hatch, 1977, vas before the body. : . ~. Hubard ~ved that the N~yor be 'authorized to make an appointment to said Board of Directors. The motion vas seconded by Dr. Taylor and unanimously adopted. Hayor Webber then appointed H~. William S. Hubard to represent the City of Roanoke on tho Board of Directors of the League of Older Americans, Incorporated. ' - JUVENILE DETENTION HOHE: Copy Of Resolution Ho. 213 adopted by the Council of the City of Salem on Hatch Il, 1974, concurring vith and supporting the City of Roanoke in the cityts efforts to develop a program of outreach detention and a program of regional t~ansportation as additional services to be provided by the Roanoke Juvenile Detention Home and Indicating its desire and willingness to make use Of the go,vices of said additional programs upon them being made available under provisions of an agreement to be entered into for payment to the City of Roanoke of a per diem cost of the operation of said programs as so used by the City of Salem, was before Council. ~r. Th~nas moved that the Resolution be received ad filed. The motion vas seconded by Dr. Taylor and unanimously adopted. COMPENSATION BOARD= A colmmmication from the Compensation Board advlatng that the Board will meet on the 1st day of April, 1974, begianing at 8:30 a.m., on that day in the Ccm~th~ity Roem Of the Sale-~-Roanoke Valley Civic Center, for the purpose of receiving any information which the Attorney for the Commonwealth, Co-~!ssioner Of the R~venue, Sheriff and Treasurer may wish to present in support of their salary and expense request for the fiscal year beginning July 1, 1974, and ending Jtule 30, 1975, and a further co~unicatlon from the Board requesting an expression from Council as to its policy concerning salary increases in this locality, as well as recommendations in regard to the budget reguests filed by the Constitutional-officers, was before the body. ~r. Thomas inquired as to proposed leglslation which was before the General Assembly relative to the Office of the Sheriff ~and the Office of ~he C~mmonwealth~s Attorney and moved that the City Attorney be requested to furnish Council with a status report as to said legislation~ The motion was seconded . by Mr. Llsk and unanimously adopted. REPORTS OF OFFICERS: BUDGET-CITY HOliE= The City Manager stlbi~tted a written report reco~e~din'g that. S3,500.00 be appropriated to Utilities under Section %39, mcity Home,'- Of the 1973-74 budget, due to an increase in fuel oil costs to the City ~f Roanoke from 14.6 cents per gallon in February, 1973, to a cost of 31.9 cunts per gallon in February, 1974. Hr. Lisk moved that Council concur tn the rec_~_ endation of the City Manager and offered the following emergency Ordinancez (J21419) AN ORDINANCE to amend end reordain Section S39, 'C~ty Home,' of the 1973-74 Appropr~ation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 39, Page 182.) Hr. Llsk moved .the adoptlun of the Ordinance. The metion was seconded by Mr. Garland end adopted by the following voter Mayor webber .................................... 7. a written report advising that the public assistance budget for the fiscal year 1973-74 contained $195,313.00 In General Relief funds, that this amount was appropriated ~n lieu Of the $483,680.00 requested when the State Department of Welfare was unable to appropriate their fair share or 62.50 per cent of the $483,680.00, that several efforts have been made to request the Department of Welfare and Institutions to provide additional funds for General Relief as the $195,313.00 appropriated by Councll was only enough money to cover the amount of funds appropriated is based on Section 63.1-96 Of the Code of Virginia which requires that the initial allocation be made on the basis of population entitlement, that the latest effort to obtain an additional appropriation that they do not at the present time have any fttnds but that they hope to be eble to make an addi~ional appropriation within the next two months, that at that it is anticipated that $20,000.00 per month is needed, reco=~mend~ng that Council appropriate an additional $60,000.00 to the General Relief account to ftmd this accokult fo= the ~nths of April, Hay and Ju~e, 1974, with the provision reimburse the city their share of 62.50 per cent, however, should Council not be appropriated to the General Relief account to fund this account for the ~nth of April while awaiting action by the State Department of Welfare and Institutions with respect to the additional appropriation requested ~n this category, end that should the State Department of Welfare and Institutions fail to appropriate additional funds for this account, then Council would f~rther ftuld the General Relief account on a 100 per cent city basis or to discontinue the program. H~. Trout moved that Council concur in the reco~aendation of the City Hanager that $60,000.00 be appropriated to.General Relief under Section $37, 'Public Assistance," of the 1973-74 budqet, to cover payments for the months of April, May and June: (~21420} AN OI~DIHANC~ to amend and reordain Section %37, 'Public Assistance~' of the' 1973-74 ~Appropriation Ord~llance, and providing .for an (F~r full text of Ordinance, see Ordinance Book No. 39, Page 183.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Llsk and adopted by the following vote: AYES: Nessrs. Garland, H~bard, Lisk, Taylor~ Thomas~ Trout and Mayor Webber ................................. 7. NAYS: None ......................... 0. SALE OF PROPERTY-LIBRARIES: Council having referred to the City Planning Dlrecto~ for 'study, report and recC~endatlon a report of the P~anoke City Public L~brary Board recon~nending the purchase of property located south Of Forest Park Elementary School and north o£ Salem-Lynchburg Turnpike, N. W., owned by Mrs. Natalie R. Foster and Mrs.' Mary R. Waynick, in the amount of $18,750.00, for the construction of the new northwest branch library, the City Manager submitted a written report transm~ttlng a report from the City Planning Director advising that the general area In which the proposed northwest branch library site is to be 'located is considered a desirable location for th~s facility, that in further evaluating this proposed site with regard to its suitability for the new northwest branch library several ~nportant site selection guidelines were e~ployed a~d the conclusions drawn from this evaluation indicates that it is an appropriate northwest branch library sitev more specifically: · the proposed 'site is located near the center of aR area producing the heaviest, most consistent l~brary service demands. It would serve a multi-neighborhood area consisting of Melros~ Washington Heights, a/id the West End neighborhoo~s. In addition~ the proposed site is located near a major retail shopping center end the Lansdowne Park Public Housing Project. · the proposed site has good potea~tia[ accessibility. Easy access from Melrose Avenue can be provided by extending 28th street to the rear boundary of the property. ~ditional direct access from Salem Turnpike can easily be incorporated in the development of this site. It ie~ however, strongly recc~mnended that Forest Park Boulevard not be extended through to Salem Turnpike since it will create a hazardous situation, specifically, to the Forest Park Elementary School children and to the users of the northwest branch ~ibrarY. The proposed 3-acre site exceeds the State Library Comm~ssion~s ~L~nim%un sit~ area standards, and, in considerat/on of the above factors, the City Planning Department reco~ends that this property be designated as the site for the northwest branch library. ~69 1~'. Y~mas moved that the matter be referred to the city ~e ~tion ~as seceded by ~. ~out ~d ~ualy adopted, S~ ~D 5~ D~HS= The City ~ager e-~tted a ~tten ze~t advisinq ~t ~e c~ty has c~tracted-~l~ Plzzagalli Co~ration for the cons~ction of, ~e 30 ~lll~ gall~ zet~tion bas~ a2 ~e Sewage ~ea~t Pl~t~ t~t ~e ~et~tion bas~ Is berg const~cted ~ea o[ the old sl~ge ~nd ~d as a result of ~s locati~, bad soil c~di~s ~ve ~ ~co~tered ~hich necessl~tes a ch~qe in desi~, ~at Al~d, B~dick ~d H~son, C~sult~g ~ginee~s,- have desired a sl~ ~ch ~all to confine ~e bad soil ~d ~ereby en~le the city to continue ~a C~s~ct~on of the ~etent~on basin In ~e pro~sed area~ ~e ~g~eers ~ve sec~ed a ch~ge o~der fr~ ~e Pizzagalli Co~ration for cons~c~on of ~ wall ~ ~e ~2 of $137,48~.00, ~a~ 2he contract eligible for ~ ~tension oi c~st~ctlon ~e due to ~is situation, h~ever, ~e extra t~e ca~o2 be debe~ed ~t[1 State ~d Fedegal approval Is received, ~ec~ding that Co~c/1 eulogize ~e City ~ager to execute Ch~ge ~o. 1 to Vizzagallt Co.ration ~o~ the cons~ctlon of the slug~ ~ench ~all, in ~e ~b oE $137,488.00, s~Jecb 2o approval of the S~a~e ~ard ~d ~e ~viro~ntal Protection Ag~. ~. ~s ~ved that Co~cil conc~ ~n ~e rec~endation City ~ager ~d offered ~e foll~g Resolution approving ~e chore (~21421) A ~SOL~XON approv~g ~e C~ty ~ager*s ~ssu~ce of Chore Order No. 1, in co~ectlon wl~ ~e city's con~act for the const~c- t~on of a 30 ~11~on gallon ret~t~on bas~ at ~e City's Sewage Trea~ent Pl~t, s~j~ct to approval by ~e Virginia State Water Control ~ard-and ~e ~v~ro~l P~te=t~on Ag~ of ~e United States ~ve~ent. (For full t~t of Resolution, see Resolution ~ok No. 39, Page 183.) ~. ~s ~ved ~e adoption of ~e Resolution. The motion was seconded by ~. T~ut ~d adopted by ~e fo~ing vote: A~S: Messrs. G~l~d, H~ard, List, Taylor, Th~s,' Trout ~d ~yor Webber .........................~ .......~.: ~YS: ~e---~ .... ~ ..............0. P~NG A~: The City ~ager s~tted a ~itten r~rt rec~d~g that Co~cll upgrade the class~flcatlon of 'Buyer' ~ ~e Depart- m~t of ~terials Con~ol from ~ge 18 to ~ge 24 which will a11~ for ~lo~t of ~ appropriately skilled Derson, ~d also provide for a chore ~n classification ~tle from 'Buyer' to 'P=has~g Officer' on Ju~y 1, 1974, w~ approval of ~e new classiflca~on description by the Perso~el Board. N~o T~out moved that Council concur ~1 the reco~nendation of the City Nanager and ~t the ~tter be ~efe~re~ ~ ~e Clt~ Atto~ey for preparatl~ o~ ~e proof ~as~e ~nd~g ~e City Pay PI~. ~e ~tion was seconded by ~. Llsk ~d ~usly adopted. ~GE ~V~I ~e City ~ager a~tted a writt~ re~rt tr~tt~g copy of ~e 'state Water c~ol ~d findings wl~ ~espect to ~e Regional ~dflll 'C~ttee~s pres~tion to ~e ~ard on Feb~a~ 18~ ' 19~4, advis~g ~t ~a Staff ~de ~e foiling rec~ndations to ~e State Water ~n~ol 'I The s~E re~ds ~at ~e ~ard reco~lze ~e pro~sed ' Ro~oke Regional ~dflll site ~d pl~ (~dee site) as a v~able pro~sal prov~de~ that proper ~[E~cat[ons are ~de to safe~a~ gro~d ~d s~face waters. The ~f~cations rec~nded to ~e B~eau of Solid Waste ~d Vector Control~ State Heal~ ~par~t are as foll~s~ 1. El~nat[on of '~ea A' ~d adjacent trenches fr~ the pro~sed pl~. 2. Reduction, ~n reach, of r~[ning areas to ~lnta~n accept~le slope ~d to provide adequate area for ~ns~11at~on of furze ~ea~nt pr~esses, ~ necessa~. S~c[[~c .referents are to be est~l~shed by the staff ~ conj~ct[on w~ B~eau o~ Sol~d Waste ~d Vector Con~ol~ State Heal~ ~par~ent ~d are to be based on accept~le desi~ practices. ' 3. That ~'~n[t0r~g 'p~gr~ accept~le to ~e staff be developed ~d ~l~ted prior to, d~[ng ~d foll~ng the developer of ~e areas to docent ch~ges [n gro~d ~d s~face waters. 4.That ~e staff conduct dye studies [n the pro~sed areas ~d ~s ~n[o~tion be considered [n ~e foot,on final s~te rec~endat~ons to the State Heal~ ~par~nt. 5. That ~e staff reco~end to ~e State Heal~ ~par~ent that ~e ~l~t~on of ~e operational pl~ ~ certified by ~e o~er on a routine basis. II ~e s~ff fur~er rec~ended that ~e ~ard d~rect the staff to ~veSt[gate ~e [ssu~ce of a d~scharge pe~t for operations ~d re~r% ~ts f[nd~gs to ~e Board at ~e April ~ard meeting.' ~; ~OUt ~ved that ~e re~rt be received ~d filed. The motion was seconded by ~.' L~sk ~d ~usly adopted ~GE ~OV~: The City ~ager s~tted a written report con--ring ~ a re.ri 'of a c~ttee recanting ~a~ ~e proposal of Carter ~chine~ ~y, Inco~rated, for f~ish~g ~e city w[~ a new track t~e ~actor~ bulldozer, for use ~ '~e c~ty's s~ta~ l~df~ll operations, be rejected, s~ce said bid ~s not a valid ~d f~ b~d ~d ~at ~e [t~ of e~t ~ readver~sed for Bids at a later date. ~. Th~s ~ved ~at Co~c~l c~c~ ~ ~e reco~endat[on of the City ~ager ~d offered ~e roll.lng Resolution rejeCt~g sa~d (%21422} A ~OL~ION rejec~g ~e only bid received for f~[sh[ng a new ~ack-t~e ~actor for use [n ~e city's l~df~ll operations. (For full t~t of Resolution, see Resolution Book No. 39, Page 184.} Hr. Th(~as moved the aaoptJ, on of the l~esolution~ The mo~Lon vas seconded by Dr. Taylor and adopted by ~he ..foll~elng votes .. AYES~ Messrs. Garland, Hubard, Llsk~ Taylor, Thomas~ Trout and Mayor Webber ............................... ---?. NAYS ~ None ......................... 0. SALE OF PROPERTY-CITY HANAGER: . The City Manager .submitted a written report r~quest~ng an exec~tive session with ~he members of Council to discuss a real estate matter. Mr. Trout moved that Cotlncil concur in the request of the City Manager for an executive session. The motion was seconded by Mr. Lisk and adopted by the following vote= AYES= Hessrs. Garland, Hubard, ~.lsk, Taylorw Thomas, Trout and Mayor Webber .................................... ?. NAYS: None ...........~ .............. 0. COOPERATI~r~ AREA MANPOWER PLANNING COUNCIL: The City Attorney submitted a written re~ort relative to the execution by the_ City of Roanoke Of an agreement with certain other political subdivisions In the Fifth Planning District for impleme~tation of manpower services under the Co~prehensive Employment and Training Act Of 1973, advising that a form of written agreement to b~ entered ~nto by those po~itical subdivisions is trans=dtted to Council, such revisions as have been made are intended to more specifically set 'out the responsibillties and obligations of the parties to the agreement andw sp~cifically, those of the Primo Sponsor under the agreement with reference to the other parties for whom the Prime Sponsor is intended to act, £urther it would leave i~ the governln~ bo~les Of the several parties to the agreement the decision of later am~m~nt of the agreement or of addition thereto of new parties but would reserve to each political sub~ivlsion a right of withdrawal upon 120 days ~tiflcatio~.to the Policy ~oard established by the agree~ent~ otherwise the basic lnte~t and understa~ding of the proposed agreement is uncha~ged. Mr. Lisk moved that Councll concur in the report of the City Attorney end offered the followimg e~rg~ncy Ordinance= (~2142~} AN O~D~NANCE authorizing the City of ~oanoke~s execution of an agreement by a~d between the City of Roanoke and other goyerrune~t, al sub- divisions of the Fifth Planning District, in Virginia, relating .to Plar~nlng and Operation of Manpower Services under the Com~rehensive Employment and Traininq Act of 1973~ end providing for an emergency. (For full text of 0rd~nence, see Or~imance Book No. 39, .Pag~ 185.} Mr. Lisk ~ved the adoption of the Ordinance. The motion.was seconded by Mr. Trout and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 7. AUDITS= The City Auditor sub~tted a financial rePOrt for the ~on~h of Feb~, 1974. ' ~. ~s ~ved ~at ~ ~e~ be received ~d f~led. The ~as seconded b~ ~. ~u2 ~d ~usly adopte~, B~T-D~ 0F P~LIC ~: ~e City Auditor s~tted a ~n~ly statist of e~dit~res for p~lic welfare for ~e ~nth ended Feb~a~, 1974~ ~. ~s ~ved ~at ~e stat~t be received and f~led. The ~t~on was seconded by ~. ~ut ~d ~ly adopted. ~RTS OF C~S~ NO~. ~INIS~D BUSI~SS = NO~. ~NsIDE~TION OF ~ = NO~. I~RODU~ION ~D CONSIDE~TION OF O~I~CES ~D ~SOL~IONS= P~ ~ P~YGRO~S~ Ord[n~ce NO. 21408 providing for ~e o~rat~on of ~e ~n~at~e ~a~n at ~e ~il~en~s Zoo, on Mill Mo~tain, by ~e ~oke Jaycees~ lnco~rated, for a per[~ not exceeding five years, u~n certain te~ ~d cond~t~0~s~ ~d ~st~n~ng tr~sfer to the c~ty of t~tle to said train ~d e~pm~t, having previously' be~ before Cocci1 for its first read.g, read ~d la~d over, was again before ~e ~y, ~. ~out offering the follow~g for ~[s second reading and final adoption: (~21408) ~ O~IN~ prov[dlng for ~e operation of ~e miniature ~a[n at ~e C~l~en~s Z~ ~ M~11 Mo~ta[n~ by the Ro~oke Jaycees, Inc., for a per~ not exceeding f~ve ye~s, u~n certain ~d conditions; ~d ~st~n~ng tr~sfer to ~e c~ty of t~tle to said train ~d e~nt. (For full te~t of Ord~ce, See Or,in.ce ~ok No. 39~ Page ~. ~ut ~ved ~e adoption o[ ~e Ord[n~ce; The motion was seconded by Dr. Taylor '~d adopte~ by ~e foli~[ng vote= AYES= Messrs. Garl~d; 'H~ard, L~sk, Taylor, Tho~s, T~ut ~d ~yor Webber ..............~---h- ..... ~ ............ ~YS = None .............................0. ~= Cocci1 having directed ~e City Atto~ey to prepare ~e p~p~ meas~e endorsing ~d ~co~aging ~e des~at~on by the Virginia H~stor~c ~rks C~ss[on of a 'cer~ ~tebe11~ st~cture ~n the c~ty ~ as 'Bu~a V~sta'~ as a Virginia Historic L~rk~ he presented whereu~n, ~. T~ut offered ~e fo11~ng Resolution= {%21424) A ~SOL~ON ~dors~ng ~d encouraging ~e desk.at[on by ~e V[rg~a Historic ~rks ~['ss[on of a certain ~tebell~ st~ct~e ~ the city ~ as 'Bu~a Vista,~ as 'a Virginia Historic ~rk. {For full text of aesolut~on, see Resolution B~k No. 39, Page ~86.) ~o TZ~Ut ~OVed the adoption of the Resolutl~o The. ~tion se~nd~ b~ ~, ~a~l~d ~d adopted b~ ~e ~oll~q vote: ; ~yor Weber ....................................... ~YS~ N~e .............................. 0. - STA~ HIG~YS-~ORT~ CO~C~I hav~g d~rected ~e C~ty At~ey to prepare ~e proof measure relat~g to ~e propose~ relocation o~ a ~rt~on o[ V~rg~a S~te ~Bte ~8 necessitated by ~e furze extension of R~way 23 at Ro~oke M~lc~pal (W~) ~rt~ he pres~te~ s~e~ whereu~n~ ~. ~ou2 off.ed ~e foll~l~g Resoluti~ (~21425} A ~SOL~ION relat~g to ~e p~sed relocation of a ~rtion of Virginia State ~ute 118 necessl~ted by-~e future extension of R~way 23. at Ro~oke M~icipal (W~) Alert. (For f~l t~t of Resolutton~ see R~solutlon B~k No. 39, Page 187.) ~. T~ut moved the adoption of ~e Resolution. The ~tion was second~ by ~. Lisk ~d adopted by the fo11~ing vote= AYES= Messrs. Garl~d, Hubard~ Lisk, Taylor~ ~s~ Trout ~d ~yor Webber ......................................7. ~YS= None ............................. 0. D~ OF P~LIC ~= Co~c[1 having directed the City Atto~ey to pre.re ~e proper measure au~or~zing ~e Director Se~ice~ to ~e ~itten application to ~e Skate ~par~nt of Welfare Institutions for the est~lis~t of a fo~ ~t~ progr~ in the City of ~oke, ~d prov~d~g for ~e c~ty~s participati~ in said progr~, he pre- sented s~e~ whereu~n, ~. Lisk offered ~e following Resolution= (~21426) A ~O~ION au~or[z~g ~e Director of H~ to ~e ~tt~ application to the State Depar~t Of Welfare ~d Institutions [or the est~lis~ent of a fo~ s~ progr~ ~n ~e City of ~oke, ~d prov~d~g for ~e city's ~2icipation in said (For full t~t of Resolution, see Resolution Book No. 39, Page 188.) ~. Lisk ~ved ~e a~opt~on of ~e ~solut~on. The ,~tion was seconded by ~. T~ut ~d adopted by ~e foll~ing vote= AYe= Messrs. G~l~d, H~ard, L~sk~ Taylor~ Tho~s~ Trout.~d ~YS~ None----~ .......................0. ~ORT: Cocci1 hav~g d~rected.~e ~ty Atto~ey to prepare con~act wig.Watts ~d Bre~ell~ Inc., au~orized by Ord[n~ce No. 20659, for ceftin alterations ~d additions to ~e Te~nal B~d~g at Ro~oke H~icipal Alert, u~n ceftin te~ ~d conditions~ add~g fourteen addltional cal~dar days to ~e working t~ provided in ~e aforesaid con- ~act~ he presented s~; whereu~n~ ~. T~ut offered ~e fo11~ing ~ergency Ordinate: (J21427) AN ORDINANCE authorizing the Lssuance of Change Order No. 2 tO the city's con~raot with Watts and Breakell, Ino.w authorized by Ordinance No. 20659~ for certain alterations and additions to the Terminal Building at Roanoke Municipal ~Lzl~rt~ upon certain tere~ and conditions! adding foucteon addl~Lonal calendar days to the ~ork~ng time provided in the aforesaid contract! and providing for an emergency. (For full text of ordinance, see ordinance Book No. 39, Page 168o) ~tro T~out moved the adoption of the ordinance. The motion vas seconded by Hr. r.isk and adopted by the folloving vote: AYES: Messrs. Garland~ Hubardw Llsk~ Taylor~ Thomas~ Trout and . Mayor Webber .................................... ?. NAYS~ None ...........................0o MOTIONS AND ~SCELLANEOUS BUSINESS: NONE. There being no further husiness~ Mayor Webber declared the meeting adjourned. APPROVED ATTEST ~ [ Deputy City Clerk Mayor ¸75 ' COUNCIL~ REGUlaR NEE?lNG, . Honday, Hatch: 25~, '1974~ Co~cil C~ In ~e H~iclpal Bulld~g~ ~day~ ~ch 25~ 1974~ a~ 7~30 p.m., wi~ ~yor ~y L. W~= presiding. ,' - P~s Co~cl~ ~rt A. Garl~d~ Willl~ S. H~ard (arrived late)~ David K. ~sk~ N~I C. Taylor, H~ton W. ~s, J~s O. ~out ~d ~yor ~y L. We~r ............................... 7. ~ None ........................... 0. OFFI~ P~ ~. Byron E. H~er~ City ~agerI ~. S~ H. ~Ghee~ III, Assis~t City ~ager~ ~. J~es N. Klnc~on~ City Atto~eyI ~d ~. A. N. Glbs~, City Auditor. I~TION~ The meet~g was op~sd wl~ a prayer by Vlc8-~yor David K. Lisk, ~= Copy of the ~nutes of ~e re~lar meeting held on ~nday, ~rch ~8, 1974, having been fu~ished each m~er of co~cil, on ~tion of ~. ~out, seconded by ~. Llsk ~d ~usly adopted, ~e reading thereof was disused wi~ ~d ~e ~utes approved as recorded. H~NG OF CIT~S ~N PUBLIC ~l ZONING: Cocci1 having s~t a p~lic hearing for 7130 p.m., Monday~ ~rch 25, 1974, ~ ~e re,est of ~. ~nald D. Bergl~d ~at property located at 134 ~urston Argue, N. E., described as ~ts 31 ~ 32, Block C, ~p off Wllll~on Groves~ O~ficial T~ No. 3080920, be rezoned from ~, Duplex Resld~al Dlstrict~ to C-2, ~eral C~rcial Dls~ict, ~e ~tter was before ~e ~dy. In ~ls co~ection, ~e City Pl~g C~ssion s~tted a ~itten re~rt advis~g ~at it was get,rally agreed ~at ~is rez0ning would do no h~ to ~is tr~sitional neig~rh~d ~d is in keeping with its general character, ~erefore~ it is recorded ~at ~e re~est ~ approved. ~. ~cMrd E. Vlar, Atto~ey, represent~g ~e petitioner, appeared before Cocci1 in support of ~e re,est of his cli~t. ~. Lisk ~ressed conce~ over ~e park~g sit~tion in ~e area ~d ~e ho~ ~at ~. Bergl~d will ~rovlde sufficl~t off-stre~t parking for his ~ployees. No one appearing In op~sition to ~e re~est~ ~. Trout ~ved that ~ foll~g Ord~ce be placed upon its first reading: (/21428) ~ O~I~ to ~d Title ~, Chapter 4.1, Section 2, of The C~e of ~e City of R~oke, 1956, as ~ded, ~d Sheet No. 308, Sectional 1966 Zone ~p, City of Ro~oke, ~ relation to Zon~g. ~EA~_,' appliqatlon has bean made to the Council of the City of Roanoke th have 134 Thu~aton Avenue,'H. E., being Lots 31 and 32, Block C, Hap of Wllliams~ Groves, Official Tax Humber 3080920, rezaned frc~ RD, Duplex Residential District, to C-~ General C~mnercial District! and WHERF~S, the City Planning C~esion has reco~nended that the hereinaftel described land be rezoned from RD, Duplex Residential District, to c-2, General' Commercial District; and h~tEREAS, the written notice and the posted 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 and for the time provided by said section~ and WHEREAS, the hearing as provided for in said notice was held on the 25th day oil&arch, 1974, at 7:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest end citizens were given an opportunity to be heard, beth for and against the proposed rezoning~ 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 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 Zoning, and Sheet No. 308 Of the Sectional 1966 Zone Map, City Of Roanoke, be al~ended in the following particular and no other, viz.: Property located on the north side of Thurston Avenue, N. E., described as Lots 31 and 32, Block C, Map of Williamson Groves, designated on Sheet 308 of the Sectional 1966 Zone Map, City of Roanoke, as Official Tax No. 3080920, be, and is hereby, changed from RD, Duplex Residential District, to C-2, General Com~ercial District, and that Sheet No. 308 of the aforesaid map be changed in this respect. The motion was seconded by Mr. Thomas and adopted by the following AYZS: Messre. Gerland, Lick, Taylor, Thomas, Trout and Webber ......... = ......................... ~Y$: None ................... 0. ~r. ~ubard had not arrived~ ~ONI~G: Council having set a public hearing on the question of amending Title XV, Chapter 4.1, Section ~2, Building setback lines and sign provisions for major arterial hlgh~aye, exception; eethack of signe for Inter- etatc Highways, the matter was before the body. At this point, Mr. Eubard entered the meeting. In this coanection, Mr. Lisk called attention to a conm~lnication from Mr. C. Stuart ~hee which is elso on the agenda relative to a request for a waiver .to allow, moving ~he present bulldog at Lot lland part of Lot 12, Block 3, Map of Colonial Heights~ to touch ~he property line on two sides contingent to abandonment of a section of Sen£ord Avenue and 22nd Street~ S. W. ~ due to v-581/u. S. 220 South cons~ructiou and a further request for a 15 fOOt variance at the back of proporty bordering the chain l~nk fence of the State Highway Depart~e~t~ Hr. Llsk questioning whether or not the adoption of the proposed Ordinance amending Section 32 of the Zoning Ordinance would preclude Hr. McGhee from makll~g his request to Council. The City planning Director replied that the action taken by Council relative to the amendment of Section 32 of said Zoning Ordinance would not affect the request of Mr. McGhec. Hr. Llsk moved that the public hearing be continued until the next regular meeting of Council on Monday, April 1, 1974, and that the City Hanager be requested to report to Councl! at that t~me as to whether or not the adoption Of the proposed OrdLnancs ~end~ng Section 32 of the Zoning Ordinance would be ~ conflict with the request of Mr. C. Stuart }~cGhee. Tbs motion was seconded by Hr. Garland a~d ~a~ously adopted. PETITIONS A~D COMMUNICATIONS= BRIDGES-HOUSING-SLUI4 CLEARANCe: A co~unication from Hr. R. R. Henley, Executive Director, City of Roanoke Redevolop~ent a~d Housing . Authority, tranmn~tt~ng copy of the Feasibility Study to determine the esti- mated cost for const~uction of an Overhead Pedestrian Mall spanning the Norfolk end We.stern railroad tracks connecting Jefferson Street between Norfolk and Shenandoah Avenues, and respectfully requesting approval of council to ~l~cor~orate $986,982.00 in the budget applicatlon to the Departu~nt of Housing and Urban Development for the Neighborhood Development Program, Project A-6 for the purpose of constructing said pedestrian mall~ was before the body. Hr. Lisk ~oved that Council concur with the concept of the request at this Point with the understanding that Council has the prerogative at a later date to make the f~nal determination if it wants to proceed with the project and that the matter be referred to the City Attorney for preparation of the proper measure. The ~tlon was seconded by Hr. Hubard and unanJ~nously adopted. GRANTS-JUVENILE DETENTION I~OME: Copy of a Resolution adopted by the Board of Supervisors of Roanoke County at its meeting on Tuesday, March 12, 1974, concurring with and supporting the development of a program of outreach detention and a program of regional transportation as additional services to be provided by the Roanoke Juvenile Detention Home~ and indicating its desire and wtlllngness to make use of the services of said additional programs upon thom bet~ng made available, under provisions of an agreement to be entered into for payment to the City of Roanoke Of a per diem cost of the operation of said programs as so used by their political eubdivision~ was before Council. ~', Thomas moved that the Resolution be ~eceived ~d flied, ~lon was seceded by Dr, ~aylor ~d ~usly adopted, ~GE ~OV~ Co~ of a ~d~ f~ ~e ~oke Co~y ~a~d o~ Su~lsors adv~s~g ~a~ ~. C. H. Garretson was ap~nted for a t~ee year te~ ~d ~s. J~et W~tz was ap~nted for a ~e year texas ~e ~ty~s repres~t~ves on ~e Regional ~11 ~ard at the re~lar ~et~ng o~ 2he ~oke Co~ty ~ra of Su~lsors on ~esday, ~rch 12, 1974, was fore Co~cll. ~. T~ut ~ved that ~e ~r~d~ ~ received ~d flied. The ~t[on was seconded by ~. Llsk ~d ~usly adopted. BU~ET-S~FF~ A c~[cat~on from Sheriff Paul J. Puckett tr~s- mitt~ng copy of his 19~4-~5 f~scal ye~ budget pro~sal ~d~ also, ~py of Senate B~ll No. 259 relating to salaries of deputy sheriffs who s~dards est~l~shed by ~w-~forc~nt O[f~cers Tra~n~g St~dards Co~ss~ons, was ~fore Co~cll. ~. ~s ~ved ~at the c~cat[on ~d attac~nts ~ referred to 19~4-~5 budget study. The ~t[on was seconded by ~. Trout ~ ~usly adopted. ~ORTS OF O~ICE~: BU~T-DEP~ OF P~LIC ~ The C~ty ~nager s~tted a ~[tt~ report adv~s~g ~at ~e State ~par~ent of Welfare ~d Institutions has c~let~ ~o~er phase oE ~e~r validation review of p~l~c ass[st~ce pa~ts ~de by the city, ~at of the eases reviewed, it has been dete~ned ~at ~e city has ~de ove~a~nts In sev~te~ additional lnst~ces ~o~t~g to a total ove~a~t of $],524.50, ~at ~e Virginia ~neral Ass~[y has enacted legislation red,ring that the ~t of ove~a~ent be ref~ded to ~e state ~d ~e Atto~ey G~eral has ~ssued ~ opinion ~at'~e ove~a~ent be ref~ded to ~e state regardless of whe~er the pa~ent ~s ~de ~rough ag~ error or as a result of ~e rec~p~t~s failure to provide proper info--tic to ~e ag~cy, ~at If ~e error has be~ ~e result of the rec~p[ent~s w~llfu~ w[t~old~ng of ~fo~t~on ~r giving false [nfo~t~on about ~e ~ncome ~d resources, ~e local ag~ ~y recoup ~e ~t of ~e ove~a~nt from ass[st~ce pa~t, if ~d only ~f, ~e rec~p~t has d~sregarded ~ncome or cash l~id~le assets ~d reco~d~g ~at $3,524.50 ~ appropriated to ~d Rebates ~der Section %3~,' 'P~l~c ~sis~ce,' of ~e 19~3-~4 budget to provide suff~c~t f~ds for ~e overacts. ~. Trout ~ved that Co~c~1 conc~ ~ ~e re~rt of the City ~nager ~d offered ~e foll~g ~rgency Ord~n~ce= (%21429) ~ O~I~CE to ~end ~d reorda~n Section ~3~, ~s~s~ce,' of ~e 1973-~4 Appropriation Ord~n~ce, ~d providing for ~. (For full t~t of Ordinate, see Ord[n~ce Book No. 39, Page Hr. T~out moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES~ Hessrs. Garland~ Nubard, L~sk, Taylor, Thomas, T~out and Mayor Webber .............................. ?. HAYSz None ..................... 0. BUDGET-AIRPORT: The City Hanagsr sub~Ltted a ~ritten report advising that Council has accepted the p~posal ~f H & S Const~uction Company ~n the amount of $29,977.75 for the reconst~uction of the south ra~p at Roanoke Municipal (woodrum) Airport, that the extended cost of the project Is $]6,209.53 with $27,157.14 to be paid by the Federal Aviation Adm~nistrat~o~ and $9,052.39 by the City, that $20,000.00 has been appropriated for this project of which $19,839.35 remains, that an additional $10,138.40 is needed to f~nance the constr~ctlon costs of $29,977.?S and recommending that Council appropriate $10,138.40 to fLnance this project, recogn~zing that the FAA will reimburse the city for their share of th~s project. Hr. Trout moved that Council concur tn the report of the City Manager and offered the following emergency Ordinance appropriating $10,138.40 to Reconstruction Of south ram~ at Roanoke Municipal (Woodrum) A~rport under Section %89~ 'Transfers to Capital Improvements Fund,' of the 1973-74 budget: (%214]0) AN ORDINANCE to amend and reordain Section %89, 'Transfers to Capital Improvements Fund,' Of the 1973-74 Appropriation Ordinance, and provid~ng for an emergency. {For full t~xt of Ordinance, see Ordinance Book No. 39, Page 190.} Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted By the following vote: AYES= Messrs. Garland, Hubard, Ltsk, Taylor, Thomas, Trout and Mayor Webber ................................ ?. NAYS: None .......................0. BUDGET-AUDITO~UM-COLISEUM: The City Manager submitted a written report requesting that $5,000.00 be appropriated to Refunds under Section ~440, 'Civic Center,' of the 1973-74 Civic Center Fund Approprlat~on Ordinance, to provide the necessary funds in order to refund certain amounts of money when less expenslve tickets were substituted for the price tickets requested for the Elvis Presley Show. Mr. Trout moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: (%21431) AN ORDINANCE to amend and reordain Section ~440, 'Civic Center Fttnd - A~istratlve Expenses,' of the 1973-74 Civic Center Fu~d Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 191.) Mr. T~out moved the adoption of the Ordinance. The motion was seconded by ~tro' Lisk and adopted by the following vote~ AYESt Messrs. Garland, H~bard, Llsk, Taylor, Thomas, Trout and Mayor Webber--=--~ ......... J ................. ?. NAYS ~ None ........................ 0. TRAFF~C~ Council having previously referred to the City M~nager for lnvestigat~on and report a petition signed By 48 residents of Livingston l~adw S.W. w relative to the excessive volume of auto,chile and vehicular traffic on Livingston Roadw S. W., the City Manager submitted a written report rec~ending that Co,mci1 restrict parking on the north side of the street and expedite angineer~ng studies leading to construction Of a thoroughfare to relieve Livingston Road 2raffle volume, while traffic enforcement measures continue in effect. ~r. D. $. Foster~ 2507 Llvingsto~ Road, S. W., appeared before Council and advised that on February 6 the City ~a~ager had radar set up on Livingston Road~ that when people saw the marked police oars they automati- cally showed down and that he is of the opinion that it would be a good idea if radar could be set up sometime at random each week and that unmarked vehicles be used. Mr. Trout moved that Council concur in the recomendation of the City Manager. The motion was seconded by Dr. Taylor and unanimously adopted. SALE OF PROPERTY-FIR DEPA/~TMENT: The City Manager suh~tted a written report recommending that Counoll authorize purchase of land located at the intersection of Tazewell Avenue and Second Street, S. W., from the Norfolk and Western Railway Company, to he utilized as a site for the relocated fire station No. 1, at a total cost of $105,000.00. Dr. Taylor moved that Council concur in the recommendation of the City ..M.anager and offered the followlng emergency Ordinance: (%21432) AN ORDINANCE amending Ordlna~ce No. 21251, adopted December 10, 1973, providing for the cityts acquisition of certain property wanted and needed as part of the site for relocation of Fire Station NO. 1, in the City of Roanoke, by authorizing payment of the sum of $105,000.00 as a purchase price therefor~ and providing for an emergency. {For full text of Ordinance, see Or~ina~ce Book NO. 39, Page 191.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. G~rland and adopted by the followlng vote: AYES: 'Messrs. Garland, Hubard~ Lisk, Taylor, Thomas and Mayor Webber ................................. 6 · NAYS: 'None .................0. (Mr. Trout not voting) SSI/ERS AND STOP~ DRAINS t The City Hanager sub~ttted, a ~ritten report ~ c~ection wl~ ~e ~dus~lal~Wate~ ~d vast~ateF su~ey prepared by ~y F. West~, Inco~rated~ advia~g ~t ~e ~k has ~ perfo~d ~d the F. Wes~n~ Inco~ated, relative to a coat ove~ ~t~g 2o $1~935.17 as a result Of ~ferencea ~d c~sul~tions ~l~ ~e city after ~e prel~na~ re~t but prior to ~e f~al re.ri ~d re~eating In accept~9 ~ls cos2 over~ ~d au~orization to pay the additional ~1,935.17 f~ ~e Sevage Trea~t accost. ~. ~h~s ~ved ~at Co~cil c~c~ ~ ~e ~e~est o~ the City ~ager ~d offered ~e foll~g Resoluti~= ([21433) A ~O~IOH au~oriz~g pa~n2 of ~1~935.17 to Roy P. Weston~ lnc.~ for se~lces rendered pursuit to a ce~ta~ contract vi~ ~e city. (For full ~2 of Resolution, see Resolution ~ok Ho. 39, Page 193.) ~. Tho~s ~ved ~e adoption oE ~e Resolu~ion. seconded by Dr. Taylor ~d adopted by ~e roll.in9 A~S: Hes~rs. Garl~d, H~ard~ Lisk, Taylor, Th~s~ Trou~ and ~yor ~ebbe~ ............................... ~YS: N~e ...................... 0. S~ ~ S~ D~INS: ~e City ~ager s~tted a ~ltt~ re~rt a~vising ~at ~e city has recelve~ ~ ~nt f~m the ~viro~tal Pro- tectton ~en~ to ~e gr~t for ~e const~ctlon of Con~act E at the Sewage ~ea~t Pl~t, ~t ~s ~nt est~11shes a paint schedule for ~e gr~t ~ off~ctally deletes pro~se~ Contract F from sai~ ~r~t ~ re- c~n~g ~at Co,oil au~orize ~e City ~ager to execute ~en~ent No. 2 to Federal Gr~t NO. C-510-442-01. ~. Th~s move~ ~at Cocci1 conc~ City ~a~er ~ offere~ ~e foll~g ~esolutton: {%21434) A ~SOL~ION au~orlz~g ~e City ~ager to exe~te, on b~half of ~e c~ty, ~t No. 02 to a certa~ gr~t h~retofore ~e by ~e Unlte~ States of ~ertca to ~e City for Project No. C-510442-01 for cons~ction of certa~ se~ge ~ea~t fac~l~t~s~ sa~d ~en~nt hav~ng ~e effect of changing ~e scope of ~e pro~ect by deletion ~erefrom of Contract 'F' ~ by e~blts~t of a revts~ pa~t schedule. (For ful~ text of ~esolut~on, see Resolution ~k No. 39, Page 194.) ~. Th~s move~ ~e a~option of ~e Resolution. The ~tion was se~n~e~ by ~. ~out ~ adopte~ hy ~e fo!low~g vote: A~S= Messrs. Garl~ H~ar~, Ltsk, Taylor, Th~s~ Trout ~yor Webber ................................. ~YS = None ........................0. m EASEHEHTS-A~PALACHIAN POWER CO~PANY~ The City Manager submitted a written rePOrt requesting that Council grant to tho Appalachian Power Company an easement, in a form suitable to the City Attorney, across the city's property at Carvine Cove Filter Plant, in a location and width as shown on Appalachien power Company Drawing No. R-868, dated January 24, 1974. Hr. Garland moved that Council concur In the request of the City Manager and that the following Ordinance be placed upon its first readings (%21435} AN ORDINANCE authorizIng and providing for the grant of en easement to Appalachian Power Company to constr~ct, operate and maintain an overhead electric line or lines over property of the City in Roanoke County at its water Filter plant, upon certain terms and conditions. WHEREAS, Appalachian Power company has requested the grant of the easement hereinafter provided in order to transmit electric power to the City's Filter Plant in Roanoke County and to other adjacent properties and establishm~nts~ and the Council's Real Estate committee and the City Hanager have recommended that the same be granted upon the terms and Conditions hereinafter provided. THEit~FO~, ~E IT ORDAIneD by tllu Council of tiaa City of Roanoke that the Mayor and the City Clerk be, and each of them are hereby authorized and empowered to exeente and to seal and attest, resp~ctively, a deed of easement drawn u~c~n such for~ as is approved by the City Attorney, 9ursuant to which the City of Roanoke w£11 grant and convey,' for' a consideration of~ $I.00, cash, . to Appalachian Power Company, its succegsor~ and assigns,' .an e~ement of r~ght- of-way with the right, privilege and authority in said. grantee to Construct, . erect, repair and maintain an overhea~ electric line or lines, .upon, over, through or across certain land of the City situate in Roanoke County, on the north side of Virginia Secondary Route 601, the right-of-way and the location of the centerllne Of said power line being described as follows: BEGINNING at a point (iron pin} on the northeasterly property line of the City of Roanoke property k~own as the CarVln Cove Filter Plant property, and being a mutnal corner between the City of Roanoke property and the property of Majo~ Motor Inns, Inc., thence S. 74~ '15~ W, 215 feet~ thence S. ?0- - 0~ W, . 1235 feet~ thence S 25 - 30~ W, 240 feet to the edge of the City of Roanoke property and.the right-of-way line of a publlc road right-of-way (Frontage Road)~ thence, not a part of the right-of-way granted herettnder but being the centerline of the electric power line described on the map herein re£erred to below~ So .25° - 30~ W, 92 feetl thence S. 84° W, 304 feet to a POint that agaIn enters the City of Roanoke property and also begins again the right-of-way to be granted herethnder~ thence S. 84° W, 294 feet to the City of Roanoke property llne. Also, beginning at an iron pin, and highway monument on VirgInia Secondary Route 815, being also a mutual corner of the property of the City of Roanoke and Major Motor Inns, Inc.~ thence N. 0° 51~ - 48' W, 3?2 feet along the mutual property line with Major Hotor Inns, Inc., thence, leaving the Major Motor Inns, Inc. property but continuing on the same bearing of N. 0° 51~- - 48' W for a distance of 208 feet to a common point with the right-of-way described above. The width of said right-of- way to vary from zero to forty feet (0 - 40 ft.) but generally being forty (40) feet in width when the entire right-of-way is on the City of Roanoke property and fifteen to twenty feet (15 - 20 ft.) when the right-of-way is along a mutual property line ~1~ an e~oin~ng land'o~ner! and bein~ specifically as shown and outlined ~n red on 'Appalachian Power Company's Drawing No,' R-868~ da%ed'Januar~ 24, 1974'. with the right to J~nsta11, maintain and renew poles with crossa~ms, guys and fixt~rea! to cut, tr~m or control interfering trees! 'and with others incldentaI to the maintenance of said l~nes, and,right-of-way, approved by the City Attorney! At to be expressly provided t_hat the City reserves'.the right to rec~uire the grantee at any time hereafter, to'change and relocate the whole or any portion of the abovedescribed right-of-way off or to so~e other part of the land of the City should such removal or relocation, In the sole discretion of the Council, become necessary or desirable in the Clty'e use of sald land for purposes of the Ctty~ it to be provided, also, that the grantee agree, by its acceptance of the grant, to indemnify and save harmless the City from any and all loss or damage, accldent or injury to persons or property by reason of the negligent constructton~ operation or maintenance of its fixtures o~ the aforesaid right-of-way & The motlon was seconded by Mr. ~.isk and adopted by the following vote: AYES= Messrs. Garland, Hubard~ ~.lsk~ Taylor~ Thomasw Trout and Mayor Webber ................................ 7. NAYS: None .......................0. STATE HIGHWAYS = The City Manager submitted a written report advising that the State Highway Commission has scheduled a public hearing for April 10, 1974, at 10 a.m., in the Salem District Office on Harrison Avenue, for the purpose of giving citizens the opportU~ity 'to co~ne~t on the allocatlon of funds for the fiscal year 1974-75,' and to present e brlef review of the imple- mentation of the ton-year ~rovem~ats program. Dr. Taylor moved that the report be received and filed. The motion was seconded by Mr. Thomas a~d unanimously adopted. POLICE DEPARTMENT-BUDGET: The City Manager subm£tted a written rsport concurring in the reco~endations Of a committee that the proposal Of AntrUm Motors, Incorporated, in the amount of $4,.296.04 for one van type truck, 3/4 ton class mininum 345 C~D with a total of four doors to be utilized ~n the HIT Program, be rejeeted~ that the proposal of Magl~ City Motor Corporation, in the amount of $4,199.00, for one van ~ype' truck~ 3/4 ton class mlnimum 302 C~D with a total of slx doors to be ut~llze~ in the HIT Program, be accepte~ and that the proposal of Internatlonal Harvester Company, in the amount of $3,881.07, for one two-wheel drive uttli%y type vehicle for use by the Police Department as a K-9 wago~ be accepted. In this coonect~on, the C~ty Manager subndtted a further report concurr~g ~n the recoF~endatfon of a committee that the proposal of Magic Clty Motor Corporation for £~trnish~l~g and delivering to the City of Rounoke six new 1974 model Intermediate size four-~oor unmarked police automobiles to be used by the ~epartmen~c in the HIT Program, for a total prlce of $21,375.60~ be accepted. Hr. T~out moved that Council concur In the reco~endations of the City Hanager and offered the following ea~rgancy ordinance appropriating $210.00 to vehicular Equipment-Replacement under Section %45, "Police Departm~ntw' of the 1973-74 budget: ' · (921436) AN ORDINANCE to amend and reordain Section %45, mPolice Department~' of the 1973-74 Appropriation Ordinance, and providing for an emerge/Icy. (For full text of ordinance, see Ordinance Book NO. 39& Page 195.) Hr. Trout.moved the adoption of the Ordinance. The motion was seconded by Hr. Liak and adopted by the following vote: AYES: Messrs. Garlandw guberdw 'Llsk~ Taylor~ Thomas, Trout and Mayor Webber ................................ 7. HAYS z None .......... = ............ 0 ~ Mr. Trout then offered the following emergency Ordinance accepting the proposals of Magic City Motor Corporation, International HarVester Company and Antrim Motors, Incorporated= (%21437) AN ORDINANCE providing for furnishing the city certain new 1974 model vehicles for use by the Police Depart~nt~ by accepting certain proposals made therefor~ rejecting certain other proposals~ and providing for (For full text of Or~lna~ce~ see Ordinance Book NO. 39, Page 195.) Hr. Trout moved the adoption Of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following Vote= . AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and )Layor Webber ................................. NAYS = None ........................ 0. POLICE DEPARTHENT-FIP. E DEPARTMENT= . The City Manager submitted s written report as to the status of personnel in the Police Department and the Fire Department as of February 28, 1974o' Dr. Taylor moved that the report be received and filed. The motion was seconded by Mr~ Trout and u~=nimously adopted~ BUDGET-STATE COMPENSATION ROAI~D:'~ The City Attorney submitted a w~itten report in connection with 1974 leglslatlon of the General ASsembly upon existing laws relating to the salaries Of constitutional offlc~ra and their eI~ployees. . ' Mr.~ Thomas movod that the report be referred to 1974-75 budget study for review. The motion was seconded by Hr. Trout and unanimously adopted. ' ' AIRPORT= The City Attorney submitted a written report advising that the formal Grant Offer of the Federal Aviation A~miniatratien has now been received providing for federal assistance in constructing the Fire and Rescue Building and for reconstruction of the easterly portion of the south ramp at Roanoke NuniclpaX ~t~P°rt and aXso l~oviding for payment of 75t of 85t of ~e cos~ o~ ~e c~s~c~i~ of ~e F~e ~d ~scu~ BulXd~g ~d 7St'of alX allow~le ~ln~g cos~s of ~e p~Jec~ ~d ~t~9'a ~solu~on by ~hich ~e gr~ ag~e~ ~uld ~ au~lzed ~o be exerted fo~*w~ viii be ~. ~ou~ ~ve~ ~a~ Co~cil c~c~ In ~e re~'of ~he Atto~ey ~d offered ~e foiling Resoluti~: (~21438) A ~OL~ION adopt~g~d applying ~e execution of a Gr~t Agre~t ~tween the City of Ro~oke ~ ~e ~ited States of ~erica, Federal Aviation ~nistration, providing for Federal aid in the develo~t of the ~oke M~lcipal Alert, as Project No. 8-51-0045-02, Contract FA-~-~277. (For full text of Resolution~ see Resolution ~k NO. 39, Page 197.} ~. Trou~ ~ved the adoption of ~e Resolution. The ~tion was seconded by ~. hisk ~d adopted by ~e foll~ing vote: A~S: Messrs. G~l~d, H~ard, Lisk, Taylor, Tho~s, Trout and ~yor Webber ................................. ~YS: None ....................... -0. S~ OF PROPER~-~GIO~ J~L: The city Atto~ey s~tted a ~itten re,ri of ~e Asslst~t City Atto~ey in co~ection wi~ the ac~isition of property for jail pu~oses, advis~g t~t ~e city a~ired by deed of convey~ce recorded }~rch 21~ 1974, ~ts 46 ~d 47, of ~e W.' W. Coe ~p, situate on Ch~ch Av~ue~ S. W., p~su~t to Ord~ce NO; 21384. ~. Lisk ~ved ~at the re~rt be received ~d filed. ~e motion was seconded by ~. Tho~s and ~usly adopted. S~TS ~ ~YS: Co~cil having referred to ~e City Planing Com- ~ssion for study, re~rt ~d reco~endation ~e re~est of the ~oke Hospital Association ~at ~at certain portion of Old H~lton Terrace, S. E., ext~ding in a sou~erly direction to its intersection wi~ ~e present nor~erly side of Belleview Av~ue, S. E., ~ vacated, discon~ued ~d closed, ~e City Pl~g ~ssion s~tted a ~itt~ report rec~d~g ~at the request be grated. ~. T~ut ~ved ~at Co,oil hold a p~lic hearing on ~e re~est at 7:30 p.m., Monday~ April 29, 1974, ~ ~e Co~cll ~er. ~e ~tion was seconded by Dr. Taylor ~d ~usly adopted. P~ ~D P~YGRO~S: The City Plying Co~ssion s~tted a ~itten re~rt ~t~g a Resolutlon ad~s~g ~at it is the considered option of ~e City of ~oke Plying C~ssion ~at ~cll should desi~ate Wiley Drive as a d~nstration bicycle way ~d should au~orize e~dit~e of such ~nies as ~y be re~ired to ade~tely convey ~is desi~ation by ~s of appropria~ si~s ~d should l~er the aut~bile ~ speed l~t to 15 m.p.h, for safety p~ses. )4r. ~h~nas moved that the report be referred-to the City ~4anager for report and reco~nendation to 'Council. . The motion, was seconded by ~c. Llsk and unanimously adopted. .. REPORTS OF COHH~TEESt SCHOOLS-BUSESt The Transportation Study .Committee submitted a majority report relative to the desirability of the purchase of school buses for use and operation of the Roanoke City School Board, advising that the committee is divided as to the beet method for the transportation of students, that they do not feel that they can make a reconsnendation to COuncil at this time aS there are .many facets of this complex problem which have not been completely exploredj however, due to the apparent urgency of the need for a resolution of this problem, the conm~tttee feels that a report should be made to Council so that Council may bring this matter to a final conclusion. In th~s connection, .Hr. Garland, Chairman of the Transportation Study Co~ttee, submitted a m/nority.report advising that he dissents from the majority report, and recommending that Council appropriate sufficient monies the purchase of the 37 school buses for certain reasons as more fully set out in hie minority report.. With further reference to the matter, the City Manager submitted a written report advising that by letter dated March ?, 1974, the Federal Energy Office, Region III, Philadelphia, Pennsylvania, advised the Texaco Company o£ the approval of the City of Roanokete request for gasoline allocation for school buses, that the orlginal application requested an additional 10,000 gallons of premium fuel per month for the school bus operation beginning in August, 1974, and that action has been initiated to identify additional storage space for the Increased fuel allocation. Hr. Garlafld moved that sufficient fonds as requested by the Roanoke City School Board for the purchase of the 37 school buses be appropriated by . Council and that the purchase orders for the buses be placed i~mediately. The motion was seconded by Hr. Lick. With reference tn the matter, Hr. Thomas read a prepared statement in oppesitinn to the minority.report, advising that he is of the belief that Council should permit the Trenspertatton Study Committee to continue to work to create an overall long range mass-transportation plan for the city based upon reliable data which will be available to the conmdttee when the terms and conditions of the mass-transit grant are known end finalized. Hr. Lick submitted a prepared statement relative to certain cost fac- tors Involved in school transportation end advised that he takes exception to much o£ the consultants report as it relates to school transportation. Mr. Hubard offered a substitute motion that ~he City Manager be instructed to have representatives of Wilbur Smith and Associates come to Roanoke to meet with Council to discuss certain matters contained in their report, ~hat the matter be resolved on th~s basis as soon as 'is reasonably possible and that representatives of Roanoke City' Lines, Incorporated, also be present at said meeting. The marion was seconded by Hr. Trout and adopted by the following AYES: Messrs. Hubardt Taylort Tha~as~ Trout and Mayor Webber--~5. NAYS: Messrs. Gariend and Llsk---. .............................. 2. Dr. Taylor then moved ~hat the majority report, the m~nority report and the report of the City Hanager be received and filed. The motion was seconded by Hr. Trout and tmenJJ~OUSly adopted. AUDITS: The Audit Committee suZ~tted a written report recozmnending that Council approve the engagement of Peat, Mazwick, Mitchell & Company, to render accounting and auditing services to the City of Roanoke for the three fiscal years ending June 30, 1974, 1975 end 1976. Mr. Hubard moved that Council concuJ: in the recommendation of the comm/~tee and offere~ the following emergency Ordinance= (t21439} AN ORDINANCE authorizing employment of Peat, Harwick, M~tchell & Com~eny, to perform annual audits Of the city's finances for each of the fiscal years ~nd~. g June 30,. 1974, June 30, .1975, and ~une 30, 1976, upon certm/n'term~ an~ co~itiens,- and prov~ding for'an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 198.} Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the fellowlng vote= AYES: Hessrs. Garland, ~ubard, L~sk, Taylor, Thomas, Trout and Mayor Webber .............................. NAYS: None .....................0. HANDICAPPED PERSONS: The Mayor's Com~ttee on E~ployment of the Handicapped subm~tte~ a w~itten report advising that $81.34 has been deposited in the General Fund of the City of Roanoke and req~esting that approval be give~ to establlsh an'a~prop~l~te account for these monies ~o be used in conducting the business of the Mayor's committee on Employment of the Handicapped. There appearing to be such a small amount of money ~nvolved, Mr. Hubard moved that the matter be referred tO the City Auditor to confer with the Chairma~ of the Mayor's Committee on Employment of the Handicapped to ascertain the proper procedure for handling the request. The motion was seconded by Hr. Trout end adopted, Mayor Webber not voting PARKS AND PLAYGROUNDS-INTeGRATION-SEGReGATiON= A Resolut£on of the Recreation Sttb-coz~mittee of the Co~m~u~ity Relations Coz~m~ttee requesting that Council provide ~mmediate funds to provide for the acqu~sttion end deve]o~e~t of the site situate between llth Street and 12th Street, S. W., fronting on Jackson Avenue, S. W., to be used as a ~eighborhood recreational facility. }tr. Thomas ~oved that the Resolution be referred to the City H~nager for report and rec~dation to Council, The ~otion was seconded by }ir. Trout and unanimously adoptdo INTEG~ATIONoSEGI~EGATION: A c~mw=,,ication fron Mr.' William C. Thomas, Chairmanw Com~unity Relations Committee, requesting that ~ounci! make an appointment to the Ccmemmity Relations Cnmm~ttee to repiace Mr. David Butch who has not attended a meeting of the cozmaittee since July, 1973. Mr. Hubard reaved that the cona~unication be received and filed and concurred in by Council. The motion was seconded by Mr. Trout and unanimously adopted. TRAFFIC: Council having referred to a committee for tabulation, report and recon~ondation the bids which were rec6ived for a traffic signal controller for Franklin Road and Brandon Avenue, S. W., the committee submitted a written report recommending that the proposal of Traffic Engineers Supply Corporation, in the amount Of $9,295.00, be accepted, and further reco~nendlng that Council authorize the purchase of spare parts to be ordered with the controller to assure the continued operation of the controller, in the amount of $4,528.88. Mr. T~om~ moved that Council concur in the racou=~-n~ation of the c(~imi~ble and offer'e~ the follOWi~g em~.rgency Ordinance:i {~21440] ~LN ORDINANCE providi~g-~' the -pUrchase of a traffic signal controller for installation' at the intersection of Franklin Road, Brandon Avenue and McClanahan Street, S. W., upon certain terms and conditions; accept- ing a certain bid made to the city for furnishing and delivering said equip- ment; rejecting other bids made to the city; and providing for an emergency. (For full tex[ of Ordlna~ce, see Ordinance Book No. 39, Page Mr. Thomas moved the adoption of the Ordinance. The motion was seconded By Mr. Trout add adopted by the fol10wlng vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... NAYS: None ..........................0. UNFINISHED BUSINESS: NONE. CONSIDEI~ATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND I~ESOLUTIONS: PAY PLAN-CITY EMPLOYEES-PURCHASZNG AGENT: Council having directed the City Attorney to prepare the proper measure'amending Ordinance No. 20989 providiag for a Syste~ of Pay Rotes and RangeS for the employees of the City of Roanoke, by amending Schedule 2 of said Syste~ of Pay Rates By upgrading the range and pay steps applicable to the position of 'Buyer=; and providing the effective date Of the change, he presented same; whereupon, Mr. Thomas offered the followlng emergency Ordinance: (~214.41): XI~ O~DT~J~CX tO a~end ordinance No. 20989, p=ovid~g for a Syat~ of Pay ~te8 ~d ~9es for.~e ~loyeeso~ ~e City of ~oke, b~ ~d~g Schedule 2 of sa~d Syst~ of Pa~ ~tes b~ u~d~g the r~ge pay steps applic~le to ~e ~sition o~ 'Buyer'~ p~ovid~g the effective date of ~e c~ge heze~ o~e~ed; ~d p~ovid~g fo~ ~ (Fo~ full t~2 of O~ce, see O~ce ~k No. 39, Page seceded by ~. ~u2 ~d adopted b~ ~e felling ~te~ . ~yor Weber .................................... 7. 19 resld~2s off sou~eas~ ~oke rela2~ve to ~e ~a2~e ?rail ~d Garden vhich ts ~o be built in 3acks~ Park behind ~e Bu~a Vis~ ~c=eatlon Center, advis~g ~a~ a bas.all ~nd is located close to ~e pro.seal location o~ ~e Fragr~ce G~d~, .~2 if ~e F=agr~ca Galen ts plated, the baseball dl~nd rill not ~ use~le, ~a~ ~is ~seball dl~nd is used daily during the sch~l year by app~ox~tely 360 chll~en. ~a2 ~e park is a big place ~d ~ere are o~er areas ~at could be used just as ~11 for the Frag~ce Gard~, ~t ~e l~d ~ ~est[on should be reevaluated ~fore it. is too late, ~d, al~o, question~g ~e proced~e w~ch ~[11 be used in ~ta~n[ng ~e Fragr~c~ G~d~ in ~e fut~e. ~. ~sk'~vea ~t ~ pe~on-.~ re~errea to'~ City ~e= meet wi~ ~e sou~east resid~ts c6n~g-~ ~tt~. ' The ~t~on' was ' seconded by ~. T~ut ~d ~ly adopted. Ther~ ~ no ~er bus,ness, ~yor W~r declared ~e mee~ng adjou~ed. APPROVED Deputy City Clerk ~yor Monday, A~rll 1, 1974. The Council of the City of Roanoke mot in regular meeting in the Council Chamber in the Hunicipal Bullding~ Monday, April 1, 1974, at 2 the regular meeting hour, with Mayor Roy L. ~febber presiding. PI~ESENT: Councilmen Robert A. Garland, William S. Hubard, David K. Llsk, Noel C. Taylor, Hampton W. Thomas, Ja~es O. Trout and Mayor Roy L. Webber ..................................... 7. ~BSENT: None ....................0. OFFICERS PRESENt: H~. Byron B. Haner, City H~nager~ ;tr. Sam H~Ghee~ I~, Assistant City Hanager~ Hr. J~mes N. Kincanon, City Attorney~ Hr. B. Ben ~ones~ Jr., Assistant City Attorney~ and Hr. A. N. Gibson, City Auditor. i~r~ocA~o~ The meeting was opened with a prayer by Dr. Noel C. Taylor. HINU~ES: Copy of the m~nutes of the regular meeting held on March 2~, 1974, havin~ been fu~nished each member of Council, on motion of Hr. Trout~ seconded by Hr. H~bard and unan~u~ously adopted, the reading thereof was dispensed with and the minutes approved es recorded. HF-J~R~NG OF CITIZENS UPO~ PUB~.~C HATTERS: SL~RS AND S~OP~4 DRA~NS~ Pursuant to notice of advertisement for bids for the construction of a sto~m drain from Tinker Creek to ~imball Avenue said proposals to be received by the City Clerk tmtil 2 p.m., Honday, April 1974, and to be opened at that hour before Council, Hayer Webber asked ~f anyone had any questions about the advertisement for bids and no representative present raisin~ any question, the Mayor instructed the City Clerk to proceed with the opening of the b~ds; whereupon, the City Clerk opened ~nd read the one bid received from Branch & Associates, Incorporated, in the amount o~ ~288,~21.00. Hr. ~homas moved that the bid be referred to a co~ittee to be appointed by the Mayor fer study, report end recommendation ~o Council. The motlna was seconded by Hr. Hubard en~ nnan£mously adopted. Hayer Webber appointed Hessrs. Sam H. HcGhee, ~, Chairman, Hampton W. Thomas end Charles L. Gutshall as members of the committee. Relative to the mat~er of storm dreinsge systems, e co~munles~ion f~om Hr. Fred K. Woolley, p. E., ~ngtneer-M~nager, Maryland/Virginia Concrete Pipe Assocla~on, requesting the opportunity of discuss~ng with the Mayor and members of Councl! or any desigua~ed committee the present policy of the City of Roanoke concern~n9 the design of storm sewer and related drainage systems, was before the body. Hr. Thc~s moved that the communication be referred to the committee appointed by the Mayor ccvaposed of Nessre. NcGhee, Thomas and Gutshall for the pux~ose of meeting with Hr. Woolley. The motion was seconded by Hr. Hubard end unanimously adopted. Y-OHIN6~ Councl! at ~ts last regular nesting on Honday, Hatch 25, 1974, having deferred action on a public hea~ng relative to the question of amending Title XV, Chapter 4ol, Section 32~ Building setback l~nes and sign provisions for ~aJor a~terla! highways, exceptione~ setback of signs for Interstate Highways, pending receipt of a report from tbs City Hanager relative to a request from ~r. C. Stuart McChee, the ~atter was again before the body. In this connection, the. City Hanager submitted a written report assessing the effects of the rec~-ded minor revisions to Section 32 of the Zoning Ordinance on the request for a waiver of various setback requirements by ]tr. C. Stuart Hc~hee, advising that the proposed revisions to Section 32 of the Zoning Ordinance are necessar~ to provide the definition of the presently proposed general highly right of va¥ line, that the 1985 Thoroughfare Plan right of ~ay line must be defined in order ~h~t a specific request for waiver of setback restrictions fron ~t be feasible, ~nd as such, these minor revisions have no direct effect on the waiver request except to define its context and therefore, should be approved by Council action, that as the streets indicated by Mr. ~cGhee to he closed have not been closed and as council is not at present considering this action formally, it appears that Council's inclusion in the property of Mr. McGhee is premature, that in l~ght Of that, and in view of the fact that there is no demonstrated need to move the duplex structure prior to development Of de~ailed h~ghway construction' plans,' it is. recom~ed that the matter o~ watve~ be 'referred to th~ ]~a~d of Zon~.ng Appeals where an' applicatlon has already been filed by Mr. McGhee for public hearing on April 9, 1974. Dr. Taylor moved that Council concur ~n the report of the City Manager. The motion was seconded by Mr. Garland and unanimously adopted. Mr. Lisk than moved that the following Ordinance a~anding Section 32 of the Zaning Ordinance be placed upon its first reading: (%21442) AN ORDINANCE amending and reordaining Sec. 32. Buildin~ setback lines and si~n ~rovislons for major arterial highways, exceptlon~ setback of signs from Interstate Highways, of Chapter 4.1, Zoning, of Title XV, Constructlo~ Alteration and Use of Land, Buildin~s and Other Str~ctures, of the Code of the City of Roanoke, 1956, as ~mended, by prohibiting the construction, erection, addition to or structural alteration of buildings within or adjacent to the right-of-way of any major arterial highway shown on the Roanoke Valley Area Thoroughfare Plan (for 1985), dated 1969, as amended, or from any prelim~nary Of final highway plans developed and approved by the Virginia Department of Highways~ and making provi- sion for Building setback lines ascertainable fro~ sai~ plans to be controlling in case of conflict with building setback lines previously established by the Council. (For full text of Ordinence, see Ordinance Book ~39, Page 212.} The ~otion was seconded by Mr. Garland and adopted by the followlng AY~S~ Hessrs. Ga=land, guba=d, Llak; Taylort Thomast Trout and Ha. yor Webber ................................ 1~¥S= None ....................... 0, ZO~IHG~ Co~c~I ~v~g 8e2 a p~l~c hea~ng fo~ ~y, ~r~l 1~ 1974, a 4.29 acre ~ac~ of l~d l~at~ aC 3527 ~lrose Argue, ~. N.~ being ~e of a 3,71 ac~e ~acC of l~d located a~ 3437 ~lro~e Av~ue~ N. N,, being ~e sou~esterl~ ~rtion of ~t 2 of ~e V~ ~ V~er ~p~ descried as part o[ O~flc~al Tax Nos. 2660104 ~d 2660106, be rezoned Er~ C-1, Off~ce ~d Institutiona~ Dls~ct~ to C-2, G~eral C~erclal D~strlct~ the ~tter was ~fore ~e ~y. In ~s co~ect~on, ~e City Piing C~ss~on s~tted a ~tten re~r~ reco~d[ng ~at ~e re.est ~ approved so as to ~clude only ~e ~ront ~rt~on of 3~2~ Melrose Argue, O~f~clal T~ No. 2660104, presently zoned ~d a ~rt~on of ~e ~1 Star Bowling ~es property [~d~ately to ~e east pres~tly zoned C-1, so as to provide for a ~o~ c~erc~al str~p. ~. Claude D. Carter~ Atto~ey, represent~g the pet~t~er~ appeared ~fore ~c~l ~ sup~rt of ~e re.est of his client.. No one a~ear~g ~n op~sit~on to ~e re~est for rezoning, ~. Tho~s ~v~d that ~e foll~g Ord~ce be ~lac~ u~ Its first reading: ($21443) ~ O~I~ to ~d Title ~, ~apter 4.1, Sec~n 2, of ~e ~e of ~e C~ty of ~oke, 1956, as ~d~, ~d S~et No. 266~ Se'ct[ona~ 1966 Zone ~p, city o[ R~oke, ~ relation to Zon~g. (For full t~t of Ord[n~ce, see Ord~ce ~k ~39, Page 214.) ~e motion was seconded by ~. T~ut ~d adopted by the follow~g vote: AYES~ Messrs. Garl~d, H~ard, L~sk, Taylor, Th~s, T~ut and ~yor Webber~ .................................... ~. ~YS= None .................. 0. ~IO-~ISION= ~. ~bert G. Jones appeared before Cocci1 ~d reiterated his re~est for ~e c~le televis~on fr~chise. ~. ~s moved ~at ~e re.est be referred to ~e Cable Television ~ttee for its ~nfo~t~on ~ co~ect[~ wi~ ~ts study of ~e ~tter. ~e motion was seconded by Dr. Taylor ~d ~usly adopted. ~ORT: ~. ~obert G. Jones ap~ared before Co~c~l ~d requested a fr~ch[se to operate ~e Porter or Sky Cap at ~oke N~c~pal ~ort. ~. ~s ~ved ~at ~e re.est be re~erred to ~e ~ort ~ss~on for ~e p~se of d~scuss~g s~. The ~tion was seconded by Dr. Taylor ~d ~usly adopted. PETITIONS AND COMMUNICATIONS z BUDGET-SCHOOLS~ Acc. mmnicati°n fro~ the Roanoke City School Board requesting that $24,811.00 be appropriated to 'S~h°°le - Libraglf Books and Audio-Visual Haterials, Title II,' under Section J25000 of the 1973-74 budget of the R~ano~e City school Board, one h~ndred per cent of actual expenditures to be rehabursed by Title II, P.L. '99~10 funds,'%/as before Council.' Dr. Taylor moved that C~uncil Concur in the ~equest of the Roanoke City School Board and offered the following emergency Ordinanc~-. (%21444) AN 0RDINA~ t~ amend:and reordain 'Section %25000, 'Schools - Library Book~ and A~io-vl~ual Boterieis,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 204.) Dr. Taylor moved the adopti°n'of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Hessrs. Garland, Hubard, LIsk, Taylor, Thomas, Trout and Hayor Ifebber ................................. NAYS: NOne ........................0. CITIZENS' ADVISORY COHHI/'IT~: A con~unication from the Reverend Calvin B. Fulton tendering his resignation as a member of the Citizens' Advisory committee since he is'a candidate in the'HaY'7, 1974, Councilmanic Election, was be£ore the body. P~, Trout moved that the resignation be accepted with regret. The motion was seconded by Hr. Lisk'and unanimously adopted. BUDGET-STATE COHPENSATIO~ BOARD-CI~Y TREAsuRER.· Copy of a communica- tion from the City Treasurer address~ed to the State Com~ens'atlon Board trans- mitting his 1974-75 budget request, was before Council. Hr. Thomas moved that the communication be received and filed. The motion was seconded by Hr. TroUt and unanimously adopted. BUDGET-STATE COI~E~SATIO~ BOARD-COMM/SSIONER OF THE REVENUE: Copy of a con~aunication £rom the Commissioner of the Revenue ad~Lressed to the S~ate Compensation Board transm/tting his proposed 1974-75 fiscal year salary and expense request, was before council. Hr. ThOmas moved the2 the conUnunication be re'ceived and filed. The motion was seconded b~ 'Hr.: Trout 'and unanimously adopted. RE~O~TS OF oFFices; BUDGET-SEWERS AND ~T0PJ4 DRA/NS: The city Manager submitted ~ written report requesting that $4,000',00 be"aPpropriate~ ~ Data Pro6esslng' under Section tgo, 'Sewage Treatment Fund,' of the 1973-74 Sewage Treatment Fund Appropriation Ordinance, to provide funds ~0r th~ remainder Of the fis~al'year. Hr. Thomas moved that Council concur in the request of the City Manager and offered the following emergency Ordinance: ' (J21445) AH OI~DINANCB to A--,,~nd and reordain Sect:Lon 890, "Sevaqe ~ea~ ~d," of ~e 1973-74 S~age Trea~2 ~d ~prop~atlon,Ord~ce, ~d p~v~d~g for ~ ~rg~Cy. (For full ~xt of Ord~ce~ s~e O~n~ce ~k No. 39, Page 20~.} ~. ~s ~ved ~e adoption o[ ~e O~ce. The ~t~on was seconded by ~. ~ut ~ adopte~ by ~e foll~g ~te~ A~ Messrs. GarliC, H~ard~ Llsk~ Taylor~ ~s~ ~out and ~yor Weber .............................. ~YS~ N~e ..................... 0. STA~ HIG~YS~ The C~ty ~ager s~tte~ a written re~rt ~ co~ect~on w~ a ~at~on ~ des~ p~l~c he~ng on Apr~l 23~ 19T4, ~d ~nfo~l v~ew~g on Apr~l 22~ 1974~ by ~e V~rg~la ~par~nt of H~ghways relative to ~e ~enty-fo~ S~eet, N. W., project~ rec~ending that conc~ ~n the l~ation ~d desi~ of ~e project, by Resolution, ~d that Resolution ~ pres~ted to ~e ~par~nt of Highways at ~e p~l~c hearing on ~r[l 23, 1974. ~. Trout ~ved ~t Co~c~l conc~ ~ ~e rec~endat~on o~ the City ~ager ~ offere~ the foll~g Resolut~ont ([21446) A ~0L~ION ~d[cat~g g~era~ approval of cer~n plus for ~e location ~d des~ of ~e 24~ S~eet, N. W., project ~n ~e City of ~oke, as develo~d by ~e V~rg[nia ~par~t o~ Highways as Project U-~128-105, C-501, ~ to be pres~te~ at a certain p~l~c hear~g to be held ~ereon. (For full text of Resolu~on, see Resolution ~ok No. 39, Page 205.) ~. ~ut ~ve~ ~e adoption of ~e ~solut~on. ~e ~t[on was seconded by ~. L~sk ~d a~opte~ by the fo11~[ng A~S= Messrs. G~l~d, H~ard, L~sk, Taylor, ~o~s~ Trout and ~yor Weber ................................. 7. ~YS = N~e ....................... 0. ~. ~s th~ ~ve~ ~at ~. T~ut ~ re~ested to attend the p~l~c hear~g on April 23, 1974, on ~lf of ~e City of ~oke ~d ~at o~er m~rs of CO~C~I w~sh~g to do so attend sa~d meeting. ~e motion was secon~e~ by ~. G~l~d ~ adopte~, ~. Trout not voting. B~T-S~: The City ~ager s~tted a ~tten report tran~tt~g COpy of ~e 1974-75 f~scal year budget of ~e ~oke City School Board. ~. ~s ~ve~ ~at ~e re~rt ~ referred to 1974-75 budget study. ~e ~t[on was seconded by ~. T~ut ~d ~usly adopted. S~TS ~ ~S = The City ~ager s~tted a written re~rt ~tt~g a l~st ~ ~p of ~e streets ~at are pro~sed to be blacktopped d~g ~e spr~ng ~d s~r of 1974. Pr. Huba~d movecl that ~he report b~ received and flle~. ~e m~on re~ re~es~g ~e c~c~ence of ~c~l ~ donating ~o ~e ~oke Socie~ for ~e P~ev~l~ of C~el~ ~o ~la one use~ bulk refuse con~ner s~Jec~ ~ ~e condit~ons ~ ~e SP~ ~e ~e lnitia~ ~e~lr of a d~r on sa~d ~er ~d cont~ue to ~ta~n ~e c~er ~ g~ operating conaltion. Dr. Taylor ~ved ~at Co~c~l c~c~ City ~ag~. The ~t~on was seconde~ by ~. L[sk ~ ~usly adopted. G~S-~O~S A~Y= The City ~ager s~tted a ~ltten re~rt advis~g ~ the C~n~al~s At~ey~s Investigator,has been ~ploye~ for ~e past ye~ ~der Action Gr~t No. 72-~311, ~at the gr~t paid 75 per cent of ~s salad, s~ e~t ~d ~avel all~ce~ that the gr~t was for a t~ of one year ~ ~t te~nate~ at ~e en~ of Feb~a~ that on J~ua~ 2, 1974, application was ~e ~or a new gr~t to continue the ~lo~ent of ~e Invest~gator~ t~t due to hol~-ups cause~ by failure to meet the various dea~l~es of ~e F~f~ Plying D~str~ct C~{~s~on ~ ~e D~vis~on of Justice ~ Cr~e Prevention the new gr~t ~d not receive approval prior to the te~nat~ of ~e o1~ gr~t, ~at he has r~ste~ ~at ~e Division of Justice ~ Cr~e Prev~t~on gr~t a Pre-Awar~ Agre~t which ~uld cause the begging ~ate of ~e new. gr~t to be'Feb~a~ 28, 1974, ~at salad, ~d rec~d~g ~at ~e City Auditor' of ~e ~vestigator~s sala~ ~ ~t~c~pat~on of ~e re~s~ent of the state port~on u~n approval by ~e Division of Justice ~d Cr~e Prevention of the new gr~t. ~. Th~s ~ved ~at Cocci1 con~ ~ ~e reco~endat$on of ~e ~ty ~ag~. The mot[on was seconded by ~. H~ard ~d ~usly adopted. P~ ~ P~YGRO~S= The City ~ager s~tted a ~itt~ re~rt con~r~g In ~e reco~endat$on o[ a c~ttee ~at ~e pro~sal of ~bert A. ~w~s, in ~e ~t of t~nty per cent of ~e ~11 ~ta~n Z~ fo~ concess$on, ~ accepted, E~er reco~ending ~at ~e alte~ate bid be rejected ~d ~at ~e City ~ager ~ au~orized to enter into a fo~ of agre~t, approved by ~e City Atto~ey, w[~ ~bert A. ~wis for operation of ~e concession [n accord~ce wi~ ~e b$d s~c~ficat[ons. ~. Garl~d ~ved ~at Co~c~l conc~ City ~nager ~d ~at ~e following O~ce be placed u~n its first reading= (%21447) ~ O~I~ accept~g b~ds for ceftin concession prlv~leges to ~ exercised at ~e ~11 ~tain Z~ ~rect~g ~e execution 0f a requisite con~act ~erefor~ ~ rejecting all o~er bids ~de for ~e award of said privileges. (For ful~ text of Ord~ce, see Ord~n~ce B~k [39, Page 215.) · he ~otion was seconded .b~ H~. ~out an~ adopted by the following A~S: Hess~s. Garl~d, H~d~ L~sk~ Taylor, ~yor Weber ................................7. ~YS~ N~e ...................... 0. pOLI~ D~: ~e Cit~ ~ager s~t~ a con~r~g ~ ~e rec~en~t~on of a c~*ttee ~t ~e pro~sal 0E 3M Bus,ess Pr~ucts, Inco~rated~ for supply~g ~c~fl~ng e~i~t to ~e Police ~par~t~ ~n ~e ~t of $10,293.00~ ~ accepted. Dr. Ta~lor ~ved ~t Co~c~l conc~ ~n ~e rec~endation of the C~ty ~ager ~d o~fered ~e foll~g ~rg~ Ord~n~ce~ (%21448) ~ O~I~ award~g a con~act for f~ishing del~ver~g cer~ ~cro~l~g e~i~nt for ~e c~ty~s Police accept~g a bid ~de ~erefor~ and re~ect~g o~er b~ds~ (For full text of Ord~ce~ see Ord~ce Book No. 39, Page 206.) Dr. Taylor ~ved ~e adoption of ~e O~ce. The ~tlon was seconded by ~. ~o~s ~d adopted by ~e fo11~g voter A~: Messrs. Garl~d~ H~ard~ Lisk~ Taylor, Tho~s, Trout an~ ~yor Weber .................................... ~YS: H~e .......................... 0. ~ D~ T~ City Atto~ey~s~ttted a ~tt~ re~rt of ~e ~s~st~t City Atto~ey advis~g ~at ~e C~ssioner of Heal~ has advised ~at enforc~t of ~e No~ous Wee~ Ord~ce ~uld be better ~l~ted by ~ding paragraph (b) of sec. 2 so as to all~ not~ce to property ~ers to be e~ected by cert~f~e~ as well as registered ~1 Ord~ce for ~e receded adoption of Co~c~l. ~. T~ut ~ved ~at Co~c~l conc~ ~ ~e re~rt of ~e ~sist~t C~ty Atto~ey ~d offered ~e fo11~g ~rg~ Ord~n~ce: (%21449) ~ 0~ to ~nd ~d req~aln paragraph (b) of Sec. 2. R~val of noxious weeds ~d refuse~ not~ce~ of ~apter 16. Noxious Weeds, of T~tle XIXI. Heal~, of ~e C~e of ~e City of ~oke, 1956, as ~ended~ ~d provld~ng for ~ ~rg~. (For full t~t o~ 0~ce, see Ord~ce ~ok No. 39, Page 207.) ~. T~ut ~ved ~e adoption of ~e Ord~ce. The ~t~on was seconded by ~. Lisk ~d adopted by ~e fo11~g A~S= ~ssrs. G~l~d, H~ard~ Lisk~ Taylor~ Tho~s, .Trout ~d ~yor. Webber ................................... 7. S~ OF P~P~-~ ~GI~R: The City Atto~ey s~tted a ~tt~ re~rt o~ ~e ~s~st~t C~ty At~ey adv~s~g ~t on ~rch 22~ 1974, the city .97 9.8 acquired by deed of conveyance, a tract of land oonta~ning 15.49 acres, more or less, known ae the 'Wllliamson Homestead Reservatio~u for use ~n connection with the Public Works Service Center, pursuant to Ordinance No. 21195. Mr. Llsk' moved that the report be received and filed. The motion was seconded by Mro Trout and unanimously adopted. REPORTS OF ~OUNCIL-CITY ATTOI~NEY-CITY CLERKt Council having appointed a corem/tree composed of He'arCo Willis M. Anderson-~ E. Griffith Dodson, Jr., James 'A. Ford, Nicholas A. Ta~h,~ and Robert W. Woody for the purpose of studying the operations of City Council, and the offices of the City Attorney and the City Clerk, the committee su~xnitted a written report transmitt/ng various recon~nendatlons relative thereto. Mr. Hubard moved that Council formally express its appreciation to Hessrs. Anderson, Dodson, Ford, Taul~nan and Woody for sharing their time and good Judgment, further that Counctli as a co.n/tree of the ~hole, meet on Tuesday, Rpril 9, 1974, at 2:00 p.m., in the Exeeuttye Session Conference Room to discuss the varlous recc~mendations contained in the report and that the committee me.bets be invited to be present ae that ti~e in order for them to answer any questions concerning the report or give additional tnfor~atlon relevant thereto. The motion was seconded by Hr. Lisk and ananLmouely adopted. · UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. - · INTRODUCTION ARD CO~DF. RATION OF O~DINANCES AND RESOLUTIONS ZONING: OrdSnance No. 21428 rezoning property locates on the north side of Thurston Avenue, N. E., descrlbe~ as Lots 31 and 32, Block C, Map of Willta~son Groves, Officlal Tax No. 3080920, from RD, Duplex Rssidemtlal D~strtct, to C-2,' General Commercial 'District, having previously bean before Counci! for its first reading, read a~d laid over, was again before the bo~y, Mr. Lisk offering the following for its second reading' and final adoption: (~21248) AN ORDINANC1~ to ampad Title XV, Chapter 4.1~ Section 2, of The Code of the Ctt'y of Roanoke, 1956, as amended; and Sheet No. 308,- Sectional 1966 Zone Map, City of Roanoke, ~n relation to ZonSng. (For full text of Ordnance, see Ordinance Book No. 39, Page 202.) Mr. Lisk moved the adoptlon of the Ordinance. The motion was secondea by Hr. Thomas and adopted by the following vote= AYES= Messrs. Garland, Hubard, Llsk, Taylor~ Thomas~ Trout and Mayor Webber .................. ~ ............. ?. NAYS: None ........................ 0. :. APPALACHIAN POWER COMPANY-EASEM~NTS= Ordinance No. 21435 authorizing end providing for the grant of an easement to Appalachlan Power Company to construct, operate and maintain an overhead electric line or lines over property of the City in Roanoke County at Its water filter plant, upon certain terms and conditions~ having previously bean before CoUncil for its first reading~ read and laid over, wa's again before the body, Hr. Lisk offering the relieving for its second reading and final adoptiont (~21435) AN ORDINANcE authorizing and providing for the qrant of an easement to Appalachian FoYer Cc~pany to const~uct~ operate and maintain an overhead electric line or lines over property o£ the city in Roanoke County at its ~rater Filter PlUnt~ upon certain terms and conditions. {For full tart o[ Ordinance, see O~dlnance Book Ho. 39, Page Hr. Izlsk moved the adoption of the Ordinance. The motion vas seconded by Dr. Taylor and adopted by the followhg ~ote~ AYES,* Hessrso Garland, Hubard, ~.lsk, Taylor, Thomas, Trout and Hayer Webber .................................. 7. NAYS ~ Hone ........................0. SALE OF PROPERTY-LIBRARIES.* Council having directed the city Attorney to prepare the proper measure authorizing the purchase of a parcel of land containing approximately tl~ee acres, fronting 216 feet, more or less, on the north line of the Llmchburg-$alem ~t~npike, in the City of Roanoke, being sho~n on the Tax Appraisal Haps of the city as a portion of official Tax 2420203, upon certain te~ms and provlsions~ providing for payaent oi the purchase price thereof upon delivery of a deed to the city and for recordation of such deed, he presented samel vhereupon, Hr. Trout offered the rollaway, g emergency Ordinance,* (~21450) ~I 0RDI:tAIIC~ authorizing the pttrchase cfa parcel of lend containing approximately three acres, fronting 216 feet, more or less, on the north line of the Lynchbu~g-$alem ~urnpike, in the City of Roanoke, Virginia, being sho~n on the Tax Appraisal Haps of the city as a portion of Official Ho. 2420203, upon certah te~ and provlsions~ providing for payment of the purchase price thereof upon delivery of a deed to the city and for recordation of such deedl and providing for an emergency. {For full text o£ Ordinance, see Ordinance Book Ho. 39~ Page 208.) Hr. ~rout moved the adoption of the Ordinance. The motion vas seconded by Hr. ~nomas and adopted by the following vote.- A~ES: Hessrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayer Webber ................................. 7. HAYS: Hone ....................... 0 o HOUSIHG-SLUll CLEARA~r~-BRIDGES,* Council having directed the City Attorney to prepare the proper measure approving inclusion of the estimated cost for constrnction of an Overhead Pedes~len Hall connecting Jefferson Street between NorfoLk and Shenandoah Avenues in the budget application of the City o£ Roanoke Redevelopment and Housing tuthority for the Neighborhood Develop- laent Program - Project A-6 - 6ainsboro A~ea, he presented semel vhereupon, Mr. Trout offered the follo~ing Resolutions (~21451) A I~SOLUTION approving inclusion .o£ th~ ,est~nated cost No~folk ~ Sh~do~ Av~ues ~ ~e b~ge~ applicable.of ~e Cl~ of ~oke ~dev~lo~ ~d ~us~g Au~o~l~.fo~ ~e Heig~rh~ ~velo~ P~r~- Pro~ec~ A-6~ - Ga~s~ (For full t~t of ~solut~ see ~solu~ ~k Ho. 39~ Page 209.) ~. T~u~ ~ved ~e adoption of ~e ~solu21on. ~e ~tion vas seceded b~ ~. Lisk ~d adopted b~ ~e foll~g votex A~z Hessrs. Gar~d~ H~ard~ L~sk~ Taylor~ ~o~8~ ~ou~ and ~YSI N~e ........................... 0. B~BUSES~ ~. G~l~d oEfered ~e foll~g ~rg~c~ Ord~ce appropriating $14,000.00 to Fees for Professi~al ~d Special SedUces ~der Section ~96, 'Tr~s~t~onf' of ~e 1973-74 budget~ to provide f~ds for ~e ~ch, 1974, s~sid~ to ~oke Clt~ L~es, Inco~ora2ed, flor opera2~on of buses ~ ~e C[t~ o[ . (~21452) ~ O~I~ to ~d ~d ~eordain Section J96, 'Trans~rta- ~[on,' o[ ~e 1973-74 Appropr~a2i~ Ordin~ce, ~d providing for ~ ~erg~cy. (For full t~t of O~ce, see Ord~ce ~k No. 39, Page 210.) ~. G~l~d ~ve~ the a~option of ~e Or,in,ce. .The ~tfon was seconded by ~. H~ard ~ a~opte~ by ~e foll~g vote: A~S: ~ssrs. Garl~d, H~ard, Taylor, Tho~s, Trout ~ ~yor Webber .... r ................T ...... ~ ....~ ....... 6. B~-S~ ~ S~ D~NSc ~. Tho~s offere~ ~e following ~ergen~ Oral,ce appropriating $67,~.00 to Pl~t ~sion ~er Section ~550, 'Sewage Trea~nt Capital ~rov~nts ~,' of ~e 1973-74 Sewage Treat- ment ~ Appropriation Ord~ce, sai~ ~t berg neede~ in co~ection with ~ge Or~er No. i to .~e ~Ety's con~act wi~ ~e PEzzagalli Cons~ction Co~y, Inco~rate~, for ~e cons~ction of a 30 ~llion gallon retention bas~ at ~e Sewage ~ea~t Pl~t. {%21453} ~ O~I~ to ~na ~a reorda~ Section %~50, 'Sewage ~ea~t ~p~l I~rov~nts F~,~ of ~e 1973-74 Sewage Trea~t F~ ~propr~ation Or~ce, ~d providing for ~ ~rgen~. (For full text of O~in~ce, see Or~ce ~ok No. 39, Page.~ll.) ~. ~s move~ the a~opti~ of ~e OrdEn~ce. The ~tEon was seconde~ by ~. ~sk ~ a~opte~, by ~e foll~g votec A~S= Messrs. G~I~, H~d~ Lisk~ Taylor~ ~o~s~ T~ut ~ ~yor Webber ................................... ~YS = Ngne-T ....T .... ~ ............. 0. NOTIONS AND HIS~_~-?.?~NEO~$ BUSIt~SSs ' ~Rt ~e City At~ey s~tted a ~ltt~ Ee~rt advia~g ~t he has ~ advised by ~e ~ve~o~*a Office ~t ~uae Bill 79~ berg 1974 ~oke City C~ter ~n~ntlegielation p~o~sed by ~cil, was sl~ed by ~e ~ve~or on ~ch 28, 1974, ~d ~a~ ~acted as ~rg~cy legislation, ~e ~a~te~ ~ts provided ~ ~e ~t a~e n~ ~ force ~d effect. ~I~P~ P~ONSs ~* Lisk pres~d a c~lcation re~est~g ~at the C~ty ~ager have ~s~lled as s~ as ~ss~le a r~ ~tween M~c~pal Building ~d ~e f~rst flor o~ ~e new M~ic~l Building along the wall next to ~e Data P~cess~ng ~ so ~ose people who have a physical h~d~cap or are ~n a wheelchair ~y ~ ~le to c~ ~ ~e welfare entr~ce o~ of Se~nd S~eet ~d ~ pr~eed up the r~ to get ~nto ~e Co~thouse BulldOg. ~. Lisk ~ved t~t ~e ~tter be referred to ~e C~ty ~ager for invest~gatlon. The ~t~on was seconded by ~. Trout ~d ~usly adopted. S~-BUSES= ~. H~d pres~ted a prepared stat~t relative to ~s~rtat~on of sch~l children, advising ~at Co~cil has looked to ~s~rtat~on C~ttee to g~ve ~t a f~ reco~ndat~on as to h~ to h~dle ~e cr~s~s of ~e fail~g f~n~ces of ~oke City Lines ~d ~e all~ed ~estlon of h~ to ~st provide ~s~rtat~on for o~ sch~[ childr~ to the city's p~l~c ~ch~ls, ~t wi~out ~e ass~st~ce of ~e ~re ~ f~fty au~orit~es, ~ar~s, c~ss[ons ~d c~ttees ap~ted by Co.oil it ~uld be ~. sib~l~ty for Co~c~l to foully perfo~ its 4urges, ~at never during t~e on Co.oil has Co~cil gott~ from a c~ttee a 'non-re~rt' ~d after ~due delay of six ~n~s~ ~t par~et[cally spe~g he has never obse~ed ~y reluc~ce on ~e part o[ ~y m~er of Co.cji to take a ~s[tlon on ~e f~d~g of ye11~ b~es or gre~ buses, but Co~c[l has never had resins[ye rec~dations to act u~n ~d ~at ~ ~e future he ho~s we will not ~c~e so [n~lved w~ ~e ~tions of a critical ~ssue ~at we w~ll aga~ pe~t o~ c~ttee respons~bil[t[es to ~t at sea, ~at Cocci1 act ~[ckly ~d res~ns~ly, but wh~ ~t operates ~ough its c~ttees, ~t dep~ds u~n f~ ~d t~ly advi=e from s~. ~. H~ard ~ved ~at ~e c~cat~on be received ~d f~led. The ~t[on ~s seceded by ~. Trout ~d ~usly adopted. There ~g no f~er bus.ess, ~yor Weber declared ~e meeting adjo~ed. ~ APPROVED A~T= Deputy C~ty Clerk ~yor : 02 COUNCTL w RF~UL~R The Council of the City of Roanoke ~et in re~ular meeting in the Council Chamber in the Nuniclpal Building, Honday, April 8, 1974, at 2 the regular meeting hour, with Mayor Roy L. Webber presiding; pRESENT: Councllm~n Robert At Garlandw William S. Hubardm David K. L~ek~ Noel C. Taylor~ Hampton W. Thomas~ James O, Trout and Mayor Roy ~.. Webber .................................... ? · · ABSENT: None ...................0. OFFICERS PRESENT: Mr. nyron E. Haner, City Manager! Mr. Sam McGhee, III, Assista~t City Manager! Mr. James N. Klncanon, City Attor~ey~ Mr. N. Ben Jones, Jr., Assistant City Attorney~ and Mr. A. N. Gibson, City Auditor. ' INVOCATION~ The meeting was opened with a prayer by the Reverend Edgar G. petry, Pastor, oak Grove Church of the Brethren. MINUTES: Copy of the I0/nutes of the regular meeting held on Honday, Apri! l, 1974, having been furnished each member of Council, on motion of Dr. Taylor, seconded by Mr. Llsk and unanimously adopted, 'the reading thereof was disp~nsed with and the m~nutes approved as recorded. H~.~RING OF CITIZENS UPON pUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: JU~rENILE DETENTION HOME: Copy of a Resolution adopted by the Board of Supervisors of Alleghany County concurring with and supporting the City of Roanoke in its efforts to develop a program of outreach detention and a program of regional transportation as a~ditional services to be provided by the Roanoke Juvenile Detention Eo~e and indicating its desire and willing- ness to make use of the services of sa~d additional programs upon them being made available under provisions of an agreeme/%t to be entered into for payment to the City of Roanoke of a per diem cost of the operation of said programs as so used by their politlcal subdivision, was before Council. Hr. Hubard iaoved that the Resolution be received and filed. The me,ion ~as seconded by Dr. Taylor and unanimously adopte~. MISCELLANEOUS-ACTS OF ACKNOWLEDGEMENT= A com~a~ulication from Mr. W£11iam M~ddendorf, II, Acting Secretary of the Navy, advising the Mayor and He~bers of Council that the name of ROANOKE has been assigned to the replenishment oiler AOR-7 in honor of the Roanoke ~/var and the City of Roanoke, was before Council. Mr. Lisk moved that the co~nunicat~on be referred to the City Attorney for preparation of the proper measure of appreciation. The motion was seconded by Mr. Trout and ununi~ously a~opted. AIRPORTs A co~unicetion fr-~ American Hotor Inns, I~co~poreted, expressing the hope that Council rill devise a plan vhereby American Hotor lens ~muld be permitted to have a stand at Roanoke Municipal (Woodrum) Airport to pick up and discharge passengers vith a courtesy car, vas before the body, }tr. Thomas moved that the matter be referred to the City Hansger for study, report and reco~nendstion to Council. The motion was seconded by Hr. Garland and unanimously adopted. "BUDGET-ANIHALS= A connnunicatton from the Roanoke Valley Society for the Prevention of C~uelty to Ailimals requesting that Council renew the ;6,000.00 donation to the SPCA budget for the fiscal year 1974-75, was before the body. Dr. Taylor moved that the matter be referred to 1974-75 budget study. The motion vas seconded by Hr. Trout and unanimously adopted. SCHOOLS-BUSES: A conununtcation from Hr. and }irs. Richard L. Chubb expressing concern over the failure of Council to take positive action in pu~chasing yello~ school buses to transport children to the Roanoke City schools, was before the body. Hr. Ltsk moved that the c~nnnunlcation be received and flied. The motion was seconded by Hr. Garland ~nd unanimously adopted. I~PORTS OF OFFICERS= EASEHE~TS-SPECIAL PERItITS: The City Hanager sukanitted a written report relative to comprehensive general liability insurance for Plantation Pipeline Company in connection with the construction, maintenance and operation of a certain petroleum products pipeline at certain locations in the city, reconnuending that Council concur in the request of said Company to ba self-insured for the first $100,000.00 of liability. Hr. Lisk moved that Council concu~ in the recommendation of the City Manager and offered the following Resolution: (%21454) A ~ESOLUTION modifying certain of the requirements of liability insurance contained in Ordinance No. 16016 adopted September 14, 1964, granting permit to Plantation Pipe L~ne cO~any to construct, ~aintai~ and operate a certain petruleum products pipeline at certain locat£ons in the city. (For full text Of Resolution, see Resolution Book NO, 39, Page 216.) Hr. Ltsk moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote= AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ..... '- ............................. 6. NAYS= Hr. Hubard ...............1. BUDGET-SALE OF PROPERTY-SEWEP~S AND STORH DRAINS: The City Manager suk~nitted a written report recon~ending the concurrence of Council in purchasing Lots i end 2, Block 5, Map of Eastover Place, for the sum Of 103 ~2,500.00, from ~r. and Nra. Warren B. Austin, said land being needed for the future expansion of the Sewage Treatment Plant. Hr. Thomas moved that Council concur in the reco~nendation o£ the City Hen,gar and offered the following emergency Ordinance appropriating $2,500.00 to Plant Expansion under Section JSS0, 'Sewage Treatment Capital Improvements Fund," of the 1973-74 Sewage Treatment Fund Appropriation Ordinance t (/21455) AN ORDINANCE to amend and reordain Section %550, 'Sewage Treatment Capital Lmprovemente Fund,' of the 1973-74 Sewage Treatment Fund Appropriation Or~inance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39~ Page 218.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the followlng vote: AYES: Messrs. Garland, Sub,rd, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. NAYS: None ........................0. Mr. Thomas then offered the following emergency Ordinance exercising the right of the City of Roanoke to purchase said land: (t2i456) AN ORDINANCE exercising the right to purchase Lots I and 2, Block S, Eastover Place Map, in the City of Roanoke, Virginia, adjacent to the existing City of Roanoke Sewage Treatment Plant property, and needed for unscheduled future plant expansion, upon certain terms and provislons~ providing for'notice of the city's exercise of said purchase optlonl providing for payment Of the purchase price thereof upon delivery Of a deed to the city and for recordation of such deeds~ and providing for an emergenc-t. (For full text of Ordinance, ~see Ordinance Book No. 39, Page 219.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor~ Thomas, Trout and Mayor Webber ................................... 7. NAYS = None .......................... 0 pA/LKS AND pLAYGROUNDS: The City ~a~ager sul~n~tted a written report ~ran~nLitting the following four proposals relative to lightillg of recreational facilities in the city: 1. During the months of April and May the lights on the tennis courts, and basketha11 courts ~ay be tkkrned on at ?:30 p.m. 2. D~ring the ~onths of June, July and AugUst the lights on the basketball courts and tennis courts may be turned on at 8:30 p.m. 3. The lights for the above-re£ekenced facilities will be turned off not later than 1l p.m. 4. For all so£tball and baseball diamonds the lights will be turned off by personnel assigned to the Recreation Department at the term~nation of softball or baseball activities. N~o Lisk ~oved ~hat Council concu~ ~n ~he report of ~e City ~e ~tl~ was seconded by ~. Ga~l~d ~d ~usly adopted. ~S: The City ~a~er s~tted a ~ltt~ ze~zt In co~ection wl~ a c~la~t fr~ ~s. I~ P. ~E~ey c~ce~g disturb~ces ~ ~e vic~lty of 501 K~g ~orge ~venue, S. N., advls~g ~at qroups of yo~g adult ~les ~ ga~er ~ late ev~g ~d e~ly ~g ho~s as s~ted by ~s. ~X~ey, ~2 s~se~nt ~ ~ecelp2 o~ ~s. HcKl~ey's increased ~lice pa~ols resulted ~ no arrests bu2 fewer persons loiterinq a2 a local sto~e near ~e residence o[ ~s. HcX~ey, ~a2 conditions have ~p~ve~ ~ough no2 ye~ to2ally resolved ~d ~at s~eill~ce and appropriate ~forc~k ac2ion will con't~ue. Xn ~ls co~ection, ~s. ~K~ey appea~ed ~fore Co~cil and refer~ce to a lis2 c~in~q ~e n~er o~ t~s she has lncid~ts of dist~b~ces to ~e Police ~pa~ent ~d advised tha~ ~e conditions have no2 been c~le2el~ ~esolved. ~. ~ou2 ~ved ~a~ ~e re~r2 oi ~e City ~ager be received ~d filed ~d ~at ~e ~tter ~ referred back to ~e City ~nager for fur~er ~nvest~gation ~ s~e~ll~ce. The ~t~on was seconded by ~. L~sk and ~an~us~y a~opte~. T~F~C= The City ~ager s~tte~ a ~tt~ re~rt ~n connection w~ a c~la~t of ~s. W. C. C~ton~ 62~ Mo~tain Av~ue} S. E.~ of vehicles park~ ~ front of her resl~ce, a~v~s~ng that daily sure,II,ce of the 600 bl~k of Mo~ta~ Argue for ~ e~ght day per~ ~g~ng upon receipt of ~s. C~pton's ~etter ~ per~ic s~eill~ce since ~at t~e reveals no ~11egally parke~ motor vehicles. ~. ~s ~ve~ ~at ~e re~rt be rece~ve~ ~ filed. ~e ~tlon was secon~e~ by ~. L~sk ~ ~usly a~op~e~. ~GE ~OV~ The City ~ager s~tte~ a ~tten report con~r~g ~ the rec~at~on o~ a c~ttee ~at Co~cll accept the proposal as s~tte~ by ~r~er ~ch~e~ C~y, Inco~orate~, for a track t~e ~actor for use ~ 1~f111 operations, re~r~ng thereby the s~ety ~n~, ~ ~e ~ ~t o~ $93,021.00, an~ fur~er prov~ng for accep~ce of ~e cash ~sco~t, i~ ea~e~, ~d ~at ~e City ~ager be author~ze~ to act on ~half of ~e =~ty ~n ~y furze decision as to whe~er or not to exercise ~e c~ty's option on ~e ~ar~teed repurchase provision. ~. Lisk ~ve~ ~at Co~c~l conc~ ~ ~e fecundation of the City ~ager ~ offere~ the foll~ng ~rgency (%2145~) ~ O~N~ accepting a pro~sal for f~sh~ng ~ ~el~vering one new track-t~ tractor~ upon certain te~ ~ con~ons by accepting a cer~n b~ ~e to ~e city ~erefor; ~ prov~ing for (For full text of Or~n~ce, see O~ce Book No. 39, Page 220.} H~. Llsk ~oved ~he adoption of .~he Ord~nanceo The motion was seconded by H~o Thomas ~d adopted by ~ foll~g A~t ~SSrS, Ga~l~d~ H~ard~ ~ak~ ~aylor~ ~h~a~ Trout ~d ~yo~ ~eb~r ................................ 7, ~YSz N~e ....................... 0. re~ ~n~ n O~nce ~g ~e Fal~ ~ousing O~din~ce so as ~o ex~d ~e p~ohibl~e~ discr~a~o~ p~ac~lces based on ~ace. colo~. D~. Ta~lor ~ovea ~ha~ Co~cil conc~ in ~e ~e~ of ~e A~o~e~ ~d ~a~ ~e foll~ing OFdin~ce ~ placed u~n ~ fi~s~ reading~ (J2~458) ~ 0~ ~en~g and ~eo~dain~g in l~s en~ire~ Ordin~ce No. 20725~ heretofore adopted b~ ~e ~c~l on HaFch 5~ ~973~ by pFohibi~Ang ~lsc~na~lon in certain ~ers ~ela~ng ~o houstn~ on ~e basis of a~e~ s~ ~d ~al s~a~. ~ addition ~o race. colo~. religion ~d national or~ginj ~a p~ov~d~ng for ~e effective da~e O~ln~ce. (FOF full ~ex~ of O~din~ce~ ~ee 0~n~ce B~X ~o. 39. Page The ~on ~as seconded b~ ~. H~ard ~d adop~e~ b~ ~he Ha~o~ W~bbe~ ................................ 7. ~974. ~e ~on wa~ Seconded b~ ~. Tho~s ~ ~u~l~ a~op~e~. ~i~ing n O~ce fo~ll~ au~o~z~g execution o~ ~i~en agree- $~5~000.00 ~o Off-S~ee~ P~k~ Fac~li~ ~de~ Section J89~ '~ans~e~s ~pltal ~prov~ F~d,' of ~e 1973-74 budget~ (%2~459) ~ O~I~ to ~nd ~d reordain Section '~sfers to Capital I~rov~nt~ F~d,' of ~e 19~3-74 Appropriation Ord~ce, ~d provid~g for ~ ~rgen~. (For full text of Ord~ce, see Ord~ce ~ok No. 39, Page 22~.) ~tr. Llsk m~ved ~he adoption of the Ordinance. The motion was seconded by ~r. Thomas and adopted by the following vote~ AYES~ Messrso Garland, Hubard, Llsk~ Taylor, Thomas, Trout and ~ayor Webber ................................?o NAYS~ Hone ........................Oo Hr. Llsk then offered the follo~ing emergency Ordinance authorizing the employment of National planning, Inco~orated, and Frantz and Chappelear, ~rchitecte t ($21460) AN OP~INANCE authoriz~ng the engagem~t of the services under separate written agreementst of a project manager and of architects to manage the construction of and to prepare and provide plans, specificationst contract documents and other professional services~ res- pectively, ~n and about the construction of the city's public off-street parking garage facility, upon certain terms and provisions~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 222.) Hr. Lisk ~ved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted By the following vote= AYES: Messrs. Garlandw Hubard~ Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ NAYS: None .......................... CITY ATTOP~NEY: The City.Attorney submitted a written report requesting an Executive Session with the members Of Council in order to discuss a matter relating to real estate acquisition. Hr. Trout moved that Councll concur in the request of the City Attorney £or an executive session. The ~otion was seconded by Hr. Lisk a~d adopted by the following vote= AYES: Messrs. Garland, Hubard, Ltsk, Taylor, Thomas, Trout and Mayor Webber .................................?. NAYS= None ........................ CITY AUDITOR-AUDITS-CITY CHARTER: The City Auditor submitted a written report relative to House Bill No. 79 pertain[ng to Charter amendments for the City of Roanoke, reco~enending that all of the matters ~nvolv~g finance he referred to the Audit Conm~ttee for consultation with the City Auditor and the ~ndependent auditors and, subsequently, make such recommendations as may be needed for the implementation of the Charter changes. Hr. Hubard moved that the matter be' referred to the Audit Co~aittee for study and advice to Council at the earliest convenient date. The motion was seconded By Hr. Thomas and unanimously adopted. P~EPORTS OF COMMIttEeS= AI~ORT= The Airport Advisory Comm~ssion s~tted a written report relative to the restaurant concession at ~oanoke Municipal (Woodrum) Airport, recc~mend~g that Council concur at thls tin~ to the asslgnmont of the concession from Messrs. W. L. Hagood~ Sr., and W. L. Hagood, Jr., to A~erican Notor Inns, Incorporated~ that the administration be directed to work out all details relative to the requested extension of the lease end report said details to CoUncil at a.later date In this connection, l~r. 67 M. B~ady, Vice president, Dobbs Houses~ Incorporated, appeared before the body and requested that Council withhold any action on the matter Until his cc~npeny can s~hmit a proposal for operation of the restaurant. Hr. aames Mo Roe, ar., Attorney, representing Messrs. W. ~.. and W. L. Hagood~ ar., appeared before Council and advised that any delay in assigninq the lease will cause a hardship on his clients. The City Attorney advised of a telephone conversation prior to the Council meeting with Hr. Henry Gunst, of The Gunst CoZ~oration, and pointed out the desire of Hr. Gnnst to appear before Council relative to the assignment of tho lease. After a discussion of the metter, Hr. Trout moved that Council concur in the reccanuendatlon of the Airport Advisory Commission and offered the following emergency O~dinance: (121461) AH ORDINANCE expressing the city's consent to the assignment of a certain lease and concession agreement from W. L. Hagood, Sr., and W. L. Hagood, ar., to American Motor Inns, Incorporated~ and providing for an emergency. (For full text of ordinance, see Ordinence Book No. 39, Page 224°) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the fol~owing .vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... ?. NAYS: None ........................... 0. A~PORT: The A/rport A~vlsory Comm/ssion submitted a written report in connection with the fuel concession at Roanoke Munlcipal (Woo~rum} Airport, advising that on March 2?, 1974, the committee was advised of the i~abillty of Air Transport Associates' ~ncoxporated, to obtain and present the city with a performance bond in the amount of $10,000.00 as called for in the lease agreement, advising that it is the feellng of the committee that this bond should still be required to protect the interest of the city a~d that after extensive ~iseussions of the various aspects of the lease, the committee adopted a motion to have the a~ministration contact the .other two bidders to ascertain, if these bidders are still willlng to honor their original bid, predicated on a two year lease, and if they coul~ furnish the called for performance bond. In this connection, the City Manager called attention to a communication which he received prior to the Council meeting from A~r Transport Associates, Incorporated, advising .that they have been able to secure e bonding company that can' write · suret]f bond for them and that hopefully the contract can be resolved to the satisfaction of the City of Roanoke. Based upon the ccmmmication from ~ir Transport Associatesu Incorporated~ H~. T~out moved that the matter be referred back to the · -lrport Advisory Cc~lssion for £u~ther consideration. The ~otion was seconded by Hr. Llsk and unanimously adopted, AIRPORT: The ~zirport Advisory Commission submitted a written report expressing the opinion that a Regional Airport Study at this time is not in the best interest of the public, and requesting that Couhcil adopt this position and convey its feelings to the appropriate regional, state and-federal officials. In a discussion of the matter, Hr. Trout advised that he is resigning as chairman of the steering cna!tree studying a regional airportu that there may possibly be a conflict Of interest and that he does not feel that he can co~,ent on the good points about the Roanoke Airport and still serve as chairman of the steering committee. Hr. Trout than moved that the report of the Airport Advisory Commission be received and filed. The motion was seconded by Hr. Lisk and unanimously adopted. BUDGET-PARKS ARD PLAYGROUNDS: The co~mittee appointed for the purpose of tabulating bids received for grading work to cover the Washington Park box culvert submitted a written report recommending that the proposal of Charlie Overstreet, Incorporated, in the a~ount cf $62,860.00 be accepted, and that monies be transferred from certain accounts to this project to provide sufficient funds. Hr. Ltsk moved that Council concur in the reconFnendation of the committee and offered the following emergency Ordinance transferring certain funds within the Transfers within Capital Improvements Fund account: (t21462) AN OI~DINANCE to amend and reordain certain sections of 'Transfers Within Capital II~provements Fund~' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 225.) Hr. Lisk ~noved the adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. 7. NAYS: None .....................0. Mr. Lisk than offered the following emergency-Ordinance accepting the proposal of Charlie Overstreet, Incorporated: (t21463) AN ORDINANCE accepting a bid and awarding a contract for the grading work to fill over and cover the Washington Park box culvert, ' I09 upon certain ter~s and conditions! relJect~.ng certain ot~er bids made there- for! and providing for an e~ergenc~.. (For full text of Ordinance, see Ordinance Book No. 39~ Page 226.) Mr. Llsk ~oved the adoption of the Ordinance. The motion was seconded by Mr. H=bard and adopted by the following vote: .'. · AYES: Messrs. Garland~ Hubard~ Llsk, Taylor, Thc~aas~ TrOut and Mayor Webber ................................ 7. NAYS: None ........... w-, .......... 0. UNFINISHED BUSINESS: NONE. CONSIDEI~ATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF OI~DINANCES AND I~ESOLUTIONS: ZONING: Ordinance No. 21442 amending and reordaining Sec. 32. Building setback lines and sign provisions for ~ajor arterial highways, exceptionl setback of signs from Interstate Highways, Of Chapter 4.1, Zonlng, of Title XV, Construction~ Alteration and Use of Land, Buildings and Other .qtr~ctures, of The Cods of the City of Roanoke, 1956, as amended, by prohibiting the construction, erection, addition to or structural alteration of buildings within Or adjacent to the right of way of any ~ajor arterial highway shown on the Roanoke Valley Area Thoroughfare Plan {for 1985), dated 1969, as amended, or from any prelLminary or final highway plans deYeloped and approved by the Virginia Department of Highways~ and making provision for buildlng setback lines ascertainable from said plans to be controlling in case of conflict with building setback lines prevlously established by the Council, having previously been before Cooncll for its first reading, read and laid over, was again before the body, Hr~ Lisk offering the following for its second reading and final adoption= (%21442) AN OI~DINANCE amending and reordaln~ng Sec. 32. Building setback lines end sign provisions for major arterial highways, exceptlon~ setback of signs from Interstate Highways, of Chapter 4.1, Zoning, of Title XV, Construction, Alteration and Use o£ Land, Buildings and Other Structures, Of The Code of the City of Roanoke, 1956, as amended, by prohibiting the construction, erection, 'addit~on .to or structural alteration of buildings within or adjacent to the right of way of any ~jor arterial highway shown on the Pa~noke Valley Area Thoroughfare Plen (for 1985}, dated 1969, as amended, or from any preliminary or final highway plane developed and approved by the Virginia Department o£ Highwayst and making provision for building setback lines ascertainable from said plans to be controlling in case of conflict with building setback lines previously established by the Council. (For full text of Ordinance, see Ordinance Book No. 39, Page 212.) Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES~ Hessrs. Ga~landw Huba~d, Ltsk, Taylorw Thc~as~ T~out and ~r Webbe~ ................................. 7. ~YS z N~e ........................ 0. ZOHl~Oz O~ce Ho. 2~443 rez~q ~e sou~e~ ~rt~on off 4.29 acre trac~ oE l~d l~ated a~ 3527 Helrose Av~ue, H. ~., being the sou~e~ ~t~on of ~2 3, of ~e V~ ~ V~er ~pj ~d ~e sou~westerly ~rtion of a 3.71 ac~e ~aot of l~d l~ated at 3437 ~lzose Avenue, N.'~., ~g the sou~esterl~ ~rtion of ~t 2 o~ ~e V~ De ~e~ ~p, descried as pa~t oE O~icial T~ Nos. 2660104 ~d 2660106, fr~ C-l, Office Institutional Dlstrict~ to C-2, ~eral C~cial District, having p~evious- ly ~ ~fore Co~cil for its firsh read.g, read ~d laid over, ~as again ~fo~e ~e ~, ~. T~ut offering ~e roll.lng for its second reading ~d final adoption: (~21443) ~ O~I~ to ~nd Title ~, Chapter 4.1, Section 2, of ~e C~e of ~e Cit~ of Ro~oke, 1956, as ~ended, ~d Sheet No. 206, Sectional 19~6 Z~e Hap, Clt~ OE Ro~oke, in ~elati~ to Zoning. (Fo~ full t~t o~ Ordin~ce, see O~din~ce ~k No. 39, Page 214.) ~. ~out ~Yed ~e adoption of ~e Ordin~ce.. The ~tion seconded b~ ~. H~ard ~d adopted b~ ~e [oll~ing vote: A~: He~s~. Gaffed, H~a~d, Lisk, Ta~lo~, ~s, T~out and ~or Webbe~ ................................... 7. ~YS: ~one .......................... 0. In ~is co~ection, ~e Cit~ Atto~e~ s~tted a ~ritten relative to ~e ~ve O~ce ~d.as to ~estion raised b~ Co~cii ~he~er o~ not ~e rezon~g ~uld ext~d to appi~ to ceftin l~d ac~ired b~ ~e city e~lier [~m ~11 Star ~es for a pro~sed ne~ p~lic street, advlsin9 ~at after ~natlon of the files on ~e i959 ac~i~ition f~ Ail Star ~es of a 50-foot ~lde street proposed to ext~d parallel to ~d app~x~tei~ 567 feet no~e~l~ fr~ Hei~se Av~ue, N. W., appears ~at ~e rezon~g oE ~e property for a dis~ce o[ approx~tely 440 feet nor~er~y f~m ~lrose Av~ue ~ul~ not affect or ext~d to the line of ~e pro~se~ new street nor~ of Melrose Avenue ~ .that ~e preset zon~g of ~e 1~ ~ ~at proposed r~ght of way ~uld r~n as ~t ~s now. ~. Trout ~v~ ~at ~e r~rt be recelve~ ~ f~le~. ~e moron ~s seconded by ~. ~o~s ~d ~ously adopted. ,. P~ ~ P~YGRO~DS= O~ce No. 21447 accept~g bids for cer~n concession prlv~leges to be exercised at ~e M~ll Ho~n Z~ hav~g previously been before Co~c~l for ~ts f~rst read.g, rea~ la~d over, was aga~ before ~e ~y, ~. Lisk offer~g the follow~g for ~ts second rea~g ~ f~nal adoption= iii !¢ ¢-:1.2 (~21447) '~i O~DINA~CB accepting bide for certain concession privileges to be exercisea at the ~lll Mountain Zoo~ directing the execution of · requisite contract therefor! and rejecting ali o~her bids made for the awar~ of ea~d privileges. (For full text of Ordinance, see Ordinance Book No. 39, Page 219.) Mr. L~ek moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Hessrs. Garland, Hubard, Lick, Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS: None ....................... 0. MOTIONS A~D M/S~Y.T.~NEOUS BUSINESS: COM~LA/NTS-STREETS AND ALLEYS: Mr. Wlnfred H. Hart appeared before Council and presented a communication calling attention to the urgent need to repair the alley between east 2449 and west 2453 Lofton Road, S. W., and alsow the need to cut down or trim a large tree on the west side of and in the alley in the vicinity of 2449 Lofton Road, S. W. Mr. Trout moYed that the matter be referred to the City Manager for investigation. The motion was seconded by Hr. Thomas and unanimously adopted. BUSES-SCHOOLS: Hr. Hubard ~oved that the City Manager be requested to give Council a summary of the~ meeting which was held with Wilbur Smith and Associates on Tuesday, April 2t 1974~ relative to the Roanoke Transit Study, that the City Manager provide Council with his reco~mendations as to which route should be followed in providing transport~t£on for school children thi: fall and that the City Manager also be requested to submit this report to Council by the next regular meeting of the body on Monday, April 15, 1974. The n~tton was seconded by Hr. Lisk and adopted by the following vote AYES: Messrs. Hubard, Lisk, Taylor~ ThC~as, Trout and Mayor Webber ..................................... 6. NAYS: Hr. Garland ............... There being no further business; Mayor Webber declared the APPR OVED ATTEST: Deputy City Clerk Mayor COUNCI~-, I~EGULAR H~ETING, Monday, April 15, 1974. The Council of the city of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, April 15, 1974~ at 2 p.m., the regular meeting hour, with Mayor Px)y L. Webber presiding. PRESENT: Councilmen Robert A. Garland, William S. Hubard, David K. List, Noel Co Taylora Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber ...................................... ?. ABSENTs None ..................... 0. OFFICERS PI~ESENT: Mr. Byron E. Haner, City Hanageri Mr. Sam H. HcGhee, III, Assistant City lianager! Mr. James N. Kincanon, City Attorney~ Mr. H. Ben Jones, Jr., Assistant. city Attor~ey~ a~d Mr. A. N. Gibson, City Auditor. INVOCATION: The ~eeting was opened with a prayer by Dr. Douglas NeW~kl~ Pastor, Greene Memorial United Methodist Church. MINUTES: Copy of the Iainutes Of the regular meeting held on Monday, A~ril 8, 1974, having bee~ fnr~ished each me~hber of Council, on ~x)tion Of Mr. Trout, seconded by Mr. ~.isk and unanimously adopted, the reading thereof was dispense/l with and the minutes approved as recorded. HEARING OF CITIZENS UPON pUBLIC MATTEIL~: NONE. PETITIONS AND COMHUNICATIONS: SCHOOLS-TOTAL ACTION AGAINST POVERTY IN ROANOKE V~JJ~EY: A co~mmica- tion from Total Action Against Poverty in Roanoke Valley requesting renewal of the present lease for the Harrison School property, under the same terms and conditions, for the period from May 1, 1974, through April 30, 1975, was before Council. Dr. Taylor moved that the communication be referred to the City Attorney for preparation of the proper measure renewing said lease. The motion was seconded by Mr. Garland and ~nant~ously adopted. BUDGET-ROANOKE SYMPHONY ORCHESTRA~ A con~unication from Mr. James A. Ford, Chairman, Roanoke Symphony Orchestra, requesting that Council donate $5,000.00 to the Roanoke Symphony Orchestra for the fiscal year 1974-75, was before the body. Hr. Trout ~oved that the reguest be referred to 1974-75 budget study. The motion was seconded by Mr. Hubard and unanimously adopted. ' PENSIONS: A communication from Mr. Billy N. Akers, President, Roanoke Fire Fighters Association, advising that his organization is of the opinion that when a 'fire fighter is injured on the job he should receive an accidental disability allowance regardless of his age or years of service and requesting that Coencil check into this matter in order to correct the situation and that an change that may be made be retroactive to January 1, 1974, was before the body. 113 in this connec~Lon ~;he City Auditor adv~Lsed that ~he ~e~ has ~ ~fore ~e ~rd of T~tee8 o~ ~e ~loyees~ ~t~r~nt Syst~, that ~orge B. Bu~ C~sul2~g Act~ ~s f~shed ~e c~ty w~ a cost estate relative to ~e ~tter~ ~t ~e act~ Is pres~tly ~ ~e process of ~rafting a p~se~ O~ce which w~ll be re~active to J~ua~ 1, 1974, ~ when sal~ Or~ce ~s rece~ve~ ~t w~11 be pres~ted to Co~c~l for cons~deration. ~. Th~s ~vea t~t ~e c~cat~on ~ received an~ f~le~ ~e C~ty Clerk ~ ~st~cte~ to ~fo~ ~. ~ers of ~e a~ve ~nfo~t~on from ~e City Auditor. The ~t~on was secon~e~ by Dr. Taylor ~ ~usly adopte~. ~ D~= A c~cat~ f~ ~. ~tt L* C~se, V~ce Presider ~ ~eral ~ager, ~oke Coca~ola ~ttl~ng Works, Inco~rated, calling to ~e att~t~ of Co~c~l ~e~r need for a~equate water se~ce to provide for ~e ~stallat~on of a spr~ler syst~ at ~eir e~ded facilities on the nor~ side of C~ter Avenue, N. W. ~ was ~fore ~e ~y. ~. ~ut ~ve~ ~at the c~cat~on ~ referred to ~e Water ~so~ces Cn~ttee for stu~y~ re~rt ~ reco~ndation to Cocci1. The ~tion was secon~e~ by ~. L~sk ~ ~usly a~opte~. ~RTS OF P~S ~ P~YGRO~DS-~ A~ION A~NST PO~RTY ~N RO~O~ V~Y- I~G~TION-SEG~TION~ The City ~ager s~tte~ a written re~rt ~n co~ect~on w~ a Resolution adopted by the C~ity Relations Co--tree requesting ~e appropr~at~ of $90,000.00 for ~e acquisit~ and ~evelopment of a s~te ~n old sou~west for recreational p~ses, reco~ng ~at Cocci1 consider tr~sferring $90,000.00 of the $181~000.00 which was appropriate~ to ~ta~ Action Against Poverty ~n Ro~oke Valley to a cap~tal f~ accost to pe~t ~e purc~se of ~e necessa~ 1~ ~ ~e develo~t of ~e site for park ~ recreational pu~ses, an~ f~er reco~en~ing ~at Co~c~l au~or~ze ~e C~ty ~ager to ~it~ate ~e a~sition ~ ~evelo~ent o~ the site betwe~ 11~ S~eet ~d 12~ S~eet, S. W., front~g on Jackeon Argue to be use~ as a ne~g~rh~ recreat~ona~ facility. ~. ~s ~ve~ ~at Co~c~l conc~ ~ ~e rec~en~at~ons of C~ty ~ager ~ ~at the ~tter ~ referre~ to ~e City Atto~ey for of ~e proper meas~e. The motion was seconded by Dr. Taylor ~d ~usly a~opte~. c~T.Fm~TIONS-P~S ~D P~YGRO~DS: The City ~ager s~tte~ a ~tt~ report reco~g ~at Co~cil ~cate ~ts desire to have the ~er~c~ Freedom Tra~ utilize ~e City of ~oke as one of ~ts stopp~g places as ~t tours ~e co~t~ celebrat~g ~e B~c~te~ial. Dr. Taylor move~ ~at Cocci1 conc~ ~ ~e reco~endat~on of ~e C~ty ~ager. ~e ~t~on was seconde~ by ~. Trout ~ ~usly adopted. in this connection, the City Nanager submitted a further report requesting that council approve the leasing o£ the Nichel Plate Road Steam Locomotive 761 which is the property of the City o£ Roanoke and ia p~eaently on display at the ~oanoke Transportation Museum to the American Preedo~ Train Foundation to be operated on a nationwide tour during the Bicentennial Year 1976. Mr. Garland moved that Council concur in the request of the City Ma/lager and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Llsk and unanimously adopted. With reference to the matter, Mr. M. Carl Andrews, Co-Chairman, City of Roanoke Bicentennial' Co~tssion, appeared before Council in support of the requests of the City Manager. STATE HIGHWAYS~ The City Hanager submitted a written report recommend- ing that Conncil authorize him to enter into agreement ~ith the Virginia Depart- ment of Highways for the portion of the City of Roanoke for the construction and maintenance Of the Shenandoah Avenue Bridge over Peters Creek. Mr. Garland ~oved that Council concur in the recomendation Of the City Manager and offered the following emergency Ordinance: (%21464) AN OP~INANCE concurring in the award of a contract by the Co~onwealth of Virginia, Department of Highways, for the replacement of the bridge and approaches on Shenandoah Avenue, N. W., at the west corporate lid~lts of the cityl providing for the execution of an agreement with the Virginia Department Of Highways relative to the mainte~lance of Highway Project 0?42-808- 161, C-5011 162, B6391 4000 - 128 - 103, C-501, nnd signifying the cltyts intent to participate in the payment of a certain portion of the costs of said projectt and providing for an el~ergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 235.} Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Llsk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayor Webber ....................................... 7. NAYS: None ........................0. STATE HIGHWAYS-BRIDGES= The City Manager submitted a written report recoi~ending that Council request the Department of Highways to acquire all la~ds needed for right of way for construction of the Jefferson Street Bridge, other than those already requested in Resolution No. 21072, and, at the completion of the project all such lands be conveyed to the City of Roanoke. Mr. Lisk moved that Council concur in the recommendation of the City Manager and offered the following Resolution: t15 (121465) A IU~SOLUTION requesting the State Highway Commissioner to acquire all necessary rights of way for the new Jefferson Street Bridge over the Norfolk and Western Railway Company tracks and Roanoke River, as Highway proJect No. UO00-128-106-, PE-101~ 1~/-201, C-501~ B-606, Federal Project T-5501 (8), within the corporate limits of the city~ and guaranteeing to reimburse the State Highway Department for fifteen per cant acquisitian of the right of way of said project, and for 100% of the cost of ac- quiring certain residue properties referred to in Resolution No. 21072. (For full text Of Resolution, see Resolution Book No. 39, Page 236.) Mr. Llskmoved the adoption of the Rosoiution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Llsk, Taylor, Thomas~ Trout and Mayor Webber ................................... NAYS: None ....................0. TRAFFIC: The City Manager submitted a written report reco~enending that Council adopt the appropriate Resolution concurring with the Concept Report for the Roanoke Central Area Traffic Signal System and the Supplementary report dated April, 1974. Hr. Lisk moved that Council concur in the recon~ndation of the City ~Lanager and offered the following Resolution= (~214661 A RESOLUTION concurring in. tho final Concept. Report Of the Roahok~entral Are~ Traffic Signal Syste~ made'by tfilbur Smith'and Assoclateg, dated December 1973, and the City Manager's written supplement thereto dated April, 1974. (For full text of Resolution, se6 ~.eSolutlon Book No. 39, Page 237.} Mr. Ltskmoved the adoption of the Resolution. The motion was seconded by Hr. Hubard and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................... 7. NAYS= Hone .....................0. PARKS AND PLAYGROUNDS: The City Manager submitted a written report proposing, subject to the concurrence of Council, that the fragrance garden originally scheduled for constrtlction on the Langhorne side of Jackson Park be relocated to the p~nm~r side of the park, advising that the revised site is mutually agreeable to the southeast residents, the garden clubs and the city administration. Hr. 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 measure if necessary. The motion was seconded by Hr. Lisk and unanimously adopted. TRAFFIC: The Clty Manager submitted a written report concurring in the recor~endation of a committee that the proposal of WilliamArmstrong Paint Company, in the amount of $10,287o60,' for furnishing and delivering traffic paint to %he City of-Roanoke~ be accepted, and'further reco~mending that $3,500.00 be transferred fro~ Street Maintenance to Street Signs and Markings to provide sufficient funds. H~o Trout moved that Council concur in the reccmnendation o£ the City Nanager and offered the following emerqency Ordinance transferring $3,500.00 from Supplies and Materiala under Section $58, 'Street Construction and l~pair,' to Operating Supplies and Materials under Section ~59, 'Street Signs and Mazkings,' of the 1973-74 budget: ([21467) AN ORDINA~C~ to amend and reordain Section J58, 'Street Construction end Repair,' and Section ~59, 'S~reet Signs and Markings,= of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 39, Page 238.) Kro Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Hessrs.' Garland, Hubard, Lisk, Taylor, Thomas, Trout end Mayor Webber ................................. HAYS: Nene ........................0 · ~tr. Trout then offered the following emergefi.~. Ordinance acceptin proposal of I/illiam Armstrong Paint Company.· (~21468) ~N O~DINANCE awarding a contract for' furnishing add d;l'~verin, traffic paint to the city~ accepting a bid made thereforl and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 39, Page 239.) Mr. Trout mOved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, LIsk, Taylor, Thomas, Trout and Mayor Webber ....................................... 7. NAYS: None ........................0. FIRE DEPARTMENT: The City Attorney su~mitted a ~rritten report advising that satisfactory negotiations have been had with The State Board for Con~unlty Colleges and Virginia Western Cc=nnunity College relative to the city's leasing of land for a term of 99 years as a site for the new Southwest Fire Station, said 'parcel of land being situate on Colonial Avenue, S. W., and transmitting an Ordinance providing therefor. Mr. Lisk ~oved that Council concur in the' report of the City Attorney and offered the follo~in~ emergency Ordinance: (~21469) AN ORDINANCE providing for the cityes lease from The State Board for Connnunity Colleges of a certain parcel of land situate on Colonial Avenue, S. W., to be used as a site for the cityes new Southwest Fire Station and which may be used for certain other purposes incidental thereto, upon certain terms and conditions; and providing for an energency. (For full text of Ordinance, see Ordinance Book No. 39, Page 240.) H~o Llsk ~oved the adopt/~on of the Ordinance° The ~otion was seconded by Mr, Trout and adopted by the following AYES~ Messre° Garland, Hubardw Llskw Taylor~ Thomas, T~out and Mayor Webber ....................................7. NAYS ~ Node ............................ 0 In accordance with T~tle XVI, Chapter the city of Roanoke, 1956, as amended, Mr. Garland moved that the City Planning ~__--~l$ston be ~nstructed to report to Council on the general location~ character and extent of the proposed new Southwest Fire Station. The motion was seconded by Mr. B~13ard and unan~aously adopted. AUDITS~ The City Auditor suh~/tted a financial report of the City Of Roanoke for the month of March, 1974. Dr. Taylor moved that the report be received and filed. The motion was secoaded by Mr. Trout and onan~mously adopted. DEPARTMENT OF PUBLIC W~LFAI~E: The City Auditor submitted a statement o[ expenditures for public welfare for the month nE March, 1974. Dr. Taylor moved that the statement be received and filed. The motion ~as seconded by Mr. Trout and thnen~mously adopted. AUDITS-SCHOOLS= The City Auditor submitted reports as to the examina- tions of records of the Belmont Elementary School, the Cr~stal -~prlng Elementary Sch~ol%-,the FairvieW Ele~iez~tary School, the Fish, urn Park Elementary School, the Forest Park Elementary School, the Garden City Elementary School, the GrandLn Court Ele_mentary SchOol, the ~ighland Park Elementary School, the Buff Lane Elelaentary School, the Hurt park Elementary ,~ehool, the J~son Elementary $chool, the LLneoln Terrace Elemeatary School, the Monterey Elementary School, the Melrose Elementary School, the Morningstde Elementary School, the Oakland Elementary School, the Preston Park Elementary School, the Raleigh Court Elementary School, the ~ound Hill Elementary School, the Wasena Elementary School, the Washington Heights Elementary School, the West End EZel~entary School, the Westsfde Elementary School' the James Breck~nridge Junior High School, the Stonewall Jackson Junior High $chool, the Wooclrow Wilson Junior High School and the James Madison Junior High School for the school year ended June 30, 1973. Mr. Thc~as moved that the reports be received and filed. The ~3t~on was seconded by Mr. Trout and tman~nously adopted. Mr. Thc~nas then moved that the City Auditor be informed that in the future Council is agreeable to having a sun, nary report of the school audits rather than individual audits of each school. The ~3tlun was seconded by Mr. Trout and unanimously adopted. ~EPORTS OF COMMITTEES: AUDITS-CITY AUDITOR: The Audit Comm/ttee su~nitted a written report recommending that Council hold an executive session for the purpose of consider- lng the election of a Director of Finance as defined ~n Section 25.1 of the City charter! that the City Attorney be Instructed to prepare an OrdInance vhich ~ould provide that the duties of tho Director o£ FInance be aa outlined in Section 25ol o£ the City Charter and that sald Director of Finance shall retaIn the dutles of tho Hunicipal Auditor as outlIned In Section 25°2 of the City Chattel until, but only until, Council olecta a Municipal Audltor~ that Coonci! authorize the lu~nediate employment of a Municipal Audltor at the approximate salary level of Grade 32 of the City's Pay Plan and! that the Audit Committee be authorized to interviev ~nd reconunend to Council a person for Council's election' as Municipal Auditor and tl~t the person so race. handed will hold a certified public accoun- tant' S certificate° ~ro Hubard moved that Council conou~ in the four reco~endatlons the Audit Committee. The motion vas seconded by lifo Garland and un~nimously adopted. N~o Thomas moved that Council meet in executive session following the Council meetIng to discusa the election of a Director of Finance. The motion vas seconded by ~r. Trout and adopted by the follo~ing vote: A~SI Messrs. Garland, Hubard, ~.isk, Taylor, Thomas, Trout and Hayor Webber ..................................... 7 · HAYS: Hone ......................0. Mr. Hubard offered the followIng emergency Ordinance prescribing the duties and responslbilities of the Director of Finance: (%21470} AN ORDINANCE prescribing the duties and responsibilities of the Director of Finance to be appointed pursuant to the provisions of Sec. 25.1. Director of Finance, of The Roanoke City Charter, as amendedl providing that the Director of Finance perfolTa the duties of the Municipal Auditor provided for in Sec. 25.2 of said Charter until such time as a Muntclpal Auditor shall have been elected by the Council and shall have qualified~ and providing for an emergency. (For full t~xt of Ordinance, see Ordinance Book No. 39, Page 241.) Mr. Hubard moved the adoption of the OrdInance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYE'S: Messrs. Garland, Hubardt Lisk, Taylor, Thomas, Trout and Mayor Webber .................................... HAYS: None .......................... 0. Relative to the position of Municipal Auditor, a co~unication from Mr. Herbert L. Ke~p, Assistallt City Auditor, advising that although he has no C.P.A. Certificate, he believes he is more q~alified th~ul most persons who will apply for the position of Municipal Auditor, that all other requirements have been filled except the C.P.A. Certificate, that his understanding Of the Peat, Marwick, Mitchell & Company recommendation was a qualified person with some public accounting experience background, some governmental experience, supeL-viso~y experience and, if poanible,'a C.P.A. Certificate, end ~hat In view of his ~ten ~ea~e of loyal.end dedicated seFvice to the city, he is requestIng ~hat consideration be given to his application end/or appeal for ~his position In order ~hat he ~Lght contInue hie career wl~h ~he City of Roanoke, was before Council.- ' Hr. Lisk moved that the c~munication and application be refereed to Council acting as a committee of the whole for consideration. The motion Wee seconded by Hr. Trout and unanimously adopted. Hr. Hubard then moved that the Audit Comaittee hold a brief meeting after the Council meeting to discuss the procedure to be' followed in advertising for the position of Municipal Auditor. The motion was seconded by Hr. Thomas and unanimously adopted. SE~ERS A//D S~OP~4 DRAINS = The c~maitteo appointed for the purpose of tabulating bids received for the construction of the limball Avenue Storm Drain sulxaitted a witten report rec~ending that the one bid received from Branch and Associates In the amount of $188,011.00, be rejected, and that alternate locations for the installation of the storm drain be evaluated in an attempt to provide for a less costly installation. Hr. Thomas moved that Council concur in the reco~nendation of the comittee and offered the following Resolution= (t211?l) I RESOLUTION rejecting the only bid received for the construc- tion of the limball'Ave~ue Storm Drain, and directing that alternate location~ for the installation of this storm drain be evaluated, and that thereafte~ the matter be readvertised for bids. (For full text of Ordinance, see Ordinance Book No. 39, Page 242.) · Hr. Thomas moved the adoption Of the Resolution. The motion was seconded by Hr. Liak and adopted by the following vote= AYES= Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ................................. 7. NAYS: None ........................0. UNFINISHED BUSIHESS: SCHOOLS-BUSES: Council at its last regular meeting on ~nday, April 8, 1974, having requested that the City M~llager provide a statuary report of the meeting which was held with Wilbur Smith and Associates on Tuesday, April 2, 1974, relatlve to the Roanoke Transit Study, and further provide Council with his recommendations as to which route should be followed in providing transporta- tion to school children this fall, the matter was before the body. ' In this connection, the City Manager submitted a six page report st~narizing the meeting with Wilbur S~th und Associates, transmitting his views relative to the matter and advising that because of the revised school attendance situation, the schools have need for additional buses to transport 600 additional pupils this fall, that the mass transit contractor does not have the' equllment to satisfy this need and it would be foolish to ask a contractor who is going out oi business to procure additional buses at'this time, and, in this light, it would appear in the beat interest of the city that Council i~nediately ' authorize the school Board to purchase eight each 66-passenger school buses ~nd that, as rec~-ded in the ~anait study, the city plan to continue to transport the school children through mass transit means wherever possible and that this would require an appropriation of $72,000.00 to the School Board budget for the purchase of the eight buses. lit. T~out moved that Council concur in the that the School Board be authorized to purchase eight 66-passunqer school buses and that the matter be referred to the City Attorney for ~reparation of the proper measure. The motion was seconded by Dr. Taylor and unanimously adopted. In this connection, Mr. Garland verbally advised that the Transportation Study Committee met prior to the Council meeting to discuss the possibility of hiring Mr. William B. Hurd., professional transportation consultant and a former employee of the Department of Transportation, to assist the City of Roanoke in securing a grant from the Urban Mass Transit Administration, that the committee unanimously reccum~ends to Council the employment Of Mr. Hurd on the basis of $250.00 per day plus e2~ponses, but not to exceed the su~ of $8,000.00 without further approval of Council. After a discussion of the recOnU~undation, Mr. Llsk moved that the City Manager and the City Attorney be instructed to prepare the necessary papers to be presented to Council as soon aa possible providing for the employment of Mr. William B. Hurd. The motion was seconded by Mr. Thomas and unanimously adopted. CONSIDERATION OF INTRODUCTION AND CONSIDERATION OF 0RDINARCES AND I~ESOLUTIONS HOUSING-SLUM CLEARANCE= Ordinance No. 21458 ~mendlng and reordalnlng in its entirety Ordinance NO. 20?25 adopted by Councll on March 5, 1973, by prohibiting discrimination tn certain matters relating to housing on the basis of age, sex and marital status, in addition'to race; color, religion and national origin and providing for an effective date of May'l, 1974, having previously been before Council for Its first reading, read and laid over, was again before the body, Dr. Taylor offering the following for its second reading and flnal adoption= (~21458} AN ORDINANCE amending and reordaining in its entirety Ordinanc. No. 20?25, heretofore adopted by the Council on March S, 1973, by prohibiting discrtminatiun in certain ~tters relati/lg to housing on the basis of age, sex and marital status, in ~ddltton to race, color, religion and national origin~ and providing for the effective date of this Ordinance. (For full text Of Ordinance, see Ordinance Book No. 39, Page 227.} 1'2:1- Dr. Taylor ~oved the adoption o£ the Ordinance. The motion was seconded by Hr. 'Llsk and adopted by the £ollo~ng votes AYESz 'Messrs. Garland, H~d~ Lick, Ta~lo~, ~s, ~out ~d ~o~ Weber ......................................7 · ~YS: N~e ....................... 0. · ~TI~-~NSO~DAT~ON~ ~. Trout offered ~e foiling ~rg~cy Ord~ce p~v~ding'~or r~ewal o~ ~e ~lo~t o~ cer~ profess~ona~ te~ ~d p~visl~s: ($214~2} ~ O~IN~ prov~ding for renewa~ of the ~lo~nt of certa~ ~rofessl~al ~g~neer~g seduces necessa~ ~n pend~g ~exat~on ~tters,-u~n certa~ te~ ~d provisions$ ~d providing for an ~rg~cy. (For full t~t of Ord~ce, see Ord[n~ce ~ok No. 39, Page 24].} ~. T~ut ~ved ~e adoption of ~e Ordin~ce. The ~t[on was seconded by ~. H~d ~d adopted by ~e foll~ing ~te: AYES: Messrs. Garl~d, H~ard, L[sk, Taylor, ~o~s, Trout ~d ~yor Webber ....................................... ~. ~YS: N~e ........................ 0. MIS~.F.~OUS-A~S OF A~O~: Co~cil having directed ~e City Atto~ey to prepare ~e proper ~eas~e e~ressing ~e city's honor in the assl~t of ~e n~ of RO~O~ to a new vessel of the United States Na~, he pres~ted s~$ w~eu~n, ~. ~out offered ~e fol[~ing ~solution: . (~2~4~3}~ .A ~SOL~!ON e~ress~g ~e city's honor in ~e assi~nt of ~e n~e of ~O~ to a new vessel of ~e United States Na~. (For full text of Resolution, see Resolution Book No. 39, Page 244.) ~. T~ut ~ved ~e adoption of ~ ~solution. The ~tion was s~c~ded by ~. L~sk ~d adopted by ~e foll~g vote: A~: Messrs. Garl~d, HSard, Lisk, Taylor~ Tho~s, Trout ~d ~yor Weber .......................................~. ~YS: N~e ...................... O. S~TS ~ ~S: ~. Trout offered ~e following Resolution ln~a~g ~d provid~g for ~e pe~ent closing, vacat~g, discontinuing ~d ab~do~t of ~ose certai~ ~rt~ons of M~his Street, S. E., conta~g res~ctively 0.034 acres ~re or less ~d 0.049 acres ~re or less~ ap~inting viewers to view said s~eet ~d provid~g for a p~lic he~ing on ~e proposal for ~nday, April 29, 19~4: · ($2~4Y4~ A ~SOLUT[ON in~t~at~g'~d prov~d~n~ for ~e pe~ent closing, vacat~g, discont~uing ~d ~do~t of ~ose certa~ ~rt~ons of M~s S~eet, S. E., conta~g respec~vely 0.034 acres ~re or less ~d 0.049 acres ~re or less; ap~int~g viewers to view said s~eet~ ~d provid~g for a p~llc hearing on ~e said proposal. (For full text of Resolution, see ~solution ~ok No. 39, Page 245.) Hr. Trout ~oved the adoption o£ the Resolution° The m~tion was seconded by Hr. Lisk and adopted by the following votez AYE~z Messrs. Garland, Hubard, Llak, Taylor, Thomas, Trout and Nayor W~bber ........................................ 7. NAYS: No~e ......................... BUDGET-PARKING C~AGE: Mr. Thomas offered the following emergency Ordinance appropriating $45,5?6.00 to Off Street Parking Facility ~mder Section %89, 'Transfers to Capital Improvements Fund,~ of the 1973-74 budget, to provide funds in connection with the e~ployment of National Planning, Incorpora- ted, as project manager for the city in tho oonstruetiun Of the parking garage on Church Avenue west of First Street, 8. W.I (~21475} A~ ORDINANCE to amend and reordain Section ~89, UTransfers to Capital Improvements Fund,w of the 1973-74 Appropriation Ordinance, and providing for ail emergency, (For full text of Ordt/lance, see Ordinance Book NO. 39, Page 246.) Mr. Thomas moved the adoption of the OrdlAance. The motion was seconded by Mr. Trout and adopted by the followlalg vote: AYES: Messrs. Garland, Hubard, Llsk, Taylor~ Thomas, Trout and Mayor Webber ..................................... ?. NAYS= None ......................0. At this point, Mayor W~bber declared a brief recess. At 3~05 p.m., Mayor Webber again called the meeting to order with all seven members of Council present. AUDITS-CITY AUDITOR= With r~erence to the position of Director Of Finance, Mr. Httbard placed in no,nation the n~ o~ Mr. A. N. Gibson. There being no further nominations, Mr. A. N. Gihson was elected as Director Of Finance for the City of Roanoke by the following vote= FOR MR. GIBSON: Messrs. Garland~ Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................. INTEGRATION-SEGREGATION= Mayor Webber called to the attention of Coun=il that there is a vacancy on the Co.rurality Relations Committee created by the resignation of Mr. David Butch for a ter~ ending ~uly l, ~974, and called for no~/nations to fill the vacancy. Mr. Thomas placed in n~m/nation the name of Mrs. Mabel Green.. - There being no further nominations~ Mrs. Mabel Green was elected as a me~ber o~ the Ccu~enity Relations Co, tree for a term ending July 1, 1974, by the following vote= FOR MRS. GREEN: Messrs. Garland~ Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... ?. JUVENILE AND DOMESTIC RELATIONS COURT: Mayor Webber called to the attention of Coth~cil that the terms Of Messrs. Wayoe R. LaPterre and Reginald E. Davis as men,ers of the Youth Ccmmlission will expire on April 30, 1974, that Mr. Davis has declined '2o serve another terat and called for ncualnatJ, ons to £111 the Mr. Llsk placed in n~m[nat~oz~ the n~ of ~. Wa~e R. ~Ple~re. ~ere ~g no f~er n~nat~s, ~. Wa~e R. ~P~erre was reelected as a ~r oE ~e You~ C~ss[on for a te~ of t~ years end~g April 30, 19~6~ by ~e fo~l~g FOR ~. ~ ~ssrs. Garl~d~ H~rd, L[sk~ Taylor~ ~s~ ~out ~d ~r We~r .................................. CITIES~ ~VISORY ~z ~yor W~r called to the attent[~ of Co~c[l ~at ~e two year te~ of ~s. ~rdel[a S. W[lli~, ~s. ~nn[e K. ~we, ~s. Jollier T. Croson, ~s. ~tt[e ~. Neely~ Messrs. J. E. Dudley, Sr. ~ C. ~ck Clark~ A. A. ~ers, E. C. ~w, N. A. ~elv~ ~uglas ~gsdale, L. Hutson~ George W. Harris, Jr.~ J~s E. ~rtson~ Dr. S. R. Crockett~ Reverend G. Th~s ~er, Revered R. R. Wilk~son ~d ~verend ~lv[n B. Fulton as ~rs o[ ~e Cit[z~s~ Adv[so~ C~ttee ~[red on ~r~l 14, 1974, ~at ~s. W[ll[~, ~s. Neely, ~. clark, ~. ~w~ ~. Harris, Dr. Crockett, Reverend te~ and called for no, atlas to fill the vac~c[es. ~. Lisk placed ~n n~nat[on ~e n~s of ~s. Bonnie K. ~s. Jollier T. C~son, ~. G. E. Dudley, Sr., ~. A. A. ~ers, ~. N. A. Melv~, ~. ~uglas ~gsdale, ~. Tho~s L. Hutson, ~d ~. J~s E. Robertson. There berg no f~ther no,nations, ~s. ~[e K. ~we, ~s. Jollier T. Croson, ~. J. E. Dualey, Sr., ~. A. A. ~ers, ~. N. A. Melvin, ~. Douglas ~gsdale~ ~. Th~s L. Hutson~ ~d ~. J~s E. Ro~rtson were reelected as me,ers of the Citizens~ ~v[so~ C~ittee for t~ o~ two years each end~g April 14, 1976, by ~e foll~g vote: FOR ~. ~, ~. CROSON~ ~. D~, ~. ~, ~GSD~, ~. H~SON ~ ~. ROBERTSON: ~ssrs. Garl~d, H~ard, L[sk~ Taylor, ~o~s, ~out ~d ~yor W~r ...................... There being no f~ther bus,ess, ~yor W~r declared the meeting adjou~ed. APPROVED A~STt Deputy City clerk ~yor COUNCIL, P. EGUIARHEETIHG, Nonday, April 22, 1974. the Cotmoil of the City of Roanoke ~at in regular ~eting in the Council Chamber in tile Nunicipal Bullding~ Honday~ April 22~ 1974~ at 7s30 p.m., withMayor Roy L. webber presiding. PRESENTs Co~nollme~'Robert A. Garland~ William S. Hubard~ David Ltsk (arrived late}~ Noel C. Taylor~ Halapton W. Thomas, J~mes O. Trout and Mayor ROy L. Webber .............................. 7-?. ABSENTs None ............................ 0. OFFICER~ PP~SENTs Nr. Byron E. Haner, City ~anager! Mr. Sam H. McGhee, III, Assistant City Manager! Mr. James N. Kincanon, City Attorney~ Mr. H. Ben Jones, Jr., Assista~t City Attor~ey~ and Mr. A. N. Gibson, Director of Finance. INVOCATIONI The meeting was opened with a prayer by Dr. George K. Bowers, Pastor, St. Markls Lutheran Church. ~LINUTESs Copy Of the ~nutes o£ the regular ~eting held on Monday, April 15, 1974, having bean furnished each member Of CoUncil, on motion of Mr. Trout, seconded by Mr. Hubard and unanimously adopted, the reading thereof was disposed with a~d the ~nutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC SIDEWALK, CUP~ AND GUTTERs Pursuant to notice o£ advertisement for bids for miscellaneous small area street and sidewalk restoration at various locations within the City of Roanoke, said proposals to be received by the City Clerk unttl 2 p.m., Monday, April 22, 1974, and to be opened at that hour before Council, Mayor Webber asked if anyone had any c/~estions about the advertiseme~lt for bids 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 btdss Adams Construction Company - $ 127,277.00 Joh~ A. Hall & Company, Incorporated - 128,815.00 S. R. Draper Paving Company - 130,419.50 Mr. Thomas ~ved that the bids be referred to a co~nittee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Hubard and unanimously adopted. Mayor webber appointed Messrs. Richard B. Turpin, Chairman, Kit B. Kiser and J. D. Sink as members of the committee. SEWERS AND STOI~MDRA~N$1 Pursuant to notice of advertiseme/lt for bids to clean, test and grout various sanitary sewer lines within the City of Roanoke, said propesals to be received by the City Clerk unt£1 2 p.m., Monday, April 22, 1974, and to be opened at that hour before Council, Mayor Webber asked if anyone had any cluestions about the advertisem~nt for bids and no representative present raising any question~ the Hayor instructed the Deputy City Clerk to proceed with the opening of the bids~ vhereupon, the Deputy City Clerk opened and ~ead the following bide~ Bidder Division I Division 2 Underground TV Inspection~ Inc. - $ 199~055.00 $ 191~765.00 Southern Line Cleaning, Inc. - 232t000.00 Ouality Sanitary Engineering - 259~975.00 252,685.00 R.E. Chakales & Associates, Inc. - 450t820.00 450,530.00 ~r. Thomas moved that the bids be referred to a con~ittee to be appointed by the Hayor for tabulation, report and recommendation to Council. The motion was seconded by H~. Trout and unantl~ously adopted. Nayor webber appointed Hessrs. Sam B. P~Gheo, III, Chairman, Kit B. Klser and B. S. Zlmmegman as members of the connaittee. STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for the paving of various streets within the City of Roanoke, said proposals to be received by the City Clerk until 2 p.m., ltonday, April 22, 1974, and to be opened at that hour before Council, Hayor Webber asked if anyone had any ques- tions about the advertisement for bids and no representative present raising any question, the Hayor lns~.ructed the Deputy City Clerk to proceed with the opening of the bidsl whereupon, the Deputy City Clerk opened and read the follow- ing bids ~ Virginia Asphalt Paving Co., Inc. Adams Const---mction company ~ 193,508.00 John A. Hall & Company, Inc. 200,378.00 S. R. Draper Paving Company 205,110.00 Hr. Thomas moved that the bids be referred to a committee to be appointed by the Hayor for tabulation, report and reconnnendation to Council. The motion leas seconded by Hr. TrOut and unanimously adopted. Hayor Webber appointed Hessrs. Richard B. Turpin, Chai~nan, Kit B. Kiser and J. D. Slr~ as members of the colnmittee. PETITIONS A~D CO~E~UNICATIONS SALE OF PROPERTY: A communication from Hr. J. P. Guerrant advising that he o~ns prOperty located south of Pocahontas Avenue on the west side of Holltns Road, that he ~ould like to purchase city-owned land directly in front of his property and requesting that the matter be referred to the Real Estate Committee for study, report and recommendation to Council, was before the body. Hr. Garland moved that the offer be referred to the Real Estate Committee for study, report and recommendation to Council. The motion was seconded by lit. Hubard and unanimously adopted. REPORTS OF OFFICERS.* BUDGET-PARKS AHD PLAYGROUlqDS~ The City Hanager submitted a ~citten report recommending that $10,000.00 be transferred from Personal Services to Seasonal Belt~ within the Parks and Recreation budge~ to provide sufficient funds to get the city parks ready for the coming season. Dr. Taylor moved that Council concur in ~he reco~ndation of the City Hanagsr and offered the following emergenc~ Ordinance= (%21476) ~I ORDINANCE to amend and reordain Section %?S, 'Parks and Recreation,' of the 1973-74 Appropriation Ordinance, ~nd providing for an (For full text of Ordinance, see Ordinance Book No. 39, Page 247°) Dr. Taylor moved the adoption Of the Ordinance. The motion was second- ed by Mro T~out and adopted by the follo~ing vote= AYe: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor Webber ............................... NAyS: None ................0. (Mr. Llsk had not arrived) BUDGET-GRANTS-LIBRARIES: The City Manager submitted a written report recommending that he be authorized to execute the appropriate fo~ms for acceptance of a grant to provide funds for a bookmobile for the Roanoke City Library syste-~ to serve the City of Roanoke and the County of Craig and further recon~nending that $18,274.00 be appropriated to the library budget, said amoont to be 100 per cent reimbursable. Dr. Taylor moved that Council concur in the recommendations of the City ~t~nager and offered the following emergency Ordinance appropriating $18,274.00 to Vehicular Equipment - New u~der Section 180, 'Libraries' the 1973-74 budget= (%21477) AR ORDINANCE to amend and reordain Section %80, of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For ful~ text of Ordinance, see Ordinance Book NO. 39, Page 248.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by ~r. Thomas and adopted by the following vote= AYES= Messrs. Garland, Nehard, Taylor, Thomas~ Trout and Mayor Webber .................................... 6. NAYS: None .....................0. (Mr. Lisk had not arrived) Mr. Trout thegn offered the following Resolution accepting the grant: (%21478) A RESOLUTION accept~g a federal gra~t made to the City of Roanoke by the United States of A~erlca, through the State Library Board, for Pehllc Library purposes= a~d authorizing the City Manager to execute a requisite Grant Acceptance Agreement as evidence of the city's acceptance thereof. (For full text of Resolution, see Resolution Book NO. 39, Page 248.} Mr. Trout moved the adoption of the Resolutlon. The motion was seconded by Dr. Taylor and adopted by the following vote= Webber ................................... 6. NAYS: None ....................0. (Mr. Lisk had not arrived) 127 ,=,,=,= ~ BUDGET-~T~R DEP~RTH~HT~ The City Hanager submitted a ~ltten re~esting ~h $5~000,00 be tr~sfe~ed fr~ Personal Se~ices to ~erat~ Supplies ~ ~ter~als ~der Section $290, '~ater,' o~ the 1973-74 ~ater F~d App~op~a21~ Ordin~ce~ to p~ov~de f~ds for the ~e~nde~ of the cai year. ~. ~s ~ved ~at Co~cil conc~ In the ~e~est oE ~e ~ager ~d offered ~e foll~ ~ergency (f214~9) ~ O~l~ to ~n~ ~d reo~da~ Section ~290, '~ate~ - Dis~lbu2[on ~d ~ssion,' of ~e 1973-74 Appropriation Ord~n~ce, ~d providing fo~ ~ (For full t~ oE Ord[n~ce, see O~dln~ce B~k No. 39, Page 249.) ~. Th~s ~ved ~e adop[ion of ~e Ord[n~ce. The ~tion second~ by ~. ~out ~d adop[ed by ~e foll~g vo2e~ AYe: Hess~s. Ga=l~d, H~rd, Taylor, Th~s~ Trou2 and Weber ....................................6. ~YSt None ..................... 0. (~. Lisk had nok FI~ DEP~ The City ~ager s~tted a written report r~co~g that ~e City Atto~ey be ~st~cte~ to prepare the proper meas~e prov~g for ~e execution o~ a con~act wi~ Wells, ~eagher & M~ for ~e ~esi~ of ~e ~in fire s~tion. ~. H~rd ~ve~ ~at Cocci1 conc~ in ~e reco~en~ation of the City ~nager ~ offere~ ~e fo~l~ing ~ergen~ OrSin~ce= (%21480} ~ 0~ au~orizlng ~e ~lo~nt of arch~tect~al semi=es to prepare ~ provide pl~s, spec~ficatlons~ contract doc~ts ~ o~er professional se~ices in ~ a~ut ~e cons~uction o~ a new ~in Fire Station for ~e c~ty, u~n certa~ te~ ~ provisions~ ~ providing for an (For full t~t of Or, in,ce, see Ord~n~ce Book No. 39, Page 250.) ~. H~ar8 moved ~e a~option of ~e Or~ce. The motion was secon~e~ by Dr. Taylor ~8 adopte~ by ~e foll~ing vote= · AYES= Messrs. Garl~d, H~arS~ Taylor, ~o~s, Trout and ~yor Weber .................................6. ~YS= N~e .................. 0. {~. Lisk ha8 not arrlve~) M~S~r~n~OUS-R~O~ CO~CIL OF ~ ~S= The City ~ager s~tte~ a ~itt~ re~rt in co~ection wi~ suggeste~ ~rov~ts to ~e ~rt E. ~e Plaza ~ ~e ~ssibillty of es~lishing a City Cocci1 approve8 list o~ beautification ori~te~ projects, ~s~tt~g a pro,se8 plan of ~e ~h~c~t of ~e Plaza which wil~ ~nsist of adding ~re color to it ~ough ~e 8evelo~t of ~lower ~Ss ~ pl~t~g mor~ 8o~ ~ees ~ azaleas, a~vls- ~g ~at ~e ~oke Co~c~l o~ Garden Cl~s is sponsor~g ~e pro~ect ~ wh~ co~lete~, ~e project will se~e as a ~el for succeeding beautification projects ~ as such, shoul~ ~co~age ~re effective c~tizen participation in beautifying ~e ~rks, streets an~ neig~rh~s of Ro~oke. In ~hia coa~eetioa, K;s. 8. H. Werner~ Chair~an, Civic Consittee of ~a ~oke ~cil of Garden CI~s~ appoa;e4 before ~d advised ~t ~e G~d~ CI~ la agree~le to f~lshing ~e pl~ts If the City of ~ke rill assist la ~e ~. ~ut ~ved ~t Co~cil conc~ In ~e re~rt Of ~e City ~ager ~d ~at ~e ~tter ~ referred to ~e City Atto~ey to ascerta~ ~e proper me~ of h~dl~g. ~e ~lon was seconded ~ ~, H~ard and adopted. ~S~S-~IC-SCH~I The City ~ager s~tted a re~rt conu~ring ~ the re.est o~ repres~tatives of Virginia Polytec~ic In- stitute ~d S~te University to solicit f~ds from ~torists at twelve to flfte~ s~eet ~tersections within ~e City of ~oke on Saturday, April 1974, advis~g ~at the e~nt is one of a aeries of events at ~ to raise f~ds for mus~lar dystrophy. ~. Garl~d ~ved ~at Co~cil conc~ in the report of the City ~ager. ~e ~tion was s~conded ~y ~. ~ut ~d ~usly adopted. ~ORT~ The City ~ager s~tted a writt~ re~rt reco~ending ~at Co~oil ~ter ~to a lease agTe~ent wi~ The First National B~k of Virg~ia for leas~g space at ~oke M~icipal {W~r~) Airart for a b~ facility. After a discussion of ~e ~tter, ~. Trout ~ved that Co~cll conc~ ~ ~e reco~dation of ~e City ~ager ~d that the foll~g Ord~ce ~ pl~c~d u~n its first reading= (%21481} ~ O~ au~orizing ~e exertion of a lease ~e City of ~oke ~d ~e First National ~ch~ge B~k of Virginia for certain space In ~e te~nal building at ~e Ro~oke M~iclpal Alert, u~n certain te~ ~d conditions. (For full text of Ordin~ce~ see Ord~ce Book No. 39, Page The ~tion was seconded by ~. Th~s ~d adopted by ~e fo11~g vote: AYES: Messrs. Garland, Thcm~s, Trout and Mayor Webber .......4. NAYS: Mr. Hubard ............................................1. (Mr. Lisk had not arrived} (Dr, Taylor not Voting) At this pofnt~ Mr. Lisk entered the meeting. PAILKS ARD PLAYGROUNDS: The Assistant City Attorney submitted a written report relatlve to the fragrance garden in Jackson Park, advising that Coth~eil approved the original location of the fragrance garden by motion and it would appear quite proper that a change in the location be done, likewise~ by motion. Hr. Garland moved that the report be received and filed. The motion was seconded by Mr. Trout and anani~ously adopted. ~EPORTS OF COMMITTEES z BUDGET-BUSES-~CHOOL~= Mr. Garland presented a report of the Trans- portation Study Co"~ttee reco~nding the employment of Mr. William B. Hurd for the express pursposs of expediting the federal grant for the take over by the City of Roanoke of Roanoke City Lines, Incorporated,~ and further reco~menclfng that $8~000.00 be appropriated for this purpose. Mr. Garland ~oved that Council co~cur in the rec~mmendation of the conm~fttee and offered the foll~wing Resolution authoriz~ng employment of Mr. William B. Hurdt (%21482) AN ORDINANCE authorizing employment of certain professional consulting services for securing of a grant from tho Urban ~ass Transit Aclmfnistration to be used by the city in connection with acquiring a public mass transit system for the city, not to exceed $8,000.00~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 251.) Mr. Garland moved the adoption of the ordinance. The motion was seconded by }tr. Lisk and adopted by the following votes AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... NAYS= None ........................... 0. Mr. Garland then offered the following emergency Ordinance appropria- ting $8,000.00 to Fees for professional and Special Services under Section %96, 'Transportation,' of the 1973-74 budget to provide sufficient funds for the employment of Mr. Surd: (%21483} AN ORDINANCE to amend and reordai~ Section %96, 'Transporta- tion,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book NO. 39, Page 252.} Mr. Garland moved the adoptiun Of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. ?. NAYS: None ...................0. SALE OF PROPERTY: The Real Estate committee submitted a written report reconn~e_nding that Council authorize the sale of .land bounded by the street line of Hillview Avellue, S. E., the centerline of closed David Street and Moffett Avenue, S. E.~ and the centerline of.a closed alley, to the Garden City Baptist Chttrch, for the sum of $2,500.00, said land to be used for expansion of their vehicular parking facility. Mr. Lfsk moved that Council concur in the recon~nendatlon of the Real Estate Co--tree and that the following Ordfl~ance be placed upon its first reading: II (~21494) AN OI~DINANCE au~horizing and providing for ~he'cit¥~ sale and conveyance to the ~rustees of the Garden City Baptist Church of certain lots or pracels of land known as Official Nos. 4390425, 4390426~ 4390428, 4390429 and 4390430, as shown on the Tax Appraisal Hap of the City of Roanoke and of portions of land in former portions of Merrett Avenue, S. E., David Street; S. B., and in a former alley, abutting said lots, each of which was heretofore vacated and closed by Ordinance NO. 20560~ upon certain terms and conditions. (For full text of Ordinance, see .Ordinance Book [39, Page The motion was seconded by Dr. Taylor and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk~ Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS= None ....................... 0. GARBAGE REMOVAL= The Landfill C~tttee submitted a written report in connection with the 'Application for a Permit to Operate a Solid Waste Disposal System' by the City of Roanoke with the Virginia Department of Health, advising of certain changes in the proposed plan to operate the landfill, recomending employment of Thompson and Litton, Incorporated, at a cost not to exceed $7,000.00 for the preparation of the required addendum and changes to the plan, or not to exceed $1,000.00 if an addendum only will satisfy the require- ments, and transmitting certain reco~endations relatlve to the approval of the addendum. (For full text, see report as filed in the Office of the City Clerk.) Hr. Trout moved that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Lisk and tmanimously adopted. In this connection, Hr. Edgar U. Hoover, 3427 Greenland Avenue, N. W., and Hr. David N. Leffel, 407 Trinkle Avenue, N. W., appeared before Council and raised the following three questions relative to the reglonal landfill: 1. What is the actual over-all cost of site engineering, etc. to date? 2. What is the cost per ton of operations? 3. What is the anticipated life span of the landfill? Hr. Trout ~oved that the questions be referred to the Landfill Com,/tree forreply and report to Council. The motion was seconded by Hr. Thomas and unanlmously adopted. HOUSING-SLUM CLEARARC~: The Fair Housing Board sttbmitted a quarterly report of its act~vltiee for the first c/uarter of 1974. Dr. Taylor moved that the report be received and filed. The motion was seconded by Mr. Trout and unallimously adopted. UNFINISHED BUSINESS = COUNCIL-CITY CI~ERK-CITY ATtORNEY-CITY EMPLOYEES: Council having met as a committee of the whole with a committee appointed for the purpose of ;* ~32 studying the operations of City Council and the Offices of the City Attorney and the City clerk on Tuesdayw April,gw 1974w at 2 p.m., ~n the Executive Session Conference Roo~ of the City Council. Chamber, and at that t~ae the City Clerk was requested ~o place the matter on a regular agenda of Council in order that the following motions mede at the cnm~ttee ~eot~ng might be officially entered ln~o the reco~ls~ (1) That the rec---de,lens contained ~n the report of the committee relative to the Office o£ the City Clerk, with the exception of .the reco~udation as to salad, be referred to the City Clerk for her review and report to Council. (2) That the C~ty Attorney confer with the City Hanager and report to Council on his views as to assigning an ~ssistant City Attorney to the City Hanager~s and further report to Council as to his thinking in connection with any other metters relevant to his o£fice. (3) That the metter of tvo Council meetings per month be ce.~ecred to the Charter Changes Conm~[ttee to prepare the appropriate amendment to the City Charter for sub~/ssion to Council for consideration. (4) That the City Attorney be instructed to prepare the proper measure of appreciation to the members of the committee. Mr. Thomas moved that th~ City Attorney, the City Clerk and the Charter Changes Come, tree be regnested to carry out the above instructions of Council. The motion was seconded by Mr. Trout and unan~nously adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTY-pARKS A~D PLAYGROUNDS-INTEGRATION-SEGREGATION- BUDGET: CoUncil hav~ng directed the City Attorney to prepare the proper measure transferring $90,000.00 from City's Contribution to the O~eratlon of T.A.P. under Section ~81, 'Total Action Against Poverty,' to Acqu~sitlon of la~d on llth and 12th Streets, S. W.~ for Park and Recreational purposes under Section 'Transfers to Capital Improvements Fund,' of the 1973-74 budget, Mr. Lisk offered the followin~ emergency Ordinance: (%21485) AN ORDINARCE to amend and reordain Section %81, 'Total Action Against Poverty~' 'and Section ~89, 'Tran-~fers to Capital Improvements Fund,' o[ the 1973-74 Appropriation Ordinance~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page Mr. Ltsk moved the adoption of th~ Ordinance. The ~otion was seconded by Dr. Taylor and adopted by the following vote: AloES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trou~ and Mayor Webber .................................... ?. NAYS = None ....... ~ ............. 0. Mr. Thomas then offered the followlng Resolut'ion relating to the city's acquisition of all o[ the lots contained in the block lylng between llth Street 'and 12th Street,' S. W., and fronting on Jackson' Avenue, S. ~., in the southwest section of the City 6f Roanoke wanted and needed by the city for park and recreational purposes: (J21486) A RESOL~TIOH relating to the cityts acquisition of certain lands ranted and needed by the city for park and recreational purposes in the southwest section of the city. (Per full text of Resolution, see Resolution Book NO. 39, Page 253.) ~ro Thomas moved the adoption of the Resolution. The motion'was seconded by ~r. Llak and adopted by the following votes AYES: Messrs. Garland, Hubard~ Llsk, Taylor, Thomas, Trout and Mayor Webber ......... = ...................... ?. NAYS: None .......................0. BUDGET-BUSBS-SCHOOLS: Cooncll having directed the City Att0r~ey to prepare the proper measure transferring $?2,000.00 from Vocational Technical Center to Purchase Schonl Buses u~der 'Transfers Within Capital Improvements Fund,' Of the 1973-74 budget, to provide fonds in order for the Roanoke City School Board to purchase eight each 66-passenger schon! buses, Mr. Garland offered the following emergency Ordinances (~21487) AN ORDINANCE to amend and reordaln 'Transfers Within Capital /m~rovemonts Fund,' Of the 1973-74 Appropriation Ordinance, and providin! for an emergency. (For fuli text Of Ordinance, see Ordinance Book NO. 39, Page 254.) ~tr. Garland moved the adoption of the Ordinance. The motion was seconded by }iT. TrOUt and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ..................................... 7. NAYS: None ....................... 0. MOTIONS AND M/SCELLANEOUS BUSINESS: PROCLAMATIONS-ROANOKE VALLEY-~/SCFn?d~NEOUS= Mr. Lisk presented a co~unication recoI~nendlng to Council ~nd the City ~ulager that a week in May be declared 'Fix-Up, paint-Up, Clean-Up Roanoke' and urged that the City Manager develop a program to involve many civic organizations in working with the city to bring about an all out effort to beautify the city and that the Mayor proclaim, by Resolution, the designated tJ~ne as 'Fix-Up, Paint-Up, clean-Up Boanoke Week. · Mr. Lisk moved that the City Manager be instructed to prepare a progra~ a/%d designate a week in May as 'Fix-Up, Paint-Up, Clean-up Roanoke.· The motion was seconded by Mr. Garland and u~anJ~nously adopted. BUDGET-COUNCIL-MUNICIpAL BUILDING= Mr. Lisk presented a commu~ication with reference to a recor~nendatlon from the comm/ttee studying the functions of Council, and the Offices of the City Attorney and the City Clerk es to the public address system and recording system for Cooncll sessions, reco~nending that the matter be referred to Council's budget study committee for considera- tion and ~/~clusion in the 1974-75 budget. 1 .3' 1~. Llsk moved ~hat ~he matter be referred to 1974-75 b~gat study. ~e ~on vas sec~de~ b~ ~. Garl~ ~ ~usl~ a~opte~. PR~TIONS~ ~. Th~s called att~t~ to a Procl~lon p~cla~ng ~y 1, 1974~ as ~w Day in the City off Ro~oke and ~ved that said Pr~l~tl~ ~ received ~d filed. The ~tion was seconded by ~. Trout ~d ~usly adopted. DI~R OF FI~I The ~uty City Clerk re,fred that ~. A. N. Gibson as ~lified as Director of F~ce for ~e City of Ro~oke. Dr. Taylor ~ved ~at ~e re~rt be received ~d filed. The ~tion was seconded by ~. Lisk ~d ~usly adopted. There ~g no fur~er b~si~ess~ ~yor Weber declared ~e meeting adI o~ed. AP P~OVED A~ S T =~ Deputy City Clerk ~yor COUNCIL, ~GULAi~ MEETING, Monday, April 29, 1974. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Building, Monday, April 29, 1974, at 7530 p.m., with Mayor Roy L. Webber presidIng. PP~SENTs Councilmen Robert A. Garland, William S. Hubard, David K. Llsk, Noel C. Taylor, Hampton Wo Thomas, James O. Trout and Mayor Roy ~.. Webber ................................... ?. ABSENT z N~ne .................. 0. OFFICERS PRESENT: Mr. Byron E. Haner~ City Manager~ Mr. Sam H. HcGhee, III, Assistant City Manager~ Mr. J~mes N. Klncanon, City Attorney~ Mr. E. Ben Jonesw Jr., Assistant City Attor~eyl and Mr. A. N. Gibson, Director of Finance. INVOCATION: The ~etIng was opened with a prayer by Dr. Noel C. Taylor, Me-mb~r of Roanoke City Council. ItlNUTES= Copy of the minutes of the regular meeting held on Monday, April 22, 1974, having been furnished each member of council, on motion of Mr. Trout, seconded by Mr. Llsk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HT-JtRXNG OF CITIZENS UPON PUBLIC .MATTERS= STREETS AND ALLEYS= Councll having set a public hearing for ?:30 p.m., Monday, April 29, 1974, on the request of Mr. Charlie E. Bane, et ux., that an unused alley approximately 12 feet in width located within Block 9, Map NO. 2, East Gate Addition, rtmnlng in a westerly direction 235 feet, ~ore or less, from the west side of Yeager Avenue, N. E., be vacated, discontinued and closed, the i~atter was before the body. In .this co~nection, the City Planning Com~Ltsslon submitted a ~rritten report rec~ending that the request be approved with a reservation of all city and public utility easements. The view,rs appointed to view the alley submitted a written report advising that they have viewed the alley and the neighboring property and they are unanimously of the opinion that there would be no resulting inconvenience to any individual or to the public from the permanent closing, vacating and discontintling of the alley. Mr. Alex A. Wal~ropw Attorney, representing the petitioner, appeared before Council in support of the request of his client. No one appearing in opposition to the request~ Hr. Trout moved that the following Ordinance be placed upon its first reading: (%21488) AN ORDINANCE abandoning, vacating, discontinuing and closing a certain unopened and unused alley approximately 12 feet in width and running in a westerly direction 235 feet~ mere or less, from the west side of Yeager Avanue~ ~135 M. ~., a~d lying be~een ~e sou~-.h boundgy o~ ~ 13, 14~ 15, 16 ~ 17, Bloc~ 9, ~p NO. 2~ ~sb ~te ~ditl~ ~d ~9 gespect~vely o~cial Tax N~eg8 3341113~ 3341114~ 3311115~ 1311116 ~d 33i1117~ ~d ~e no~ ~ o[ ~ts 7~ 8~ 9~ 10~ 11 ~d 12, Bl~k 9, ~p No. 2, ~st Gate ~d~tion, ~d ~g res~ctively O~ficial Tax N~rs 3141107~ 3341108~ 3141109, llllll0~ 3141111 ~d llillll~ as ah~ on ~e Official Appraisal ~p of ~e city of ~uoke, Virginia. {For full text of Ordin~ce~ sea Ord~ce ~k ~39~ Page271.) ~e ~ was seconded by ~. Lisk nd adopted by the roll.tn9 vote~ AY~ Messrs. Garl~d~ H~ard, Lisk, Taylor, Th~s~ ~out and ~yor Webber ................................... 7 · ~YS i N~e .................... 0. S~S aaYS= ~cil hav~g set a p~lic hearing for 7:30 p.m., ~nday, April 29, 1974, ~ ~e request of Ro~oke Hospt~l Association ~a~ ceftin ~rtion of Old H~lton ~rrace, S. E., extending tn a sou~erly direction to its intersection wi~ ~e preset nor~erly side of ~lleview Argue, S. E., ~ vacated, discontinue~ ad closed, the mtter was before the ~y. In this connection, ~e City Pl~g c=s~ion s~tted a witten re~rt rec~nding ~at ~e re.est ~ approved. ~e viewers ap~inted to view ~e s~eet s~tted a written ~eport advising ~t ~ey have viewed ~e s~eet and ~e adjacent neigMrho~s they are ~u~usly of ~e ophion ~at no ~convenience ~uld result, et~er to my ~dividual or to ~e p~lic fr~ vacating, discontinuing ad closing ~e s~eet. ~. Fr~ K. Sanders, Attomey, represmtlng the petitioner, appeared before Co~cil a sup~rt of ~e re.est of his cli~. No one appear~g ~ opposition to ~e re.est, ~. Tho~s moved ~at ~e foll~hg O~huce be placed u~n its first read.g: ($21489) ~ 0~I~ per.fly vacating, disconthuing ad clos~g ~at cer~ potion of old a~lton Te~ace, S. E., ~t~d~g fr~ 2e present relocated sou~erly side of H~lton ~=ace, S. E., h a sou~erly direc~ion its htersectton wi~ ~e preset nor~erly side of Belleview Avenue, S. E. (For full t~ of Ord~ce~ see O~ce Book ~39, Page 272.) The motion was seconded by ~. ~ut ~d adopted by the vote ~ A~= Messrs. Garl~d, H~ard, Lisk, Taylor, ~o~s, ~out and ~yor Webbe~ .................................... 7. ~YS: None ...................... 0. ~. ~s ~ ~ved ~at ,~e ioll~h90rd~ce provtdhg for the dedica~on by deed of certa~ l~d for p~lic s~eet pu~ses adjac~t to Muoke ~orlal Hospital' be placed u~n its iirs~ read~g: (~21490) ~ O~IN~ provid~g for ~e dedication by deed of certain l~d for ~lic st~ie~ p~ses adjacmt to ~oke ~rial HospiUl sho~ ~o~le cross-hatched on a sketch shying ~r~ons oi H~lton Terrace, S. E., and Bellevlew S. E., to be closed, relocated and dedicated for public street purposes, prepared ~n the Office of the City Engineer under date of April 8, 1974, being portions of Official Mos. 4060101 and 4060201! under provisions of the City's Land Subdivision Ordinance. (FOr full text of Ordinance, see Ordinance Book {39, Page 274o) The motion was seconded by Hr. Trout and adopted by the following AYES: Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Hayer Webber ................................. 7. NAYS: None ........................ 0. STI~EETS AND ALLE¥S-SEW~ AND STOI~M DP.q/NS: Coancil having set a public hearing for ?:30 p.m., Monday, April 29, 1974, on the request of the City Of Roanoke to vacate, discontinue and Close those certain portions of Hem- phis Street, S. E., containing respectively 0.034 acres, more or less, and 0.049 acres, more or less, the matter was before the body. In this ceonection, the City Plart~ing Co~L[ssion subn~tted a written report recommending that the request be approved. The viewers appointed to view the street subnu[tted a written report advising that they have visited and viewed the portion of said street and adja- cent neighborhood and that as a result of all of which, they are unanimously the opinion that no Inconvenience would result, either to any individual Or to the public, from pez~nanently vacating, closing a~d discontinuing the portions of said street. No one appearing in opposition to the rec~est, Hr. Trout moved that the following Ordinance be placed upon its first reading: (S21491) AN ORDINANCE permanently vacating, discontinuing, and closing certain portions of Memphis Street, S. E., containing 0.034 acres, more or less, and 0.049 acres, more or less, the tltle to which said portions of said street shall revert to the abutting owner or o~ners~ and authorizing the payment of viewers ~n connection with said street closing. (For full text of Ordinance, see Ordinance Book %39, Page The ~otion was seconded by Mr. Lisk and adopted by the following vote: AYES~ Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayer Webber ..................................... ?. NAYS: None ......................0. PETITIONS ARD COMMUNICATIONS: TAXES: A CC~mnunicatlon from Hr. A. Victor Thomas relative to a bill which was adopted in 1971 by the General Assembly which permitted the assess- sent and taxation of real estate used for agricultural purposes at values compatible and consiste~t with its use, advising that Section 58-?69.6 of the Code of Virginia provides that such special assessment and taxation cannot be 'i137 ~138 utilized tmtil the gove~ning body of the ~lgcality adopts an oz~linance providing for such asses~e~t aad taxation, tIMt an an~t adopted by the 1974 General Assembly p~ovides that euch an o~d~nance shall, not be applicable for an~ year unless the O~dinance is adopted net later than June 30 Of the previous year, calling attention to a situation involving Mrs. Bertha M. Caldwellw 2841 Sand l~oad, N. E. ~ who owns 6,585 acres of land off Liberty Road, advising that her taxes on this p~operty vere approximately ~86.00 for 1973 and have gone up to app~oxi~ately $355°00 for 1974, and requesting the consideration of Council of an Ordinance which ~ould provide relief for situations like H~s. Cal~ellte, wee before the body. ~b:. ~rout noved that the co~mication be referred to 1974-75 budget study and to the City planning Co=mL[ssion for study and report to CoUncil. The ~otion was seconded by Mr.-Hubard and unanimously adopted. CITIZENS ERVIRONHENTAL COUNCIL= A co~aunication from Mr. Thomas Edwards~ Pres[dent, Board of Directors, Citizens Environme~ta[ Council, request- lng that the Mayor appoint a representative to the Board oE Directors Of CEC for a term of one year, was before Council. Mr. Lisk ~oved that the Mayor be requeeted to make an appointment to the Board of Directors of the C/tizens En~ironmental Council. The motion was seconded by Mr. Garland and unanimously a~opted. REPORTS OF OFFICERS = BUDGET-MUNICIPAL BUILDING: The City Manager submitted a written report aGvising that the city can assume occupancy of thc Third Street Building on Or about May 1, 1974, reco~nending that.$18wS01.80 be transferred from the contingency account to various other accounts in order for the city to occupy the building e/nd further reco~ending that Cooncll concur in the City Hanager~s ~mmed£ately advertising for bids for the demollt[on of the Rorer Avenue buildlng. Mr. Trout ~oved that Council concur in the report of the City Manager and o£fered the following e~ergency Ordinance= (%21492) AN 01~OINANCE to amend and reordain certain sections of the 1973-74 Appropriation ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 257.) Mr. TrOut reaved the adoption of the Ordinance. The motion was seconded by Hr. L~sk and adopted by the following vote= AYES: Messrs. Garland, Hubard~ Lisk, Taylor, Thomae~ Trout and Mayor Webber .................................... 7. NAYS: None ...................... 0. Dr. Taylor then moved that CounciI cuncur in the City Manager's recomme~dation to immediately advertise for bids for the demolitlon of the Rorer Avenue building. The motion was seconded by Mr. Thomas and unanimously adopted. PAI~S A~D PlaYGROUNDS: The City Hansger submitted a ~ltt~ re~t re~=~9 ~t ~cli ~ ~ ~e ~e~est to utilize ~e f~ds pzeviousl~ bu~ete~ fo~ various t~ls co~t ~ro~ts, not to ~or ~ov~ta to ~e S~ne Hill t~l~ co~ c~lex. ~, ~s ~ved ~2 Co~cil c~nc~ In ~e rec~ndation Clt~ ~a~e~. ~e motl~ ~as seconded b~ ~. Llsk ~ ~usl~ adopted, r~rt re~est~ ~ appropriation of $90~.00 to provide f~s for print~g ~e ~ning O~n~ce to ~ offere~ for sale to ~e p~lic. Dr. Taylor ~ve~ ~at Co~c~l conc~ ~ ~e re.est of the City ~ager ~d offered ~e foll~g ~rg~ Ord~ce~ {/21493) ~ O~ to ~d ~d reorda~ Section ~2~ =Clerk,' of the 1973-74 App~priat~on O~ce, ~d provid~g for an ~rgency. {For full text of Ordin~ce, see O~in~ce B~k No. 39, Page 258.) Dr. Taylor ~ved ~e adoption oE ~e Ord~ce. The motion was seconded by ~. ~ut ~d adopted by ~e ~o11~lng A~= Messrs. Garl~d~ H~ard~ Llsk, Taylor~ ~o~s, Trout and ~yor Webber ............................... ~YS= Hone .......................0. ~X~PED P~ONS: The City ~ager s~tted a ~itten re~rt ~n co~ec~on wi~ ~e ~stallation of a r~ ~e~ ~e old the first floor of ~e new ~icipal Building along ~e wall next to ~e Data Processing ~m, advis~g that s~n after ~y 1, 1974, ~e Police ~par~t will ~ve from the west end of ~e co~ts building to ~elr new ~rters ~ex located on ~ird S~eet, ~at at ~at t~, ~t would be proposed to m~fy ~e ~ceway to ~at end of ~e co.ts facility to provide sult~le access to ~e ~ corridor of ~e co.ts building, ~at ~i~ ~uld provide a sult~le entr~ce to ~at bulldog c~s~ate wi~ ~e ~ce which already exists to ~e ~ floor of the M~c~pal Bu~ld~g, ~at ~t would not provide proper co~ection ~e~ ~e t~ facillties~ h~ever, such co. acting access does not appe~ feasible. After a d~scuss~on of ~e re~rt, ~. ~sk ~ved ~at referre~ back to ~e C~ty ~ager for f~er re~rt as to providing Co~cil wi~ a cost estate ~ pro.sa1 for ~e ~ns~ction of such a r~p along ~e wall parallel to ~e Data P~cess~g ~. ~e motion was seconded by ~. H~ard ~d ~usly adopted. B~ET-BUSES= The City ~age= s~t~ed a writt~ re~rt tr~s- ~tt~g copy of a c~ication f~m ~. J. Wis~ St~e~ Presid~t, ~oke City L~es, Inco~rate~ adv~s~g ~at because of recent congressional legisla- tion w~ch re~res overt~ paint to bus drivers for work acc~lished ~yond 48 ho~s per week, ~t w~11 ~ necess~ to increase ~e clty~s supp~e- m~t to ~oke City ~es by ~ additional $4,000.00 per ~n~, effective 1, 1974. ~139 After a discussion of the matter, Hr. Garland moved that council concur ~n the report of the City Hanager and offered the following e~ergenc-y Ordinance appropriet~ng $14~000.00 to Fees £or P~ofeesional and $~ecia! Se=vices under Section J96, 'T~anspor~ation,' of the 1973-74 budget, to provide funds for the April, 1974, aubeidyz ' (J21494) AN ORDINANCE to a~end and reordain Section 196, 'T~ans- portation,' of the 1973-74 Appropriation ordinance, and p~oviding for an emergency. (For full text of ordinance, see Ordinance Rook No. 39, Page 259.) Hr. Garland moved the adoptinn of the Ordinance. The motion vas seconded by ]ir. T~Out and adopted by the following vote: Webber ................................................... 5o HAYS.' Hessrso E~bard and Lisk ................. 2. Hr. Garland then offered the following emergency ordinance amending certain paragraphs of the contract between the City of Rcanoke and Roanoke City Lines, Incorporated~ (~21495) AH ORDINANCE conditionally amending paragraphs (1) -and (15) of the contract dated August l, 1951, between the City of Roanoke and Roanoke Eailway & Electric COmpany and Safety Hotor Transit Corporation, relating to public bus transportation, So as to provide by the city to Roanoke City Lines, Inc., of certain sums for the month off Hay, 1974, and thereafter until such contract be further amended or te~linated as herein provided~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page.259.} Hr. Garland moved the adoption of the Ordinance. The motion was' seconded by Mr. Trout and adopted by the following vote: AYES*. Messrs. Garland, Taylor, Thomas, Trout and Mayor Webber ..................................... ~ ............ 5. HAYS= Messrs. Hubard and Lisk ............... SALE OF PROPERTY-JAIL= The City Manager submitted a written report recc~m~ending that CoUncll exercise its option to purchase property from the Colonial-American National Bank, in the amount of $110,000.00, said land being needed as a site for a new jell and courthouse facility. Mr. Lisk moved that Council concur tn the recom~endation of the City Manager and offered the following emergency Ordinance= (#21496} AN ORDINANCE exercising an option to purchase certain land situate on the north side of Church Avenue, S. W., and for proper notifica- tion Of such exercise tn the owner thereofi .directing the acquisition of such property, upon certain terms and conditionsI and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 261.) N~. Lisk moved the adoption of the O~dinanca, The motion was seconded by Hr. Thc~as and adopted by ~e foll~g vote~ A~z ~asrs, Garl~d~ H~a~d~ Llsk~ ~aylo~ ~s~ ~ou~ and ~yo= ~e~= ................................. 7. ~YSz ~one ....................... O. CI~ ~GI~R~ T~ CSty ~ager s~tted a written re~rt concurring t~ for ~pp1y~g various t~s of t~ay radios and batte~ chargers~ ~e s~ of $22,316.~0, ~ accepted. ~. Llsk ~ved ~at Cocci1 conc~ ~ ~e re~--dation of ~e City ~ager ~d offered ~e roll.lng ~en=y ([2149~ ~ O~ provid~9 for ~e =lty~s purchase of new ~-way radios ~ batte~ =hargers for use by ~e city, u~n certa~ te~ =onditionst ~d provld~g for ~ (For full t~t of O~ln~ce~ se~ Ord~ce ~ok No. 39, Page 262.) ~. Lisk ~ved the adoption of ~e O~ce. The ~tion was seconded by ~. Garl~d ~d adopted by ~e fo11~ing vote= AYe= Messrs. Garl~d, H~ard, Lisk, Taylor, Th~s~ Trout and ~yor Weber ....................................... ~YS= None ...............................0. ~B~~S= The City ~ager s~tted a ~ltten re~rt ~n~ring ~ ~e r~co~ndatlon of a c~ttee ~at ~e proposal of Vacation ~aller 5ales for a ~o~bile, In ~e ~t of $14,~90.00, ~d ~at the pro. sa1 of Motorola~ ln~orated, for a t~ay radio, In ~e ~t of, $980.00, s~Ject to ~e conc~r~ce o[ ~e State Libra~ ~ard~ be approved. ~. Lisk ~ved ~at Co.oil conc~ in ~e reco~dation of the City ~nager ~d offered ~e foiling ~rg~n~ (~21498) ~ O~I~CE provid~g for ~e p~chase of one new libra~ ~o~bile wi~ new ~974 m~el chassis, ~d a new mobile two-way radio, u~n cer~ te~ ~d conditions, ~d provid~g for ~ ~rg~. (For ~ull text of O~ce, see Ord~ce ~ok No. 39, Page 263.} ~. ~isk ~ved ~e afloption of ~e O~ce. The ~tion was seconded by ~. ~rl~d ~d adopted by ~e foiling AYES= ~essrs. G~l~d, H~a~, Lisk, Taylor, Tho~s, ~out and Webber ............................................ ~. ~YS ~ None ............................ 0. ~B~TION5= The City Atto~ey s~tted a ~itten re~rt in co~ec- ti~ wi~ ~e lease to ~eric~ Freed~ Tra~ Fo~dation of a ste~ locative kept on ~ibtt at ~e ~oke T~spor~tlon M~e~ ~d pro~sal t~t ~e city enter ~to agre~t wi~ ~e Fo~da~on, ass~g a visit of the Freedom Tra~ to ~e City of R~oke d~g Its cross-~ ~ plied for 1974 and advising ~at ~ his personal option it ~uld appear ~at ~e adv~ges to be 141: obtained by the city and by the citizens of the cc~muuit¥ by a scheduled visit of the Freedo~ Train to Roanoke du~lng the Bicentennial period w~uld amply ~ustify the city*e can~ttmenta to the Foundation as the value of those ~ents are presently visualized. l~r. Trout ~oved that Council concur ~n the report of the City Attorney and ~h~t the following ordinance,be,placed upon its first reading~ ($21499) AN OI~DINANCE authorizing the City's leasing of Nickel Plate Locc~tive No, 763 to Amerlcun Freedm~ Train Foundation, upon certain terem and conditlons~ and authorizing an egre~ent to be entered into between the City of ~oanoke end American Freedom Train Foundation relative to a display of the American Freedom Train in the City of Roanoke during the observance of the ~uerlcan Revolu- tion Bicentennial. (For full text of Ordinance, see Ordinance Book 139, Page The motion was seconded by Dr. Taylor end adopted by the following AYES: Hessre. Garlendt N~bardt Lisk, Taylor, Thomaew Trout and H~yor Webber ........................... -~ ....... 7 o NAYS: None .....................0o PARKING G~GE: The City Attorney subn~tted a written report connection with the acquisition of property from ~ra. ~nite D. Lee, in the s~ of ~159,000.00, needed in connection with the off-street parking garage, and transmitting e proposed ordinance for the reco~nded adoption by Council. ~. ~isk moved ~hat Council concu~ in the reco~endatinn e~ the city Attorney and offered the following ~mergency Ordinance: (~21~00) AN O~INANCE authorizing the city's purchase of official No. 101~6~2, bain9 Parcel No. 2 as set out ~n Ordinnnce No. 21398~ upon cerkain ter~s ~nd condltlons~ and providing for ~n emergency. (For full text of 0rdinancew see Ordinance Book No. 39, Page H~. Llsk moved the adoption of the O~inance. ~he motion was seconded by ~:. ~arlena and adopted ~y the ~ollowing vote: AYES: Hessra. Garland, Hubard, ~.iek, Taylor~ ~homae, ~rout and ~yor ~ebber ...............................?. NAYS: None ..................... 0. P~R~NG G~AGE: The City Attorney eub~itted a written report advising of e written acceptance o£ the o££er o~ the City o£ Roanoke by ~.onntaln Trust Bank~ ~z-astee o~ the Frank E. Page Eetate~ for the purchase of property needed us a site £or the new perking garage ~ocated on the northwee~ corner of Church Avenue ~nd First S~eet, S. ~., for u consideration of $S?0,750.00. ~t~. ~ut moved t~.a~ the report be received an~ filed. ~he motion was seconded by Hr. ~homas and nnan~mously adopted. BUDGET-PARKING GARAGE: The Director of F~nance submitted a written report advising that on August 6, 1973, Conncll authorized the issuance and sale of Ge~eral ObligatiOn Bonds ~n the a~ount of $5~000,000.00, that these bonds were to provide funds to acqulre~ construct and equip off-street parking facilities ~or the city, that this project has now progressed to the land acquisition stage, that It Is necessary to appropriate funds for this and other needs which will be necessary in the very near future and transmitting the appropriate ~r..Llsk moved that Council concur Lu the report Of the Director of Finance and offered the following.emergency Ordinance appropriating $5,000,000.00 to Capital Outlay from Bond Funds under Section 189, 'Transfers to Capital Improvements Fund,' of the 1973-74 budget: (121501) AN ORDINANC~ to amend and reordain Section ~89, 'Transfers to Capital I~rovements Fund,' of the 1973-74 Appropriation Ordinance~ and providing for an emergency. (For full text of Ordinance, see ordinance ~ook No. 39, Page 266.) Mr. Lisk moved the adoption Of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the follow~ng vote: AYES: Messrs. Garland~ Hubard~ Llsk~ Taylor, Thomas, Trout end Mayor Webber .................................. ?. NAYS: None ...........T ............. 0. With reference to the title Of Director of. Finance, Mr. Hubard moved that the City Attorney be instructed to inform Council of any changes to the City Code that may need to be acconq~lished relative to changLng the title of City Auditor to Director of Finance. The motion was seconded by Mr. Lisk and unanimously adopted. REPORTS OF COMMIT~'EBS: · WATER DEPARTHENT: The Water Resources Committee submitted a written report relative to the Metropolitan/Regional Water 0uality Management Plan, and the reguest Of Roanoke Coca-Cola BottlLng Works~ Incorporated, regarding adequate water service to provide for the installation of a sprinkler hystem - at their expanded facilities on the north side of Center Avenue, N. W.~ the committee requesting that Council set a publtc-hearlng for connnents by citizens as to the Metropo11tan/Reglonal Water Ouallty.Manag~ment Plan at the last scheduled meeting in May, 1974, and further that Council invite a member of the F~fth Planning District comm/ssion to the public hearing to present the plan to the publ~c~ and that with respect to the request of the Roanoke Coca- Cola Bottling Works, In¢orporated~ and related matters dlscussed by the committee, the ¢c~m~/ttee reeo~nended that the ~m{-tstration prepare a report and submit same to the Water Resources C~{ttee with reco~endations as to a stated poiicy of the City of Roanoke regarding replacing obsolete and/or Inadequate water lines and that' said report further reco~aend poliCY as to how such changes would be affecte~ by rezonings o£ propert~y within the city in the fur[ute. · . Hr. Thomas'moved that Council go on record at this time as approving the Hetropolitan/l~egional*Water Quality Hanagement Plan, in concep2, subject to the public hearing ~o be held on Tuesday, Hay 28~ 1974. The motion vas seconded by H~. Hubard ,and unanimously adopted. Hr. Thomas further moved that Council concur in the reco~endation Of the oo~m~ttee that the adm~nistration be instructed to conduct a study regarding replacing obsolete and/or tnade~uate water lines and that the report further recom~nend policy as to how such changes would he affected by rezonings within the city in the future. The motion was seconded by Hr. Hubard and unan~nously adopted. TAXES= The Revenue Study Commission sutm~[tted a written report in connection with the cigarette tax and the city license tax structure as applied to professional persons, recommending that no change be made at this time in either tax. Mr. Hubard moved that the report be received and filed. The motion was seconded By Mr. Llsk and unanimously adopted. SIDEWALK-CURB AND GUTTER: Council having referred to a committee for tabulation, report and reco~unendation the bids which were received for m~scellaneous small area street and stdewalk restoration, the committee submitted a written report reco~ending that the proposal of Adams Construction Company, in the amount of $127,277.00, be accepted. In this connection, the City Manager suhm~tted a wrlttun report advising that he concurs in the reco~endation of the comn~ttee. Dr. Taylor moved that the report of the City Manager be received and filed. The ~tton was seconded by Mr. Trout and unan~ously adopted. Mr. Trout moved that Council concur ~11 the recom~endation of the co--tree and offered the following ~mergancy Ordinance accepting the proposal of Adams Construction company: (%21502) AR ORDINANCE accepting the proposal of Ad,ms Construction Company for performing certain miScellaneous, small area hard surface street and sidewalk restoration~ authorizing the proper city officials to execute the rec~lisite contract~ rejecting a11 other Bids; and provlding for an emergency. (For full t~xt of Ordinance, see Ordinance Book No. 39, Page 266.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote= AYES: Messrs. Garlandt Hubard~ Lisk, Taylort Thomas, Trout and Mayor Webber ......- .......................... ?. ': NAYS= None .........................0. UNFINISHED BUSINESS: CITY EMPLOYEES-CITY CLEt%K-CITY ATTOItNEY-COUNCIL: CoUnctl having previously req~lested that the City Clerk review a report relative to the City Clerk's Office from a conm~ttee appointed for the purpose of studying the £unctions and responslhilities of City Council and the Offices of the City At.t0rue. y and the City Clerk, the matter was before the body. . . .T..e~im .~. J;h~.Clty Cl~k eulmltted a written report her ~n~ as ~ ~e zec~u~bions f=om ~e ~ttee as said ze~gt to ~e Office o~ ~e City Clerk. (For iull text~ see ~e~t aa flied in ~e Oiilce of of ~e City Clerk) ~. List ~ved ~t ~e re~rt be received ~d flied. ~e ~tion vas seceded by ~. ~ut ~d ~usly adopted, ~. H~rd furze= ~ved ~at Co~cil ~et lnfo~lly ~l~ the City Clerk on ~sday, ~y i6, 1974~ at 2 p.m., ~ ~e ~ecutive Session Conference ~, to discuss her report. The ~tlon ~as seconded by ~. List and ~usly adoptS. ~NSIDE~TZOH OF ~I~: I~RODU~ZOH ~D cONszDE~TIOH 'OF 0~1~ ~D ~ORT~ O~ce No. 21481 au~orizing ~e execution of a lease bet~e~ ~e City of Ro~oke ~d ~e First National ~ch~ge ~nk of virginia for ceftin space in ~e Te~nal Building at the ~oke H~icipal Ai~gb, u~n ceg~ te~ ~d condlti~s, having previously ~en before Co~cil for its ~ead~9~ read ~d laid over, ~as a~a~ ~fore ~e ~y, ~. Trout offering ~e roll.lng for Its second reading and final adoption= ([21481) ~ O~I~CE au~orizin9 ~e execubion of a lease ~e City of ~oke ~d The Fi=st National ~ch~ge B~k of Virginia for ce=ta~ space tn ~e Te~nal Building at ~e Ro~oke H~icipal Ai~rt~ ceftin te~ ~d conditions. {For full t~t of O~h~ce~ see ord~ce Book No. 39, Page 255.) ~. Trout ~ved ~e adoption of ~e Ordin~ce. The wtion vas seconded by ~. List and adopted by ~e roll.lng ~te: A~S: Hess~s. Ga~l~d, List, Th~s, Trout and ~yor Weber .... H~ard (Dr. Taylor not S~ OF PROPERS= Ordinate No. 21484 au~or~zing ~d p~ovid~g for ~e =~ty~s sale ~d convey~ce to ~e T~stees of ~e Garde~ city Baptist ~ch of ceftin lots or parcels of 1~d ~ as off~cial Tax NOS. 4390425, 4390426~ 4390428, 4390429 ~d 4390430, as sh~ on ~e T~ A~pra~sal ~p of the City of Ro~oke ~d of port~ons of l~d in four portions of Moffett Avenue, S. E. ~ David 5~eet, S. E. ~ ~d ~ a ~o~r a11ey~ ~utt~ng sa~d lots, each of which was heretofore vacated ~d closed by O~ce No. 20560, hav~ng previously be~ before Cocci1 for ~ts f~rst read.g, read ~d la~d over, was again before Xn ~s c~ect~on, ~e C~ty Atto~ey s~tted a ~itt~ re~rt calling to ~e attentio~ o~ Co~c~l ~at Ord~ce No. 21484 adopted o~ its f~rst-read~g on ~day, April 22, 19~4, o~ts, from ~e title, the lot ident~fie~ as O~fic~al T~ NO. 439042~ ~d recording ~at ~ ~nt ~ ~de to the t~tle of ~e Ord~ce prior to ~ts passage so as to include Official T~ NO. 4390427. H~. '~-out ~ove~ that Cou~nC~l c°ncur .t~ ~e~tO~'~t~ At~e~. ~e ~ wa~ Second~ by ~ R~ard ~d ~usl~ a~opted. ' Dr. Taylo~ ~ offered O~ce ~o. 21484, as ~nded b~'add~g OEficLal T~ No. 4390427, fo~ its se~nd ~ead~g ~d final adop2l~nz (121484) ~ o~I~ au~or/z~g ~d p~ovid~g for ~e city's sale ~d ~nvey~ce to ~e ~stees of ~e G~ Ci~y ~ptlst ~ch of certain or parcels of l~d ~ as O~ficl~l T~ Nos. 4390425,~ 4390426~ 4390427, 4390428, 4390429 ~d 4390430~ as sh~ on ~e T~ ~praisa[ ~p of ~e City of ~d of p~oti~s o~ l~d '~ four ~rtions of ~ffett Avenue, S. E., Da~d S2ree2, S, E., ~d ~n a four alley, ~ut2~g said lo2s, each oE which was heretofore vacated ~d closed by O~in~ce No. 20560, u~n certain te~ and conditions. (For full tex~ of Ordin~ce, see O~n~ce B~k No. 39, Page 256.) Dr. Taylor moved ~e adop2Lon oE ~e Ord[n~ce. ~e ~tion was seconded by ~. Lisk ~d adop2ed by ~e foll~ing ~te:. A~S: Hess~s. Garl~d, H~ard~ Lisk, Taylor, Tho~s~ Trou2 ~yor Webbe~ .................................. ~YS: None ......................... 0. h~v~ng d[rec2ed ~e C~2y Atto~ey to prepare ~e proper ~as~e author~z~g ~d provLd~g for ~e lease by the city oE ~e foyer Harrison El~en~a~ Sch~l site to ~1 Ac~on Agains~ Poverty ~ ~oke Valley; u~n ca,tarn te~ ~d conditions, he pres~ed s~; whereu~n, ~. H~ard moved tha~ foll~[nq Ord~ce be placed u~ ~ts f~rs~ reading: . (~21503) ~ O~I~ au~o~iz~g ~d provLd~g for ~e lease by the c~ty of ~e foyer H~r~son EI~ School si~e 2o ~2al Ac2[on Aqa~ns~ Poverty ~n ~oke Valley; ~n cer2a~ ~e~ ~d cond~s. (Fo~ f~l t~2 o[ Ord~ce~ see ord~n~ce B~k No. 39, Page 280.) The ~on was seconded by ~. L[sk ~d adopted by 2he follov~q A~S: Messrs. Garl~d~ H~ard, Lisk, Taylor, ~s~ Trout ~d ~yor WebBer ................... ~ ............~-7. ~YS: N~e ................... 0. B~ET-P~ ~ P~YGRO~DS~ ~. Trout offered ~e roll,lng ~erg~ Ord~ce appropriat~g $130.00 to.~ll ~in Zoo ~der Section %89, '~sfers to Capital ~rov~ts ~d,' of ~e 19~3-74 Budget: (%21504) ~ O~I~ to ~d ~d reorda~ Section ~89, 'Tr~sfers to ~p[~l ~rov~ts F~d,' o[ ~e 19~3-74 Appropriat~on Ord[n~ce, providing for ~ ~rgency. {For full text of Ord~n~ce, see Ord~ce ~ok No. 39, Page 268.) ~. T~ut ~ved the adoption of ~e Ord~ce. The ~tion was seconded by ~. L[sk ~d adopted by ~e follow~g vote: A~J3t Messrs. Garlancl~ Bubard~ Link, Tayior~ Thonas~ T~out and ~yo~ ~e~eE ................................ ~YSt N~e ....................... O, ~ONS ~ ~S~S BUSIeSt A~S OF A~O~-~RT~ ~. Link called to ~e att~t~on o~ ~c~l ~e regret of ~. ~rshail L. Harris, ~ager, Alert ~d ~rke~s, on ~y 3, 1974, ~ offere~ ~e foll~g Resolution rec~z~ng ~e ~le ~ loyal seduces ~at ~. Harris has rendere~ ~e c~ty an~ ~ose ~lt~tu~es of ~rsons arriving ~ departing ~e city at ~e ~rt, axt~g to ~. Harris on ~e ~casion of his retir~t a gest~e of th~s ~ appreciation for a job well ~one ~ wishing for ~. Harris ~n h~s retir~ent ~ ~n his continue~ private act~vities ~n aviation go~ heal~ ~d the greatest of success ~ enJo~ent In ~at f~el~ of activity w~ which he has s0 long be~ assoc~ate~= (%21505) A ~SOL~ION relating to ~ L. ~IS, retiring ~ager of ~e Ro~oke H~c~pal A~rt. (For full text of Resolut~on~ see Resolut~ Book t39, Page 268.) ~. L~sk ~ve~ ~e adoption of ~e Resolution. The ~t~on was secon~ea by ~. Th~s ~ a~opte~ by ~e following vote= AYES~ ~ssrs. Garland, H~ar~, L~sk~ Taylor, Thorn, Trout ~yor Webber ................................. ~YS~ None .........................0. ~TION-~NSOLIDATION~ The C~ty Atto~ey s~tte~ a ~itten report ~tt~g for ~e ~n~o~on of Co~c~l a copy of a co~icat~on fr~ ~e Honorable ~rge F. ~itley, Jr., Presiding Judge for the renewed ~al of ~e ~at~on case schedule~ to co~nce on Sept~er 11, 1974, a~v~s~ng ~at u~n ~n~ec~ by ~e Judges of space ~ facilit~es offere~ as being avail~la for such p~oses, ~ose of ~e C~ty Co~c~l Cheers an~ a~o~n~ng ~ ~ facil~ties were fo~ co~letely sat~sfacto~ to the Co~t ~at, ~cept for s~ serious object~on by ~e part~es, or some ~at~on ~al w~11 be hel~ ~n ~e Co~c~l Cheers. ~. T~ut ~ve~ that ~e report be receiv~ ~ f~le~. The motion was seconded by ~. L~sk ~ ~usly a~opte~. I~ST~ES-T~NS= ~. Garlan~ offere~ ~e ~oll~g ~solutlon s~t~g ~e nee~ for ~d ~g re~s~t~nt of ra~l passenger se~ce be~e~ Norfo~, V~rg~a, ~ Cinc~att, Ohio~ by way of {%21506) A ~OL~ON stat~g ~e nee~ for an~ urg~g reinstatement of ra~l pass,get se~ce betwe~ Norfolk, V~rg~n~a, ~d Cinc~ati, Ohio, by way of Ro~oke. (For full t~t of Resolution, see Resolution Book No. 39, Page 269.) ~. G~i~ move~ ~e ~opt~on of ~e Resolution. The motion was seconde~ by ~. Link ~ adopte~ by ~e foll~g vote: A~S= ~ssrs. GarliC, H~ar~, L~sk, Taylor, ~o~s ~ ~out ........................................ 6 · ~YS = Mayor Webber ................ 1. 147' ~here ~e~ng no further bueinees~ Hayor WebBer declared the ~et~g ad~o~ed. APPROVED A~STt ~puty City Clerk ~Yor COUNCIL~ I~EGULAR MEETING, Monday, May 6, 1974. The Council of the City of Roanoke met ~n regular meeting in the Council Chamber ~n the Municipal Bulld~ng~ Mon~ay, May 6, 1974, at 2 p.m., the regular meeting hour, with Mayor Roy L. Webber presiding. PI~ESENT= Counclll~e~ Robert A. Garland~ David K. Llsk, Noel C. Taylor, g~.2on W. Thomas, James O. Trout and Mayor Roy L. Webber .............6. ~BSENT~ Councilman William S. Nubard ....................... 1. OFFICERS pP. ESENT= Mr. Byron E. Haner, City Manager~ Mr. Sam H. McGhee, III, Assistant City ~L~nager~ Hr. James N. Ktncanon, City Attorney! }tr. H. Ben Jones, Jr., Assistant Clty Attorney~ and Mr. A. N. Glbsont Director Of Finance. INVOCATION= The meetLng was opened with a prayer by the Reverend Jerre W. Feagin, Assistant to the Rector, St. John's Bplscopal Church. ~L~NUTES: Copy of the minutes of ~he regular ~etlng held on ~4onday, Aprll 29, 1974, having been furnished each member of Ceuncll, on motlon of Mr. Trout, seconded by Hr. Lisk and unanimously a~opted, the readlng thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORTs Pursuant to notlce of advertisement for blds for supplying all devices, eguipment and materials to advertise on the walls, ceiling and floor locations at the Terminal Bullding at Roanoke Municipal (Woodrum) Airport, said proposals to be received by the City Clerk until 2 p.m., Monday, May 6, 1974, and to be opened at that hour before Cotkncil, Mayor Webber asked 1£ anyone had any q~est~on= about the advertisement for bids and no representative present ralsing any gues~on, the Mayor instructed the Deputy City Clerk to proceed with the opening of the hlds~ whereupon, the Deputy Clty Clerk advised that no blds had bean received on the ltem. The City Manager advised that the matter will be checked into and readvertlsed for blds at a later date. PETITIONS AND COMMUNICATIONS= BUDGET-SUBOOLS: A conununlcat~on from the Roanoke City School Board requesting that $316,098.00 be appropriated to 'Schools - Emergency School Aid Act,' under Section %27000 of the 1973-74 budget of the Roanoke City School Deard, 100 per ee~t of actual ~xpe~ldlturee to be re~nbursed by P. L. 92-318 funds, ~ras before Council. Mr. Llsk reeved that Council concur in the request of the Roanoke City School Board and offered the follow~g emergency Ordinance= (921507) AN ORDINANCE to amend and reordain Section %27000, #Schools - Emergency School Aid Act~' of the 1973-74 Appropriation ordinance, and provld- Lng for an emergency. (For full text of Gr~inance, see Ordinance Book NO. 39, Page 281.} N~o Lisk move~ the adoption o~ the Ordinance. The motion seconded l~f Mr, 6~land and adopte~ by the following vote~ AYES: }$essrs0 Garland~ Llsk~ Taylor~ Tho~a8~ Trout and Mayor Webber ............................... 6 · .NAYS: None ................0. (Mr. Nubard absent} BUDGET-CZTY CL~RK~ A C~ttnlcatien fro~ the Deputy City Clerk requesting that $1,637.32 be appropriated to Printing and Office Supplies under Section S2,. 'Clerk,' of the 1973-74 budget, to provide fends for the remainder of the fiscal year, was before Council. Dr. Taylor moved that Council concur in the request of the Deputy City Clerk end offered the following emergency Ordinances (%21508) AN ORDINANC~ to amend and reordain Section %2, 'Clerk,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For £ull text of Ordinance, see Ordinance Rook NO. 39, Page 281.) Dr. Taylor moved the-adoption Of the Ordinance. The motion was seconded by Mr. Thomas a~d adopted by the following vote: AYES= Messrs. Garland, Llsk, Taylor, Thomas, Trout and Mayor Webber ................................ 6. NAYS: None .................0. {Mr. Hubard absent) TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY-SCHOOLS-BUDGET: A CO~nnunication from Total Action Against Poverty in Roanoke Valley submitting its request in the amount of $436,135.00 as contingency funding for a twelve month period to begin on July 1, 1974, advising that the ~unt of this request re- flects costs for continuation of TAPes existing programs and services at pre- sent level, was before Council. Mr. Trout moved that the co~unlcatlon be referred to 1974-75 budget study. The motion ~raa seconded by Mr. Lisk and tmanimously adopted. CITY MARKET: A ccamuunication from the Southwest Virginia Connnunity Development Fond offering the City of Roanoke the opportunity of leasing a portion of the City Market Building for use as an International Past Food Arcade under appropriate terms and co~ndltions, was before Council. Mr. Thomas moved that the matter be referred to the Real Estate committee for study, report and recommendation to Council. The motion was seconded by Mr. Garland and tmant_mously adopted. TRAFFIC: A ennunanication from Mr. J. M. Porterfield, 2511 Livingston Road, S. W., in connection with the large volume of traffic and a speeding problem on Livingston Road, advising that the action taken by the City Manager to prohibit parking on the north side of the street has done nothing to help the residents and, once again, calling the matter to the attention of Council, was before the bedy. Mr. Thomas moved that the matter be referred back to the City M~nagsr for reappraisal and report to Council. · The motion was seconded by Mr. Trout and un~nt~ously adopted. PAI~ING GARAGE: A cc~munication £ro~ Itt. O. ~atta Gllle, Presid~t, Ba~ ol Vitals ~oke Valley, ~e~eat~g ~t ~e desl~ ol ~e parkln~ garage ~ acc~lish~ In a ~n~er ~t a E~ ove~ Ch~ch Avenue~ S, ~.~ c~ ev~tually be ~s~lled as ~ell as a r~ over First S~eet~ S. ~,~ was before Co~cll. ~. ~ut ~ved ~t ~e c~ication ~ referred to ~e City ~ager fo~ sb~y~ re~b ~d rec~ndatl~ to Co~cll. 2e ~tl~ vas seconded by ~. ~sk ~d ~usly adopted. ~U~E~ OF ~ CIR~IT ~RTI t c~lca~lon R. ~rter, :r.~ Clerk of ~e Circuit Coet~ r~esb~9 ~at he be notified vhen the bud9eb of ~e ~ of Clegk~ Circuit Co~t, wlII ~ considered ~cil ~ o~der for h~ bo ~ pres~b~ vas ~fore the ~. ~s ~ved ~t ~e c~tcation be ~efe~red to 1974-75 budget study ~d ~ah ~e City Clerk ~ tns~cted to notify ~. Carter vhen the bud~e~ o[ ~e Clerk of ~e circuit Co~t Is considered by Co~cil. The ~tion vas seconded by Dr. Ta~lor ~d ~usly adopted. ~T-S~ a S~ DUI~S~ ~he City H~ager s~tted a vritten report ~ec~nd~g ~b Co~cil honor a p~chase option agre~en~ ~i~ ~nd P. ~d ~rion R. Harris~ to sell to ~e eit~ of ~oke prope~by located at 1522 Brmlee Av~ue~ S. g., descried as all of ~t 6~ Bl~k 5, ~p of Eastover Place, Official ~ No. 4330706, for ~e s~ of ~8,400.00, said lmd be~9 ne~ed in co~ection vi~ ~e ~sch~duled furze ~msion of the Sewage ~eat- ~. Lisk ~va ~at Co~cil conc= in ~e re~rt of the City ~ager ~d offere~ ~e follow~g ~ergency Ord~ce appropriat~g $8,400.00 to Pl~t ~sion ~der Section ~550, "Sewage ~ea~nt Capital Improv~ents ~d," of ~e 1973-74 Sewage Trea~t F~d ~proprtation Ordin~ce: (%21509) ~ O~I~ to ~nd ~d reordain Section ~550, "Sewage ~ea~t Capital ~prov~ts F~d," of ~e 1973-74 Sewage Trea~t Appropriation Ord~ce, ~d providing for ~ ~rgency. (For f~l t~t of Ord~ee, see O~in~ce ~ok No. 39, Page 282.) ~. Lisk ~ved ~e adoption of ~e Ord~ce. The motion was seconded by ~. ~s ~d adopted by ~e roll,lng vote: A~S: Messrs. Garl~d, Lisk, Taylor, ~o~s, Trout ~ ~yor Webber .................................6. ~YS= N~e- .0. (~. H~ard ~sent} ~. ~s ~ offerea ~e foll~g ~rg~cy Ordin~ce exercis~g ~e right of ~e city to p~chase ~e a~ve~escri~d l~d: (~21510) ~ O~I~ exercising ~e right to p~chase ~t 6, Block 5, ~stover Place ~p in ~e City of ~oke, Virginia% adjacent to existing - p~perty of ~e City of Ro~oke in ~e sou~east ~rtion of ~e city, u~n certain terns a~d provisionel provid~ng for no~Lce of ~he said p~c~se op~l~ p~ovid~g foF ~ of ~e p~c~se price ~e~e~f u~n delive~ of a dee~ ~o ~e c~y ~d fo~ Eeco~ of such deedJ ~d p~vid~ng fo~ ~ (For full ~ of O~din~ce~ see Ord~ce ~k No. 39s page 282.) ~. ~8 ~ ~e adoption of ~e O~d~ce. ~e ~ion vas seconded by D~. ~aylo~ ~ adopted b~ ~e foll~g vo~ez A~ Messrs. Ga~l~d~ Lisk~ Taylor, Th~s, Trout ~d ~yor We~r ..................... ~ ................. ~YS~ N~e ...................... 0. (~. H~ard absent) ~RT~ The C~ty ~a~er s~tted a ~itt~ re~rt advising of notice ~r~ ~e f~eral go~t Of its ~t~t to ~lt~ relin~ish and give up ~ts lease of a ceftin 0.321 acre parcel of 1~ at ~rt ~d ~e ~set hut ~ereon~ release on ~half o~ the city to ~e~nate ~e lease ~d accept ~e ~onset hut w~ ~ter~or f~ish~gs to be use~ hencefor~ ~n ~e da~ly operation of ~e alert. ~. ~s ~v~ ~at ~c~ con~ ~n ~e re~rt and refer s~e to ~e City ~ager ~ the C~ty Atto~ey for preparation of the necess~ papers. ~e ~t~on ~s secon~e~ by ~. L~sk ~ ~usly a~opte~. CO~CIL= The City Atto~ey s~tte~ a ~tt~ re~rt in co~ect~on w~ ~e fo~ to be use~ ~ ~e prep~at~on of Co~c~l agendas, a~v~s~ng ~t he=eafter ~e s~hea~g C~ty Auditor will be ch~ged to Director F~n~ce ~ ~at as a new it~ to ~ Ci~zen~. (For full %~t, see re~rt as f~le~ ~ ~e Office of the city Clerk.} Dr. Taylor ~ve~ ~at ~e re~rt be receivea ~ f~le~. ~e ~tion was secon~e~ by ~. Trout ~ ~usly a~opte~. S~ ~ ~S = The C~ty Pl~g Co~ss~on s~tted a ~tt~ r~rt recking ~t ~ ~ed alley ~t~g fr~ 1st Street, S. E., to 3rd S~et, S. E., ~ vacate~, d~scont~ue~ ~ close~. ~. T~ut offere~ ~e foll~g Resolution ~n~t~at~ng an~ prov~ng for ~e clos~g of ~e abo~descr~e~ a~ley, appo~t~g v~ewers ~n co~ect~on ~erewi~ ~ prov~g ~or a p~l~c hear~g on ~es~ay, ~y 28, 1974= (%21511) A ~0L~ION ~t~at~g ~ prov~g for ~e pe~ent clos- ~g, vacat~g, discont~ulng ~ ab~t of a certain ~use~ 15-foot w~de alley ~t~d~ng from ~st S~eet~ S. 'E.', ~ 3rd S~eet~ S. E., across ~ Norfolk ~ Weste~ ~lway ~y~s r~ght of way, ~ough Blocks 5 ~ 6 according to ~e ~p of P~k ~ & I~rov~t C~y~ appoint~g viewers to v~ew said alley ~ prov~d~g for a p~l~c hear~g on ~e sa~d proposals. (For f~l text of Resolution, see Resolution Book No. 39, Pa~e 284.) 1'53 Hr. T~out moved the adoption of the Resolution. The motion vas seconded by Hr. Llsk and adopted by the f. Il.ring vote: AYES: Hessra. Garland, Llsk~ Taylor, Tho~s, Trout and Hayor Webber .................................. 6 · ~AYS: Hone ...................0. (Hr. Hubard absent) FIP~ DEPARTHENT: The City Planning Co~tssion s,~mttted a ~r~ltten report endorsing the site location on the south side nE Colonial Avenue, S. W., betveen tho intersection of Overland Road and Clearfield Road, for the new Southvest Fire Station. (For full text, see report as filed in the Office of the City Clerk.) Fir. Trout moved that the report be received and filed. The motion vas seconded by Hr. Llsk and ttnanimously adopted. P. EP ORTS OF P~DIO-TELEVISION~ Hr. Robert A. Garland, Chairman of the Cable Television Committee submitted a written report advisLng of a meeting Of the Regional CATV Committee on Wednesday, May 1, 1974, further advising that public input has bee~ invited on the subject of cable television on }{ay 22, 1974, at ?:30 p.m., at the Roanoke Civic Canter Exhibit Hall, and that the consultants have bean requested to provide a tentative schedule which can be followed in appropriate steps that will ultimately bring to the p~anoke Valley the construc- tion of cable television. Hr. Lisk move~ that the report b~ receive, and fl!ecl and concurre&l by Coancil. The motion was seconded By }tr. Trout and unan~u~ousl~v e~.o~_e~I.' ' STP~EETS AND AY~7~S :' The C~tte~ 'appointe~ for th~ pUrpo~= nfl tahu- latlng bids received for paving streets :at various locations in th~ City of Roanoke s~,~{tted a written report reconuuendlng that the contract be 'awarded to Adams Construction Company and Virginia Asphalt' Paving Company, Incorporated, based on their l~w joint bid and that the actual cost of the contract be de- creased to ~n amount not to exceed $175,000.00, with the unit prices submitted by the ~ companies being utilized for deter~nation of the pa~unent to be based on as-built quantities. In this co~nection, the City ~ager sul~m~tted a written report advising that he concurs in the above reco~endation of the committee. Mr. Trout moved that the report of the City Manager be received and filed. The motion was seconded by Mr. Garland and anan[m~usly adopted. Mr. Trout than offered the following emergency Ordinance accepting the joint bid Of A~ams Construction Company and virginia Asphalt Paving Company, Incorporated: (%21512) AN O~DINANCE accepting the joint proposal of Virginia Asphalt Paving Company, Inc., and Adams Const~uctlon Company for the paving nE streets at various locations in the City of Roanoke~ authorizing the proper city o[f[cials to execute the requisite contract~ and providing for an emergency. {For full text of Ordlna~ce, see Ordinance Book No. 39, Page 285.) lire Trout moved the adoption of the o~dlnance. The motion was seconded by H~. Thomas ~nd adopted by the £ollo~ing vote: AYES: Messrs. Garland, I~lsk, Taylor~.T'nomaa, Trout and Hayer Webber .................................. ~6. NAYS: None ....................0. (Mr. Hubard absent) UNFINISHED BUSINESS: NOLO. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND I~ESOLUTIONS: STI~EI~TS AND /tlJ~EYS: Ordllla~oe No. 21488 abandening, vacating, discontinuldlg and closLng a certain unopened and unused alley approximately 12 feet in width and running in a westerly direction 235 feet, more or less, from the west sade of Yeager Avenue, N. E., and lying between the south beundry of Lots 13 - 17, inclusive, Block 9, Map NO. 2~ East Gate Addition, and being respectively 0f£1cial Tax Nos. 3341113 - 3341117, and the north boundxy Of Lots.? - 12, inclusive, Block 9, Map No. 2, East Gate Addition, a~d being respeotively~Official Tax Nos. 3341107 - 3341112~ having previously been before Council.for its first reading, read and laid over, was again before the body, Mr. Trout offering the f. Il.wing for its second reading and final adoption = (~21488~ AN ORDIN/tNCE abandoning, vacating, discontinuing and closing a certain unopened and unused alley approximately 12 feet in width and running in a westerly direction 235 feet, more or less, from the west side of Yeager Avenue, N. E., and lying between the south beundry of Lots 13, 14, 15, 16 and 17~ Block 9, Map No. 2, East Gate Addition, and being respectively Official Tax Numbers 3341113, 3341114, 3341115, 3341116 a~d 3341117, and the north boondry of Lots 7, 8, 9, 10, 11 ~/ld 12, Block 9, Map No. 2, East Gate Addition, alld being respectively Official Tax Numbers 3341107, 3341108, 3341109, 3341110, 3341111 and 3341112, as sho~n on the Official Appraisal Map Of the City Of Roanoke, Virginia. ~ . (For full text of Ordinance, see Ordinance Book No. 39, Page 271.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the f. Il.wing vote= AYES: Messrs. Garland, Ltsk, Taylor, Thomas, Trout and Mayor Webber .......... , ..... ~---r ........... ~-6. NAYS: None ................... 0. (Mr, Nubard absent) STI~E~TS AND ALLEYS: Ordinance No. 21489 pern~anently vacating, dis- continuing and closing that certain portion of old Hamilton Terrace, S. E., extending from the present relocated southerly side of Hamilton Terrace, S. E.t. in & southerly direction to its intersection with the present northerly sade of Bell,view Avenuet S. E., having previously been before Council for its first reading, read and 1eld ever, was again before the body, Hr. Trout offer- ing the f. Il.wing for its second reading and final adoption: ([21489) ~ O~DTNA)TCE permanently vacating~ d/scon~uing and closing t~ ce~ ~t~ of old H~l~n ~race~ So E.~ extend~q ~e p~ea~t ~alocated sou~erly side ~f H~lton Terrace, 'S. E., In a aou~erly direction to its ~tersectl~ vl~ ~e present nor~erly side of Bellevie~ (For full text of Ord~ce, see Ordin~ce ~k No. 39, Page 272.) ~. ~ut ~ved ~e adoption of ~e Ord~ce. The ~tion vas seconded by ~. Llsk ~d adopted by ~e roll.lng ~te~ Weber ..................................6. ~YS= N~e .................... 0. (~. H~ard absent) S~TS ~ ~S~ Ord~ce No. 21490 providing for the dedicat~on by deed of cer~ l~d for p~l~c s~eet p~ses a~acent to ~oke ~r~al HOSp~i sh~ as doyle cross-hatched on a sketch showing ~rtions of H~lton for p~l~c street p~ses, prepared ~n ~e Off~ce of ~e C~ty ~g~neer ~der date of Apr~l 8, 1974, ~[ng ~rt~ons off Official Tax Nos. 406010~ and 406020~ ~der provisions off ~e c~ty~s ~d S~iv~sion Ord~n~ce, hav~ng previously ~ before Co~c~l for its first read.g, read ~d la~d over, was again ~fore ~e b~y, ~. L[sk offer~g ~e folding for ~ts second reading and f[na~ adoption: (~21490} ~ 0~I~ p~v~ding for ~e dedication by deed of cer~ l~d for p~l~c s~eet p~oses adjacent to ~oke Me~r~al Hospi~l sh~ as doyle cross-hatched on a sketch shrug portions of H~lton ~rrace, S. E., ~d Bellev~ew S. E., to be closed~ relocated ~d de~cated for street p~ses, prepared ~ ~e Of[~ce o~ ~e City ~g~neer ~der date of April 8, 19~4, ~ng portions off Official Nos. 4060101 ~d 4060201; ~der provisions off ~e city's ~d S~iv~s[on Ord~ce. (For full text of Ord~n~ce, se2'Ord[n~ce ~k No. ~9~ Page ~. L~sk ~ved ~e adoption off ~e Ord[n~ce. ~e ~t[on was ~econded by Dr. Taylor ~d adopted by ~e fo11~ng ~YS: None ................ ~0. (~. H~ard absent) S~TS ~ ~S: Ord~n~ce No. 21491 per.fly vacating, d~s- cont~u~g ~d clos~g cer~ ~rt[ons of M~h~s Street, S. E., conta~g ~rt[ons of said s~eet shall revert to ~e ~ut~g o~er or ~ers, having previously ~ before Cocci1 for ~ts f~rst reading, read ~d laid over, was again before the b~y, ~. ~ut offer~g ~e foll~g for ~ts second reading ~d f~al adoption= ([21491) AN OI~DII~IqCE permanently vacat~,tg~ discontinuin9 and clos- In9 certain portions o~ ~his S~eet~ S. E.~ ~n~n9 0.034 ac~es~ ~re or less, ~ 0.049 acres, ~e or le~s, ~e title ~ which said ~rtions of said street s~ll revel2 to ~e ~ut~g o~er or ~ers~ ~d au~or~zlng the of vie~rs ~ c~ect~ w1~ said s~eet clos~g. (For .full t~t of Ord~ce, see Ord~ce ~k No. 39, Pa~e ~. ~u~ ~ved the adoption of ~e Ord~ce. ~e ~21on was seconded by ~. G~l~d ~d adopted by ~e foll~tng ~t Hessrs. Garl~d~ L~sk~ Ta~lor~ Th~s~ ~u2 ~d Weber ...................................6. ~YS: R~e .................... 0. (~. H~ard absent) ~T~n~TIONS-p~S ~ P~YGRO~S~ Ord[n~ce NO. 21499 au~orlz~n~ ~e city's leas~g OE Nickel Plate ~tive No. 763 to ~rlc~ Freed~ Tra~ Fo~dat~ u~n certain ~e~ ~d cond~t~ons~ ~d authorizing an agre~nt to ~ entere~ ~to ~twe~ ~e C~ty of ~oke ~ ~er~c~ Freedom Tra~ Fo~t~on relative t~ a d~s~lay o~ ~e ~r~c~ Freedom ~ain ~ the C~ty of Roanoke d~ing the obse~ce o~ ~he ~r~can Re~lut~on B~centenn~al, having previously be~ before Co~c~l for ~ts f~rst read~ng~ rea~ and ~a~d over, was aga~ before ~e ~y~ ~. Trout offering ~e follow~g for ~ts second reading ~d f~na~ (%21499) ~ 0~ au~or~z~g ~e city's leaslng of N~ckel Plate ~c~t~ve NO. 763 to ~r~c~ Free~ ~a~n Fo~dat~on u~n cer~n ~d condlt~ons~ ~ au~or~zing ~ agre~t to ~ entered Into ~t~en the C~ty of P~oke ~d ~er~c~ Freedom Train Fo~dat~on relative to a d~splay of t~e ~er~c~ Free~ Tra~ ~ ~e City Of ~oke during ~e obse~ce of ~e ~eri=~ Revolution Bic~t~al. (For full text of Ord~ce, see Ordln~ce Book No. 39, Page ~. T~ut ~ved the adoption of ~e Ordin~ce. ~e ~t~on was seconde~ bye. L~sk ~ adopted by ~e following ~te= AYe= Messrs. Garland~ ~fsk, Taylor, Th~s, ~out-~d Weber ......................................6. ~YS: None ....................... 0. (~. H~ara absent) SCH~-~T~ A~ION A~INST PO~R~ IN R0~O~ V~Y= Ord~n~ce No. 2~503 au~or~z~g, ~d prov~d~g for ~e ~ease by ~e c~ty of the foyer Harrison Ei~ School s~te to ~1 Aut~on Aga~st Poverty ~n Valley~ upon uer~ te~ ~d conditions, hav~ng previously be~ before Co~cll for ~ts f~rst read.g,' read ~d lald over~ was again before ~e ~dy~ ~. ~out offer~g the foll~g for ~ts second read~g ~d f~nal adoption= ~03) ~ O~ au~orlz~g ~d prov~d~g for ~e lease by ~e city of ~e foyer Harrison ~l~n~ SC~I site to ~tal Action Aga~st Poverty in ~oke Va~ley~ u~n certain te~ ~ conditions. (For full t~t o~ Ord~ce, see Or~n~ce B~k No. 39, Page 280.) .- ~o Trout moved tho adoption of the Ordinance° The motion tess seconded hy H~o Llsk.and adopted by the following vote: . AYES: Meesre. G~rland, Llsk, Taylor, Thomas, T~ou~ and Mayor Webber ................................. 6. NAYS: None ..................0.' (Mr. H~bard absent) CITY E~PLOYEES~CITY CLERK-~OUNCIL-CITY ATTOP~EY: Council having directed the City Attorney to prepare the proper measure expressing appreciation tn Messrs. Willie M. Andersonw E. Griffith Do(lson, Jr., James A. Ford, Nicholas F. Ta~ma~ and Robert W. Woody J~ connection with their study of the functions and respensibilities of the City Council end the Offices of the City Attorney and the City Clerk, he presented same; whereupen~ Dr. Taylor offered the follow- ing Resolution: (%21513} A I%ESOLUTION expressing appreciation to the members of the Committee appeinted to study the functions and responsibilities o£ the City Council a~d the Offices of the City Clerk end the City Attorney. (For full text of Resolution~ see Resolution Book No. 39, Page 286.) Dr. Taylor moved the adoptlon of the Resolution. The motion was seconded by Mr. ~ho~s a~d adopted by the following vote: AYES: Messrs. Garlan(l, Lisk~ Taylor, Thomas, Trout and ~ayor Webber .................................6. NAYS: None ...................0. (Mr. H~bard &bsant) BUDGET-JUYE~ILE AND DOMESTIC I~ELATIONS DISTRICT COURT: ~r. Thomas offered the following e~ergency Ordinance transferring $38,000.00 from Contingency Reserve under Section %98, 'Contingencies,' to Persona! Services under Section %19, 'Juvenile and Domestic Relations District Court,' of the 1973-74 budget, to provide funds relative to the salaries of the Judges of the Juvenile a~d Domestic Relations District Court: ~. ~#21514} AN O~DZHA_NCE to amend and reordain certai~ sections of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For f~11 text of Or~ence, see Ordinance Book No. 39, Page 287.} Mr. Thomas moved the adoption of the Ordinance. The motion was s~conded by Mr. Lisk and a~opted by the following vote: AYES: . Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ................... ~ ................ 6. NAYS: Non8 .................... 0. (Mr. Hubard absent) BUDGET-BUSES: Mr. Trout offered the following ~mergency Ordinance appropriating $36,000.00 to Fees for Professional and special services under Section %96, 'Transportation,~ of the 1973-74 budget, to provide funds for the May and June subsidies to Roanoke City Lines, Incorporated, for operation of the public transit system in the City of Roanoke: (g21515) AN OP. DZNAH~ to a.tae, nd and reordain EectlLOn t95, "TraneL~rta- tion," o£ the 1973-94 Appropriation Ordinance, and providing for an e~erganoy. (For full text of o~dinancew see Ordinance'Book No. 39m Page 287.) M~o ~'out m~vad the adoption of the Ordinance. ~he ~tion was seconded by Hr. Garland and adopted by the following vote: · AYESs Hessrs. Garlandw Taylor, ~ho~as~ l~out and Mayor Webber ....5. NAYSs Hr. Llsk ................................................. 1. (Hr. Hubard absent) GA~A~-E REHOV~: Council having directed the City Attorney to prepare the proper ~eas~re accepting a proposal of Yhampson & Litton; Incorporated, Engineers~ Architects and Planners~ to prepare an Addendu~ tl to the Haster Plan for the Roanoke Val'ley Regional Sanitary Landfill dated Septe_~ber, 1973w he presented ea~e; vhereupon~ Hr. ~rout offered the follo~ing e~ergency Ordinance .- (J21516) AN O~DINANCE accepting a proposal of Thompson & Litton, lnc.~ Engineers~ /~rchiteots and Plan~ere, to prepare an Addendum tl to the Master Plan for the Roanoke Valley Regional Sanitary Landfill dated Septemberw 1973, upon certain terms and provisions; end providing for an e~rgeney. (For ~ull ~ext O~ Ordinance, see Ordinance Book No. 39, Page 288.) Kc. T~ut ~oved the adoption of the Ordinance. The ~otion vas seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garland, L[sk, Taylor, Thomas, Trout and Mayor Webber ....................................................................... 6 · NAyS: None 0 ..................................................... ~__ . (Hr. H~bard absent) MOTIONS A~D MXSCELLAKEOUS BUSINESS: YOUTH COMM~SSION: The Deputy City Clerk reported that Mr. Wayne R. LaPierr~ has qualified as a member of the Youth C~ssion for a term of two years ~nd~ng April 14, 1976. Hr. Ltsk moved that the report be received and filed. The motion was seconded by Dr. Taylor and tmani~ously adopted. ~l'tt~ HEA~NGS OF CIT~7.ENS: NON~. There being no further bus~ness, Mayor Webber declared the meat/rig adjourned. ATTEST: City Clerk APPROVED Mayor COUNCIL, REGULAR M~BTINO~ Monday, May 13, 1974. The Council of the City of Roanoke mot ~n'regular meetlng In the Council Chamber ~n the Nunlclpal Bullding~ Honday, May 13, 1974, at 2 p.m., the regular meeting hour, with Mayor Roy L. Webber presiding. PP~ESENT: Councilmen Robert A0 Garland, William S. Hubard, David K. Lisk, Noel C. Taylor~ Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber .................................... ?. A~S~NT ~ None .................... 0. OFFICERS PRESENT: Mr. Byron E. Haner, City Managerl }ir. Sam H. NcGhee, III, Assistant City Managerl }tr. James N. Klncanon, City Attorney~ Mr. H. Ben Jones, Jr., Assistant City Attorney! and Mr. A. N. Gibson, Director of Finance. INVOCATION: The ~etlng was opene~ with a prayer by Vice-Mayor David K. Ltsk. MINUTES: Copy of the minutes of the regular moeting held on Monday, May 6, 1974, having bean furnished each ~m~er of Council, on motion of Mr. Trout, seconded by Mr. Lisk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HF2%RING OF CITIZENS UPON pUBLIC MATTERS: NONE. PETITIONS AL~) COMMUNICATIONS: MIS~r.?~NEOUS-CITY PROPERTY: Copy of a connnunication from CounciLman Robert A. Garland calling attention to the rock festival that took place in the City of Richmond, Virginia, several weeks ago and raising the question as to whether or not the City of Roanoke is protected against such an invasion and, if not, what steps can be taken to prevent it from occurring in Roanoke, parti- cularly insofar as city property is concerned, was before Council. After a discussion of the matter, Mr. Garland moved that the conunun£catfo~ be referred to the City Attorney for hls co~e~ts and report to Council. The motion was seconded by Mr. Trout a~d unanimously adopted. BUDGET-TREA~URSR: Copy of a communication from the Treasurer addressed to the Compensation Board requesting that he be permitted to transfer $4,552.50 from Personal Services to Extra Help in the 1973-74 budget Of the Treasurer, was before Council. Mr. Lisk moved that Councll concur in the request of the Treasurer and offered the following emergency Ordinance: (S21517) AR ORDINANCE to amend and reordain Section ~8, 'Treasurer,' of the 197~-74 Appropriation Ordinance, and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 289.} .159 /ir. Lisk moved the adoption o£ the ordinance. The motion was seconded by Hr. Trout and adopted by the follo~l.ng vote; AYES; Nessra. Garland, Hubard~ Llsk~ Taylor~ Tho~as~ Trout and Mayor Webber .................................. 7. NAYS z None-m ....................... 0. BUSES-SCHOOLS; A cc~unicatlon from Hr. Cecil H. Guilliams, 1130 Hart- sook Boulevardw S. E., complaining that school buses are not picking up the children in the Mill ~ountaln Estates area due to the fact that Garden City Boulevard is blocked off at one section, was before Council. Hr. Trout moved that the communication be referred to the Roanoke City Schonl Board for consideration and report to Council. The motion was seconded by Mr. Llsk and unanimously adopted. ~USEUMS; A c~unication from Hr. D. Rae Carpenter, Jr., Chairman, Board of T~usteee, The Science Museum of Vlrgintaw in connection with a meeting which was held on April 28 and 29 and advising of certain actions taken by the Board of Trustees, was before Council. (For full text, see report as filed in the City Clerk's Office.) Fir. Lisk moved that the com~unication be received and filed. The motion was seconded by Hr. Trout and unan~u~ously adopted. STREET LIGHTS= Copy of a communication from the Appalachian Power Company transatttting a list of street lights installed and/or re/~oved during the month of April, 1974, was before Council. Hr. Trout moved that the connnunication and list be received and filed. The ~tion was seconded by Hr. Lisk and u/~ant/aousiy adopted. I~EPORTS OF OFFICEP~: BUDGET-POLICE DEPARTMENT-MUNICIPAL BUILDING; The City Manager submitted a written report recommending, that $5,200.00 be transferred from Raining of Law Roforce~ent Persounel to Other Equipment - New under Section ~45, 'Police,' of the 1973-74 budget, to provide funds for the construction of shelving for the storage of evidence, lost and found property and operating supplies for the Third Street Pollce Facility, and further recommending the employment of Hedges Luncher C~pany to const~lct the shelyes. Mr. Trout moved that Council concur in the report of the City Hanager and offered the following emergency Ordinance ~ransferrlng $5,200.00 from Training of Law Enforcement Persoonel to Other Equipment - New under Section %45, 'Police,s of the 1973-74 budget= (%21518) AN OP. DINANCE to amend and reordain Section ~45, 'Police,' of the 1973-74 Appropriation Ordinance, and providing for an .emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 290.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote; AYESt NeaSrao Garland~ Nubard~ Llak~ Taylor~ ThoMs~ Trout and ~¥or Webber ................................7. ~YS z N~e ....................... O. B~ET-~RTI The City ~ager s~tted a ~ltten re~t lng that $9,500.00 ~ appropriated ~ Utilities ~der Section J340, of ~e 1973-74 ~rt F~d Appropriation Ord~ce, said ~crease needed for ~e daily o~ratlon o~ ~e alert ~d due 2o the additional ~nal bulldog a~ce ~at is berg f~lshed vi~ elec~lclty and heat as vell as ~e rise In ~e p~lce of oil ~d elec~lcity. ~. ~o~t ~ved ~at Co~cil conc~ in ~e re~rt of ~e City ~nager ~d offered ~e follow~g ~rgency Ordin~ce= (~21519} ~ O~I~ to ~d ~ reordain Section ~340~ ~rt F~d~' of ~e 19~3-74 H~[c~pal Alert F~ Appropriation Ord~n~ce, ~ prov~d~g for ~ ~rgen~. (For full t~t of O~ce, ~ee Ordnance ~k No. 39, Page 290.) ~. T~ut ~v~ ~e adoption of ~e Ord[n~ce. The ~t~on was second- ed by ~. L~sk and adopted by the following vote: AYESt Messrs. Garland~ H~ard, L~sk, Taylor, ~o~s~ ~out and ~yor Weber .......................................7. ~YS = None ........................0. B~DI~R OF FI~-PUR~ING A~ The City ~a~er s~- ~tted a ~tt~ re~rt re~esting ~at $4,339.00 be ~ansferred f~m Data P~cess~g ~der Section ~10~ 'D~rector o[ Finite,' to Office Fu~2~e ~u~ent - ~plac~ent ~der Section %11, 'Purchasing Agent,' of ~e 1973-74 budget, to provide f~ds for ~e p~c~se of a ~s~ge ~il~ng ~chine. ~. ~s ~ved ~at Co~c~l conc~ ~ ~e request' of ~e City ~ager ~ offered ~e ~ollow~g ~rg~ Ordin~ce: (%21520) ~ O~I~ ~ ~end ~d reorda~ Section ~10, 'Director o~ F~n~ce,' ~d Section %11, 'P~chas~g Agar,' of ~e 1973-74 Appropriation Ord~ce, ~d providing for ~ ~erg~. (For full text of O~ce, see Or~ce Book No. 39, Page 291.) ~. ~o~s moved ~e adoption of ~e Ord~ce. The motion was seconded by ~. T~ut ~d adopte~ by ~e fol~w~g vote: A~: Messrs. Garl~d, H~d, L[sk, Taylor, ~o~s, Trout ~d ~yor Weber ................................ 7. ~YS= None ....................... 0. CO~S-S~TS ~ ~YS: The C~ty ~ager s~tted a written re~rt ~ co~ect~on wi~ a jolt coca,cation fr~ ~. J. Ludl~ L~nd~ ~d ~. W~fred H. Hart conceding ~e condition of an alley ~n ~e 2400 block o~ ~fton ~ad ~d ~e ~nd~t~on of a ~ee located on ~e wes~ side of sa~d alley, a~vis~g ~at ~e ~t~ referred to were correcte~ as necessa~ during ~e week of Aprll 24, 1974. 1'61 Dr, ~aylor ~oved tha~ ~e report b~ received and fi/ed, ~ne ~otion was seconded by ~, H~d ~d ~usly adopted, . S~A~B HI~YS~ ~he C~y ~ag~r s~d a.~i~ re~ advlstn~ ~ ~e Vl~g~ia ~ o~ Highways held a c~ed l~a~l~ and desl~ p~llc h~g for ~ 24~ S~ee~ ~rov~ p~o~ec~ on ~pr~l 23~ 1974~ ~d ~ec~dln9 ~t Co~cil~ by appropriate ~solutloa~ approve ~e plus ~or said project, ~. ~ut ~ved ~t ~c&l ~nc~ ~ ~e recordation of ~e City ~ager ~d offered the foll~g ~solutl~s ([21521) A ~OL~ION applying ~e l~ation ~d desl~ of ~e 24~ s~eet, N. W., project, ~ ~e city, pro~sed as State Highway Project ~128-105~ C-501. (For full text o[ Resolution~ see Resolution ~k NO. 39, Page 292.) ~. ~out ~ved ~e adoption of ~e ~solutlon. The ~tion was seconded by ~. H~ard ~d adopted by ~e follow~g vote~ A~i Messrs. Garl~d~ H~ard~ ~sk~ Taylor~ Tho~s~ Trout and ~yor Weber .................................. 7. ~YS = None .........................0. BUI~INGS= The City ~ager s~tted a ~it2en re~rt tr~s~tti~g a s~tus re~rt wl~ res~ct to ~e cond~ation and d~lition activities of ~e Building ~par~t for ~e perl~ fr~ April 1, 1973, ~ough April 30, 1974, ~d also, a s~ o~ activities fr~ J~ua~ 1~ 19~0, ~ough ~ril 30, 1974. ~. T~ut ~ved ~at ~e re~r2 ~ received and filed. The motion was seconded by ~. Garl~d ~d ~usly adopted. G~S-~C~T~ON DEP~T~: ~e City ~ager s~tted a written re~rt recanting ~e adop~on of a Resolution au~orlz~g ~e filing of an applicatlon by ~e ~ty of ~oke for a gr~t o~ Urb~ Assis~nce Incentive F~ds for f~ding a project to es~lish info~ttonal se~ices~ co~ity involv~t ~d a ~ca~onal-recreation p~ogr~ ~ ~e city. ~. Lisk ~ved that co~cil con~ ~ ~e re~rt of ~e City ~ager ~d offered ~e foll~g Resolution au~oriz~g fil~g of said gr~t: (%21522} A ~SOL~ION au~oriz~g ~e filing of an application by ~e City for a gr~t of Urb~ ~sis~ce Inc~ve ~ds for f~d~g a project for es~lis~g ~fo~tional semiteS, co~tty ~volv~t, ~d a ~cational-recreation progr~ ~ ~e cityl ~d ~dicat~g ~e city's willin~ess to se~e as ~ receiv~g agency for such f~ds. {For full t~t.of ~solution~ see Resolu~on-~k No. 39, Page 292.) ~. ~sk ~ved ~e adop~on of ~e ~solutlon. The motion was seconded by ~. G~l~d ~d adopted by ~e foll~g vote= AYe: Messrs. G~l~d, H~ar~ ~sk, Taylor~ Tho~s~ Trou2 ~d ~yor We~er ................................... 7. ~YS: None .......................... 0. BUDGETI The City Hanager sub. fred a ~ritten report advising that there will be pres~ted to Co~cil at ~ts ~e~g ~ ~nda~ ~ 13, 1974~ a cop] of ~e City ~ager's B~get ~ssa~e, acc~led b~ ~e v~lous depa~n~l budgets. In ~s co~ectl~, ~e Clt~ ~age~ s~tt~ a ~lxteen pa~e bud- ge2 ~ssage advis~g oE a $56,340~475.00 b~get for ~a fiscal ~ear ~. T~u2 ~ved ~a2 ~e proceed bud~e~ ~.. received an~ ~de a pa~2 of ~e official ~eco~ds oE Co~cil. The ~tion ~as seconded b~ ~d ~an~usl~ P~I~ ~G~: The City Atto~ey s~tted a writt~ re~rt ~tt~g ~ Or~ce au~oriz~g ~e City Atto~ey to Seek the neede~ right o~ en~ ~ au~orizing pa~t ~ Co~t of ~e to~l s~ of $320,350.00 p~ding cons,~tion o~ the cond~at~ proceedings for pro~rty needed co~ection wi~ ~e park~g garage project. (For full text, see re~rt as filed ~ ~e City Clerk's ~. ~o~s ~ved ~at Co~cil conc~ in ~e re~rt of the City Attorney ~d of[ered ~e following ~rgency O~in~ce: (%21523) ~ O~I~ directing ~d provid~g for ~tion to [or order~g of right of en~ on cer~ parcels of i~d needed by the city as a site for a p~licly o~ed off-street parking facility in the city ~d in~lved in pend~g cond~a~on proceedings ~stituted by.~e city; au~oriz~g pa~t in~ Court of ~e s~ o[f~e~ to be paid by ~e city for said properties; ~d provid~g for ~ ~rgency. (For full text of Ord~ce, see .Ordin~ce ~k No. 39, Page 293.) ~. Tho~s ~ved ~e adoption of ~e Ord~ce. The ~tlon was seconded by ~. Garl~d ~d adopted by ~e foll~ing vote: A~S: Messrs. Gari~d, H~ard, Lisk, Taylor~ ~s, Trout and ~yor Weber .................................... ~YS: None ........................... 0. BU~ET-AUDI~-CO~SE~:' The Director of Fin~ce s~tted a ~itt~ re~rt advis~g of ~e need to appropriate ~ addttlonal $130,882.00 ~ ~ty ~erating Suppl~ent ~der Section %~ 'Civic Center,' of the 19~3-~4 budget. After a ~iscussion o~ ~e ~tter wi~ ~e ~ager of ~e Civic Center ~d ~. Jo~ A. Kellier, Chai~ o~ ~e Civic C~ter ~d Stadi~ Adviso~ C~ssion, ~. Garl~d offered ~e foll~g ~rgency Ordnance: (%21524) ~ O~I~ to ~nd ~d reordain Section $~, 'Civic Center,~ of ~e 19~3-~4 Appropria~on O~inance, ~d provid~g for ~ ~ergen~. (For full text of Ordin~ce, see Ord~ce_~ok No. 39, Page 294.} . ~. Garl~d ~ved ~e adoption of ~e Or--ce. The ~tion ~s seconded by ~. Lisk ~d adopted by ~e foll~ing ~te: AYESz Messrs. Garland~ Hubard~ Liak~ Ta¥lor~ Thomas, Trout and Mayor Webber ..................................... NAYS: None ............................0. REPORTS OF ~qlt~AGE P~EMOV~L~ Council having previously referred to the Landfill ~m~ttee for reply and report certain q~estions raised by Messrs. Edgar U. Hoover' and David N. Leffel relative to the proposed ~anoke Valley R~gional Landfill, the Landfill committee submitted a written report in answer to the three questions which were raised. (For full text, see report as filed in the City Clerk°s Office.) Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Lisk and ~_~a~l~ously adopted. pA~KS AND PLAYGROUNDSz The Mill Mountain Development Committee sul~nitted a written re~ort advis~g that on November 6, 1972, Council authorized the signing of a contract with Ken Wilson and Associates, to make an econo~c feasibility study of Mill Mountain and its proposed develol~nent, that on ~arch 13, 1974, the report was presented in tentative form to he reviewed for any possible alterations before being submitted in final form, that the Mill Mountain Develop~e~lt Conmu'~ttee was requested to study the report and make reconm~ndatlons after consulting with the various organizations interested in the mountain development, and transm~tting a list of fifteen find~gs of the Mi~l'Moontain Development Co~nittea relative to the report of Ken Wilson and Associates. (For full text, see report as filed in the City Clerk's Office.) After a discussion of the report, Mr. Trout moved that the City Manager be instructed to have Ken Wilson and Associates complete the report keeping in ~d~d the find~gs and reco~mendations of the Mill Mountain Development Committee as contained in their report to Council under date of May 9, 1974, and that Ken Wilson and Associates be required to concentrate on the aspect of economic feasibility of the facilities in the overall picture. The motion was seconded by Mr. Lisk and onanimously adopted. }tr. Trout moved that all items contained in the report of the Maantaln Development Ccmmu%ttee relative to funding be referred to 1974-75 hud- get stady. The ~otion was seconded by Mr. Lisk and unanimously adopted. With reference to the Star on Mill Mountain, Mr. Hubard moved that Ken Wilson and Associates he advised to continue their study on the basis that the Star will be moved to another locatlon. The motion failed for lack of a second. Mr. Trout moved that the report of the Mill Mountain Development ~ater du~lng the meeting, ~r. Garland moved that .the !ti11 .Hounta~n Development committee be xequested to sub~t its rec~-~da~tons to Council as to whether or not the Star on H~I1 Hountain should be retained or relocated. The mot~lon vas seconded by H~. Trout and unanLmously adopted. C~LBBI~TIONS~ H~. H. Carl Andrews· Co.helm of the City of Roanoke Bicentennial Cc~mlssion appeared before Council and presented e report relative to the Roanoke Blcen~ennial'Conm~sflion Joining the Roanoke Valley Bicentennial Commission, Incorporated· a non-stock, non-pro[it corpora- tlon recently chartered by the Cc~monwealth of Virginia, advising that this new orqanlzat[un will provide the means of coordinatin9 the efforts of all Roanoke Valley goveznments to provide a suitable local observance of the nation's 200th annlversaz~. ~ro List moved ~hat Council concur in the report of the ~oanoke Blcentennt&l C~ sston and offered the following Council's ~oanoke Bicentennial Co~n[sslon participate in formation of the Roanoke Valley Btcontennial Co~n~$$1on, Inc. · a non-stock, non-profit corpora- (For full text of Resolution· see Resolution Book No. 39, Page 295.) Hr. Lisk moved the adopt[on of the Resolution. .The motion was seconded by Hr. Trout and adopted by the following vote: Ha¥or Webber ................................... SE~ERS AND STOPJ~ DP~INS~ Council having referred to a committee for report a co=~unication from Hr. Fred K. Woolley, Engineer-Manager, Maryland/~irglnl~ Concrete Pipe Association, questionlng the technical and economic propriety of the city's design of large size storm drains wherein the use of corrugated metal pipe is per~tte~, the co~mu~ttee submitted a written report recommending that the =tty oontinue to base the design of large diameter storm drains on the field conditions pertaining to each project end that material useage judgments be made based upon practicallty, effectiveness and economy. (For fu~l text, see report as fi~ed in the City Clerk's Office.) Dr. TayLor ~ove~ that the report be received and filed. The x~otion was seconded by Hr. Garland and unanimously adopted. SEWERS A~ STO~/~ DRAINS: Council having referre~ to a come, tree for tabular/on, report and recommendation the bids which were received for the inspect[on and grouting of sewer Lines tn the city, the committee submitted a written report rec~nding that the Low bid submitted by Underground T/V be accepted, and that the unit prices su~m~ttsd for DivAs[on III work also be ~ncorporated,into the ~ontract. :165 ~1.66 ~tr. Tlu~aa moved that Council' concur An the report of the commAttee and oE£ered the following e~ergenc~, O~n~ces . . (J21526)° AN O~DX~NC~ p~ovlding f~r the cleaning~ testing and grouting of varlous s~nitar~ sewer lines in the city by the award of a contract the~efo~ to Underground T/V Inspect~on~ Inc. ~ re~Jectin~ all other blds! and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 296.) ~ro Thomas ~oved the adoption Of the Ordinance. The ~otlon was seconded by ~r. TrOUt and adopted by the following votes .AYESs *Hessrao Garl&nd, Hubard, Liek~ Taylor, ThOmasw T~out and H~or Webber ..................................... WAYSs Hone ............................. 0o U1TFINISHED BUSINESS: HONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Council having d~rected the City Attorney to prepare the proper measure agreeing to the termination of a certain lease at Roanoke Municlpa! (Woodrum) A/rport, and accepting certain improvements constructed on the leased premises by the united States of America, he presented same~ whereupon, Mr. Trout offered the following Resolution: (%21~27) A RESOLUTION agreeing to the termination Of a certain lease at the Roanoke Municipal Air, port, and accepting certain improvements constr~cted on the leased pr~m~ses.by the t~nants ~mder. a former lease. (For full text of Resolutlon, see Resolution Rook No. 39, Page Hr. Trout moved the adopt/on of the Resolut/on. The metton was seconde~ by Mr. Lisk and adopted by the following, vote: AYES= Messrs. Garland, Hubard, L~sk~ Tay~orw Tho~s, Trout and Mayor Webber ................................... ?. . . NAYS: None ..........................0. MOTIONS AND HISCELLANEOUS BUSINESS :' . CITIZENS ENVIRONMENTAL COUNCIL: As per~a communication from Mr. Thomas Edwards, Presld~nt, Board of Directors, Citizens Environmental Council, Mayor Webber.advised that he ts appointing Mr. Cabell J.' Fearn as the .representative or_the C~ty of Roanoke to the Bdard of Directors, Citizens Environmental Counc~!. Mr. Lisk moved that Council concur in the appointment of Mr. Cabell J. Fear~ as a m~mber of the Boar~ of Directore of the Citizens Environmental Council, The ~t/on was seconded by Mr. Thomas a~d ~nan~mously adopted. RADIO-TELEVISIONs Mr. Garland presented a co~unicat~on from Foster Associates, Incorporated, relative to the anticipated, schedule leading to the co--cement of construction of n CATV syste~ in the ~oanoke Valley. (For full text, see co~unication as flle~,in the City Clerk's Office.) Mr. Garland ~oved that the co~nunlcation be received a~d filed. The met/on was seconde~ by Mr. Trout and ~nanimously adopted. PF~SONNEL DBPARTHENT-YOUTH CO~SSION-CITIZEN8t .ADVISORY ~e ~ea~g ~ ~ vac~c~es on ~e Pe~so~el ~d, ~e You~ ~d ~e C$~zens~ ~vlso~ C~lt~ee~ ~. ~m ~ved ~a2 Co.clX executive 8essl~ ~ dis~ss ~e rotter of fill~g,sa~d vac~cies. ~as se~nded b~ ~. ~out ~d adopted b~ ~e foll~g AYES~ ~ssrs. Garl~d, H~ard~ ~sk~ Taylor~ ~s, ~out ~d ~yor Weber .................................... 7. ~YS ~ None ......................... 0. ~ ~NGS OF CITI2~S~ ~C~L~ ~. H~d congra2ulated Messrs. Taylor. Gar1~d and ~o~s u~n ~eir reelection to ~o~c~1. ~ere ~g no f~er bus.ess, ~yor Weber declared ~e ~eting adjoined. APPROVED A~T~ Deputy City Clerk ~yor -- . ~ COUNCIL~'I~EGULAR METING, :. ' J Moflday~' May 20~ 1974. ' '. The Council of the City of-Roanoke met in regular meeting In the Council Chamber in the Municipal Building, Monday~' May 20, 1974, at 2 p.m., the regular meeting hour, with Mayor Roy L. Webber prestdin~. PRESENT: Councilmen Robert A. Garland, William S. Hubard, David K. Llsk, Noel C. Taylor, Hampton W. Thomas~ James O. Trout and Mayor Roy ~.. Webber ..................................... ?. ABSENT: None---~ ............. OFFICERS PRESENT: Mr. ByrOn E. Haner, City Manager! Mr. Sam H. McGhee, III, Assistant City Manager~ Hr. James N. Klncanon, City Attorney; Mr. H. Ben Jones, Jr., Assistant City Attorney; and Hr. A. N. Gibson, Director of INVOCATION: The meeting was opened with a prayer by Dr. Noel C. Taylor, ~-~ber of Roanoke City Council. M~NUTES: Copy of the minutes of the regular meeting held on Monday, May 13, 1974, having been furnished each ~her of Council, on motion of Mr. Llsk, seconded by Mr. Hubard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTEBS: AIP~PORT: Pursuant to notice of advertisement for bids for expansion of the Air Cargo Building at Roanoke Municipal (Woodrum) Airport, said proposals to be received by the City Clerk until 2 p.m., Monday, May 20, 1974, and to be opened at that hour before Council, Mayo,r Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon the City Clerk opened and read the following bids: Name Amount 30 days 60 days Hedges Lumber Corporation $118,678.00 Valley Contractors Corporation $119,200.00 $124,000.00 Watts and Breakell, Incorporated 134,200.00 Branch & Associates, Incorporated 143,507.34 Mr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recon~endation to Council. The motion was seconded by Mr. Trout and unanimously adopted. Mayor Webber appointed Messrs. Sam H. McGhee, III, Chairman, Kit B. Kiser and James O. TrOut as members of the committee. BUDGET-PAY PLAN-COMMONWEALTH*S A~'~ORNEY: Mr. Robert F. Ridert Commonwealth's Attorney, .appeared before Council and presented his 1974-75 fiscal year budget proposal that the Office of the C~nwealth's Attorney become full tine beginning July 1, 1974, on cendi~_iun that the Attorney's for the Conu~on- wealth be supplemented in accordance with a Pay Plen previously submitted to the City Manager and the Director of Finance, advising that his plan is based upon the fact that attorneys in his office will give up any private law practice 169 and devote full' ~ attention to the office of the Co~aon~ealth~s Attorney and that they will come ~nto the office with the understanding that they will be en~loyed for a period of no to three years, Mr. Trout ~oved that the matter be referred to 1974-75 budget study. · he notion was seconded by Hr. Llsk and unanimously adopted, In this connection, Hr. Leroy Horan, Chai~n of a connn~ttee appointed by the Roanoke Bar Association to investigate the question of adjusted salaries for the Co~nonwealth*e Attorney and his assistants resulting from anticipated change over to full t~me, sulmltted copy of a co~nunication advising that the conn01ttee feels that the majority of the me~bers of the Roanoke Bar Assoclatl6n have felt very st~rongly for a long tL~e that the Co~uonwealthts Attorney and his assist~nts should devote full t~ to ~hat office, point~ng out that it is the judgment of the conmittee, and it is so recon~nended to the ~osnoke Bar Association, that the Bar go on record as supporting a salary scale for the Cn~nwealthts Attorney and his assistants as (1) That the present salary of the Co~uonwealthts Attorney be set at ~35,000.00. (2) That the authorized salary range for assistants be from $12,500.00 to $23,000.00 depending upon the qualifica- tions Of the applicant. Hr. Moran further stated that the above recommendations are based upon the assumption that the Commonwealth's Attorney and all his assistants will devote full t~e to their jobs and that the co, tree further feels that while this is pr~uuarlly a state obllgation, until such time as the state fully meets its c~mu~tme~nt, that these proposed salaries should be supplemented by the city. Hr. Llsk ~ved that the co~n~nication be referred to 1974-75 budget study. The motion was seconded by Hr. Trout and u/~a~mously adopted. PAY PLAN-CITY EMPLOYEES-BUDGET= Hr. Leroy Koran, Attorney, represent- ing a group of city employees mainly in the public Works Division, appeared be- fore Council and read a prepared stat~a~ent relative to pay increases for the 1974-75 fiscal year, advls~ng that according to fiqures he has seen, the cost of living during the last year has increased far in excess of ten per cent and that he feels an overall increase of at least tun per cent would be equitable, urging that this increase be across the board and that no individual departments be favored. Hr. Trout ~vsd that the co~a~unicatio~ be referred to 1974-?~ budget study. The motion was seconded by Dr. Taylor and ~an~mously adopted. PETITIONS A~D COMe, UN.CATIONS= PARKING GARAGE: A co~munication from Hr. Cecil E. Dowdy, General Manager~ Creative Displays of Roanoke, Incorporated, advising that they presently have five paint bulleti~s located on the new site for the City Garage, that they are now paying the city $1,200.00 per year lease rent, that they have been instructed to re~ve the bullet~lls and have been told that a row of trees will be planted along the right of way vhere the bullet'ns are located, and Inquiring as to the possibility of their c~any planting the trees at their ex~anse between the b~tllet~na and also doubling the lease rent per year which vould mean ~2,400.00 annually to the city, was before Council. ~tro Thomas ~oved ~hat the ¢o~,~lcation be referred to the City N~uager for study, re~ort and reconnendatioa to CoUncil. The m~tl~n was seconded by ~r. ~ou2 and unan/~ously adopted. COU~CIL-ELECTIONS~ Copy of an ~bstract of Votes cast in the City of Roanoke, Vlrghia, for Council at the election held on ~ay ?, 1974, was before ~he body. Hr. Trout ~oved that the ~bstract of Votes be received and flied. The motion was seconded by Hr° Lisk and un~hnously adopted. INTEGIh~TION-SEGREGATIOH~ A con~nu~lcation from the Reverend O° Benjamin Sparks tendering his resignation as a member of the Co~xmity Relations Committee since he will be leaving the City of Roanoke during the middle of June, was before Council. Dr. Taylor ~oved that the resignation be accepted with regret. The motion was seconded by Mr. Thomas and unanimously adopted. HT~ALTH DEPARTMENT: A communication from Mr. Andrew H. Thompson ten4er/ng his resignation as a member Of the Board of Mental Health Services of the Roanoke Valley as of May 31, 1974, was before Councll. Dr. Taylor ~oved that the resignation be accepted with regret. The motion was seconded by Hr. Thomas and unan/mously adopted. JUVENILE DETENTION HOME: Copy Of a Resolutlon adopted by the City of Covington at a regular meet/ng held on May 14, 1974, concurring with and supporting the City of Roanoke in the city's efforts to develop a program of outreach det~ntion and a progra~ of regional transportation as additional services to be provided by the Roanoke Juvenile Detention Hemal and indicating the desire and willlngness of the City of Covington to make use of the services of said additional programs upon them being made available under provisions of an agreement to be entered into for payment to the City of Roanoke of a per diem cost of the Ol~eration of said programs as so used by their politlcal subdivision, was before Council. Dr, Taylor moved that the Resolution be received and filed. The motion was seconded by Hr. Thomas and tlnan~mously adopted. HOUSING-SLUM CLEAPA//CE: A commu~icatlon from Hr. R. R. Henley, Exe- cutive Director, City of Roanoke Redevelopment and Housing Authority, transm~tt/~lg a check in the amount of $3,818.33 which represents a partial rebate for reloca- tion costa paid by the City of Roanoke under the Downtown East Urba~ Renewal Pro~ect, advising that the oheck represents one-third of the amount in excess Of $25,000.00 incurred for ~oving costs by The Advance Stores, was before Council. ~:o ?ho~as ~oved that the cr'm~,aication be received ~d filed. ~on was seceded by ~. ~lsk ~d ~usly adopted. ~ ~I~S~ ~ ~i~i~ sl~ed by ~lr~e~ ~esid~s of ~he 4000 · block of G~e~l~ Av~ue~ N. ~.~ ~e~es~g ~a~ a s~ee~ l~gh~ be ins~lled the ~ddle of ~eir bilk extend~ f~m B~ad S~ee2 to ~perley Av~ue~ was ~fore ~o~c~l. ~. ~out ~ved ~t ~e petition Be ~eferred to ~e ~[ty ~aqer for h~dl~9 a~is~at~vely. ~e ~t~on w~s se~nded By ~. ~s ~d ly adopted. At~o~ey, represent~g ~e ~on Co~ration, re~est~ that t~t certain ~o~ed alley, approx~tely 10 feet wide ~d 294 feet long ext~d[ng parallel wi~ Hc~well Av~ue, N. E.~ ~ ~ eaaterly direction fr~ Seven~ Street, N. E., to its intersection wi~ the right of way l~e o~ ~e Norfolk ~d Western Co~y, be vacated~ d~scont~ued ~d closed~ was ~ore Co~cll. ~. Tho~s offered ~e foll~[ng ~solution ap~inting viewers in co~ection with ~e re~est to vacate~ d~scont~ue ~d close ~e alley: (~21528} A ~SOL~ION providing for ~e appo~n~nt of five free- holders, ~y ~ee of wh~ ~y act, as viewers [n connection wi~ the applica- tion o~ ~on Co~ration to pe~ently vacate~ d~scontinue ~d close that cer~n ~op~ed alley, app~x~tely ~0 feet w~de ~d 2~4 feet long ext~d~g parallel wi~ Mctel1 Avenue, N. E., in ~ easterly direction from Seventh S~eet, N. E., to its ~tersection wl~ ~e r~ght of way line of ~e Norfolk Weste~ ~tlway C~y, which alley is ~re specifically descried bel~. (For full t~t of Resolution, see Resolution ~k No. 39, Page 298.) ~. ~s moved ~e adoption of ~e Resolution. The moti~ was seconded by ~. Lisk ~d adopted by ~e fo11~g A~S: Messrs. G~l~d, H~ard, Lisk, Taylor, ~s, Trout ~d ~yor Webber ............................... ~YS ~ None ......................0. ~. Lisk ~ved ~at ~e re~est be referred to ~e City Planing C~ssio~ for study, re~rt ~d rec~endation to Co~c~l. ~e ~tion was sa~nded by Dr. Taylor ~d ~usly adopted. ~PORTS OF P~ ~ P~YGRO~DS-~TIONS= The C~ty ~nager s~tted a ~itt~ re~rt relative to the t~ra~ ch~ge of ~e colors of ~e Star on ~11 ~ to red, white ~d blue ~d adv[s~g o~ ~t~ded negotiations w~ ~e B[c~t~ial C~ssion as to ~e pro~sed revisions. ~. Lisk ~ved ~at Co~c~l conc~ ~n ~e re~rk of ~e C~ty ~nager. ~e ~tion was seconded by ~. Garl~d ~d ~usly adopted. CX~ ~Y~X~ ~GI~GE-~R DE~= ~e City ~ager s~ltted a ~[tt~ re~rt advising ~at as a result of ~e i~l~t[on of ~e 17'1 ~:72 Hanageuent Study recmuMndations; there' has followed a detailed revision of the equilment budgetedt but not yet o~lered~ ~u this current £1scal year; that with the reorganization; so~e of the eqUll~en2 require~ente have changed due to the ability to pool similar equipment, the ability to standardize similar equltment for similar functions and the-better fitting of equipment to the job requirement; recommending that Council eoncu~ In bids being received for various Items of equlpenent rec~nded to ha substituted as Itemized In Appendix A and that Council concur In the deletion of those items of equipment itemized in tppendlx B and further requesting that Council authorize the transfer of various equil~nent fonds as itemized in Appendix C to the garage account to enable the purchase of all of the rem&lning vehicular equipment from that single account. {For full text, see report as filed In the City Clerk's Office.} Kr, Thomas moved that Council concur in the report of the City M~nager and offered the following emergency Ordinance transferring ~526,030.00 from various accounts to Other Equipment - Replacement ~nder Section %71, 'Garage,' of the 1973-74 budget: (%21529) AN O~DINANCE to amend and reordain certain sections of the 1973~74 Appropriation 0rd~nance, and providing for an emergency. (For full text of Ordina~ce, see Ordinance Book No. 39, Page 299.) Mr. Thomas moved the adoption of the OrdIna/~ce. The ~otion was se- conded by Mr. Trout and adopted by the following vote = AYES= Messrs. Garland, Hubard, ~.isk, Taylor, Thomas, Trout and Mayor Webber ............................. = ...... ?. NAYS = No~e ..................... 0. Mr. Thomas further offered the following emergency Ordinance transferring $9,615.00 from Capital Outlay from Revenue ~nder Section ~450, 'Municipal A~r- port Fund,' to Other Equipment - Replacement onder Sectlo~ %71, 'Garage,' Of the 197~-74 budget= {%21530) AN O~O[NANCE to amend and reordain Section f450, 'Municipal A/rport Eund,' of the 1973-74 Muniuipa! A/rport ~und Appropriation 0rd~ance and Section %71, 'Garage,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 301.) Mr. Thomas moved the adoption of the Ordnance. The motion was seconded by Mr. Trout and adopted by the followIng vote= AYES: Messrs. Garland, Hobart, Lisk, Taylor, Thomas, Trout and Mayor Webber ....................................... 7. NAYS = No~e ........................ 0. Mr. Thomas further offered the following emergency Ordinance transfer- ring $4,000.00 from Capital Outlay from Revenue under Section %4~0, "Civic Center Fund - Capital Outlay from ~evonue,' to other Equip~ent - Replacement under Section %71, 'Garage,' of the 1973-74 budget= (%21531} AN OR~INANC~ to amend and reordain Section %450, 'Civic Center F~nd - Capital Outlay from ~evunue,' of the 1973-74 Civic Center Fend Appropriation Ordinance,. and Section %71, "Garage,' of the 1973-74 Appropria- tion Ordinance~ and providing for an energency. (For full text of o~dinance, see o~dinance Book No. 39~- Page 301.) N~. Thomas moved the adoption of the Ordinance. The motion was seconded by N~o ~out and adopted by the following votes ATE~: Messrs. Garland, Hubard~ IAak, Taylor, Thomas, Trout and Mayor Webber 7 HAYS.' None ........................... 0 o H~. Thomas further offered the following emergency Ordinance trans- ferring $4,150.00 fro~ Capital Outlay from Revenue under Section %450, 'Water~ to other Equipment - Replacement under Section I?l, 'Garage,' of the 1975-74 budget.- (%21552) AW ORDIKM/C~ to al~nd and reordain Section iiS0~ 'Water~' of the 1973-74 Water Fund Appropriation O~dinance and Section %?1, 'Garage,' of the 1973-74 Appropriation ordinance, and providing for an emergency.. (Pot full text of ordinance, see Ordinance Book Ho. 3V, Page ~x. Thc~nas moved the adoption of the Ordinance. The motion was seconded by Hr. Trout end adopted by the follo~ing AYF~.- Hessre. Garland, Hubsrd, ~.lsk~ Taylor, Thomas, Trout and Mayor Webber ...................................... ?. HAYS: Hone .......................0. Hr. Thca~as further-offered the following mrgency ordinance trans- ferring $28,5?5.00 from Replacement Reserve under Section %500, 'Water - Replace- ment Reserve,' to Other Equipme~t - Replacement under Section %?1, 'Garage,s of the 1973-74 budget: (%21533) AN ORDINANCE to amend and reordain Section %500, 'Water - Replacement Reserve,' of the 1973-74 Water Ftuld Appropriation Ordinance and Section %71, 'Garage,= of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 39, Page 303.) Hr. Thomas moved the adoption of the Ordinance. The motion was second- ed by Mr. Trout and adopted by the following ~ote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ..................................?. HAYS: None ........................ 0. BUDGET-SEWERS AND STORM DRAINS: The City Manager sub. fred a written report req~est~g that $15,000.00 be transferred from Operating Supplies Materials to Utilities and that $5,000.00 be transferred from Extra Help to Utilities t/nder.Section %90, 'Sewage Treatment Fttnd,' of the 1973-74 Sewage Treatment Fund Appropriation Ordinance, to provide additional funds for the remain- der of the fiscal year due to the increased cost of.electrical service and the- additional cost of water for the application of chemicals in the sewage treat- ment process. 173 Dr. Taylor moved ~hat Council concu~ ~n t~e request of the Cl~y Hanagar and offeroa the relieving energenc~ Ordinance= (J21534) AN ORDIHAHCE to a~ena amd reordain Section Jg0, 'Sewage T~eat~ent Fund,' of the 1973-74 Sewage Treatment Fund Appropriation ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 304.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Hr. Llsk and adopted by the following vote= AYES: Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ........................................ 7. NAYS: None ........................ 0. BUDGET-3U%T~ILE AND DOHESTIC RELATIONS DISTRICT COURT-MUNICIPAL BUILD- lNG= The City Hanager submitted a written report recommending that the low bid of S. B. Cox, Incorporated, in the amount of $6,700.00, for razing the old Juvenile a~d Domestic Relations Cou~t Building, be accepted, and that $6,?00.00 be transferred from Contingency Reserve to Maintenance of Buildings and Property to provide sufficient f~mds. Mr. Trout ~oved that Counoil concur in the recon=~endation of the City Manager and offered the following emergency Ordinance: (t21535) AN ORDINANCE to amend end reordain Section %98, 'Congin- g~ncies,= and Section 164, 'Ma/ntena~lce of City Property,' of the Appropriation Ordinance, and providing for an emergency. {For full text of 0rdi~ance, see Ordinance Book No. 39, Page 304.) Hr, Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. ?. NAYS = None .......................... 0. BUDGET-pARKS AND PLAYGROUNDS: The City Manager submitted a written report recommending that $1,100.00 be ~rans£erred from Personal Services to Food, Medical and Housekeeping Supplies within the budget of the Department of Parks and Recreation to provide sufficient funds to feed the animals at the N/ll N~vnta/~ Zoo ~til the 1974-75 fiscal year budget is approved. Hr. Trout moved that Council concur ~ the reco~lmendation of the City Manager and offered the following emergency Ordinance: (%21536) AN ORDINANCE to amend and reordain Section 175, 'Parks and Recreation,' of the I973-74 Appropriation Ordinance, and providing for an {For full text of Ordinance, see Ordinance Book No. 39, Page 305.) Hr. Trout moved the adoption of the Ordinance. The Iootlon was seconded by Hr. Garland and adopted by the following ~ote: ATF.~: Messrs. C~rland, Nubard, Lisk, Taylor, Tho/nas, Trout and Mayor Webber .......................................?. NAYS: None .......................... 0. STATE HIGHWAYSz The City Manager submitted a written report relative to Resolution No. 21411 requesting that the .Virginia Department of Highways initiate the Vfnto~ H~ll Road from Orange Avenue to Pollard Street Pro]ectt pointJ-ng out that the city has been advised o£ the necessity to amend ths Resolution to indicate that the city is willing to pay 100 per cent of all costs incurred on the project, if, at solne future date, the city proposes that the speclfic project be abandoned and to incorporate into the amended Resolution the cityus request to the Highway Department to acquire the needed rights of way for the project and convey thom to the city at the appropriate time and recommend- ing the adoption of such an amended Resolution. Hr. Llsk moved that Council concur in the reco~ndatlon Of the City Managsr and offered the following Resolution: (121537) A P~ESOLUTION recommending and urging ths initiation by the Department Of Highways of a proJsct to ~mprove Vinton Hill Road from Orange Avenue in the City Of Roanoke to Pollard Street in the To~n Of Vlnton, setting out the need therefor~ committing the city to pay its proportionate part of the cost of such project, or 100% of all costs incurred by the Commonwealth should the city desire, later, to abandon the project~ requssting the State Highway Comndss~oner to acquire all necessa~ rights of way for said pro~ectj end repealing Resolution No. 21411 adopted by the Council on March 11, 1974. (For full text Of Resolution, see Resolution Book No. 39, Page 306.) Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout end Mayor Webber ..................................... 7. NAYS: Nons ............................0. STATE H~GHWAYS: Ths City Manager submitted a written report advising of receipt of the Co~nnonwealth of Virginia Department Of Highways 1974-75 tenta- tive allocations for interstate, primary and urban construction work, and further advising of a formal public hearing on this allocation of fends by the Virginia Departmsnt Of Highways at Hotel Roanoke at 9 a.m., Wednesday, June 12, 1974, and transmitting a listing of c~ty projects included in th~s tentative allocation. (For full text, see report as filed in the City Clerkts Office.) flr. Lisk moved that the report be received and filed. The motion was seconded by Mr. Hubard and ~ma~f~ously adopted. BRIDGES-STATE H~GHWAYS: The City Hanager submitted a written report reconnnending that he be authorized to enter into agreement with the Virginia Department of Highways for the construction a~d ~ainte~ance of the c~ty~s portion of the replacement of the bridge and approaches on the Lynchburg-Salem Turnpike over Peters Creek at the west city limits. Mr. Trout moved that Council concur in the recommendation of the City Manager and offered the following emergency Ordinance: ,.LID (J21538) AH OI~DTHAH(:~ concurring :LA ~e avaz~ of a c~ac~ b~ ~e ~uveal~ o~ V~g~a~ ~t 0f H~g~a~s~ foe ~e replacer of ~e b~ldge ~d app~aches ~ L~c~g-Sal~ ~pike~ H, H.. ove~ Fe~eEs Creek, a~ ~e wes~ co~ra~e l~s of ~e cl~y~: prov~d~g fo~ ~e execu~l~ of ~ agEe~ wl~ ~e Vlrg~a ~E~ of Highways relative ~o ~e of ~u~e 1431~ Highwa~ Pro~ec~ 1431-080-~52~ C-501j B-635j U~-128-111, ~d s~gnify~g ~e c~yts ~ ~o par~lclpa~u In ~e pa~n~ of a certain ~r~on of ~e costs o~ eaid p~o~ec~, and p~ovl~lng fo~ ~ (FoF full ~ez~ of Ord~ce~ see O~d~ce ~ok No. 39~ Page 307.) ~. T~u~ ~ve~ ~e adoption o~ ~e O~d~ce. ~he ~ion vas seconde~ b~ ~. Msk ~ a~op~e~ b~ ~e foll~g vo~e~ AYe: Hessrs. Garl~d~ H~ard~ L~sk~ Taylor~.Th~s~ ~out ~d ~yo~ Weber ........................................~ · ~YS ~ N~e ......................... 0. ~TS-S~ ~ S~ D~NS: The C~ty ~nager s~tte~ a ~tten re~rt relative to ~n~nt No. 2 from ~e ~v~ro~ntal Protection Ag~ to ~e city's gr~t for ~e const~ct~on of ~n~acts A ~ugh D at ~e Sewage ~ea~t P~t, a~vis~g ~at ~s ~t ~ecrease~ ~e ob~gation o~ EPA by $~6,200.00 f~m $5,045,500.00 to $4~329,300.00, ~at ~e decrease ~ obliga- tion ~s due to ~e ~er-~ of ~e contracts ~n~l~ ~d re-est~lishes a five per c~t cont~g~ ~ rec~g ~at Co~c~l au~or~ze ~e C~ty ~ager to execute ~t No. 2 to Federal Gr~t No. C-5103~0-01. ~. Th~s ~ve~ ~at ~c~ conc~ ~ ~e reco~ndat~on of ~e C~ty ~ager ~ offere~ the fo~l~ing ~solut~on: (%21539) A ~SOL~ION au~or~z~g ~e City ~nager to execute, on hal~ o~ ~e c~ty, ~n~t No. 2 to a cer~a~ gr~t heretofore ~e by ~e Unite~ States of ~rica to the C~ty for pro~ect No. C-510370-01~ for const~c- t~on of cer~ sewage ~ea~t facil~tles, said ~t haying ~e effect of decreasing ~e ~t of sa~ gr~t by ~e s~ of $716,200.00. (For full text of ~solut~on~ see Resolution B~k NO. 39, Page 309.) ~. ~s ~ve~ ~e a~option of ~e Resolution. ~e ~t~on was secon~e~ by ~. ~ut ~d a~opted by ~e following vote: A~S: Messrs. GarliC, H~, ~sk~ Taylor, Th~s, ~out ~d ~yor Webber ................................ ~YS: None ........................... 0. ~ D~: The C~ty ~ager s~tted a ~tt~ re~rt rec~- m~g ~at ~c~1 r~ew for ~o~er five ~e~ ~r~, re~oacti~ to ~ beg~- ntng on Apr~ 1, 1974, a forest ~ag~t c~act w~ York Fores~ ~ ~mp~y, ~n~rated, ~ or, er to keep ~e city appra~se~ o~ ~e condition of ~e t~er ~ ~e city's watershe~ l~s. (For full t~t, see re~rt as file~ ~n ~e ~ty Clerk's Off~.) ~. T~ut ~ve~ ~at ~c~1 conc~ ~n ~e rec~n~at~on of ~e City ~ager ~ ~t ~e foll~g Or~ce be place~ u~n ~ts f~rst rea~g: · , (t21~40) AN 01t~INANC~ authorizing the e~ecution of a contract to provide for the city certain'fo~est management services, upon certain terms and conditions. ' . (For full text of Ordinance, see Ordinance Book No. 39, Page 311.) The lootion was seconded by Hr. Garland and adopted by the following AYES: Hessrs. Garlandw ,Hubardw Llsk~ Taylor~ Thc~as~ Trout and Mayor Webber ............ ~ ...................' ...... ? · NAYS: None ...... ............ =--l-0. SALE OF PROPERTY-SIDEWALK~ CURB AND GUTTER-STREETS AND ALLEYSI The City Manager sutnn~tted a written report recon~nending acceptance Of t~e offer of John M. Oakey, Incorporated, to convey 907.02 square feet of land on Church Avenuaw S. W., to the city for a nominal consideration of $1.00, plus the cltyes installation, at its sole expense, of an eight foot wide sidewalkf curb and qutter~ two 30 foot entrances and one 20 foot entrance to serve the John N. Oakey property on Church Avenue. (For full text, see report as filed in the City Clerkes Office.) Hr. Trout moved that Council concur in the report of the City Manager and offered the followlng emergency Ordinance: (J21541) AN ORDINANCE authorizing and providing for the cityes acceptance of a strip of 1slid containing approxil0ately 907.02 square feet on the southerly line of Church Avenue, S. W., for public street purposes; upon certain terms end condltionsl and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 309.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by ~r. Lisk and adopted by the following vote: AYES: Messrs. Garland,' Hubard~ Lisk, Taylor, Thomas, Trout and Mayor Webber ........... l ............................... 7. NAYS: None ............................0. BUDGETaCITY HOME: The City Manager submitted a written report transmitting copy of a report from Smithay and Boynton, Architects and ~gineers, relative to an evaluation and study of the City Nursing Home and preliminary cost estimate of the work required to bring the Nursing Homo into compliance with state rules and regulations governing such facilities. (For full text, see report as filed in the City ClerkUs office.) Hr. Thon~as nx~ved that the report be referred to 1974-75 budget study. The motion was seconded by Mr. Lisk and unanimously adopted. CITY EMPLOYEES-POLICE DEPARTMENT= The City Manager subm/tted a written report rachel-ding that Council take the appropriate action to authorize the payment of police officers at a rate of time and one-half per officer hour for court time in lieu of the standard $5.00 pit attendance currently in effect. (For full text, see report as filed in the City ClerkUs Office.) Hr. T~out moved that the report be referred to tho City Attorney for preparation of the proper measure. The motion was seconded by Hr. Llsk.and unanimously adopted. · ' "' AUDITSs The Director of pl~anco std~mitted the financial report of the City of Roanoke for the month of Aprll~ 1974. Hr. Thomas moved that the report be received and filed. The motion was seconded by Hr. Trout and unanimously adopted. BUDGET-DIRECTOR OF FINANC~ The Director of Finance submitted a written report requesting that $500.00 be appropriated to Education under Section il0, "Director of Finance," of tho 1973-74 budget~ said funds being needed duo to the separation of the Office of Director of Finance into the three present sections as recommended in the reorganizational plan. Hr. Thomas moved that Council concur in the request of the Director of Finance and offered the following emergency O~dinance~ (J21542) AN ORDINANCE to ~end and reordain Section il0, 'Director of Finance,' of the 1973-74 Appropriation Ordinance~ and providing for an emergency. (For full text of ordinance, see Ordinance Book Ho. 39~ Page $11.) Hr. Thomas moved the adoption of the Or,/nonce. The motion was seconded by I~r. Trout and adopted by the following vote: AYES: Hessrs. Garland, Hubard~ Llsk, Taylor~ Thomas, Trout and Hayor Webber ..................................... ? · NAYS~ Hone ............... ~ ....... 0. WATER DEPARTHENT: The Director of Finance submitted a written report recommending that Council adopt a procedure whereby a customer may pay his water bill at one of the locai banks and advising that after all the details have been worked out, the proper Ordinances can be prepared to accomplish this transaction. Hr. Thomas moved that tho matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Trout and unanimously adopted. REPORTS OF COMMITTEES: HONE. UNFIHISHED BUSINESS: HONE. CONSIDERATION OF CLAIHS~ HONE. BUDGET-TAXES: Hr. Hubard presented a co~unlcation transmitting copy of a communication from the Virginia Municipal League. advising that when the cities of Alexandria and ~.ynchburg recently increased their tax rate on , cigarettes, the per capita sales d ....... d about ten Pe .... t in each ..... but the total ...... in ...... d 28 and 52 Per cent ....pectively. Hr. Hubard moved that the co~nunication be referred to 1974-75 budget study. The motion was seconded by ~r. Thomas and unan~usty adopted. BUD~RT: Hro Hu~ard called to t~e attentio~ of Council the need for sett~g ~tes ~or 1974-75 b~et st~ sessions. After a disc~sion of ~e ~tter, ~. Garl~d ~ved that Co~cil hold a p~ltc hearing at 7:30 p.m., ~es~y, ~y 28, 1974, ~ ~e Co~cil C~er on ~e 1974075 fiscal ~ear b~get~ ~ab ~e first budge~ stay session ~ scheduled to ~gin foll~g ~e ~e~laE Meting of ~cll on ~n~; ~e 3~ 1974f ~d ~ab f~r b~get sbud~ da2o8 ~ se2 a~ ~ab t~. The ~bXon vas seceded b~ ~. ~s ~d ~usly adopted. . . Steer, ~ep~es~g ~tal Action Aga~ Pove~t~ ~ Ro~oke Valle~f appeared ~fore Co,clX ~d ~aised ~e ~esbi~ as ~ a sui2~le date In which the of T~ ~ghb appea~ ~fore Co,clX ~o presen2 i2s p~oposed 1974-75 budgeb p~lic hearing on ~es~, ~ 28, 1974, a~ 7:30 p.m., to pre~ent said request. B~ET-~ A~XOH A~INST PO~R~ IN RO~O~ V~Y: Suppl~nta~ ~ter~al [r~ ~2al Ac2Xon Against Pover2y ~ Ro~oke Valle~ rela2~ve 2o its 1974-75 budgeb ~e~est to CoccYX, was before before ~e ~. Th~s ~ved ~a~ ~e suppl~ta~ wterXal be refe~ed ~o 1974- 75 bud~e~ $2ud~. ~e ~2Xon ~as seconded b~ ~. T~u~ and ~usl~ adop2ed. PE~O~ DEP~: ~or W~r called ~o. the a~2entXon of ~ab ~here is a vac~c~ on ~e Perso~e~ ~ard c~ea~ed b~ ~he resX~abXon o[ ~. ~. C. C~ch[Xeld, Sr., for a te~ ~d~g Feb~ua~ 28, 1975, ~d called for no~abXons ~o ~ll ~e vac~cy. ~. ~s placed ~n n~na~[on ~e n~ o[ ~. WXlli~ C. Thorns. There be[n~ n~ f~er n~nabX~s, ~..WXlli~ C. Tho~s ~a~ elec2ed as a m~r o~ the Perso~el ~rd to fXlX ~e ~X~ed te~ off ~. ~. C. Crutch~eld, Sr. ~ resXgned, ~dXng Feb~a~ 28, 1975, by ~e ~oll~g vote: FOR ~. ~O~: ~ss~s. Garl~d~ H~d, L~sk, Ta~lor, Th~s; ~d ~o~ Webbe~ ................................ 7. ~R ~NGS OF CIT~S: NO~. There ~ing no fur~er bus.ess, ~yor Weber declared ~e meeting APPROVED Deputy City Clerk ~yor ~e Co~cll of ~e.Ci~y, 9( ~oke ML ~.re~la~ ~e~ng in ~e Co~cll Q~r ~.~e H~lclpal.Bulld~g~ ~es~. ~. 28. 1974~ a~ 7~30- · p.m., wl~ ~yor ~y ~. W~r p~es~d~g. P~SE~ ,Co~c~:~rt A. Garl~d, W111~ $. H~ard, David K. ~sk~ Noel C. Tay~or~ H~ton W. ~s~ ~d ~yor. ~y L. W~b~r ...... 6. ~S~ Co~c~ J~s O. T~ut .......................... ~FI~ P~SE~ ~. Byron E. ~er, C~ty ~agerl ~. S~ H. M~hee~ ~, Assis~t City ~ager~ ~. J~s N. K~nc~on, C~ty Atto~oy~ - ~. H. Ben Jones, Jr., ~s~st~t C~ty A~to~eYl ~d ~. A..N. G~bson~ Directo~ of F~nance. ~T~ON: The m~et~n~ was o~ed w~ a prayer by Dr. Noe~ C. Taylor M~: Copy of ~e ~nutes of ~e re~lar meeting held on ~nday, ~y 20, ~974, hav~g be~ f~shed each m~r of Co~c~Z, on ~t~on of ~. ~s, seconded by ~. L~sk ~d ~usly adopted, ~e readSng ~ereof was d~sp~s~d wi~ ~d .~e ~utes approved as r~corded.. ~NG OF CITZZ~S ~ON P~LIC ~: . : B~ET: Co~c~l hav~ng set a p~c. he~g for 7:30 p.m., ~esday, ~y 28, 19~4, on ~e 1974-75 f~sca~, year budget' ~e ~tter was befor~ the ~. E. C~11 Br~d, Pres~d~, Board o~ Directors of. ~ta~ Action Aga~st ~ov~rty ~n Ro~oke Valley, appe~d.before_Co~cll ~d briefly e~la~ed ~e f~ct~ons of T~, advisSn~ ~at.T~ ~s re~est~g a f~re of $436,135.00 fr~..~e .CSty of Ro~oke for ~e 1974-~5 fiscal year, ~at in past n~e years:~ has sp~t over $30 ~ll~on ~ ~e Ro~oke Valley wi~ a peak ~1 budget of approx~tely ~6 ~ll~on fgr ~ ~d ~ts ass~ated ag~cies, ~at wh$1e ~e $436,135.00 ~s a ve~ s~s~al s~, ~t ~s st~11 only a~ut $100.00 a year for each ~or f~ly ~n ~e c~ty ~d less ~ $25.00 for each ~r person ~d ~t s~ce it ~s ~kely w~in.~ n~t five weeks ~at T~ w~11 receive federal f~d~ng for ~e next f~scal year, ~t ~s re~ested ~at ~oke C~ty Co~c~l a~pro~r~ate ~e ~n~y to b~ pa~d ~n~y, ~n the ~t o~ $36,~00.00 ~r ~n~, ~der ~e condlt~on ~at if T~ ~s federally f~ded ~e ~ney w~11 ~e ret~d to ~e cSty. ~. ~na~d Jord~ appeared before Co~c~ ~d read a co~cat~on from ~. ~chard L. ChUb, Pr~s~d~t, Ga~ns~ro ~d Nor~west Boys~ ~creat~on ClX, e~ress~ng ~e opinioa ~at because of ~e varied act~vit~es, org~lzat~ons ~d progr~ ~at T~ has assisted ~ f~d~ng, ~ ~n ~y ~s~ces ~nceived, so~ const~ctive action should be taken t~ard includ~g T~ ~ ~e Ro~oke City budget. H~. George E. Franklin, Chairmanw Opportunities Industrialization Centers of Virginia, Incorporated, appeared before Council and read a prepared statement expressing concern for ~he futu~e manpower and htman resource development throughout the Fifth Planning District which includes TAP and all other agencies that may be directly or indirectly involved in assisting the poor, the minorities and the economically disen- franchised, advising that many of the Issues raised relative to financial efforts could be addressed to som~ degree by the new manpover legislation, Public Law 193-203, the Comprehensive E~lolment and Training Ac2 of 1973, and that the financial assistance requested bM TAP may either In total or In part be included in the $3 million plan allocation under the CETA consortium. Hr. S. W. ltylton, representing the Senior Citizens~ Advisory Councll~ and Hr. John A. sabean, representing the Roanoke Area Drug Abuse Cuntrol Council, appeared before the body in support of the request of TAP. Approximately 30 people attended the Council meeting in support o[ the request of TAP. Approximately 20 communications in support o£ the request of TAP were before Council. Hr. nisk ~oved that all the c~t,nlcatio~s relative to the TAP budget request be referred to 1974-75 budget study. The motion was seconded by Hr. Hubard and unanL~ously adopted. With respect to another phage Of the 1974-75 fiscal year budget, Hr. Leonard Pick, Chairman of the Board, Offender Aid and Restoration, appeared before Council and advised that OAR is in need of financial assistance from the City of Roanoke, that they are requesting an approximate appropria- tion of $36,000.00 and briefly outlined the f~nctlons of OAR. Hr. Ltsk moved that the request be referred to 1974-75 budget study. The ~otton was seconded by Hr. Hubard and ~an~mously adopted. WATER D~PARTHENT= Council having set a public hearing for 7=30 p.m., Tuesday, May 28, 1974, on the question of City Council~s approval of the concept of the Metropolitan/Regional Water Quality Management Plan pre- pored by the Fifth Planning District C~-~*sston dated December, 1973, the ~atter was b~fore the bo~y. In th~s connection~ Hr. R~chard B. Burrow, Transportation Planner for the Fifth Planning District Comm~ssi~n, appeared before Council and presented a brief explanation of the Metropolitan/Regional Water Quallty Manag~nent Plan to the members Of Council. Hr. Thomas moved 'that Council rea~flrm Its prior position of approving the Metropol~tan/Regienal Water Quality 'Management Plan as t~ its concept 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 adopted. ~82 STREETS AND ALLEYSt Council having set a public hearing for 7~30 p.m., Tuesday, ~ay 28~ 1974; on the request of.the City. of Roanoke to vacate~ discontinue and close that certain lq-foot wide alley located south of Tazeweil Aven~e~ S. E., and extendLu9 in a ~est-east direction froa First $~ree~, $. ]~.~ ~o ~nird S~reet~ S. S.~ t~rough Blocks 5 and 6 of the Hap of Park Land and Improvement CO. any and across the Norfolk and Western ~aliway Company's Winston-Salem Division right of way, the matter was before the body. In this connection, thc City Planning commission submitted a written report recmmending that the request be approved. The viewers appointed to view the 'alley submitted a written report advising that they have viewed the alley and the neighboring property and they are unanialously of the opinion that no Inconvenience would result to any individual or to the public from vacating, discontinuing and closing No one appearing in opposition to the request, Dr. Taylor moved that the following ordinance be placed upon its first reading= (lllSil) AH ORDINAI~CE permanently vacating, discontinuing and clos- ing that certain if-foot wide alley located south of Tazeweli Avenue, S. E., and extending in a west-east direction from First Street, $. R., to Third Street, $. E., through Blocks 5 and 6 of the ~ap of Park I~nd and Improvement Company and across the Norfolk and Western Railway Co~pany's Winston-Salem Division right of way, said alley being sho~n on sheet 401 of the City's Tax Appraisal Hap, the title to which said portion of said alley shall re- vert to the abutting owners; and authorizing the payment of viewers in coenec~ion with said alley closing. (For full text of Ordinance, see Ordinance Book No. 39, Page 327.) The wtion was seconded by ~[r. r. isk and adopted by the following vote: AYES: Messrs. Garland, Eubard, nisk, Taylor, Thomas and Mayor Wehber ................................. 6. NAYS: None ..................0. (Mr. Trout absent) PETITIONS AND CO~24UNICATIONS: PENSIONS: Councllma~ Robert A. Garland presented a co~uniation relative to a cost of living increase for retirees, reco~=~ending that the matter be re-referred to the E~loyeee' Retirement System, Board of Trustees, as well as to 1974-75 budget stndy, for a deter~ation of the cost to the city based on the supposition that Cou~cll will approve a similar cost of living increase to these retirees as is being considered for current city employees. (For f~ll text, see co~nnication as filed in the City Clerk's Office.) Mr. Garland ~ved that whatever percentage increase Council finally derives insofar as current city employees is concerned that the same percentage be applied to those persons receiving pensions from the City of Roanoke. The motion was seconded by Mr. Llsk. ~fter a lengthy discussion as to the figures involved and the interpreta- tion of ~r. Garland'a motion~ H~. Hubard moved that the intent of Hr. Garlend's motion be that the Board of T~ustees of the Employees' Retirement System be requested ~o submit figures on the proposal of granting a cost of living increase to retirees comparable to that p~ovided current e~ployees on the City of Roanoke payroll for the fiscal year 1974-75 before Council makes a definite decision on the matter. The motion was seconded by Hr. Thomas and unanimously adopted. Hr. Lisk than moved that the Board of T~ustees of the Employees" Retirement System also be requested to submit facts and figures to Council as to whab it would cost to upgrade the benefits of me. bets under the old Police and Fire pension System with 25 to 30 years of se~vice~ applying the same lo,hula that was used to upgrade the benefits of members under the old Police and Fire Pension System with 30 years Of service and over. The motion was seconded by Hr. Garland and adopted, Hr. Hubard voting no. Hr. Hubard voiced opposition to the motion because he is of the opinion that the Board of Trustees of the Employees* Retirement System should also submit its recannnendation relative to the proposal. T~FIC: A conununication from the Northwest Neighborhood Alliance advising of a request previously made to the City Hanager for a traffic light at the intersection of Gllmer Avenue and 5th Street, N. W., point~ng out that a t~affic study was made and they were told that the of traffic at this intersection did not warrant a traffic light and request- ing that Council check into the matter, was before the body. Hr. Thomas moved that the matter be referred to the City Manager for investigation. The ~otlon was seconded by Mr. Ltsk and ananimously adopted. SEWEP~ AND STORM DRAINS: A communication from Mr. Alton B. Prillaman, Attorney, representing American Valley Inns, Incorporated~ relative to a proposed sewer extension to 6.42 acres of land on the south side of State Route 220 in Roanoke County, was before Council. (For full text, see communication as filed in the City Clerk's Office.) Mr. Lisk moved that the con=aunication be referred to the Water Resources C~m~{ttee for study, report and reco~nendation to Council. The motion was seconded by Mr. Hubard and adopted, Hr. Thomas not voting. Hr. Thomas requested that the record show that he is not voting on the request and that as Chairman of the committee he will not be a participant when the request comes before the Water Resources Corem/tree. REPORTS OF OFFICERS= ANNEXATION-CONSOLIDATION: The City Manager submitted a joint report fro~ the City Hanager and the City Attorney relative to the ~mployment of Morton Noffman and Company, Incorporated, to assemble and compile certain factual data and information necessary for a proper presentation Of the city's case in annexation. }ir. ~a "-~¥ed t~t Council concur 1~ the Joint report ~d offered ~e foiling ~rg~ ~d~cee . (J21544) ~ O~Z~ provld~ ~o~ ~e city's engag~nt of cef- tin p~fessi~al ~nsul~2 seduces u~n ce~ka~n te~ ~d cond[tions~ ~ pzov~d~g for ~ ~rg~c~. (For full t~t of O~d~ce~ see O~[n~ce ~k Ho. 39~ Page 314.) ~. ~s ~ved ~e adoption o[ ~e O~ln~ce. The ~2~on was se~nd~ b~ ~. Lisk ~d adopted b~ ~e [oll~g ~e~ AYES~ Hess~s. 6arl~d, H~ard, ~isk, Taylor, ~s ~d ~or Web~ ......................... ~-~ ........ 6. ~YS: N~e ..................... ~0. (~. Trout abs~t) ~ICIP~ BUI~ING~ The C~ty ~ager 5~tted a ~tten re~rt recanting ~t a con~act ~ ~tered ~to w~ H~ges L~er Co~ration for cer~ ~if~cat~s an~ repairs to ~t s~ce fo~rly occup~e~ by ~e Police ~p~t, In ~ ~t not to excee~ $31,000.00, In order p~v~e for ~e creation o~ a C~ty collector's (For full text, see re~rt as f~le~ ~n ~e City Clerk's ~. Lisk ~ved ~at Cocci1 c~c~ ~n ~e recantation of City ~ager. Th~ ~t~on was secon~e~ by ~. Garl~ an~ ~an~usly adopte~. B~T-DEP~ OF PUBLIC ~= The City ~ager s~tte~ a ~tt~ re~rt rec~ng ~at ~,500,00 be ~s~erre~ ~rom ~d to ~p~t ~1~ to Ai~ to ~n~ent ~l~en - Foster Care ~der Section ~37, ~P~l~c ~s~st~ce,' of ~e ~973-74 budget, ~o provide f~ds to fully cover exp~t~es for ~e ~n~s of ~y ~ J~a ~ ~e over for ~ ~n~ of Apr~l. ~. Lisk ~ved ~at Cocci1 conc~ ~ ~e rec~n~tiun of ~ City ~ager ~ offere~ ~e followlng ~rg~cy {%2~545) ~ 0~ to ~ ~ reor~atn Section ~37, 'P~l~c ~s~st~ce,~ of ~e 1973-74 Appropriation Ord~ce, ~ providing for ~rg~. (For f~l t~t of O~n~ce, see Ord~ca ~ok No. 39, Page 315.) ~. L~sk ~v~ ~e a~opt~on of ~e Ord~ce. The ~tion wa~ seconde~ by Dr. Taylor ~ adopted by ~e fo11~ng A~= Messrs. GarliC, H~ar~, L~sk~ Taylor~ ~s ~d Webber ..... t ............................ 6. ~YS: N~e ...... ' .............. 0. (~. Trout abs~t) B~ET-D~ OF P~L~C ~= The City ~nager s~tted a ~tt~ re~r~ r~co~n~g ~at $7,500.00 ~ ~s~erre~ from ~N - O~er SedUces to Day Care - N~ ~N ~der Sec~on %37~ '~lic ~sist~ce~' ~e 1973-74 budget, to prov~d~ f~s to ~ul~y cover e~endlt~es for ~e monks Dr. Taylor ~oved that Council concu~ ~n the reconmendation of the City Hanager and offered the follovlng emergency Ord~uance: (J21546) AN ORDIHANCE to amend and-reorda/n Section ~37, 'public Assistance,' of the 1973-74 Appropriation Ozdinance, and provid~ng for an (For full text of Ord~nancel see Ordinance Book No. 39, Page 315o) Dr. Taylor moved the adoption of the o~d~nanceo The motion was seconded by Kr. Nubard and adopted by-the following vote: Hayor Webber ............................... NAYS: None .......................0. (Hr. T~out absent) . BUDGET-CO~ONWEALTH ~ S ATTOrNEY-GRANTS ~ The City Manager submitted a written report advising that a gra~t request for funds to provide for a four- approved for the C~nwealth~s Attorney, in the total amount of $332.00, with $298.00 coming from Federal Block Funds, $17.00 from D.J.C.P. General Funds and $17.00 provided locally Ln cash match, rec~,~ending that the City gra~t and that $332.00 b~ appropriated' to this grant account. Hr. Lisk moved that Council concur in the reco~nendation Of the City Manager and offered the following emergency OrdLnance: {%21547) AN ORDINANC~ to ~me~d and reordain Section %22, wealth~s Attorney,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 316.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Hubard and adopted by the followlng vote: Webber ...................................... 6. ~ NAYS~ None .................... 0. (Mr. Trout absent} Mr. Lisk then offered the following Resolution authorizing the ($21548} -A RESOLUTION authorizing the-acceptance, execution, and filing of the 'Special Cundit~ons-for Actton Grant Awards' with the Division of Justice and Crim~ Prevention for an action grant of federal funds to provide additional training for the Con~nonwealth~s Attorney of the city. (For full text of' Resolution, see P~solution Book No. 39, Page 316.) Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted.by the following vote: - NAYS: None ........................0. (Mr. Trout absent) BullET-PAPaS AND PL~YGROUNDSt The City Hanager submitted a ~12ten re~zt ze~g ~2 $4,300.00 ~ ~sf~red f~ Pegsonal~ Se~lces to Play ~ade=s ~deg Section [75~ 'P~ks ~d ~cgeabion~' of ~e 1973-74 budget. ~. ~s ~v~d ~a2 Co~cil ~nc~ ~ ~e reco~ndation of the Ci2y ~age~ ~d offered ~e foll~hg ~rqen~ Ordin~cet (~21549) ~ 0~I~ to ~nd ~d reordaln Sect/on ~75~ 'Parks ~d ~crea~,~ of ~e 1973-~4 Appropriation Ordin~ce, ~d providing for (For full t~t of Ordin~ce, see Ordtn~ce ~k No. 39, Page 317.) ~. ~s ~ved ~e adopklon of the Ordnance. ~e ~tlon ~as seconded by ~. Ltsk ~d adopted by ~e foll~tng vote: A~= Hess~s. Garl~d, H~a~d, L~sk, Taylor~ Tho~s and ~yor Webbec .......................................... 6. ~YS: None ............................0. (~. Trout absent) POLI~ DEP~: The City ~ager s~tted a ~itten re~rt wi~ respect to pay~g overt~e to ~lice officers for ~eir t~ spent In court, advising ~t in ~e process of prepar~g ~e pro~sed Ordin~ce it was dete~ned ~at Paragraph C of ~e overt~e re~lations relative to com- p~sation on ~e basis of ho~ly ~its should ~ revised tu deal wi~ one- half ho~ ~i~ instea~ ~d ~at ~e City Atto~ey is preparing a revised 0rd~ce to au~orlze ~e pa~ent of overt~ ~ incr~nts of one-half ho~ which should reault in so~ savings to ~e city. Dr. Taylor moved ~at Cocci1 conc~ in ~e re~rt of ~e City ~ager ~d offered ~e follow~g Resolutlon: (%21550) A ~SOL~ION ~nding paragraphs C. ~d M. of ~e city's ~TI~ ~G~TIONS heretofore a~opted by ~e city Cocci1 on Nov~er 27, 1967, by Resolution NO. 17865, provld~g for paint of overt~e pay in one-half ho~ ~its, ~d for pa~% of t~.~ one-half to City polic~en for attend~ce or duty in co~t ~d at f~erai se~ices, when such duties are perfo~ed d~g o~er ~ regular duty ho~s. (For full %ext of Resolution, see Resolution B~k No. 39, Page 318.) Dr. Taylor ~ved ~e adoption of ~e Resolution. The ~tion was seconded by ~. Lisk ~ adopted by ~e follow~g vote: A~S: Messrs. G~l~d, H~a~, Lisk, Taylor,'~o~s ~d Mayor Webber .................................... 6. ~YS: N~e ..................... 0. (~. Trout abs~t) G~S-D~ OF P~LIC ~: Th8 City ~ager s~tted a writ~ report re~est~g ~e concurr~ce of ~cil in applying for a 90 per cent gr~t ~ ~e ~t of $18,000.0~ ~der Title 4-A of the 1967 ~en~ents to ~e Social Security Act, said f~ds to be utilized to ~rovide Pla~ed Par~d ~fo~tion to recipients of p~lic assis~ce ~der a p~chase of services agre~-t and that the Roanoke Valley Council of Community Services, Incorporated, has .indicated Its' villinqneae to provide the local matching funds in the.amount of $2,000.00° ' Hr. Thomas moved that Council concur in the report' of the City Hanager and that the matter be.referred to the City Attorney for prep~ration of the proper measure. The motion was seconded by Hr, Hubard and adOPted, Hr. Lisk not voting. · TOTAL ACTIOH AGAINST-POVERTY IH ROANOKE VALLEys The City submitted a written report reco~nding that Council authorize the City Haneger to notify Hr. J. Terrell ~rnitsitt, Associate Regional Director for Manpower, of the desire of the City of Roanoke to file a preapplication for federal.assiet~nce for a Summer Youth:Employment Program for disadvantaged youth. ' Hr. Llsk moved that Council concur in the reconnnenda~lon 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. Garland and unanimously adopted. HOUSING-SLUM CLEARARCE: The City ~4anager sdbmitted a written report advising that, subject to the concurrence of CoUncil, he would propose to write Mr. Carrol! A. Mason, Area Director for HUD, 'and express the clty~s desire to continue the Neighborhoo~ DevelOpment Program in the Gainsboro area and that this would be an expression of intent only and not a commit- ment of funds at this t~me. - ' Dr. Taylor 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 measure. The motion was seconded by Hr. Thomas and unanlmously adopted. . - pARKS AND PLAYGROUNDS= The City Manager submitted i written report recommending that Counotl adopt.an amended program of utilization and an amended schedule of development for,the John F. Kennedy Park subject to con- currenee of said amendments by the'United States Bureau of Outdoor Recrea- tion, advising that such concurrence, to an extent, WOuld be a rei(eration of the development which will be dons under the previously accepted Economic Development A~a~knistration Grant with'the exception 'of providing Certain picnic facilities in the park when the :trees have matured Sufficiently to do so. Dr. Taylor moved that Council concur in the report of the City Manager and offered the following Resolution.- ~ (i21551} A RESOLUTION adopting an Amended Program of Utilization and an Amended Schedule of Development for the city's 'John F. Kennedy Park, subject to concurrence in said amendments by the United States Bureau of Outdoor Recreation. {For full text of Resolution, see Resolution Book NO. 39, Page 319.) r,187 De..1~ay~or ~oved ~he adoption of th~ l~solutlon. The ~tion vas se~nded,by ~. ~ ~d adopted by ~ lollo~ln~ vot~ A~ ~s8~s. G~l~d~ H~ard~ ~sk~ Taylor~ ~s ~d ~yor ~eb~r 6 ~YS~- ~e ....................... O. (~. ~=out absent) V~Z~G ~=. ~he City ~age= a~tted-a ~ltten ze~e~ =elative tO a c~lca~ f~ ~. O. Watts Gills, Presid~t, ~ of Virginia ~oke Valley, r~est~g ~a~ the desl~ of ~e p~k~g garage~e acc~- lished in a.~naer. ~t a r~ over Ch~ch Argue, S. W.~ could ~ventually be lns~lled~ advis~g ~t a copy of the c~lcation fr~ ~. Gills 'has ~ referred to ~e. fl~ of Fritz and ~a~lear, ~chitects, for their con- sideratl~ ~ ~e preparation,of ~e desi~ of ~ls st~cture ~d a fur~er copy has ~ provided to National Pl~g, Inco~rated, ~e consult~ts for ~e desi~ of ~e park~g garage st~ct~e. ~. ~s ~ved ~at ~e c~ication be received ~d filed. The ~tion was seconded by ~. Lisk ~d ~usly adopted. T~IC: The City ~ager s~tted ~ ~ntertm re~rt reiatl%e to ~8 ~af~lc situa~ on Livingston Roa~, S. W., advising ~at d~ln~ ~e peri~ ~e~ ~y ~1 ~d ~y 15~ five ho~s of s~eill~ce was perfo~e~ utiliz~g ~rked ~lice vehicles, ~at no s~eders were detected' during ~ese ~ri~s o~ rad~ s~eill~ce, ~at ~e ~se of ~rked radar su~eil- l~ce vehicles will cont~ue as verbally re~ested by ~e residents ~d aft~ a reason~le peri~ of t~e he will retu~ to Cocci1 wi~ fur~er racn~ndations. ~. H~ard ~ved ~at the re~rt ~ received ~d filed. ~e motion was seconded by ~. Garl~d ~d ~s~y adopted. B~T-~ORT: The City ~agar s~tted a written re~rt conch- ring ~ ~e rec~n~at~o~ oE a c~ttee ~t ~e pro~sals of Cal~ell Sites Co~y, ~erett Wa~dey C~y, Clyde ~udd ~d Associates, ~d Harris Office F~it~e C~y, for f~ishlng ~ ~sta11~g cer~in f~it~e ~d f~ish~s for ~e ~ort Te~al Build.g, ~ acce~ted, ~ ~at ~ additional $9,9i6.00 be appropriated for said p~se. ~. Lisk ~ved ~at Cocci1 con~ ~ ~e rec~en~tion of ~e City ~ager ~ offered ~e. foll~ing ~rg~ Ord~ce appropriating $9,91~.00 to ~al Bu!ld~g ~der Section %550 of ~e M~icipal ~ort F~d: (%21552) ~ O~I~ to ~d ~ reo~a~ Section %550, ~M~iclpal ~ort F~d,' of ~ 1973-74 H~icipal Ai~rt F~d Appropriation Ordin~ce, ~d provld~g for ~ ~rgen~. (For ~ull text o~ Ord~ce~ see O~ce B~k No. 39, Page 320.) Mr. Llsk ~oved the ~doptlOn of the Ordinance. The motion was seconded by Mr. Thomas and adopbed by the follow~ng votes AYe-S: Hessrs.~ Garland, H~bard, Lisk, Taylor, Thomas and Hayor Webber ..................................... 6. NAYS: None ............~ ..... ~---0. (Mr. Trout absent) Mr. Llsk then offered the following emergency Ordinance providing for the purchase and ~nstaliation of said furnit~re and furnish~ngsz (J21553) AN ORDZHARCE p~ovid[ng for the purchase and installation Of certain furniture and furnishings for use ~n the Airport Tern~nal Building upon certain terms and conditions! and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39~ Page 321.) Mr. Lisk moved the adop21on of the Ordinance. The motion was seconded by Mr. Hubard and adOPted ~y the followLng vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas and Mayor Webber ...... ~ ....................... 6. NAYS: No~e ...................... 0. (Mr. Trout absent) CITY ENGZNEER~ The City Manager suk~nitted a written report con- cutting ~n the re¢_-~m~_ enda2ion of a comm~ttee that the pr.p. sa1 of Roanoke BeltLng & Rubber Company, Incorporated, for supplying three 2,000 gailon and five 20,000 gallon storage 2anks for the Public Works Servlce Cente~, in the amount of $24,895.00, be accepted. After a discussion Of the matter, Mr. Hubard moved that the report be referred back to the City Manager for report by the next regular meeting of Council on ~)nday, June 3, 1974, as to whether the specifications were wrltten in such a manner that the city ha~ the right to divide the bids since Warner Supply Corporation submitted the low bid on the 2,000 gallon storage tanks. The motion was seconded by }tr. Lisk and una~usly adopted. AUDITOI~I~M-COLISEUM: The dity }~anager sub~itted a written report concurring ~n the re6ommendation of a ~omm~ttee that [he pr.p.sa1 of Carpet Systems, Incorporated, for fu~lishing and ~-nsta111ng the carpeting an~ carpet reducing strip at the Roanoke Civic Center, in the a~ount ~f $17,082.50 be accepted, and that the propos~[ of Hu~dley Painting & Decorating for furnishing and installation vinyl wall covering material on the cOncrete columns at the Roanoke Ci%ic'C~-~, in' the.amOunt o~ ~$1,664.00~:_also be acce~ted. ' ' Mr. L~sk ~ved that Co~ncii concur in' the reco~ondation of the City ~ager and offered the f. il.wing emer~uncy Ordinance: (J21554) 'AN ORDINARCE pro%id[ng for the pUrchase'and Lnstall~ation of carpeting and vinyl wa1! covering for ~se ~n'the Roanoke civic Cente~, upon certain terms and condittons~ and providing for an emergency. (For full'text of Ord~h~nce, see Ordinance Book No. 39, Page 322.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: 189 i90 AY~St, Meeers. Gar~,~nd~ Wubard~ ~sk~ 1'aylor~ ~hc~as ~d ~yor Web~ .................................... ~YS: N~e ..... ~ ..............0. (~. T~ut ~s~t} D~P~ OF P~LXC ~: .~e Director o~ Fln~ce s~tted a ~n~ly stat~t of e~t~es for p~lic welfare fo~ ~e ~n~ April 30, 1974~ _, Dr. Tay~Or.~ved ~at ~e s~t ~ received ~d filed. The ~tion was .ae=~ded by ~! ~s ~d ~us~y adopted. ~RTS OF ~ORT~ Co~cil haling referred to a c~ttee for t~ulatl~ re~rt ~d rec~dation ~e bide received for ~e ~nst~ction of an ext~sion to ~e Air Cargo ~ld~g at R~oke ~l=lpal (W~) Alert, the c~ttee s~tted a ~ltten re~rt recanting ~t ~e pro~sal of H~ges L~er Co~ratlon, In ~e ~t of $118,6~8.00, ~ accepted, ~d ~at Co~cll app~priate $~18,678.00 from ~e avall~le su~lus wi~in the al~ort f~d for ~is ~ns~ction. ~. Th~s ~ve~ ~at Co~cil conc~ in ~e re~rt of the co. tree ~fl offered ~e foll~g ~rg~cy O~in~ce appropriat~g $1~8,6~8.00 to ~r Cargo Builfl~9 ~der Section %450 oi ~e M~iuipal Ai~ort (%21555) ~ O~I~CE to ~nd ~d reordain Sectio~ ~450, 'M~icipal ~rt P~d,' of ~e 19~3-~4 ~icipal ~rt F~d Appropriation Ordin~ce, ~d p~vid~g ~or ~. ~ergen~. (For full text of 0rd~ce, see Ord~ce Book No. 3~, Page ~. Th~s ~ved ~e adoption of ~e Ord~ce. The motion was seconded by ~, Llsk ~d adopted by ~e fo11~ing AYe= MessFs~ Garl~, H~ar~, Lisk, Taylor, ~o~s ~d ~yor Webber ................. 7 ............. ~---6. · ~Y~ None ..... iZ ............. 0. {~. Trout ~sent) ~- ~s ~ of~e~ed ~e foiling ~erge~cy Ordi~ce ~e pro.sa1 of H~ges ~er Co.ration= ~ (%21556) ~ 0~I~ accept~g ~e pro~sal of H~ges L~r Co~ration .for ~e const~ction of a cem~ addition to ~e Air ~rgo Building wi~ ceftin a~d~tional pavea park~g ~ r~ area at ~ ~ok~ M~icipa~ Ai~r~ 9u~griz~g ~e proof city of[icials to execute ~e re~lsite c0n~otl 7e]ect~9 certain o~er bids ~de to ~e cityl ~d provid ~g for ~ ~ergency. , {For ful% text of Ord~ce, see Ordin~ce Book No. 39, Page ~-,~o~ ~ved ~e adoption of ~e Ord~ce. ~e ~tion was seconded by ~. Lisk ~d adopte~ by ~e ~o11~g .AYES= Messrs. Ggr!~, H~ar~ Lisk, Taylor, ~s and Webber ...... 7 -T- --.- -7Y .................... 6. ~YS= N~e ..................... 0. {~. Trout abs~t) PENSXOHSs, ~he Board o~ Trustees o£ the Employeest Ret:truant s-~ed a ~t~n re~ ~ec~n~g ~ ~ ch~ges ~ ~de In FegaFd ~o ~lifylnq for eider ,t~e of ~nef~t,. advis~g ~ak ~ese re~ndations will el~ate ~e ten per cent reduction ~ ord~ dls~llity ~d ~ll,~rec~ a provision ~n ~e accld~l dis~ll~ty retir~nk situat~on which in ~e past re~ed ~loyees who ~alify to accidental retir~t ~ retire ~der se~lce retir~nt provision ~f they so ~alified. ~. ~s ~ved ~2 Co~cll conc~ ~ the re~ of the Board ~stees of ~e ~loyees~ ~tir~nt Syst~ ~d offered the ([2155~) ~ O~IN~ to ~d ~d reorda[n s~sections (4) dis~ility ~etl~k all~ce-B~ef~ts, ~d (6) Accid~tal dis~ility t~r~t all~ce-B~eftts, o[ Sec. 7. B~e[~ts~ o[ ~apter 1. ~neral Provisions, OE Title l~I, Pensions ~d Retir~nt, of The C~e of the City of ~oke, 1956, as ~nded~ so as to increase ~e benefits to city e~loyees retir~g fr~ city semite due to ordina~ or accidental dis~ility~ provid- ing for ~e effective date of this Ord~ce~ ~d providing for an ~ergency. (For [ull text Ord[n~ce, see O~ce Book No. 39~ Page 326.) ~. ~s ~ved ~e adoption of ~e Ordin~ce. ~e ~tion was seconded by ~. Ltsk ~d adopted by ~e follow~g AYES: Hessrs. Garl~d, H~ard, Lisk~ Taylor~ Tho~s and ~yor Webber .................................... 6. ~YS: None .......... e ......... ~0. (~. Trout absent) ~INIS~ BUSIES: NO~. ~NSID~TION OF C~= NO~. I~ODU~ION ~ CONSIDE~TION OF O~1~S ~D ~SOLUTIONS: WA~ D~t Ord~ce No. 21540 au~orizing ~e execution of a contract to provide for ~e city~ cer~ forest ~ag~nk se~tces York Fores~ & ~d C~p~y~ [nco~orated~ upon certa~ te~ and conditions, hav~g previously been before Co~c~l for its first reading, read ~d laid over, was aga~ before ~e ~y, ~. H~ard offering ~e following for its second read~g ~d. flnal adoption= (%21540) ~ O~I~ au~oriz~g ~e execution of a contract to provide for ~e c[ty certain forest ~ag~t seduces, u~n certain te~ ~d ~ndit/ons. '- (For f~l text o~ Ord~ce, see Ord~ce ~ok NO. 39, Page .~. H~d.~ved ~e adoptlon of ~e Ord~ce. The ~tion was seconded by ~. Ltsk ~d adopted by ~e foll~Ing vote: ~'A~S: Messrs. Garl~d, H~ard, Lisk, Taylor, Tho~s ~d ~yor Webber .................................... 6 · ~YS: None ......................0. (~. Trout abs~t) 191' ~IONS ~ /~meil hav~ng directed ~ha' C~y Attorney to ~e proof Masse zea~g~g ~d' eS~lish~ ~ries of the city*s" ~tinq p~ec~cts ~d'desl~at~g ~e'~ll~g places '~ each of ~e he pzes~ted s~l vhe~eu~n~ Dr. Taylo~ ~d ~at ~e foll~lng~Ordin~ce ~ placed u~n i~ firs2 reading~ .... c~tyss vot~g pzec~cts ~d desl~at~g ~e ~ll~g places In each of the s~l.by A~4~g Title ~,~ Elect~ons' of ~eC~e 0E ~e City 1956, as ~nded, so as to re~al Chapter 2; Precincts ~d Voting Places, In its ~tlrety~ ~d enact ~ ~he place ~ereof a new chapter, n~red ~apter 2.1, Precincts and Voting Placesl ~d providing for ~e effective date of. ~s Ord~ce.' ' .(For full text of Ordin~ce, see Ord~ce ~ok No. 39, Page 329.) The ~tton ~s seconded by ~. H~ard ~d adopted by ~e foll~ing AYe= Hessrs. Garl~d, H~ard~ Lisk, Taylor, Tho~s ~d Webber ...................................... 6. ~YS= None .......................0. (~. Trout absent) M~IONS ~ MIS~OUS BUSI~SS= H~SING-S~ ~ The City Clerk re~rted that ~s. N. ~on, ~. Clark M. ~s ~d ~. ~wis G. ~[twich have ~alified as m~ers of ~e Fair Housing Board for te~ of ~ree years each end~g ~rch 31, 1977. ~. Th~s moved ~at ~e re~rt be received ~d filed. The motion was seconded by ~. Lisk ~d ~usly adopted. O~ ~NGS OF CITIZ~S= R0~O~ LIFE SAVING ~;' INC0~O~B~ET: A co~ication fr~ ~. 3~es ~, Capta~, ~oke Life Saving Crew~ re~esting pe~ssion to be heard relative: to ~e budget'o[ ~e ~oke Life Saving Crew when Cocci1 reviews ~e 1974-75 fiscal year budget~ was ~fore ~e ~y. ~. H~rd ~ved ~at~ c~ication be received ~d filed. ~e ~tion was seconded by ~. Lisk' ~d ~usly adbpted. B~CI~ ~-PAY P~= ~.' Lisk s~tted c~tcatlons fr~ m~ers o~ ~e Fire Depar~t ~d ~e Police ~par~nt re~esting ~e sup~rt of Co,oil in providing city ~loyees wi~ a t~ per cent pay ~crease ~d a five per c~t hazardous duty pay increase for ~ers of ~e Police ~d' Fire ~p~t~nts; . Mayor:Webber ~st~ctdd ~e City Cl~rk to ~ke ~e co~ications part of ~e official reco~ of Co~cil. ~ere berg no fu~er bus~ess~ ~yor Webber declared ~e meet~g adjo~ed. APPROVED A~ST: Deputy City Clerk ~yor ~e ~cil Of ~e re~lar ~eb~g ho~ ~l~ ~yor ~y ~,. Weber p~sld~g, ~sk (~. Llsk was late ~ arr~v~ng at ~e:~et~g)~ Noel C. Taylor, H~ton W. ~s~ J~s O. ~out ~ ~yor ~y L. Webber .................... 7. ~T ~ None 0 O~ICE~ P~S~= ~. Byron E. H~er, City ~agerl ~. Sam H. M~hee~ II~ ~s~s~t City ~ager~ ~. J~s N. K~canon, City Atto~eyj ~ ~. A. N. G~bsonf D~rector o~ Fin~ce. I~TION~ The Meting was o~ne~ w~ a prayer by the ~veren~ ~rold S. ~yer~ Pastore WillY--on Roa~ Ch~ch o~ ~e Bre~ren. ~NG OF CIT~Z~S ~ON P~LIC B~ET-S~= ~. J~es W. Eavey~ Director of F~n~ce of the Ro~oke City Sch~l ~ard~ appeare~ before Co~cl1 ~ re~este~ that $20,000.00 be tr~sfe] ed ~rom Sch~ls - F~xed ~arges ~ar Section iS000 to Sch~ls - Special Inst~ct~un ~er Section ~000 o~ ~e.bu~get of ~e Ro~oke CAty Sch~l ~ar~, sa~d f~ds to be aade~ to ~e approx~te bal~ce of $10,000.00 r~n~ng in ~e J11000 ser~es the to~l ~t of $30,000.00 to be use~ for operat~g e~en~ltures for ~e 1974 el~ta~ s~er sch~l ~. Eavey f~er re~este~ ~at Co~c~l tr~sfer $~5,000.00 fr~ Schools- Att~ce S~ces ~er Section J3000 to Sch~ls ~ ~nten~ce of Pl~t ~ Equ~p~t ~er Section iT000 of ~e budget of ~e Ro~oke City School ~ar~ to p~vide ~. T~ut ~ved ~at Co~c~l t~t~vely approve .~e tr~sfers as ~ve r~este~ ~ ~at ~e ~t~er be re~erre~ to ~e City Atto~ey for preparation of ~e proper meas~e. The ~t~on was seconded by ~. L~sk and PETITIONS ~ B~E~PAY P~-~O~*S A~= A co~cat~on from ~ssrs. F. L. Hoba~, ~est W. Ba~lou~ ~ ~bert J~ ~gers*en~ors~ng ~e proposal of ~. ~bert F. ~der, C~nweal~*s Atto~ey~ for full t~me ~nweal~ts At~eys, wi~ appropriate local supplants, was before Co~c~l. . · Dr. Taylor ~vea that ~e c~cat~ be referre~ to 1974-75 budget study. The ~t~on was secon~e~ by ~. Trout ~ ~usly a~opted. ~194 COHPLAIHTSz A communication from ires. F~neat P. #llkins complaining of a la~e flat ~d ~ac~r ~ailer ~ n vac~t lot located on ~e vest end O~ the 1200 bl~k of ~l~ Av~ue, S. B., ~d call~g att~tl~ to certa~ ~desl~able ~nditl~s when yo~g ~ople 9a~er ~ ~e vicinity of ~e t~actor ~aller, vis ~fora 2c11, ~. G~l~d ~ved ~ ~e c~ica~on ~ referred to'~e City ~ager for ~e~t ~d re~tl~ ~ ~cll. ~e.~tion ~aa seconded by ~. ~ut ~d ~usly adopted. S~TS ~B ~YSt A c~lcati~ f~ ~. ~el H. Lipton, A~is~ator, B~rell H~ial Hospl~l, re~es~lng ~e conside~ation of ~cil 2o ~e-ext~sion oi Slx~ Street d~ to Or.ge Av~ue~ advis~g ~at ~ls access to Or.ge Argue ~ould all~ ~e hospital to enjoy a s~eet flo~ of ~ti~ traf[ic fr~ Or.ge Argue ~es2 ~d east and it vould enable ~e hospital to ~ visible to ~e c~lty~ ~as before Co~cll. ~. H~ard ~ved that ~e c~lcatlon be refer~ed to the City ~ager ~ ~e City Planing C~ssion for report Co~cil. The ~tion vas seconded by ~. ~ou~ ~d ~i~usly adopted. BU~T-P~ ~D P~YGRO~SI A c~ication Hall~ P~esid~t, 5o~eas~ Civic ~n~e~ ~e~estin9 ~at Co~cil not set up ~1 ~les ~ ~e recreation c~ters as pro,sad ~ ~e 1974-75 budget of the ~par~t o~ P~ks ~d Recreat~on~ wa~ ~fore ~e ~y. ~. ~s ~ved ~at ~e coca,cation be referred to ~e City ~nager for re~r2 ~d fecundation to Co~c~l. The ~tion was seconded by Dr. Taylor ~d ~usly adopted. ST~TS ~D ~YS= ~ application fr°m ~. Atto~ey, repres~g ~. ~e A. Jonson, et ~. ~. re~esting that certain alleys ~n Block 4 of ~e ~p of Weaver Heights Co~orat~on, ~o~ as Gr~d[n Co~t, be~een ~fton Road, Liv~ngston ~ad, G~lford Avenue ~d Barh~ ~oad, S. E., be vacated, discont~nued ~d closed, was before Co~c~l. ~. ~s offered the following Resolution ap~t[ng v~ewers in co~ect~on w[~ ~e re~est: ~21559) A ~SOL~ION providing for the a~poin~nt of v[ewers~ ~y ~ee 0f wh~ ~y act, ~n co~ect[on wi~ ~e application or petition of ~e A. Jonson ~d Hel~ W. Jo~s~ to vacate, d~scont~nue,' close ~e alleys ~ Bilk 4 o~ ~e ~ o[ Weaver Heights Co--ration, ~ as Gr~d~ Co~t~ betwe~ ~fton ~ad, Liv~ngston Road, Gu[lfo~ Avenue, and Barh~ ~ad, ~ ~e City of ~oke, V~rg~[a, as provided by Section 15.1-364 of ~e C~e 0f V~rg~n~a (~50} as ~ded to date. (For full t~t of Resolution , see Resolution Book No.'39~ Page 342.) Mro Thomas ~oved the adoption of tho'Resolution. The motion was seconded by Jl~ Trout and adopt~ by ~e' foll~ ~te= · . ; . ' AY~I Hegars; Garl~d~ H~d~ Ta~lo~ ~s~ ~out ~d ~yor We~e~ ...................... 6. ~ ~YSl N~e ............. 0, (~...Llsk had not arrived) , ~. T~ut ~ ~ved ~at ~e re~est:~.re~erred to the City. Pl~g C~ssion for stay, re~rt ~d rec~ndation to Co~cll. ~tion was seconded by Dr. Taylor ~d ~usly adopted. ~PORTS OF O~I~ - · CI~ ~GI~ER: The City: ~ager s~itted a written re~rt in conneqtlon wi~ a ~lcation fr~ ~. C. E. ~y~ ~neral ~ager of Creative Displays of ~oke, ln~rated~ conce~g f~ve pal~i~ bulletins l~ated on ~e site of ~e new P~lic Works Se~lce C~ter, advis~g ~at tn order to effectively scre~ ~e P~lic Works ~e~lce C~ter site wl~ platings which ~uld also leave ~e bulletins visible to ~e vehicles utilizing ~nterstate ~ute 581, It ~uld ap~ar necessa~ ~at the scre~ plating be located ~hind ~e bullet~s, approx~ely 55 to 70 feet from ~e ~oint property l~e between ~e interstate highway ~d ~e se~ice center site, ~at If ~e screeni~g was placed ~ order not to also screen ~e bullet~s~ ~is would effectively reduce ~e area of ~e se~ice center site by one and one-half acre, ~d for ~ls reason, It c~ot ~ rec~nded ~at the sl~s r~in in place as r~ested but ~at ~ey be r~ved in order that all of the se~ice center site can be utilized for ~e se~ice center. ~. ~s ~ved ~at Co~cil conc~ in ~e reco~dation of ~e City ~ager. ~e ~tion was'seconded by ~. ~out ~d adopted, ~. H~ard not vo~g. ~SI~ ~ ~ T~NING A~ (~TA): The City ~ager s~tted a ~itt~ re~rt in co--action wi~ ~e Creation of a ~glonal ~ecutive C~ttee to act as ~r~e Sponsor ~de~ ~e Co~reh~sive ~plo~t ~d Training A=t (~TA). - (For full text, see report as filed in ~e City Clerkts Office.) ~. H~ard ~ved ~a~ Co~cll co~r ~ ~e re~rt o~ ~e City ~ager and ~at ~e ~tter be referred to ~e City Atto~ey for pregaration of ~e necessa~ ~ts. The ~tion was seconded by ~. Tho~s 'and ~usly adopted. In ~ls co~ec~on~ a co~ication from ~. ~orge E. Franklin, ~e~ve Director~ ~port~lties ~ndustriallzation Center, stating his sup~rt to Cocci1 for ~y ~fforts it should ~ke di;ected t~ard continuing ~e cityts p~cipation in a consorti~ arr~g~t for ~power ~velop- ment wi~ the Fif~ Pl~g District, was ~fore ~e b~y. (For full text, see co~icati~ as filed in ~e City Clerk*s Office.) i95 196 ~tr. Thc~as ~oved that the cflm-nication be received and filed. ~e ~2lon vas se~nded by ~. ~ut ~d ~ly adoptS. ~ ~ S~ D~NS~ ~e C~ty ~a~er s~tted a ~tten adv~s~n~ ~at for ~e p~se oE cons~ct~q ~e Patrick Hen~ ~venue, N, sto~ d~a~ ~h~ch beq~s on K~all ~v~uo ~d ends at Tinker C~eek~ ~t ~s ne~ssa~ to cross ~der ~e No~fo~ ~d Weste~ ~lvay ~ tracks a 36" sto~ ~a~ pl~l~ne ~d ~ec~d~g ~ah Co~c~I au~o~ize exe~h~on OE a lic~se agre~t wl~ ~e Norfolk ~d Weste~ ~llway ~y for a n~al consideration of $1.00. Dr. Taylor ~ved ~at Co~c~l conc~ ~ ~e rec~ndat~on of the City ~ager ~d offered ~a foll~ng e~rg~ Ord[n~ce~ (~21560) ~ 0~I~ au~or~z~g ~e c~ty~s execution of a written l~c~se agre~t wi~ Norfolk ~ Weste~ ~lway C~y prov~d~g a r~ght to ~e city to ~ns~ct~ ~in~n ~d operate ~ ~dergro~d 36-~nch sto~ water ~a~ ~der ~d across sa~ C~yts p~perty, as ~ extension of said ~ain fr~ Sh~do~ Valley Avenue~ N. E.~ ~ providing for ~ ~rg~. (For full t~t of O~ce, see Ord~n~ce ~k No. 39, Page 343.~ Dr. Taylor ~ved ~e adoption of ~e Ord[n~ce. ~e ~t[on was ~econded by ~. ~d ~d adopted by~ f011~g A~: He.rs. Garl~ H~rd~ Taylor, ~ Trout ~d ~r W~ ........................ 6.' ' ~ ~G~:' CoCci1 at ~t~ last re~lar mee~g on ~esday, ~y, 28, ~974, ~v~g deferred act~n on a ~e~r2 of ~e C~ty ~ager ~n~ring ~ ~e rec~dat~on of a c~ttee ~t the pro.sa1 of Ro~oke Belting ~ R~r C~p~y, Inco~rated, for supply~g ~ree 2.000 gallon ~d five 20,000 gallon storage t~s for ~e P~l~c Works Se~[ce Center, ~n ~e ~t of $24,895.00, be accepted, ~e ~tter was again before ~e b~y. In ~s co~ect[on, the B~d C~ttee s~tted a ~itt~ report conce~g ~e ~es~on which was raised by Co~c~l as to whe~er ~e c~ty rese~e~ ~e r~ght to divide ~e b~ds since ~e 1~ bid on ~e ~ree 2,000 gallon ~ks, if ~ns[dered as a separate bid, was W~er Supply Co~orat~on, ~n ~ ~t of $~780.50, adv[s~g ~at ~ city d~d no~ rese~e ~e right ~ ~e adver~s~ [or b~ds to divide said bi~s. ~. H~ard ~ved ~at Cocci1 conc~ ~ ~e reco~ndat~on of ~e C~ty ~ager ~d offered ~e follow~g ~rg~ Ord~n~ce accepting ~e pro~sa~ of Ro~oke BelOng & R~ber C~y, Inco~rated: (%21561) ~ O~I~ prov[d~g for ~e'p~chase ~d delive~ cer~n storage t~ks for use at ~e P~i~c Works Se~lce Center by accept~g ~e pro~sal of Ro~oke Belting ~d ~r C~y, Inco~orated, u~n ceftin te~ ~d cundit[ons~ ~d provid~g for ~ ~ergen~. {For full text of 0~ce, see 0r~ce ~ok NO. 39, Page 344.) ~tc~' ltubard ~ovecl tho adoption of ~ha Ordinance. ~e ~lon se~nded b~ ~ ~ari~d ~ 'adop~e~ b~ ~e fo~l~g vote~ ~S~ Hessrs. G~I~ H~ard~ Taylor~ ~s~ Trou2 and ~YS~ N~e ................ 0. (~. ~k had no2 arrived) ~e 3, 1974, ~ ~eceived ~d f~led. The ~t~on was seconded b~ Dr. ~a~lor ~d ~usl~ adopted. BU~ET-CI~ ~Y~ The C~2y A22o~ey s~tted a re~rt r~estlng ~at $500.00 be t~sfe~ed f~ Personal Se~ces 2o Prinking ~d OEf~ce S~pplies ~der Section ~4, 'City A2to~e~,' of the 1973-74 budge2, to provide f~ds for ~e r~inder of 2he f~scal year. ~. Th~s ~ved that Co~cil conc~ in ~e request o[ the Atto~e~ ~d offered ~e roll.lng ~r~ Ordin~ce~ Attorney,' oi ~e 19~1i~4 ApproPria~ion ofdh~ce, and provld~g for an ~erg~cy. (For ~Ui[' text of Ordin~ce, see Ordin~ce ~k No. 39, Page 345.) ~..Thms ~ve/ ~e adoption of ~e Ordlnace. ~ ~tion seconded by ~. ~out ~d adopted by ~e 'foll~tnq A~: ~essrs. Garl~d, H~ard~ Taylor, ~s, Trout ~d Webber ................................ 6. ~YS: None ................. 0. (~. Lisk h~d not arrived) ~P~ P~R CO~: The City Attorney s~tted a written report advishg oi no~iication oi ~e filh~ wi2 ~e State Co~oration Cassion by Appalachia P~er C~y on April 10, 19~4, of an application for au~ority to place revised fuel clauses in~o effect for all semite rendered on ~d after ~uly 1, 1974. (For full text, sea re~=~ as filed in fie City Clerk's Office.) ~. H~ard ~ved ~at ~e re.ri be referred to ~e Franchise Study ~ttee for its ~fomtion h co~ectlon wi~ its stufli of fie rotter. ~e mot~o~ ~s.s~conded,bY ~. Garl~d.~d ~usly adopted. At ~ts' ~ht, ~. Lisk' mtere~ ~e ~eting. ~ORTS OF C~S: BUSES: ~. G~i~d, ~ai~ of ~e Tr~s~rtation Study Co~ttee, s~tted a writt~ re~rt relative ~o a ~et~g which was held on Friday, ~y 24, i974, wi~ ~. Wi111~ B. H~d, Tr~s~rtation Consult~t, reco~nding ~at ~cil d~ect ~e City At~ey to proceed wf~ ~e fo~tion of a . co--rate org~ization to provide needed ~ss ~it se~ices for ~e Ro~oke Valley, ~t ~e real es~te assets presently utilized by ~oke City Lines ~d ~ailways Co--ration be purchased wl~ total city f~ds and not 197 be · pa=t: of the city's application ~o ~A~TA ~or caplta:L 9=mlt, and ~a~ a~ such ~ as ~e ~A G=~ ~s Fece~ved ~d ~e ~ershlp o~ ~e ~o~al asse~s are ~s- letted, ~e ga~g o~g~lzat~ Should =educe ~e s~gle fair price fr~ 30~ to 25t ~d additionally the cha~ge for a ~ekl~ pass should be reduced from $4.50 to $2.50. Afte~ a d~scus8~ o~ ~e ~e~t~ ~. Garl~d ~ved Co~c~l ~nc~ ~ ~e Ee~dat~s of ~e ~ttee ~d ~a2 ~e ~tter of fox.on o~ a co~a~e ag~ ~ ~e~effed 2o ~e City Atto~e~, ~e ~h~on ~as seconded b~ ~. LIsk ~d adopted b~ ~e foll~ng vote~ ~yor ~eb~r .......................... ~YS~ None .........~ ....... 0. ~ttee, s~tted a verbal ~e~2 adv~s~g ~at several weeks a~o charged ~e Audit C~ttee wi~ ~e res~nsfbflfty of fnte~few~g and rec~n~g a person for ~e ~sition of H~fcfpal Auditor of the City of ~oke, a~vfs~g ~at ~e co. tree received eight applications, so~ of which did not ~ve ~ re~fre~ ~A Certificate, ~ ~at it fs ~e recom- Co~cil aa ~ ~uicip~ Auditor' for a te~ c~enclng at a mutually agree~le ~ate to ~e m~ers of Co~cfl ~ to ~. Brog~ ~ ~ing Sept~er 30, 1974, at a sala~ of $18,500.00 per ~. ~. H~ard ~ place~ ~ n~natfon ~e n~ of ~. Willf~ Brogan. ~ere being no f~ther no~natf~s, ~. Willf~ L. Brogan was elected as M~fcfpal Auditor for ~e City of Ro~oke for a te~ co~encing at a mutually agree~le ~ate to ~e ~ers of Co~cfl ~ to ~. Brog~ en~g Sept~er 30, ~974, by ~e fol!~g vote= FOR ~. BR~t Messrs. Garl~d, H~ar~, Lisk, Taylor~ ~o~s, Trout ~a ~yor W~ber ............................ 7. WA~R D~ ~. Th~s~ Cha~ of ~he Water Resources Co. tree, s~tted a ~itten report relative to ~ availability charge for water co~ections, ~ recording ~at ~e charges (as ~re fully set OUt fn ~e re~rt), ~less or ~til fur~er revised by Co~cfl, should r~fn fn effect ~til J~e 30, 1984. (For full text, see re~rt as file~ ~ ~e City Clerk's Office.) ~. Tho~s ~ved ~at Co~cil conc~ in ~e reco~ndat~on of ~e ~ttee ~ ~at the ~tter be refe~e~ to ~e City Atto~ey for preparation of ~e p~per meas~e. The ~tion ~S secon~e~ by ~. H~d and ~usly a~opte~. AIIU'OI:~T= '~t=. Trout, Ch&lr~a~ O! the Airport; ~viao~ Co~asion, s-~ttted a ~ltt~ re~t ~ec~ditg ~( ~Cli co~ In ~e need for a Flx~ Base ~era~r at ~0ke M~lcipal (W~) Alert ~d ~at ~e a~ls~a~on be ~s~cte~ to a~ver~se for bias ~erefor. ' (For full ieXt, 'see re~rt'~s files ~'~e City Clerk's Office.) ~. ~out ~ved ~at Co~cli conc~ ~ ~e fecundation of the ~rt ~viso~ C~sSlon ~d ~at ~e ~t~er be referred to ~e City Atto~ey for preparation o~ ~' proper ~as~e. ~e ~tion was seconded by ~. ~sk ~d ~sly adopted.' ~INIS~D 'BUsieS = NO~ ~ ~N~iDE~TION OF ~ NO~. I~DU~ION'~D CONSIDE~TION OF O~I~~ ~D S~TS ~D ~S~ Ordinate No. 21543 pe~ently vacating, dis~nt~uing '~d ~los~g' ~at cer2ain 15a~('wide alley located sou~ of Tazewell Av~ue~ S. E. ~ ~d extending in a west-east direction from First Street, S. E., to Third S~ee~, S. E. ~ ~rough Blocks 5 ~d 6 of ~e ~p of Park ~nd ~d I~rov~ent C~y ~d across ~e Norfolk ~d Weste~ ~ilway C~p~y~s W~ston-Sa1~ Division right of way, said alley ~ing sh~ on Sheet 401 of ~e City's T~ Appraisal ~p, ~e title to which said ~rtion of said alley s~ll revert to ~e abutt~g ~ers~ ~d authorizing the pay- ment of viewers ~ co~ection wl~ said alley closing, having previously been before Co,oil for its first read'g, read ~d laid over, was again before the ~y, ~. ~out offering the foll~ing [or its second reading ~d f~al adoption: (%21543) ~ O~I~ pe~tly vacat~g, discontinuing and clos~g ~t cer~ 15-f~t wide all~y located sou~ of Tazewell Avenue, S. E.~ ~d ext~d~g ~ a w~st-east direc~on fr~ First Street, S. E., ~ird S~eet, S. E., ~ough Blo~s 5 ~d 6 of ~e ~p off Park ~nd ~d ~rov~t C~y ~d across ~e N0rfolk ~ Weste~ ~ilway Comp~y~s Winston-Sal~ Division right of way, said alley being sh~ on Sheet 401 of ~e City's T~ Appraisal ~p,' ~e title to w~ch said portion o~ said alley shall revert to ~e ~tt[ng' ~ersl ~d au~o~izing ~e pa~ent o[ viewers ~ co~ection wl~ said alley cl0sing. {For f~l text of O~in~ce, see Ord~ce Book No. 39~ Page ~. T~ut ~ved the adoption of ~e O~ce. The ~tion was seconded by ~. Lisk ~d adopted ~y ~e'foll~g vote= A~S= Messrs. Garl~d, H~d, Lisk~ Taylor~ Th~s, Trout and ~yor Webber ...........= .......... ~YS: None ......................0. 199 ELECTIONSs Ordinance Ho. 21558 rea~anglng and es~lish~ng ~daries of ~e c~s ~g prec~ct8 ~4.des~a~g ~e ~ll~g places In each of ~e S~l by ~d~g Title ~ Elect~s~ off ~e ~e o~ ~e City of 1956, as ~de~, ~ving prevlo~ly ~ ~fore Co~cll ~or its first ~ead~q~ ~ead and laid ove~, vas aga~ ~fore ~e ~y, ~. ~s offe~g ~e ~n~ for its se~nd read~g ~d ~nal adoptl~ 1S~1558) ~ O~l~ zearr~inq ~d es~lish~q ~daries of ~e city's vo~9 V=ec~cts ~d desl~at~7 ~e ~11~9 places In each of s~, by ~nd~ Title ~ Elections, o~ The C~e of ~e City of ~anoke~ 1956, as ~ded~ so as to repeal ~p~er ~., P~ecinc2s ~d Vo~lnq Places, its entlrety~ ~d enac~ 1~ ~e ~lace ~ereof a new chapter~ n~ered ~apter 2.1., Prec~cts an~ Voting Places~ ~ prov~in~ for ~e effective date of ~is Ordin~ce. (For full text of Ord~n~ce, see Or~n~ce ~k No. 39, Page 329.) ~. ~s ~ve~ ~e a~opt~on o~ ~e Ord~ce. The ~tion was seconded by ~. L~sk ~ adopted by ~e foll~ng AY~ Messrs. Garland, H~ar~ L~sk~ Taylor, Tho~s~ Trout and ~yor Weber ................................ ~YS ~ None .......................0. In ~is co~ect~on, a co~cat~on fr~ ~e Garden C~ty PTA regarding ~v~g ~e vot~g precinct f~m ~e Gard~ C~ty El~enta~ to ~e f~re station ~ re~est~ng ~at Co~c~l lea~ ~e voting precinct at its preset locat~on~ was before ~a ~y. ~. ~o~s mov8~ ~a~ ~e c~cat~on be referre~ to ~e Electoral ~ar~ wi~ ~e request ~at it re~rt to Co~c~l as to ~e benefits deriva~ from relocating ~e Garden C~ty Precinct ~ ~at ~e Garden City PTA be a~v~sed ~at ~s referral has b~ ~e by Cocci1. The ~tion was seconde~ by ~. Trout ~a ~ly adopte~. G~S-P~LIC ~= Co~c~ hav~g d~rected ~e C~ty to prepare ~e proper meas~e au~or~z~ng ~at application be ~e for a gr~t of federal ~s ~er Title 4-A of ~e ~967 ~en~nts to the SouZa1 Sec~ity Act for ~e p~ose of prov~ding Pl~e~ Par~n~ ~nfo~tlon to receptors of p~llc ass~st~ce~ ~ u~n award of said gr~t to execute accept~ce ~ereo~ on behalf of ~e c~ty, he presented s~ whereupon, ~. ~out offered ~e foll~ng Resolution= (%21563) A ~SOLUTION au~or~z~g ~at appi~cation be ~e for a gr~t of federal f~s ~der T~tle 4-A of ~e 1967 ~en~nts ~o the Social Security Act for ~e p~ose of prov~g Pl~e~ Paren~ ~nfo~at~on to recipients of p~l~c ass~s~ce~ ~ u~ aw~ of sa~ gr~t, to execute accept~ce ~areof on behalf o~ ~e clty~ ~ ~pon receipt of cer~n ~tchlng f~s, to enter ~to a certain p~chase of seduces agr~nt. (For full text of Resolution, see ~so~ut~on Book No. 39, Page Mr. Trout moved the adopt[on 'of the Resolution. The motion was eeconded by Dr. Taylor and adopted by .the following votes . ,. ,. AYESz Messrs. Garland, Nubard, Taylor, Thomas, Trout and . , Mayor Webber ..... T .........~--J ......... 7. : NAYS~ None ..........r--~ ...... 0. (Hr. Liek not voting). GRANTS-TOTAL ACTION AGAINST pOVERTY IN ROANOKE VALLEYs Council ~ having directed the City-Attorney to prepare the proper measure concUrring in the reco~e~atlon of ~he city'e participation in ithe. Sun~uer Program for Economically Disadvantaged Youth, authoriz~ng formal application to be made for gra~t of $166,200.00 ~n federal funds to provide for said program, he presented same~:whereupon, Hr.-Trout offered the following Resolution=. (%21564) A P. ESOLUTXON concurring in the city Hanagerts recommenda- tion of the city's participation in the Sun,er Program for Economically Dis- advantaged Youthl authorizing formal application to be made for grant of $166,200.00 in federal funds to provide for sai~ program and, in.so applying, to extend certain assurances on behalf of the city, and upon grant of such funds, to execute a requisite agreement accepting said funds on behalf of the city. (For fuil text of Resolution, see Resolution Book No. 39, Page 346.) Mr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES= Messrs. Garland, Nubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. NAYS: None .....................0. ' HOUSING-SLUM CLEARARCE= Council having directed the City Attorney to prepare the proper measure concurring ~n the City Manager*s recommendation that the city continue or expand actlvlttes in the Neighborh°Od Development Prograra with addit~onal Title I Urban I~-newal Ftmds to be made ava£1able during fiscal year 1974, he presented same~ whereupon, Dr. Taylor offered the following Resolution z (%21565} A P~ESOLUTION concurring in the City Manager*s recommenda- tion that the city continue or expand activities in the Neighborhood Develop- ment Progra~ with additional Title X Urban Re_~ewal F~nds to be made available during fiscal year 1974. (For full text of Resolution, see Resolutlon Book No. 39, Page Dr. Taylor moved the adoptio~ of the Resolution. The motion was seconde~ by Mr. Trout and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thc~nas, Trout and Mayor Webber ................................... 7. NAYS: None ..........................0. 20i ~)~202 MOTIONS AND MIS¢~Y,T~HEOUS BUSIHESSt CO~lCTLI ~. ~S pres~ea a prepped S~n~ relative ~o ~e ~ncep~ of disclos~e' o~ real emote hol~gs b~ l~al office holders, adv~s~g ~ he has revie~d ~e exls~g C~fl~c~ of Zn~eres~ s~tu~es ~ded, ~a~ ~ ~ effort to ~ly wl~ ~s c~al~ p~se ~d ~l~ce V~ ex,stag law, he has f~led w~ ~e C~t~ ~lerk a ~r~enh d~s* clos~e starch o~ h~s ~s~al real es~te hold~gs~ ~t he p~o~ses to u~ate ~e s~t~k ~ually as r~red ~y law ~d that he wLll endea~r to c~l~ ~ such proced~es as ~e ~n~al~es At2o~e~ ~tion was seconded b~ ~. ~u~ ~d ~usl~ adopted. ~S~O~ DEP~ ~he CitF Clerk re.fred that ~. Willi~ C. ~s has ~al~f~ed as a m~er of ~e Perso~el ~ard to f~ll te~ of ~, J. C. C~tchfield, Sr., resi~e~, ending Feb~ 28, 1975. ~. ~ ~ved that ~e re~rt be received ~d filed. ~e ~t~on was seconded by ~. ~o~t ~d ~usly adopted. ~R H~INGS OF B~T-~O~ LIFE SAVING ~ FI~T AID C~ ~NCO~O~D= L~sk ~11ed to ~e att~t~on of Cocci1 a co~icat~on from ~. J~es ~, ~p~, ~oke L~fe Saving ~d First ~d Crew,.. r~s~l~g ~at wh~ ~s ~n ~e process o~ reviewing ~e bu~ge[ for 1974-75, ~at the Ro~ok~ L~fe Sav~g ~d F~rst ~d Crew ~ g[v~ pe~ss[on to ~ heard relative to ~e[r 1974-75 budget re.est. ~.. Lisk ~ved that Co~c~l =onc~ ~ ~e re.est. The ~t[on was seconded by ~. ~out ~d ~usly adopted. There being no f~ther bus.ess, ~yor Webber declared the meeting APPROVED Deputy City Clerk ~yor COUNCIL, ~EGULAR MEETING, Monday, June 10, 1974. The Council of the City off Roanoke met In regular meeting ~n the COUnCil Chamber ~n the Municipal B~ld~ng, Nonday, June 10, 1974, at 2 p.m., the reg~llar meeting hour, with Mayor P~y L. Webber presiding. p~ESE~T~ Councilmen P~bert A. Garland, William S. Hubard, Davld K. L~sk, Noel C. Taylor, Hampton W. Th~nas, Ja~es O. Trout and Mayor ~oy L. Webber .................................. 7. ABSENT: None .................0. OFF~CE~ PRESENTs Mr. Byron E. Raner, City Manager~ Mr. Sam H. McGhee, III, Assistant City Manager~ Mr. Ja~es N. Kincanon, C~ty Attorney~ Mr. H. Ben Jones, Jr., Assistant City Attorney~ and Mr. A. N. Gibson, Director of F~nance. INVOCATION~ The meeting was opened with a prayer by the Reverend ~obert L. Bradley, Pastor, Westha~ton Christian Church. MINUTES: Copies of the minutes of the regular meeting held on May 28, 1974, and the regular meeting held on June 3, 1974, having been furnished each member Of Council, on motion of Mr. Trout, seconded by Dr. Taylor and unanimously adopte~, the reading thereof was dis~ensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON pUP. LIC MATTERS: pARKS AND pLAyGROUNDH= pursuant to notice of advertlaement for bids for sealing and color coating the Shrine Hill Tennis CoUrts, said proposals to be received By the City Clerk until 2 p.m., Monday, Jane 10, 1974, and to be opened at ~hat hour, b~fore Council, Mayor Webber asked if anyone had any ~uestions about the advertisement for bids and no representative present rals~g any question, the Mayor instructed th~ City Clerk to Proceed with the opening of the hide; whereupon, th~ C~ty Cl~rk o~-n~d an~ re~ the on~ ~i~ received from MarsteIle~ corPoratinn', .in th~ amouht of Mr. Thomas moVed that ~ h~ ~ referred to a conm~[ttee to be appointed by the Mayor for atedy, rep'ort and redO~n~dat[on to Council.' The motion was seconded by Mr. Hubarcl and unan~mot[aly adopted. Mayor I~llber appointed Dr.: Mary Jane Donnaile~, Chairman, Mr. Johh A. Newson and Mr. Sa~ H. McGh~,' I~I, as m~e~ of th~ co~nitt~e. STADIUMs pursuant to ~ot'ice ~[ advertis~-t for hide for remodeling of a portion of the west stands at Victory Htadium, ~aid proposals to be received by the City Clerk until 2 p.ml,'Mon~ay, June 10, 1974, and to be opened 203 ;204 at that hour before Council, Mayor Webber asked if anyone had any questions about the advertisement for bide and no representative present raislnq any questions, the Mayor instructed the City Clerk to proceed with the openin~ of the bldsl whereupon, the City Clerk opened and read the following blds~ Name. Base Alternate Both Southwest Construction t Incorporated - $37,000.00 $ 5,200.00 $42,200.00 Hedges Lumber Corporation 40,480.00 5,300.00 45,780.00 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 motion wes seconded by Hr. Trout and unanimously adopted. Mayor Webber appointed Dr. Mary ~ane Donnalley, Chairman, Mr. John A. Newson and Hr. Sam H. McGhee, III, as members of the committee. AII~PORT: pursuant to notice of advertisement for bids for security boundary fencing at Roanoke Municipal (Woodrum) Airport, ADAP Project NO. 8-51~0045o03-74~ Contract I, DIvision I, said proposals to be recetvecl by the City Clerk ~l~til 2 p.m., Monday, June 10, 1974, and to be o~ned at that hour before Council, Mayor w~bber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor ~ns~ructed the City Clerk to proceed with the opening of the bids~ where- upon the City Clerk opened and read the one bid received from powers Fence Co. any, Incorporated, in the amoent of $42,240.00 Hr. Thon~as ~oved that the bid be referred to a co. tree to be appointed by the Mayor for study, report end recommendation to Council. The ~tion was seconded by Mr. Trout and t~lan~mously adopted. Mayor W~bber appointed Messrs. Kit B. Kiser, Chairman, R. C. Peele, and Sam H. ~cGhee, III, as members of the committee. A~ORT= Pursuant to notice of advertisement for bids for addltionel ran~ lighting at Roanoke Menlcipal (Woodr~m) Airport, ADAP Project NO. 8-51-0045-03-74, Contract I, Division II, said proposals to be received by the City Clerk ~ultil 2 p.m., Menday, J~ne 10, 1974, and to be opened at that hour before Council, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Hayer instr~cte~ the City Clerk to proceed with the opening of the blds~ where- upon the City Clerk.opened and read the following bids: Cross Electric company, Incorporated - $ 27,7?0.00 Varney Electric Co. any, Incorporated - 32,420.00 New l~ver Electrical Corporation - 35,587.00 Mr. Thomas ~vtd that the bids be referred to a co--tree to be appointed by the Mayor for tabulation, report and rec~endation to Council. The notion was seconded by ~Lr, Trout and unanimously adopted, Mayor Webber appointed Messrs. Kit B. Klsert Chairman~ R. C. pools Sam H. ~cGhee, IIx, and James O. Trout as members of the c~m~ttee. Relative to the security bothndary fonc~g and the additional ramp lighting at Roanoke Municipal Airport, the City Manager submitted a written report advis$ng of a telephone call from the Federal Aviation Ad~Linist=ation inform~ng the city that because of heavy c~*tments upon funds for airport projects throughout the nation, the federal government will close out the fis- cal year 1974 ~tments on June 28, 1974~ that for them to be able to accomp- lish this matter, they must have authorization fr~m the city with regard to these projects by Wednesday, June 12, 1974, and recom~ending that he be autho- rized to file a project application for the security boundary fencing, the additional ramp lighting and the airport crash fire truck. (For full text, see rs~°rt as filed in the City Clerk's Office.) Mr. Trout moved that Council concur tn the report of the City Manager and offered the following Resolution: {%21566} A ~E$OLUTION authorizing the City Manager to cause a Project Application to Be prepared for ADAP Project 8-51-0045-03-74 and, thereafter, execute and s~h~t the same to the Federal Aviation Adm~nistration for approval, consisting of Contract I, Division I and II and Contract II, Division ! for work and/or equipment for use at Roanoke _~unicipal Airport, (Wooclrum Airport,) and expressing this Coktneil~s willlngness to provide funds to pay a certain ' portion of the cost of such 'purchases during the currant fiscal year. (For full text o£ Resolution, see Resolutlon Book NO. 39, Page 348.} Mr. Trout novsd the adoption of the Resolution. The motion was seconded by Mr. Llsk and adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. ? · NAYS = None ................... 0. AII~PORT= pursuant to notice of advertisement for bids for repalrs to the concrete apron ~n front of the Terndnal Building at Roanoke Municipal (Woodrum) Airport, said proposals to be received by the City Clerk untll 2 p.m., Monday, June 10, 1974, and to be opened at that hour before Council, Mayor Webber asked if anyone had a~ly questions about the advertisement for bids and no represantative present raising any question, the Mayor instructed the City Clerk to proceed with the opaning of the blds~ whereupon, the City Clerk opened and read the one bid received from H. & S. Construction Company, in the amotlnt of $31,877.50. 205 ;206 Hr, Thomas moved that the bid be referred bo e cnm~ttee to be appointed by the ~ayor for study, report and rec~ndation to Council. ~he motion was seconded by Hr. T~out and unanl~otmly adopted. Hayor Webber appointed Hessrso Xit Bo Klser, R. C. Poole, Sam N. Hc~hee, III, and ga~e Oo TrOut aa ~-~rs o~ the conm~ttee. PETITIONS ~ COHHUNICATIONS: BUllET-SCHOOLS: A con~unication from the Roanoke City School Board requestL~g that $11,748.25 be appropriated to 'Schools - In-Service Education for Teacherew' under Section %2875 of the 1973-74 budget of the Roanoke City School Board, advising that funds in the above amount have been received from the State Department of Educatian and were not included in the 1973-74 revenue budget, was before Council. Dr. Taylor moved ~hat Council concur ~n the request of the Roanoke City School Board and offered the follow~ng emergency Ordinance: (%21567) AR OEDI~CE to amend and reordain Section %2000, 'Schools - Ins~ruction,' of the 1973-74 Appropriation Ordinance, and providing for an e~erge~cy. (For full text of Ordinance, see Ordinance Book No. 39, Page 349.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas end adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................... ?. NAYS: None .....................0. BUDGET-SCHOOLS: A co~municatlon fro~ the Roanoke City School Board requesting that $6,000.00 be appropriated to 'Schools - Visual Literacy Grant,m under Section ~13000 of the 1975-74 budget of the Roanoke City $chool Board, advisln~ that the Vlrginia Commission of Arts and E=manitles ia to reimburse the Roanoke City Public Schools in the above amount which is being matched from funds designated for this purpose in the 1973-74 School Board budget, was before Council. Hr. Trout moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance: {%21568) AR ORDINANCE to amend and reordaln Section %13000, "Schools - Unclassified,' of the 1973-74 Appropriation Ordinance, and providing for an e~ergency. (For full text Of Ordinance, see Ordinance Book No. 39, Page 350.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, H~bard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................... ?. ~AYS: None ...................... 0. BUDGET-SCHOOLS~ A cc~munlca~lon frc~ the ~oanoke City School Board requesting that $1,000o00 be appropriate~! to 'Schools - poet-In-the-Schools Grant,' under Section %13000 of the 1973-74 budget of the Roanoke City School Board, advising that the Virginia Cc~em~ssion of ~cts and Humanities Is to reimburse the Roanoke City Public Schools in the above amount which Is being matched f~m funds designated for this pttrpose In ~he 1973-74 School Board budget, was before Councllo H~o T~out moved that Council concur ~n the request of the Roanoke City School Board and offered the following eme~qency Ordinance~ (%21559) AN ORDII~NCE to amend and reordain Section [13000, 'Schools Unclassified,' of the 1973-74 Appropriation Ordinance, and providing for an emergenc~. (For full text o£ Ordinance, see Ordinance Book No. 39, Page 350.} H~o T~out moved the adoption OE the Ordinance. The motion was seconded by ~tr;.Lisk and adopted by the following vote~ AYES: Hessrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber .................................. 7. NAYS: None .........................0. BUDGET-SCHOOLS: A co~onication from the Roanoke City School Board requesting that $171,306.22 be transferred from 'Schools - P. L. 89-10, Title It' under Section .~22000 to #Schools - Title ! $~r Program~' under Section %28000 Of the 1973-74 budget of the Roanoke City School Board, advising that the transfer ~r~ll be available for effective operation of the 1974 Title Sun,er Program, was before Council. Mr. Trout moved that Council concur Ln the request of the Roanoke City School Board and offered the following emergency Ordinance: (%21570) AN O~tDINANC~ to a~end and reordain Section %22000, 'Schools P. L. 89-10, Title I, ' and Section %~8000~ 'Schools - Title I, Su=~er Program,' oE the 1973-74 Approprtatlon Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 39, Page Mr. Trout moved the adoption of tho Ordinance. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Messrs. Garland, Hubard, Taylor~ Thomas, Trout and Mayor Webber ......................................6. NAYS: None ........................0. {Mr. Lisk not voting} BUDGET-SCHOOLS~ A con~untcat~on from thc Roanoke City School Board requesting that $7,097.78 be appropriated to 'Schools - Stumper Program, 1974,' under Section %28000 of the 1973-74 budget of the Boanoke C~ty School Board, advising that the above amour will be used to pay salaries of teachers e~ployed for the Title ~, 1974 Stunner Program and will be 100 per cent reimbursed from Title I, P. L. 89-10 funds, was before Council. 207 ~208 Hr. Trou2 move~ that council concttr J-~ the request oE the ~oanoke City School Boar~ and offere~ the £ollme~ng emergency ordLnancet (J21571) AH OIU)IHANCE to anend and reorda~n Section J28000, "Schools - Smmer Program, 1974,' oE the 1973-74 Apprppr~.atlon Ordinance, and providing for an emergency. (For fu[[ text of Ordnance, see Ordnance Book No. 39, Page 352.) ~r. Trout ~oved the adopt[on of the Ordinance. The motion was seconde~ by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk~ Taylort Thomast Trout and Mayor Webber ................................. NAYS: No~e ....................... 0. BUDG~T-SC~0OLS: A communication from the Roanoke City School Board advising that unant~cipated revenue Is being awarded the Roanoke City Schools from Pub[lo Law 8?4, Federal Iu~act Aid f~nds,.~n the amount of $7?,36?°00, and requesting that the a~ount he appropriated to the Cat, Ira1 Lmprovements Program in the following manner, viz= Hurt Perk Addition - $50,000.00, Patrick Henry 'Addition - $12,000.00 and Fishburn Perk Addition - $L5,367.00, was before CounciL. Mr. Trout moved that Council concur in the request of the Roanoke City School Board and offered the following emergency ordinance= (%21572) AN ORDINANCE to a~enR &nd reordain Section %89, 'Transfers to Capital Improvements Fund,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Or~ina~ce~ see OrR~ance ~ook No. 39, Page 352.) Mr. Trout moved the adoption of the Ordinance. The motion was seconde~ by Dr. Taylor and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. ?. NA~S= No~e ........................ SCHOOLS: A co=mmnication from Mr. G. B. Spurlock, Jr., tendering his resignation as a me~b. er of the Roanoke City School Board, effective June 30, 1974, was before Council. Mr. Trout moved that the resignation be acce~te~ with regret. The motion was seconded by Mr. Llsk and unanimously adopted. BUDGET-COMPENSATiON BOARD= . CO~=nunications from the Compensation ~oard tentatively fixing the salaries and expenses of the Office of the Attorney for the Commonwealth, the Treasurer and the Commissioner of the Revenue for the fiscal year e~ding Ju~e 30, 1975, were before Council. Mr. Thomas moved that the eckmann[cations be referred to 1974-75 buGget study. The ~otion was seconded by Mr. Trout and ttnan~J~ously adopted. 4 PAY PLAN-SHERIFF~ A co~atmication from Sheriff Paul J. Puckett advising that in order to comply with the new statute establishing certain salaries for deputy sheriffs, it is' necessary that he request the approval of Council of the revisions of the Grade In the Pay Plan as set forth in his 1974-75 f~sc~l year budget, was before Council. Mr. Thomas moved that the communication be referred to 1974-75 budget study. The motion was seconded by Mr. Trout and unanimously adopted. HEA~TH DEPARTHENT~ A petition signed by '39 residents of the East Gate section of the City Of Roanoke complaining about the condition Of the vacant lots In their area and re~uesting that Council ~ulvestigate the matter, was before the body. Mr. Thomas moved that the matter be referred to the City Manager with the request that he secure the necessary information and report back to Council. The motion was seconded by Mr. Lisk and unanimously adopted, REPORTS OF OFFICERS z BUDGET-DEPARTHENT OF PUBLIC WELFARE: The City Manager submitted a written report reco~nnendIng that $7,600.00 be transferred from Aid to Dependent Children to Aid to Depea~dent Children - Foster Care under Section J37, 'Pablic Assistance,' of the 1973-74 budget, to provide funds for expenditures for the months of Hay and June, 1974. Mr. Trout moved that Council concur in the reco~nnendation of the City Manager and offered the followIng emergency Ordinance: (J21573) AN ORDINANCE to amend and reordain Section J37, 'Public Assistance,' of the 1973-74 Appropriation Ordinance, and providing for an ~mergancy. {For full text of Ordinance, see Ord~_~ance Book No. 39, Page 353.) Mr. Trout moved the adoption of the OrdInance. The motion was seconded by Mr. Garland and adopted by the following Vote= AYES= Messrs. Garland, Hubard, ~.isk, Taylor, Thomas, Trout and Mayor Webber ................................. 7. NAYS = None .......................0. BUDGET-COMMONWEALTHUS ATTORNEY-GRANTS: The City Hanager submitted a written report relative to Law Enforcement Action Grant No. 73-A22[I~ Common- wealth~s Attorney's Investlgator, advisIng that the grant has been approved by the Division of Justice and Crime Preventlon, in the total amount Of $14,875.00, with $12,425.00 coming from federal block funds, $690.00 from D.J.C.P. g~neral funds and $1,760.00 provided locally in cash match, recommending that the City Manager be authorized to accept the grant and that $14,87~.00 be appropriated to this grant account. Mr. Tro~t moved that Council concur in the recon~nendation of the City Manager and offered the following emergency Ordinance: (f21574) AN ORDINANCE tO amend and reordain Section ~29, wealth~s Attorney Investigator,' of tho 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 39, Page 354°) Mr. Trout moved the adoption of the Ordinance, The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard~ Llsk~ Taylor, Thomas~ Trout and Mayor Webber .................................. NA¥S~ None .........................0. Dr. Taylor then offered the following Resolution authorizing acceptance~ execution and filing Of the grant: {921575) A RESOLUTION authorizing the acceptance, execution, and filing Of the 'Special Conditions for Action Grant Awards' with the Division of Justice and ct/me Prevention for an action grant of federal fun'~s to continue en~loymont of an investigator on the staff of the COmaonwealth~s Attorney of the city. (For full text of Resolution, see Resolution Book No. 39, Page 354.) Dr. Taylor moved the adoption of the Resolution. Tho motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... NAYS: None ........................... 0. BUDGET-CIVIC CENTER: The City Manager sub, trod a written re~ort recon~nending that $6,500.00 be transferred from Personal SerVices to Building Maintenance under Section ~440, 'Civic Center,' of the 1973-74 Civic Center Fund Appropriation Ordinance, due to certain unforeseen and unbudgeted expanses ut the Roanoke Civic Center. Mr. Trout moved that Council concur in the recommendation of the City Hanager and offered the followlng emefgancy Ordinance: (%21576) AN ORDINANCE to amend and reOrdaLn Section %440, .=Civic Center Fund - A~mi-~strattve Expenses,' of the 1973-74 civic center Fund Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance,' see Ordinance Rook No. 39, Page 355,} Mr. Trout moved the adoption' of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the follow/ng vote: AYES: Messrs. Garland, Hubard[ Lt~k, Taylor', Thomas, Trout and Mayor Webber ............................. 7. NAYS = None .....................0. BUDGET: The City Manager 2tlhmitted a written report recommending certain transfers within the 1973=74 budget to Provide funds for the remainder of the fiscal year, advising that these 'accoUnts reqlllre additional overtime funds due to unforeseen incidents which ocCUrred during the 1973-74 fiscal year. Dr. Taylor ~oved that council concu~ in the recommendation of the City Manager and offered tho following emergency Ordinances (i21577) Al/ Ol~DIl/~CR to amend and reordain certain sections of the 1973-74 Appropriation Ordinance, end providing for an emergency. (For full text of Ordinance, see ordinance Book No. 39, Page 356.1 Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Kc. Thomas and adopted by the following vote: AYES: Hessrs. Ga~lend, Huba~dw v.isk, Taylor, Thomas, Trout and Hayor Webber ................................. 7. HAYS= Hone ........................0. - · GRANTS-JUVENILE AND DOMESTIC I~ELATXONS DISTRICT COURT-BUDGET: The City Manager sul~nitted a written re~ort re¢~nding that he be authorized to execute the proper forms of acceptance for Law Enforcement Action Grant No. 72-A1502,' Juvenile Delinquency Prevention Program, in the total amount of $82,226.00I, end further recommending that $5,628.00 be appropriated to this grant account. Kc. Trout moved that council con=ur in the rec~mmendation of the City ~Ma.n. ager and offered the following emergency Ordinance: (121578) AN ORDINANCE to ~mend and reordain Section I19, 'Juvenile and Domestic Relations District Court,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 39, Page 35?.) Kc. Trout moved the adoption of the Ordinance. The motion was seconded by Kc. List and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. ?. NAYS = No~e ..................... 0. Kc. Lisk then offered the followlng Resolution authorizing the acceptance, execution and filing of the grant: (%21579) A RESOLUTION authorizing the acceptance, execution, and filing of the 'Special Conditions for Action Grant Awards' with the Division of Justice and Crime Prevention for an action grant of federal funds for continuation of a juvenile delinquency prevention program in the city. {For full text of Resolutlon, see Resolution Book No. 39, Page 35?.) Mr. Ltsk moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................. ~--?. NAYS: None ....................... 0. pAP. KS AND pLAYGROUNDS: The City Manager s~hmitted a written .report relative to a summer tennis program, advising of the employment of ~. Robert Maggard to supervise the adult tennis activities and ~anage the adult tourna- ments and reco~e~4ing that the City Manager be authorized to enter into a certain four-party agreement in connection with developing a total tennis program in the City of Roanoke. 21,2' (For full text, see report as filed in the City ClerkOs OffLce.) K~. T~out ~oved ~hat ~c~ c~in ~e rec~n~tl~ o~ Clt~ ~ager ~d offered ~e follo~g ~g~ Ord~cez ($21580) ~ O~I~ au~or~z~g ~e Clt~ ~ager, on behalf ~e C~ty of ~oke, to enter ~toa ~o~ a~e~n2 ~i~ ~e ~or ~a~ue of ~oke Valley ~d ~e ~oke Valle~ ~s'~s~lation to ~1o~ a visor for a s~r t~ls p~o~r~ in ~e city u~n certain te~ ~d ~d p~ov~d~g for ~ ~rgen~. (Fo~ full rex2 o[ Ordin~ce~ see Ord~ce ~k ~o. 39, Page 358.) ~. ~out ~ve~ ~e adoption of ~e Ord~ce. ~e ~tion seconded b~ ~. Llsk ~ adopte~ by ~a foll~in~ A~S~ Messrs. Garl~ H~a~d~ Lisk~ Taylor~ Tho~s~ Trout and ~yor Weber .................................. ~YS = None .........................0. P~O~ B~-~ ~S~ The City ~ag~r s~tted a wr~tt~ =e~rt in co~ect~on wi~ a ~f~ed gr~ev~=e pr~ed~e, adv~s~g that ~lf~cat~ons ~e as 1. Est~lis~ent of ~e ~Perso~e~ ~ard~ as ~e final decision ~ng au~or~ty ~ all ~r~ev~=es ~nstead of a review 2.Id~ficati~ of ~rs of ~e Perso~el ~ra as citizens out pay. 3. ~f~ng ~e right of ~e City ~ager to enter ~to ~e ac~v~t~es of supe~so~ perso~el at ~y step of ~e Gr~ev~ce Proced~e prior to ~e hear~g by ~e Perso~el Board. {For ful~ t~t, see re~rt as f~led ~n ~e C~ty Clerk's Office.} Mr. Trout moved that Council concur in the report of the City Manager and offered the following emergency Ordinance amending subsection (b) of Section 5, Chapter 13, Title II, o£ The code of the City of Roanoke, 1956, as amended= (%21581) AN O~DINANCE amending and reordainlng subsection (b) of Section 5, Chapter 13, Title II, of The Code of the City of Roanoke, 1956, as amended, relating to the responstbillttes and duties of the Personnel Board~ providing for the effective date of this Ordinance~ and providing for an (For full text Of Ordinance~ see Ordinance Book No. 39, Page 359.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. nisk a~d adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk~ Taylor, Thomas~ Trout and Mayor Webber ............................... ?. NAYS = None ...................... 0. 'lit. List then' offered the f011°~lng Resolution concurring ~ the modified qriuvan~e pr0cedu~as (121582) A RESOLUTION concurring'in ~ Grievance Procedure promulgated by the Clty°e Personnel Bo~d. (For full text o£ Resolution, see Resolution Book Ho. 19, Page 3~0.) H~. List moved the adoption Of the'Resolution;' The motion vas seconded by H~o Garland and adopted by the foll°~lng AYES.` Hessrs. Garland, Hubard, List, Taylor,- Thomas, Trout and Hayor Webber ....... a .......................... NAYS.- Hone ......................... 0. COHPLAINTS: The City Hanager sulmitted a written report relative to a camplalnt from H~S. Ernest P. Wllklne regarding a large flat bed tractor trailer vhich vas located on a vacant lot at the vest end of the 1200 block of 3amison Avenue, S. E., advising that the vehicle has been removed from the premises. Hr. Trout moved that the report be received and filed. The motion was seconded by Hr. Hubard and tmanimously adopted. CITY PROPERTY.* The City Hanager sutanitted a ~r~itten report concurring in the rec~mendation of a cn~tttee that the proposal of Hylton Howell Real Estate and Auction Company to conduct a public auction sale of surplus personal property o~med by the City of Roanoke, at ~ix per cent of gross sales, be accepted. (For full text, see report as filed in the City Clerk*s office.) Hr. List moved that Council concur in ~he'reco~endatlon o£ the city Hanager and the committee and offered the following emerqency Ordinance: ($21583) AN ORDINANCE relating to the sale at public auction of certain surplus tanglble personal property o~ned by the city but not needed for any public purpose or use; authorizing t. he employment of the services of an auct-toneer for the aforesaid purpose; directing that such sales mede at auction be absolute and not subject to confirmation of price by later action oi the Counctl~ and providing for an emergenc~. (For full text of Ordinance, see Ordinance Book Ho. 39, Page 361.) Hr. List moved the adoption of the ordinance. The motion vas seconded by Hr. Garland and adopted by the folloving vote: AYES: Hessra. Garland, Hubard, List, Taylor~ Thomes, Trout and H~yor Webber .............................. 7. NAYS'. Hone .... ~ .... L ............ tt this point, Dr. Taylor left the meeting. 213 :214 STIff,TS AED ~S~ Council havtng refer~ed to ~e Ct~y ~ssi~ for s[~ ~e~=[ ~ ~~ ~e re.esl of ~e ~on Co~e- ti~ ~t ~t cer~ ~o~ed alley, a~tely 10 feet v/de ~d 294 feet long, ~t~d~g p~allel wl~ ~*Av~ue, H. E., ~ ~ eastegly direc- tion f~ Sev~ S~eet, H. E. ~ tO t~.~rsec~ ~ ~e right of way l~e cf ~e No~fo~ ~ Weske~ ~ll~a~ ~,.~ vaca2ed, discont~ued and closed, ~e City Pl~g C~ssion s~tte~ a ~itt~ re~[ rec~nd[ng ~a[ ~e ~. Lisk ~ved ~at Co~ci~ hold a p~lic hea~g on ~e ~eques2 a2 7~30 p.m., ~nda~, ~y 29, 1974. The ~t~ ~as seconded b~ ~. H~ard ~nd ~usl~ adopted. ~NSIDE~TION OF ~ NO~. ~O~ON ~D ~NS~DE~TION OF O~S ~D ~SOL~IONS= ~F~S~VE ~Y~ ~ ~N~NG A~ (CETA) = CO~C~i hav~ng ~recte~ ~e City A~to~ey to prepare ~e proper measure agreeing to certain ~nts to ~ agr~t entere~ ~to ~we~ ~e City of Ro~oke a~ u~er govern1 s~lv~sions of ~e Flf~ Pl~g D~str~ct, ~n V~rg~nia, re~a~g to ~l~g ~d ~erat~on of ~er Se~c~s ~der ~e ~reh~s~ve ~plo~t ~ ~a~g Aut of 1~3, h~ presente~ s~e~ whereupon~ ~. ~o~s offered ~e fo~g {%21584) A ~SOLUTION agree~g to certa~ ~n~nts to ~ agre~t ~tere~ ~to be~e~ the C~ty of ~oke ~d o~er gove~nta~ s~v~s~ons of ~e F~f~ Pl~g D~str~ct, in V~rg~ia, relating to Pl~g ~ ~erat~on of ~wer SedUces ~er ~ C~rehens~ve ~lo~t ~ Training Act of 19~3. (For full text Of Resolution, see Resolution ~ok No. 39, Page 362.} ~. ~s ~ve~ ~e a~opt~on of ~e Resolution. ~e motion was secon~e~ by ~. T~ut ~ a~opte~ by ~e follow~g A~= Messrs. GarliC, H~ L~sk, ~o~s, ~out ~ Weber ................................6. ~YS= N~e .................. 0. (Dr. Taylor ~sent} A~ORT= Cocci1 hav~g ~recte~ ~e' City Atto~ey to prepare ~e p~per meas~e conc~r~g ~ certa~ rec~at~ons of ~e A~ort_~v~so~ ~ss~on relative to ~e n~ea for a F~ ~ase ~eratom at ~e ~oke ~c~pal (W~) ~rt ~ ~irect~g ~e C~ty ~ager to advertise for b~s for s~e, he ~res~te~ s~ whereu~n, ~. Trout o~fere~ ~e foll~ng ~solut~on = (~8~ A ~SOL~ION con~r~g ~n c~r~ reco~n~at~ons of ~e C~ty ~rt A~viso~ Co~ssion relative ~o ~e nee~ for a F~xe~ Base ~erator at ~e ~oke M~=~pal (W~} A~rt~ ~ d~re=t~ng ~e C~ty'~ager to adver- tise for b~s for s~. (For full text of R~solut~on, see Resolution B~k No. 39, Page 364.} .! 215 Mr. Trout ~oved the adoption of the aeeolution. The motion was seconded by Mr. Llsk and adopted by tho £ollowing vote: AYES~ ~esera. Garland, Eubard, Llsk, Th~e, Trout and Mayor Webber ................................. 6. NAYS: None ................... 0. (Dr. Taylor absent)' pUBLIC WELFARE: Council having directed the City Attorney to prepare the proper measure approving certain emergency action of the City Manager, taken to provide space and facilities for ~mplementation. of the Food Stam~ Program on July l, 1974, he presented samet whereupon, Mr. Trout offered the following Resolution: (%21586) A RESOLUTION approving certain emergency action o£ the City Manager, taken to provide space and facilities for fl~olementation of the Food Stamp Program on July l, 1974. (For full text of Resolution, see Resolution Book NO. 39, Page 364.) Mr. Trout moved the adoption of the l~esolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Thomas, Trout and Hayer Webber ..................................... 6. NAYS.- None ....................... 0. (Dr. Taylor absent) BUDGET-SCHOOLS= Council having directed the City Attorney to prepare the proper measure transferring $15,000.00 from Attendance Services under Section %3000, 'Schools - Attendance Se[vices,' to ~alntenance of Plant and Equipment under Section %7000, 'Schools - Ha[ntenence of Plant and Equipment,' of the 1973-74 budget of the Roanoke City School Board, Mr. Trout offered the following emergency Ordinance: (f21587) AN ORDrNANCE to amend and reorda[n Section #3000, #Schools - Attendance Services,' and Section %?000, 'Schools - Maintenance of Plant and Equipment,' of the 1973-74 Appropriation OrdLnance, and providing for an emergency. (For full text of ordinance, see Ordinance P~ok No. 39, Page 366.) Mr. Trout moved the adoption of the Ordlnanee. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garlend, Hubard, Ltsk~ Thomas, Trout and Mayor Webber ............. £ .......................... 6. NAYS: None .........................0. ~Dr. Taylor absent} BUDGET-SCHOOLS= Council having directed the City Attorney to prepare the proper measure transferring $20,000.00 from Fixed Charges under Section $8~000, 'Schools - Fixed Charges,' to Special Instruction under Sectlcn S11000, 'Schools - -~poc[al Instruction,' of the 1973-74 budget of the Roanoke City School Board, Mr. Thomas offered the following emergency Ordinance: ;2 6 (121588) AN ORDZHANCE t;O a~enc] and reordain Section J8000, 'Schools - 1Pixe~ Charges,' and Section ill000,' 'schools - Special Instruction,' of the 1973-74 Appropriation Ordinance, and p~ovlding for an emergency. (For full text of ordinance, Bee Ordinance Book No. 39, Page 366.) ~r. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AY'~S: Messrs. Garland, Htlbard, List, Thomas, Trout and Mayor Webber ....................................... 6. NAYS: None ......................... 0. (Dr. Taylor absent) WA~R DEPART~NT; Cotulcil having directed the City Attorney to prepare the proper measure relating to a Hetropelltan/Reglonal Water Quality Management Plan developed by the Fifth planning District Commission for the Roanoke Valley and other hydrological planning units of said Planning District, and approving, gonerally, the concept of said plan, he presented same~ whereupon, Hr. Thomas offered the following Resolution: (J21589) A RESOLUTION relating to a Hetropoltt~un/~gtonal Water Quality Management Plan developed by the Fifth Planning District Co~mission for the Roanoke Valley and other hydrological planning units of said planning District, and appro¥~ng, generally, the concept of said plan. (For full text of Resolutlon, see Resolution ~ook No. 39, Page 367.) Hr. Thomas moved the adoption of the Resolution. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Hessrs. Garland, Wubard, List, Thomas, Trout and Mayor webber ..................................... 6. NAYS: None ....................... 0. (Dr. Taylor absent) COUNCIL: Hr. Hubard presented a communication concerning the filing of a statement o£ disclosure of real estate and other holdings, recommending that Councll resolve that its members be encouraged to com~l¥ with the provisions of ~ouse Bill 405 passed by the 1974 General Assembly of V£rginie, hut vetoed by the Governor, by annually filing a d£eclosure statement with th~ City. Clerk, until a state law on tb/e matter is unact~d into law. (For full text, .~ee communication as filed in %-he City Clerk'~ OfftceY) Hr. Huhard mov~I that ~unci~ request the City Attorney to prepare th~ proper measure :that would encourage the members of Councll to voluntarily make such yearly disclo~urex tn the City Clerk until a state law on this matter is enacted Into law. Th~ mo[ion' was seconded by Hr. List and unanimously adopted. LICENSES: Mr. List presented a conmnulication relative to a proposed plan for considerat~on of council in reference to the ~nspection and licensing of bicycles in the City of Roanoke. ~. ~.lsk ~oved that the rotter be referred to the City ~neger for a feasibility study ~d re~t~s p~sa~ h~s ~l~, ~e ~ was seconde~ by adopted, ~ ~IN~ OF CITI~S~ ~IONS-~IS~: ~. Lisk called ~ the att~tion of Co~cil ~at ~. T. H~ard ~yer~ who se~ed as City of ~oke for 35 ~ears passed away City Atto~ey ~ lns~cted to prepare ~e se~ices r~dere~ ~ ~. Boyer. H~ard ~d ~ly adopted. There being no further business, ~yor Weber declared the meeting adio~ed. APPROVED A~ST: Deputy City Cl~rk ~or ~217 COUNCILw ItEGULAR NEETING, ~onday, June 17, 1974o The Council of the City of P~anoke met in regular meeting in the Council Chamber in the Municipal.Buiidinq~ Nonday, June 17, 1974, at 2 p.m., the regular meeting hour, with ~ayor Roy r.. Webber presiding. pREiENT: Councilmen P~bert A. Garland, William -~. Hubard~ David K. Lisk, Noel Co Taylor, Hampton No Thanes, James Oo Trout a~d ~ayor Roy Lo Webber ................................... ? · /~SSENT: None .................. O° OFFICERS PRESENT: Mr° Byron E. Hanert City F~neger! Mr. Sam H. McGhee, III, Assistant City Manager~ Hr. James N. Kincanon, City Attorney~ Mr. H. ~en Jones, Jr.~ Assistant City Attorney~ and Mr. A, N. Gibson, Director of Finance. INVOCATION: The meeting was opened with a prayer by the Reverend Hudson T. Horneby, Pastor, Huntington Court United Methodist Church. MINUTES: Copy of the m~nutes of the regular meeting held on ~onday, June 10, 1974, having been furnished each member of Council, on motion of Mr. Trout, seconded by Hr. Llsk and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. CITY ATTOP~NEY: The City Attorney introduced Mr. Charles R. Allen, the new Assistant City Attorney to the members of Council. HEARING OF CITIZENS UPON PUBLIC MATTERS= NONE. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS= A Co~w~dication from the Roanoke city School Board reguest~ng that $8,913.82 be appropriated to 'Schools - Maintenance of Plant and Equipment,' u~der Section S7442 of the 1973-74 budget of the Roanoke City School Board, advising that a claim check in the above amount has been received to cover partlal costs of damages received at several schools, was before Council. Hr. Thomas moved that Council concur in the request of the Roanoke City School Board end offered the following emergency Ordinance= {$21590) AN ORDINANCE to amend end reordain Section $?442, =Schools - Maintenance of Plant and Egulpment,' of the 1973-74 Appropriation Ordlnanee and providing for an emergency. (For full text of Ordinance, see Ordln~nce Book No. 39, Page 368.} Hr. Th~s moved the adoption of the Ordinance. The rotation was seconded by Mr. TrOut and adopted hy the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS: None ......................0. BUDGE~-SCHOOLSt A co=~unica~on frn~ ~e ~oke City sch~l ~azd =e~es~g ~a~ S38~894~48 be app~pria~d to =Sch~ls - ~prove~8 ~d Bette~ts~= ~dez Sec~l~ J12531/64 of ~e 1973-74 budget o~ the ~oke Cl~y Sch~1 ~aEd~ advis~g ~t ~ese a~e f~ds Eeceived ~da= ~e V~ational Education ~t ~d aze 100 ~r cent re~s~le by Vl~g~la~ ~as before Co~cll. ~. ~s ~ve~ ~t ~cil conc~ ~ ~e re.est of ~e Ro~oke City Sch~l ~rd ~d offered ~e roll,lng ~rgen~ Ordin~ce= {%21~91) ~ 0~I~ to ~nd ~d reordain Section ~12531/64, 'Sch~ls - I~rov~ts ~d Bette~nts,' of ~e 1973-74 Appropriat~on Ordinance~ ~d provld~g for an ~ergen~. {For full t~t of O~ce, see Ord[n~ce ~k No. 39, Page 369.) ~. ~s ~ved ~e adoption of ~e Ord~ce. The ~t~on was se~nded by ~. T~ut ~d adopted by ~e foll~ng vote AY~ Messrs. Garl~d, H~d~ Lisk, Taylor, Th~s~ Trout and ~yor Webber .............................. ~YS = None .....................0. ~S= A ~t~t[on s[~ed by 82 ladies of Presbyter~ ~urch e~ress[ng their d~sapproval of ~e "~ssage parlors' ~n ~e Ro~oka Valley~ was before Co~c~l. ~. H~ard ~ved ~at ~e ~t~t~on be recei~d and filed. The .~t~on was seconded by ~. ~out ~d ~usly adopted. FI~ D~= A Resolution adopted by ~e ~oke Cowry Board of Supe~sors sup~rt~g ~e es~bl[s~ent of a Regional Fire ~alning Facility ~ ~e ~oke Valley, was before Cocci1. Dr. Taylor moved ~at ~e Resolution be received and f~led. The motion was seconded by ~. Tho~s ~d ~usly adopted. ~I~ DE--ION HO~= A Resolution adopted by ~e Co~c~l of ~e City of Cllfton Forge, V~rg~nia, con~r~g w~ City of ~oke ~ ~e c[ty"s efforts to develop a progr~ of outreach detention ~d a pr~r~ of regional tr~sportation as additional seduces to be provided by the ~oke Juvenile ~tent[on H~ ~d ~d~cat~g its desire ~d w~ll[ng- ness to ~e use of ~e seduces of said additional progr~ u~n ~ being ~de ava[l~le~ was before Dr. Taylor moved ~at ~e Resolution be received ~d filed. ~e motion was seco~ed by ~. H~d ~d ~usly adopted. ~ORTS OF O~ = G~S-P~ING: The City ~ager s~tted a ~ttt~ re~rt re~at~ve to ~e '701' C~reh~s~ve Pl~g ~s~st~ce Gr~t ~d ~e 1974 ~erall Pro~ Des[~ as developed by ~e ~par~nt of City Plying approved by ~D. {For full t~t, see re~rt as f~led ~ ~e City Clerk"s Off~ce.) Rt. ~nc~as moved that the report be received and filed. The notion was seconded by Mr. Hubard and unanimously adopted. HUNICIPAL BUILDING~ The City Hanager submitted a vrAtten report re- lative to a contrac2 with ~4artin Brothers Contractors for the remo~eling of the Third Street Building Annex, advising that the contractor has requested, and the administration agrees, that the ten per cent of the contract price held for retainage by the city amountinq to $78,895.94 should be lowered to $10,000.00, and recoMm=~ding.that Council authorize the City Hanager to reduce the retainage to $10,000.00 in lieu of the ten per cent Of contract price as specified in the specifications. ]ir. T~out moved that Council concu~ in the report of the City Manager and that the matter be referred to the City Attorney for preparation of the proper meas~e. The motion was seconded by Dr. Taylor and unanimously adopted. GRANTS-SEI~-J~ AND STORM DRAINS.' The City Manager submitted a w~itten report recommending tha~ Council authorize the execution of a contract between the City of Roanoke, the CoUnty of Roanoke, and the Roanoke County Public Service Authority for const~uctlon of the Hurray Run Trunk Sewer and that the City Manager be authorized to apply for a state and federal grant in the amount of eightY Per cent of an estimated total cost of $500,000.00 for this constraction. Hr. Thomas moved that Council concur in the report of the City Manager and offered the following emergency Ordinance: (t21592) Ail ORDINANCE authorizing the proper city officials to execute a contract, on behalf of the city, between the City of Roanoke, the County of Roanoke, end/or the Roanoke County Public Service Authority, relatlng to a certain new sanitary sewer trunk relief llne to serve properties of residents and commercial establishments within the Murray Run Watershed, within and without the corporate limits of the city, upon certain terms and conditional end providing for un emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 369.) Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. ~.isk and adopted by the following vote: AYES.' Messrs. Garland, Rubard, List, Taylor, Thomas, Trout and Mayor Webber ............................... NAYS: None ......................0. STATE HIGH!~AYS: The City Manager submitted a written report recom- mending that Council, by Resolution, request the Department of Highways to acquire the necessary rightS of way for the 24th Street from Shellers Crossing to Melrose Avenue p~oject and the improvement of the intersection of Airport Road, Hershberger Road end Williamson Road P~oject, that the city agree to pay its appropriate share of the acquisition cost end further reconmaending that Council request, upon completion of the pro~ec~s, that the Commonwealth convey the rights of way to the City Of Roanoke. Mr. T~out mOved that CoUncil concur in the reconm~ndation of the City Hanager and offered the following Resolution: (J21593) A RESOLUTION requesting the State Highway C~.~t~sioner to acquire the necessary rights of way £or Project U000-128-105, RN-201w for 24th Street, from Sh~f£ers Crossing to Melrose Avenue! and for Project 0118-128-101, RI/-201, for the ll~provement of the intersection of Airport Read, H~rshberger Read end Wllliamson Road, within the corporate limits of the city~ and guaranteeing to reimburse the State Highway Department for fifteen per cent (15%} of all costs incurred in such aCqUisition. (Pot full text of Resolution, see Resolution Book No. 39, Page Mr. Trout mOved the adoption Of the Resolution. The mOtion was seconded by Mr. Llsk and adopted by_the following vote: AYES: /4essrs.hGar~and, Hnbard, '{.lsk, Ta~lor, Thomas, Trout and Mayor Webber ................................ ?. NAYS: None .......................0. COUNCIL: The City Manager std~nltted a written report requesting an Executive Session with the members of Council to discuss a real estate ~atter. Dr. Taylor moved that Council concur in the request. The motion was seconded by Hr. H~bard and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor l~ebber .................................. ?. NAYS: None ........................ 0. COUNCIL: The City Attorney subm/tted a written report requesting an executive session with the members of Council to discuss a matter of pending litigation. Dr. Taylor moved that Councll concur in the request. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hut~mrd, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... ?. NAYS: None ....................... AUDITS: The Director of Finance submitted a financial report of the City o~ Roanoke for the month of May, 1974. Mr. Hubard moved that the report be received and filed. The motion was seconded by Hr. Lisk a~d u~la~mously adopted. DEPARTMENT OF pUBLIC WELFARE: The Director of Finance submitted a manthly statement o£ expenditures for public welfare for the month ended --Flay 31, 1974. Relative to the statement, Hr. Thomas offered the following e~ergency Ordinance appropriating $1,019.69 to Aid to Dependent Children - Poster Care under Section ~37, =Public Assistance,' of the 1973-74 budget: 221 ([21594) AH ORDTHAflCE tO -~nd and reorda~n Section [37, ~sis~ce~' of ~e 1973-74 App~rla~lon O~ce~ ~d p~ov~ding for ~ (For full t~t of ord~ce~ see Ord~ce ~ok No. 39~ Page 372.) ~. ~s ~ed ~e adop~ of ~e Ordln~ce. ~e ~tlon seconded b~ ~. Llsk ~d adopted b~ ~e foll~g ~te~ AY~t Nessrs. G~l~d~ H~d~ L~sk~ Ta~lor~ ~s~ ~ou2 ~d ~yor Webbe~ ............................... 7. ~YSz N~e .......................0. B~ET-DI~R OF FI~ The Director of Fln~ce s~2~ed a ~l~t~ re~rt rec~d~g ~at he ~ giv~ au~ority to tr~sfer, on a t~ra~ basis~ f~s fr~ one city accost to ~o~er in order to avoid the necessity o~ having to obtain f~s by negotiat~9 short te~ ~rr~lng. ~. ~s ~ve~ ~at Cocci1 conc~ In ~e reu~en~ation of the Director of F~oe ~ ~t ~e ~tter be referre~ to ~e City Atto~ey for ~usly adopte~. B~ET: The Director of Fin~ce s~tte~ a ~ltten re~rt a~vising ~. ~s offere~ ~e foll~ e~rgency Or,in,ce appro~riatlng $1,9~.8~ to Co~t House ~ex, $80.02 to ~udon S~I ~roject ~ $100.30 to S~g Washington Park ~er Section ~89, 'Tr~sfers to Capital ~prov~nts (~21595} ~ O~I~ to ~n~ ~ reor~ain Section %89~ ~Tr~sfers to Capital ~prov~ts F~,' of ~e 19~3-~4 Appro~riation Or~ce, ~ provi~g for ~ ~erg~ncy. {For full text of O~ln~ce~ se~ Or~ce ~ok No. ~, Page secon~e~ by ~. Lisk ~ adopte~ by ~e foiiow~g vote: ~yor W~r .............................. ~YS: N~e ..................... 0. ~. Th~s f~er offere~ ~e roll,lng ~rgen~ Ordin~ce appropriat~ $1,245.65 to ~ai ~ave ~der Section %340, 'M~icipal Alert F~, of ~ 19~3-74 M~ici~al ~ort ~ App~riation (%21596} ~ O~I~ to ~ ~ reordain Section %34~, ~rt F~,' of ~e 19~3-~4 M~icipal Ai~ort F~ Appropriation Ordin~ce, ~ provi~g for ~ ~rg~n~. (For full t~t of Or~ce, see Or~ce B~k No. 39, Page secon~e~ by ~. Llsk ~ a~o~te~ by the ~oll~g ~te: AYES~ Hessrs. Garlan~ Hubard~ Lisk~ Taylor~ Thomaa~ Trout and Had'or Webber .......................... ~ .......... 7. HAYS~ None ....................... O. Hr. Thomas further offered the following energenc~ Ordinance amending and reordaining Sections 3~ 6~ 15~ 16, 26, 27~ 44~ 45~ 56, 57, 58~ 64~ 66, ?l, 75, 83~ 91~ and 97 of the 1973-74 budget: (12.1.597) A~ ORDZ~CE tO a.v~nd and reordain certain sections of the 1973-74 Appropriation OrdLuanc~, a~d provid~ng for an e~ergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 374.) ~L:. Thomas moved the adoption of the Ordinance. The motion was seconded by ~Lr. Llsh and adopted by the following vote: AYESt Hessrs. Garlandt H~bard~ Listw Taylor, Thomas, Trout and Hayor Webber ................................... NAYS*. None ........................... 0o KC. Thomas further offered the following emergency Ordinance emending Section 1290, 'Water DIs~ribution & Transn~lssion,' Section t330, 'TeEm/nal Leave,u and Section J340, 'Hlscellaneous,' of the 1973-74 Water Fund tion Ordinance.- (121598) AN ORDIHANCE to amend and reordain certain sections oE ~he Water Department 1973-74 Appropriation Ordinance, and providing for an emergency. (For £ull text of Ordinance, see Ordinance Book NO, 39, Page 376.) Hr. Thomas moved the adoption of the Ordinance. The mot/on was seconded by Hr. L~sk a~d adopted by the following vote= AYES= Messra. Garland~ Hubard, Lisk, Taylor, Thomas~ Trout and Mayor Webber .................................. NAYS = None .......................... 0. Mr. Thomas f~rther offered the following e~ergency Ordinance appropriati! $20~892.19 to Overt{me, $44.42 to Medical Insurance Payment and $636.99 to Refunds & Rebates under Section 1440t 'Adm/nlstrative Expenses,' of the 1973-74 Civic Canter Ft~ld Appropriation Ordinance: (J21599) AN ORDINANCE to a~end &od reordain certain sections of the civic Canter 1973-74 Al~ropriatlon Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 377.) Hr. Thomas moved the adoption o~ the Ordinance. The motion was seconded by Mr. Lisk a~d adopted by the following vote: AYES*. Messrs. G~rland~ Hubard~ Liak~ Taylor~ Thomas, Trout and Mayor Webber ................................... NAYS*. None ........................... 0. BUDGET-DII~ECTOR OF FINANCE: The Director of Finance submitted a written report requesting that Council grant to him the discretionary authority 223. : 22zt to car~ forwar'q unobligated capital funds ~o ~ acco~ ~o be es~l~shed vhe~ ~ese f~s ~uld ~ fo~ ~el~ o~g~all~ ~ded p~se. D~. Taylo~ ~ved ~a~ Co. ciA c~ ~ ~e re~es~ of Director o~ F~ce ~d ~b ~e mtte~ be geferzed to ~e City ~tto~ey for pgeparatl~ of ~e p~o~r meas~e. ~e ~tl~ vas seceded by ~. ~out and ~ly adopted. ' BU~ET-DI~R OF FI~: ~e Director o~ Fln~ce s~tted a ~ltt~ ze~=t advis~g of ~e necessity of s~pl~l appropriations to ~es, ~ezships ~d S~scriptions ~d PrintS9 ~d Office Supplies ~der Section $10, 'Director of F~ce,' 0f ~e 1973-74 budget. ~. ~s o~fezed ~e foll~g ~rqency O~din~ce appropriating $350.00 to ~es, H~erships ~d S~scrtptlons ~d $1,000.00 to Prating ~d Office Supplies ~der Section ~10, =Director of F~ce,' of the 1973-74 budget: (t21600) ~ O~I~ to ~nd ~d reordain Section ~10, 'Director of Fin~ce,' of ~e 1973-74 Appropriation O~ce, ~d p~ovlding (For full text of Or~n~ce, see Or~ce ~k No. 39~ Page 3~8.} ~. Th~s ~ve~ ~e a~opt~on of ~e Or,in,ce, The ~t~on was s~con~e~ by ~. L~sk ~ a~o~te~ by ~e ~ollow~g vote: A~S~ Messrs. Garl~ H~ar~, L~sk, Taylor, Tho~s~ ~out an~ ~yor Webber .............................. ~YS= None ...................... ~0RTS OF s~tte~ a ~tt~ re~rt re,at,Ye to ~ a~vert~s~t for b~ for ~e c~le televlslon fr~ch~se along wi~ ~e f~n~shed Or~n~ce which will awar~ ~ ~. Garl~ then offere~ ~e follow~g ~solut~on relative to a~ver t~s~t for (%21601) A ~OL~ION ~rect~g a~vert~s~ent for b~s for awar~ of a fr~ch~se to use ~e s~e~ts ~ o~er p~l~c places of ~e City of Ro~oke for a syst~ of co~ity ~te~a telev~sion (here~after calle~ c~le televisl~ or ~)~ wires~ con~ul~ c~les ~ f~xt~es, u~n certain te~ ~ conditions. (For f~l t~t of Resolution, see Resolution ~ok No. 39, Page 3~8.) ~. Garl~ ~ve~ ~e a~opt~on of ~e Resulut~on. The ~tion was seconde~ by ~. Th~s ~d a~opted by ~. follow~g ~te= AYES: Messrs. G~ H~ar~ hisk~ Taylor, Th~s, Trout an~ ~yor Webber ...................~ ................ ~YS= None ............................ GARBAGE I~:HOVALz The r-andflll Cc~mittee sulmitted a ~ritten report advisinq oE ~e ~eceip2 oi ~ addend~ to a ce~ ~e~zt ~d pl~ dated Sept~er, 19~3, entitled =~oke Valley ~Tl~al ~d~lll,' as prepared ~son ~d ~tton~ ln~o=ated~ ze~est~q ~a~ ~cil adopt a ~solution appzov~q ~e ~oke Valley ~qional Mdiill ~2 ~d Pl~s~ as ~nded, aqreeinq to ch~qe ~e pro~sed ~ o~ o~=ation o~ ~e l~d[ill should the pro~sed ~ of o~rat~ later be dete~ed to have a deleterious e[iect up~ suriace o~ q~o~d ~ater ~d aq=ee~q to ~se ce=rain conditions (For full text, see ze~=2 as ~lled ~ the City Cle~k*s ~. ~ut ~ved ~at ~e re~rt ~ received and f~led. The ~tion was seconded by ~. L~sk and ~an~usly adopted. ~. ~out ~ offered ~e fo11~g Resolution= {~21602} A ~SOL~ION approving a certain Ro~oke Valley Regiona~ ~df[11 Re~rt ~d Plus, as ~nded, agreeing to ch~ge the pro~sed me~ of operation of said l~df~ll should said pro~sed ~ of o~ration later dete~ned to have a deleterious effect u~n s~face or gro~d water~ ~d agreeing to ~s~ ceftin cond~tions upon ~y s~sequent o~rator of said (For full text of Resolution, see ~solution ~ok NO. 29, Page 403.) ~. Trout ~ved ~e adoption o~ ~e Resolution. ~e motion was seconded by ~. Lisk ~d adopted ~ ~e foll~ng A~S= Messrs. Garl~d, H~ard, L[sk~ Taylor, Th~s~ Trout and ~yor Weber ................................ 7. ~YS= None ........................ P~SIONS= Th~ Secreta~-Treas~er of ~e Board of T~stees of the ~ployees~ Ret~r~t Syst~ s~tted a ~[tten re~rt of the Board conce~g ~st of l~v~ng ~creases for all retired ~lo~ees ~d ~e upgrading of ~s~ons berg rece~ve~ by foyer ~loyees who ret~re~ ~der provisions of Police ~d Fire P~sion (For full text, see re~rt as filed in ~e City Clerk's Office.) ~. ~out ~ved ~at ~e re~rt be received ~d [[led. The ~t[on was seconded by ~. L~sk ~ ~usly adopted. ~. ~out f~er moved ~at ~e C~ty Atto~ey be [nst~cted to prep~e ~e p~per meas~e ~nding ~e Retir~t O~ce to provide for a ten per c~t across ~e ~ard pay ~crease for retired c~ty e~loyees c~parab~e to ~at berg given city ~l°Yees presently on ~e City of Ro~oke payroll. ~e ~t[on was se~nded by ~. Garbed ~d ~usly adopted. :225 ;226 AII~O~: ?he City ~anager sub~t~ed & ~ltten report c~g ~ ~e ~e~n~ation of a c~ttee ~t ~e p~sal of Sou~eas~e~ Safety Appll~ces~ for f~lsh~g ~ city wl~ a new c~ash/~escue fire t~ck ~lp~d vl~ radio accesso~les~ In ~e ~ of ~45~66,00~ ~ accep~ed~ s~ec~ ~o ~e approval ~d f~d~g Of ~e Federal AViation ~tnist~atl~. ~. ~s ~ved ~a~ Co~cll c~c~ h ~e fecundation of ~e City ~ager ~d ~a c~ttee ~d offered ~e roll,lng ~=gen~ O=din~ce~ ([21603) ~ O~l~ au~orlz~g ~e p~chase of one new crash- rescue vehicle~ u~n ceztain te~ ~d provlslons~ by accept~g ~e bid to ~e city by Sou~easte~ Safety Appll~ces~ Inco~ratedl ~d providing for ~ ~e~g~. (Fo~ full text of Ordin~ce~ see O~ln~ce ~k No. 39~ Page 405.) ~. Th~a ~ved ~e adoption of ~e Ord~ce. The ~ion was seconded by ~. ~sk ~d adopted by ~ foll~ing vote: AYES~ Hessrs. Garl~d~ H~a~d~ ~isk~ Taylo~ ~s~ Trout and ~yor ~ebbe~ ............................... ~YS: None ....................... 0. ~OR~: Co=cil having referred to a c~ttee for tab~lation~ re~t and ~ec~dation the bids which were received for installing sec~ity s~tted a ~itta report ~eco~ndin9 ~at~ s~tec~ ~o approval and f~dln9 by ~e Federal Aviatioa A~is~atton~ Cocci1 accepk ~e p~oposal o~ Powers Pence Comply of Ro~oke~ Inco~ra~ed, ~ ~e ~ of $42~240.00. ~. ~ou~ ~ved ~at co~cil conc~ h ~e recomendation of ~e co, tree ~d offered ~e following ~gency O~din~ce: (121604) ~ 0~I~ au~orizlng ~e p~chase ~d installation of addlklonal sec~ity bo~da~ fenc~9 at ~e Ro~oke H~icipal (~o~) M~r~ v~n cer~h tern ~d provteions~ by accep~g ~e bid ~de to ~e city by P~ers F~ce C~y of ~oke~ lnco~orated; ~d providhg for ~ (Fo~ full text of O~h~ce~ see O=d~ce ~ok NO. 39~ Va~e ~. ~ut ~ved ~ adoption of ~a Ord~ce. ~e ~tion ~as seconded by ~. ~s ~d adopted by ~e roll,in9 AYES: Hess~s. G~l~d~ H~ard~ ~sk~ Taylo~ ~s~ T~ou~ ~d ~yor Webbe= ..................................7. ~YS': None .........................0. ~ORT: Cocci1 havin~ ~e~er=ed to a c~ttee for tabula~ton~ =e~r~ ~d reco~n~on ~ bids which were =ecelved for insta11~ additional =~ li~h~hg at Ro~oke H~icipal (HO~) Ai~o=t~ ~e c~ttee s~tted a ~itten re,ri ~ec~nding ~at~ ~ect to approval ~d by ~e Federal Aviation A~istra~ion~ Co~cll accept ~e 1~ bid as s~tted by C~ss Elec~ic C~y~ ~ ~e ~ of ~27~770.00. }tr. Trout moved that Council concur ~n the recc~mendation of the con~tttee and o~fered the following emergency ordinances (%21605) ~N ORDIIOJ~CE authoriz~ng the purchase and installation of additional ra~ lighting a~ ~oke H~oipal (~) Ai~t, u~n certain te~ ~d p~ovisions, by accepting ~e bid ~de. to ~e city by Cross Electric C~y, In~ated~ rejectS9 certa~ o~er bidsl ~d prov~d~g (For fu~ text o~ Ord~n~ce~ see Or~ce ~k No. 3~ Page ~. ~out ~ve~ ~e a~opt~on o~ ~e Or~n~ce. ~e ~t~on was seu~e~ by ~. ~sk ~ a~opte~ by ~e fo~ng vote= A~ ~essrs. Garl~ H~ar~ ~sk~ Taylor~ Th~s~ Trout ~ ~yor Webber ................................. ~YS~ None ......................... ~ORT= The C~ty ~ager s~tte~ a written s~ relative to ~e crash/rescu~ vehicle, the sectary ~a~ fencing ~d r~p ~ght~g at Ro~oke M~ic~pal (W~) A~rt, noting certain f~ng of ~e pro~ects by ~e Federal Aviation A~n~s~at~on ~ re~est~g ~at CO~C~I appropriate an a~lt~ona~ $96~6~6.0~ to Ac~t 450-709 to f~s ~or ~e ~tial f~ng of all ~e p~cts ~er ~ Pro~ect No. 8-~1-0043-03-~4. (For full text, see re~rt as f~lea ~n ~e City C~erk~s ~. Trout ~ve~ ~at Cocci1 conc~ ~n the re~rt o~ the City ~ag~ ~ offere~ the foll~g ~rgen~ Or~n~ce appropriating to ~ash Rescue Vehicle ~er Section %450, ~M~c~pal A~rt F~,' o~ 1~73-74 ~c~pal Ai~rt F~ Appropr~ation (%21606} ~ O~I~ to ~n~ ~ reor~a~n Section Or~in~ce~ ~ prov~g for an ~rgen~. (For full text of Or~ce~ see Or,in,ce B~k No. 39, Page 408.} ~. ~ut ~ve~ ~e a~opt~on of ~e Or~n~ce. ~e ~t~on was seconde~ by ~. L~sk ~ adopte~ by ~e fo~l~g ~te= ~S= Messrs. GarliC, ~ar~ L~sk~ Taylor, Tho~s, Trout ~ ~yor Webber ................................. ~Y~ = None ......................... 0. ~ORT= Co~c~l having referre~ to a c~ttee for tabulation, re~rt ~ recordation ~e b~s wh~=h were recelve~ for repairing ~e concrete apron ~ front of ~e Te~a~ Buil~g at ~oke M~c~pal (W~) ~rt, ~ co, tree s~{tte~ a ~tt~ report reco~g ~at the pro~sa~ H & S Cons~c~on C~y, ~n ~e ~t of $31,8~.50, be accepted. :-227 ~. ~rout moved that CouncXl'concu~ in ~e ~e~n~a[X~ of ~e ~ ~c6 of Buildings ~d P~pe~ ~ Section ~340~ ~ F~d~" to ~pairs ~ ~est ~ ~de~ Section t501~ "N~eipal ~o~ ~d~" og ~e 19~3-74 H~lclpal At~r~ ~d ~roprlation Ordin~ce~ (~21607) ~ O~l~ [o ~nd ~d ~eo~a~ Section ~340~ "H~icipal Ai~ ~d~" ~d Section ~501~ "H~icipal ~ ~d~" of ~e 1973-74 N~icipal ~t ~d Appropriation O~ce~ ~d provid~9 for ~ (Pot full taxi of Ordin~ce~ see O~d~ce ~k No. 39~ Page 409.) ~. ~u~ ~ved ~e adop~l~ of ~e ord~ce. ~e ~[ion was seconded by ~. ~isk ~d adopted by ~e foll~ing vote= AYe= Hess~s. Ga~land~ H~ard~ ~isk~ ~aylo=~ ~h~s~ ~rou~ ~yor ~ebber ................................. ~YS = None ........................0. Dr. Taylor o~[ered ~e foll~in~ ~rgen~ Ordin~ce accep[in~ the p~o~sal o~ H i S Cons~ction C~any= (~21608) ~ O~I~ accept~g ~e pro~sal of H · S Const~ction Comply fo~ repai=~g ~e concrete apron ~ front of ~e Te~nal Build~g ~oke H~icipal Ain,t u~n certain te~ ~d conditiOns~ au~o~izin9 certain city officials to exe~te ~e requisite contractl ~d providing (For [ull t~[ of O=din~ce~ see Ord~ce ~k No. 39~ Page 410.) D~. ~aylo~ ~ved ~e adoption oE ~e O~ce. The ~tion was seconded by ~. ~isk ~d adopted by ~e foll~in9 vote: A~S= Hessrs. Garl~d~ H~ard~ Lisk~ Taylo~ ~o~s~ T=ou~ ~d ~yor Hebber .................................. 7. ~YS = Hoae .......................... 0. ~IN~S~D BUSIES = ~0~. I~RODU~ION ~D CONSID~TIOH OF O~I~S ~ ~SO~IONS= CO~CI~= Co~cil having directed ~e City A~tomey to prepare prope~ meas~e relat~g ~o ~l~t~ disclos~e off ~eal estate holdings by ~e~s of ~e City Co~cil~ he pres~ted s~I whe~eu~n~ ~. H~a~d offered ~e foll~g ResoluEion= (~21609) A ~SOL~ION ~elat~g ~o vol~ dlsclosure of real es~te hold~gs ~ m~ers oE ~e Ci~y Co~cil. (For full ~ex[ off Resolu~lon~ see Resolution ~o~ ~o. 39~ Pa~e 411.) ~. H~ard ~ved ~e adoption of ~e ~solu~ton. ~e ~tion was seconded by ~. ~isk ~d adopted by ~e follow~g A~S= Messrs. G~l~d, H~ard~ Lisk, Taylor, ~s~ Trout ~d ~yor Webber ....................................7. ~YS= None ............................O. PLF. Hubard ~en moved ~hat ~he Cl~ A~o~e~ be re~es~e~ ~o ass~8~ ~e ~m~rs of Co~cll b~ prepar~g ~e pEO~E fo~ ~0 be used fil~g said real es~e disclos~es. ~e ~l~ was seconded b~ ~usly adopted. ~IONS; Co~c~l having directed ~e Ci~y A~o~e~ ~o p~epa~e proof ~as~e relat~g to ~e late T. H~ard ~yer, he presented s~l where- u~n, ~. ~sk offere~ ~e foll~g ~solut~= (J2~610) A ~SO~ION relat~g to ~e late ~ HO~ (For full text of ~solut~ see ~solut~on ~k No. 39~ Page 412.) ~. L~sk ~ved ~e adoption of ~e ~solut~on. ~e ~t[~ was seconded by ~. Garl~ ana a~opte~ by ~e foll~ng vote: A~S~ Messrs. Garl~d~ H~ard, L~sk~ Taylor, Th~s~ Trout ~yor Weber ......................... J- ...... ~YS= N~e ............ J ........... ~0. ~T~ DEP~= CO~O~i hav~ng d~rected ~e C~ty Atto~ey to prepare ~e proper ~as~e ~nd~g Section 5. Rules and ~lat~ons, ~apter 1, T~tle XII of ~e Code of ~e City o~ Ro~oke, ~956~ as ~ended, by ~e addition ~ereto o~ a new rule, to ~ n~red Rule 7.1, relating to avail~l~ty charges to ~ pa~d by certain cons~rs of ~e cltyUs p~l~c water syst~ he presented s~ whereu~n~ ~. ~s offered ~e ~erg~ (J2~611) A ~SOL~ON to ~d Sec. 5. Ru~es ~d Re~lat~on5, of Chapter 1~ Title XII of ~e C~e o~ ~e City' of ~anoke~ 1956, as ~en~ed, by ~e addition ~ereto of a new ~le, to be n~red Rule 7.~, relating availability =h~ges to be paid by certa~ cons~rs of ~e cityUs p~l~c water syst~; and p~v~d~g for ~ ~ergency. (For full text of Resolut~on, see ~solut~on Book No. ~9, Pag~ 412.} ~. Th~s ~ved ~e adoption of ~e ~esolutlon. The ~t~on was seconded by ~. Trout ~d adopte~ by ~e ~o11~g AYES: Messrs. Garl~d, H~a~, L~sk~ Taylor~ ~s, Trout ~d ~yor Webber .................................... ~YS= None ........i-~ ................. BU~ET-~T~ A~ON A~INST PO~R~ IN RO~O~ V~Y: ~. H~ard offere~ ~e follow~ng ~solut~ relat~g to recons~deratlon of ~1 Action Aga~st Poverty '~n Ro~oke Valley for ~e c~ty to p~t~c~pate ~n sa~d ag~ts f~g for ~e f~scal year 1974-75= (J2~612) A ~SOL~ION ~ress~g ~e Co~c~lts w~ll~ess reconsider ~e re~est o~ ~tal Action Against Poverty ~n ~oke Valley to participate ~ sa~d ag~s f~g for ~e f~scal year 1974-1975, should ~e Congress of ~e United S~tes fa~l to provide f~ds for sa~d org~zation. (For full t~t o~ Resolut~on~ see Resolution B~k No. 39, Page 414.) 229 Hr. Hubard ~oved the adoption of the Resolution. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Neaara. Garland~ Httba~d~-Iz~sk~ Taylor, Thc~as, Trout and Mayor Webber ................................ 7. NAYS: None ........................ O. HOTIONS AND HIS~'~T.T:~IEOUS BUSINESS: SCHOOLS: Mayor Webber called to the attention of Council that the of the Virginia Western community college Board will expire on June 30, 1974~ and called for nom~natiens to fill the vacancies. Mr. Thomas placed in nomination the names of Messrs. Henry E. Thomas end Paul N. Thomson. R. Thomson were reelected as members of the Virginia Western Comnu~lty College Board for terms of four years each endingg June 30, 1978, by the following Vote= Taylor, Thomas, Trout and Mayor Webber ........... 7. FIRE DEPARTHENT= Mayor Webber called to the attention of Council that the four year terms of Messrs. Wilfred C. Traynham and sidney W. Vaughan as members of the Board of Fire Appeals will expire on June 30, 1974, and called for noudnations to fill the vacancies. Mr. Thomas placed in nom~nation the name of Mr. Wilfred C. Traynham. There being no further nom~nations, Mr. Wilfred C. Traynham was June 30, 1978, by the following vote: Trout and Mayor Webber ........................... 7. LIBRARIES= Hayor Webber called to the attention of Council that the Reverend John O. Atkins as members of the Roanoke Public Library Board term and called for nominations to fill the vacancies. Hr. Thomas placed in nom~natton the names of Mrs. Constance J. Hamlar and Hrs. Lelia C. Bagbey. Mrs. Lelia C. Bagbey were reelected as ~ers of the Roanoke public Library Board for terms of three years each ending June 30, 1977, by the following FOR Nl~. HAMLAR AND N/~. BAGBEY: Messrs. Garland~ Rubard~ Lisk~ Taylor~ ~S~ ~ut ~ ~yor Webber~ .... ~ .............. 7. T~S: ~yor Weber called to ~e at~tion o~ ~o~cil t~ year ~e~ of ~ssrs. W. Ve~on H~cks ~ Per~ T. Keel~g ~d ~e one ~ear te~ of ~. J~s R. Spr~le as ~ers o~ ~e ~nue Study C~lssion w~ll e~re ~ J~e 30, 1974, ~d called for n~at~ons to f~ll ~e vacuoles. ~. ~s placed ~ n~ation ~e n~s oE ~ssrs. W. Ve~on H~cks, Per~ T. Keeling ~ J~s R. Spr~le. ~ere being no fur~er n~nat~s, ~ssrs. W. Ve~on H~cks Percy T. Keeling were reelecte~ as ~rs of ~e ~v~ue Study Co~ssion for a te~ o[ two years each ending J~e 30, 1976, ~ ~. J~s R. Sprinkle was reelected as a m~er oE ~e Rev~ue Study C~$s~on for a te~ of one year ending ~e 30, 1975~ by ~e following vote: FOR ~SS~. HIC~ ~LING ~ SPRI~= ~ssrs. Garland, H~rd, L~sk, Taylor~ ~s~ T~ut ~d ~yor Weber .............. T~FIC= ~yor W~r called to ~e att~t~on of Co~c~l that one year te~ of ~. K~e~ E. Trabue as a ~er oE ~e Ro~oke Traffic Co, tree will e~lre on J~e 30, 1974, and =alle~ for n~nations ~. ~s placed ~n n~nation ~e n~ of ~. Ke~e~ E. Trabue. ~ere be~g no fur~er n~nati°ns, ~. Ke~e~ E. Trabue was reelecte~ as a ~er of ~e Roanoke Traffic C~e Co--tree ~or a te~ of one year end~g J~ 30, 19~, by ~e fo11~ng vote: FOR ~. T~= Messrs. Garl~d, H~ard, L~sk, Taylor, ~s, Trout ~d ~yor Webber ........................................... FI~ DEP~ ~yor Webber called to ~e att~t[on of Cocci1 ~at ~e one year te~ of ~. ~bert E. Mull~,Jr.~ as a m~er of the Fire House Study C~ttee w[11 e~ire on July 1, 1974, ~d called for n~nat[ons to fill ~e vac~. ~. ~s placed ~n n~nat~on ~e n~ of ~. Robert E. Nu[len, ~ere berg no f~ther no~nat[ons~ ~. Ro~rt E. Mulls, Jr., was reelected as a ~er of ~e Fire House Stay C~{ttee for a one year te~ ~d~g July 1, 1975, by ~e fo11~g vote: FOR ~. ~: Messrs. G~l~d, H~ard, L~sk, Taylor~ Th~s, Trout ~d ~yor W~be=- ..... h ......... h ...................... ~GIO~ J~L= ~yor Webber called to ~e attention of ~at ~e one year te~ of ~. Jo~ M. Wilson~ Jr., as a m~er of ~e Ja~l Study Co, tree of ~e C~ty o~ ~oke will e~[re on &uly 1, 1974, and called for no~nat~ons to fill ~e 231" Mr. Thomas planed in nomination the name o£.~r. John M. W~lann, Jr. There being no ~urLher nmaAnati/ms, Hr. John H. ~ilson~ Jr. ~ was reelected as a ~m~"~r O£ the Jail Study Committee of the City of Roanoke for a one year term ending July l, 1975, by the £ollowing vote: FOR HR. ~flLSOH: Nessra. Garland, Hubard, LlSk, Taylor, Thomas, Trou2 and Hayer Webber ............................... ?. UTILITIES: Mayor Webber called to the attention of Council that the one year term o[ ~tr. R. R. Henley as a mtmber cE the Underqround Utility Study Con~tttee will expire on July l, 1974, and called for nominations to fill the vacancy. Rt. Thc~as placed in n~nlnation the name cE lit. R. R. Henley. There bein9 no fttrther nominations, ~r. R. R. Henley was reelected as a member of the Underground Utility Study Cc~tittee for a term of one year end~/~g July l, 1975, by the following vote: FOR MR. HENLEY= Messrs. Garland, Hubard, Lisk, Taylorw Thomas, Trout end Mayor Webber ........................... ?- PENSIONS= Mayor Webber called to the attention of Council that the one year tern of Mr. Henry R. Kiser and the two year tern of Mr. Carl C. Holt as members of the Police and Fire pension Board will expire on July 1974, and called for nominations to fill the vacancies. Mr. Thomas placed in nomination the names cf Messrs. Henry Kiser and Carl C. Holt. There being no further nominations, Mr. Henry 1~. Kiser was reelected as a member of the Police and Fire Pension Board for a term of one year ending July 1, 1975, and Mr. Carl C. Holt was reelected as a me, er of the Police and Fire Pension Board for a term of two years ending July 1, 1976, by the following FOR MESS~S. KISEH AND HOLT: Messrs. Garland, Hubard, Liskt Taylor, Thomas, Trout and Mayor Webber ...................... I~EGIONAL JA/L AND COURTHOUSE: Mayor Webber called to the attention of Council that the one year terms of Messrs. Frank W. Rogers, Sr., and T. L. Plunkett as members of the Regional Cou=thoune Committee will expire on July 1, 1974, and called for nominations to fill the vacancies. Mr. Thomas placed in nomination the names of Messrs. Frank W. Rogers, Sr., and T. L. Plunkett. There being no further nom~nations, Messrs. Frank W. Rogers, Sr., and T. L. plunkett, Jr., were reelected as m~mhers of the Regional Courthouse Co, tree for ter~ of one year each ending July 1, 197S, by the following FOR M~SS~S. ROGERS AND PLUNKETT: Messrs. Garlandw Hubard, Taylor, Thomas, Trout and Mayor Webber ............... ?. CELEBRATIONS: Mayor Webber called to the attention of Council that the one year ter~ of ~essrs. William B. Pelf and M. Carl Andrews as members of the Independence Bicentennial Commiselon will expire on July 1, 1974w and called for nominations to fill the vacallcles. Hr. Th_~-~ placed in nomination the ~ames of Messrs. William B. Pelf and M. Carl Andrews. There being no further hero'cations, Masers. William B. Pelf and M. Carl Andrews were reelected as members Of the Independence Bicentennial Comm~ssion for terms of one year each ending July 1, 1975, by the following vote t FOR HESSRS. POFF ARD ANDREWS= Messrs. Garland, Hubard, Ltsk, Taylor, Thomas, Trout and Meyer Webber.-.-.- ........ 1 ............. ?. FLOODS-HUP~/CANES: Mayor Webbe~ called to the attention of CouncA1 ~hat the one year te~ms of Messrs. 'George L. PAtzer~ Vincent S. Wheeler, William L. Myers, J. T. Hopkins and Charles L. Haeussler (Executive Director of the Fifth Planning DistrAct Commission) as members of the Floo~ Plain Committee will expire on July 1, 1974, and called for no~[natlons to fill the vacancies. Hr. Thomas placed An no~dnatAon the names of Messrs. George L. Pltzer, V~ncent S. Wheeler, WllAiam L. Hyers, ~. T. HopkLns and Charles L. Haeussler. There being no further nom~nations, Messrs. George L. Pitzer, Charles L. Haeussler (Executive Director Of the Fifth Planning District Comm/sslon VLncent S. Wheeler, WlllAam ~.. Myers and J. T. Hopkins were reelected as members of the Flood Plain Ccm~ttee for ter~s of one year each ending July 1, 1975, by the following vote: FOR M~SSRS. PITZER, HAEUSSLER, WHEELER, MYERS AND HOPKINS= Messrs. Garland, Hubard, Lisk, Taylor, Thc~nas, Trout and Mayor Webber--h---7. p~J~KS AND PLAYGROUNDS: Mayor Webber called to the attention of CouncA1 that the one year terms of Mrs. James R. Alvis, Jr. Carl Andrews, Charles N. Freeman and Robert N. Fishburn as members of the Mill Meuntain Development Cobb/tree will expire on July l, 1974, a~d called for nom~n&tAons to fill the vacancies. Mr; Thomas placed An nominatAon the names of Messrs. Robert N: FAshburn and M. Carl Andrews. There being no further ncnninat~ons, Messrs. Robert N. FAshburn and M. Carl Andrews were reelected as ~mhers of the H~11 Meunta~n Development Ccnnm~ttee for terms of one year each ending July 1, 197S, by the followlng vote = ' FOR MESSRS. FISHBUP~ ~ ARDREWS: Messrs. Garland, Hubard, L~sk, Taylor, Thomas~ Trout a~d Meyer Webber ............... 233~ ; 23;4': H~SEUMS: Mayor Webber called to the attention o£ Cooncil that the one year te~ms o£ M~s. John M. Chaney end Messrs. Jack M. Goo~ykonntz, Bobert No Flshb~rnw Don C. Kwlze~ Willie M. Anderson and D. Mort Robertson es members of the Museum Advisory C-~{ttee wi1! expire on July 1, 1974, and celled for nc/ainations to fill the vacancies. Mr. Thomas placed in nomination the names o£ Mr. Do Mort ~bertsonw Mr. WIXlis M. Andereon~ Mrs. John M. Cheney, Mr. Jack M. Goodykoontz and Mr. l~bert N. Flshburn, There being no further nominations, Hr. D. Mott Robertson~ Hr. Willis M. Anderson~ Mrs. John M. Chaney, Mr Jack Goodykoontz and Hr. Robert N. Fishburn were reelected as members of the Museum Advisory Committee for terms of one year each ending July 1, 1975, by the foX1owing vote: FOR MESSRS. ROBERTSON~ ANDERSON~ GOODYKOONTZ~ FISHBU~N AND HRS. CHANEYz Hessrs. Garla~d~ Hubard~ Lisk~ Taylor; Thomas, Trout and Mayor Webber ...................................................... 7. HO~SING-SLUH CLEARANC]/: Mayor Webber called to the attention of council that the one year terms of Hessrs. Earl B. Pullen, William A. Diamond, Warner N. Dalhouse, Maury L. Strauss, Harold W. Hardy, Aylett B. Coleman amd Lothar Mermelste/n as members of the Housing Task Force Committee will expire on July 1, 1974, and called for nc~ninations to fill the vacancies. Mr. Thomas placed in ~ondnation the names Of Messrs. Lothar Mermel- steLn, Aylett B. Coleman, Harold W. Hardy, Haury L. Strauss, William A. Diamond and Earl B. Pullen. There being no further nom~natlons~ Messrs. Lothar Murmelstein, Aylett B. Coleman, Harold W. Hardy, Maury L. Strauss, Willia~a A. Diamond and Earl B. Pullen were reelected SS members of the Housing Task Force Committee for ter~s of one year each e~ldlng July 1, 1975f by the following vote: FOR MESSRS. MERM~LSTEIN~ COLEMAN~ HARDy, STRAUSS, DIAMOND AND pULLEN: Messrs. Garland, Hubard, Llsk, Taylor, Thomas~ Trout and Mayor Webber ......................................................... ? · ROANOKE CITY ARTS COMHISS~0N: Mayor webber called to the attention of Cooncil that the one year terms of Mrs. Ham~e P. Vest,. Mrs. Hetty TisLnger, Messrs. John W. Creasy, W. L. Whitwell~ Peter Wreden and Eric E. Fitzpatrick as members of the Roanoke City Arts C~w~tsslon will expire on July 1, 1974, and called for nom~nations to fill the vacamcies. Mr. Thomas placed in nomination the names of Hrs. Betty Tislnger, Mrs. Hamie F. Vest, Messrs. Eric Fttzpatrlck~ Peter Wreden and John W. Creasyo There berg no furth6r no~E[natlons, Mrs. Betty Tiainger, Mrs. Ham/e P. Vest, Messrs. Eric Fitzpatrick~ Peter Wredun and John W. Creasy were reelected as members of the lt~anoke City Arts Commission for terms of one year each ending July 1, 1975, by the followillg vote: FOR M~5. TISINGER~ MRS. VEST, Mil. FITZPATRICK, MR. WREDEN AND MR. CREASYz Messrs. Garlandw Hubardw Llskf Taylorw Thc~nasw Trout'and Mayor Webber ...................................... ? · ~ pARKS AND PLAYGROUNDS: Mayor Webber called to the attention of Council that the one year terms of Messrs. Richard W. Ktenle, Frank B. Mundy, Jack M. Goodykoontz~ Joseph H. Austin, Julien I. Sacks and Louis M. Newton as ~em~ers of the Roanoke Transportation Museum Committee will expire on July 1, 1974, that Hr. Klenle has declined to serve another term and called for nominations to fill the vaca~cies. Hr. Thomas placed in nomination the names of Hessrs; Jullen Sacks~ Louts Newton, Jack M. Goodykoontz and Joseph H. Austin. There being no further nominations, Messrs. Julien Sacks, Louis Newton~ Jack M. Goodykoontz and Joseph H. Austin were reelected as members of the Roanoke Transportation Museum C~-~ttee for terms of one year each ending July 1, 1975~ by the following vote: FOR HESSRS. SACKS, NEWTON, GOODYKOONTZ AND AUSTIN: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber---?. INTEGRATION-SEGREGATION: Mayor Webber called to the attention of Council that the one year terms of Hrs. Mabel Green, Hrs. Margaret L. Duetsch, Hrs. Otis Ogden, Hiss Connie D. Smith, Messrs. Robert C. Churchill, Charles A. Davis, William C. Thomas, James W. Burks, Jr., and Frederick L. Bulbin as men,hers of the Cc~m~unity Relations Con, tree will expire on July l, 1974, end called for nominations to fill the vacancies. Hr. Thomas placed in nomination the names of Hrs. Mabel Green, Hr. Robert C. Churchill, Hr. Charles A. Davis, Hr. William C. Thomas, Mrs. Otis Ogden, Hr. James W. Burks, Jr.t Mr. Frederick L. Bulbin and Miss Connie D. Smith. There being no further nominations, Mrs. Mabel Green, Hr. Robert Churchill, Hr. Charles A. Davis, Hr. William C. Th~nas, Hrs. Otis Ogden, Mr. James W. Burks, Jr., Hr. Frederick L. Bulbin and Miss Connie D. Smith were reelected as members of the Ccannunity Relations committee for terms of one year each ~nding July 1, 1975, by the following vote:. FOR MRS. GREEN, MR. CHURCHILL; MR. DAVXS, MR. THOHAS, HRS. OGDEN, HR. BURKS, MR. BULBIN AND MISS SMITH: Messrs. Garland~ Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ........................ ?. OTHER HEARINGS OF CITIZENS: NONE. At this point, Mayor Webber declared a brief recess. At 3:10 p.m., the meeting was reconvene~ with all seven members present and Mayor Webber presiding. Mr. Thomas then offered the following Resolution relative to a compromise settlement of all claims made by Nello L. Teer Company in connection with the construction of the Roanoke Civic Center: 235 cla~ ~e by Nello ~. ~eeg ~y ~e ~oke C~VlC (FO~ full tex~ of ~solutl~ see ~solu~lon ~k No. 39~ Page 415,) ~. ~8 ~ved ~e adoption of ~e ~solu~l~. ~e ~i~ was second~ by ~. Llsk ~d adopted by A~t ~ss~s. Garl~d~ H~aEd~ Llsk~ Taylor. ~s~ ~out ~d ~yor Web~ ......................................7. ~YSt N~e ........................... ~-0. . ~ere ~g no f~2her bus,ess. adjo~ed. APPROVED A~ S T ~~ Deputy City Clerk ~yor COUNCv~'., REGULAR MEETI'NG~ Honday, O'une 24, 1974. ~he Council of the'City of Roanoke mot in regular meeting in the Council Chamber in the Huniclpal Building, Monday, aune 24, 1974, at 7:30 p.m., with Mayor Roy L. Webber presiding. PI~ESENT: Councilmen Robert A. Garland, William $. Hub~d, Noel C. Taylorw Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber--'---h---6. ABSENT= Vice-Mayor David K. Lisk ................................ OFFICERS PRESENT: Hr. Byron E. Raner, City Hanager~ Hr. Sam H. McGheaw III, Assistant City Manager! Hr. James N. Kincanon, City Attorney~ Mr. H. Ben Jones~ Jr., Assistant City Attorney~ and Hr. A. N. Gibson, Director of Finance. INVOCATION= The meeting was opened with a prayer by Dr. Noel C. Taylor. HINUTES: Copy Of the minutes of the regular moating held on Monday, June 17, 1974~ having been furnished each member o£ Council, on motion of Dr. Taylor, seconded by Hr. Hubard and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. Hk~a~tI~G OF CI%'IZ~i~S UPOH PUHLIC ~t~'fg~S= PETITIONS AND C(L~iUNICATIONS: HOUSING-SLUM CLEAILM~CE: A co~nunication from the Northwest Neighbor- hoo~ Alliance calling attention to two e~npty houses, one gutted by fire, at 627 and 632 Harrison Avenue, N. W., advising that the houses are dangerous and a safety hazard to the neighborhood, was before Counc£1. Hr. Garland moved that the motter be referred to the City Manager for proper disposition. The motion was seconded by Dr. Taylor and unanimously aflopted. STATE HIGHIiAYS: A communication from Hr. James E. Schleeper, President, Roanoke-Salem Plaza Merchants Association, requesting the assistance of Council in obtaining approval for the proposed extension of Route 117 from Melrose Avenu~ to Lee Highway, was before the body. Dr. Taylor moved that the communication be referred to the City Manage: for study, report and recc=~endation to Council. The motion was seconded by Mr. Hubard and unanimously adopted. BUDGET-STATE COMPENSATION BOARD: A communication from the Cc~pensatlon Boar~ advising that the Board has tentatively fixed the salarles and expenses of the Office of the Sheriff for the flscal year ending June 30, 1975, was before Councll. Hr. Garland moved that the communication bo received a~d filed. The motion was seconded by Hr. Hubard and unan~ously adopted. P~NSIONS~ A c~unicat~on frc~ Mrs. Frances D. ~m~ley relative to a pay ~ncrease for retirees~ advising that she Is still ~le to work but due to ~e c~ulso~ age l~t~ she was forced to =et~re ~d d~d not get ~e ~ey ref~ded ~at she paid ~to ~e ~loyees~ ~t~r~n2 System ~a that s~ce she d~ not get ~s ~ney ref~ded, she ~s off ~e opinion ~at she should at least get a $200.00 per ~n~ p~s~on, was before ~. G~l~d ~ve~ ~at ~e c~cat~on ~ received ~d f~led. ~t~on was seconded by ~. ~ard ~d ~usly adopted. B~-G~S-~ A~ION A~INST PO~R~ IN R0~O~ V~= The C~ty ~ager s~tted a ~lt~ re,ri relative to a gr~t for a S~er Progr~ for Econo, tally D~sadvantaged You~, advising that application has been ~de ~d gr~t of sa~d federal f~ds fr~ the ~par~nt of ~r has ~en approved, thereby~ ~t ~s rec~nded ~at ~66,200.00 ~ appropriated to ~[s gr~t accost. Dr. Taylor moved ~at Cocci1 conc~ ~ ~e re~rt of ~e City ~nager ~d offered ~e following e~rgency Ord[n~ce appropriating $166,200.00 to S~er Pr0gr~ for Econo~cally Dlsadv~ged YOU~= (~21614} ~ 0~I~ to ~nd ~d reorda~n Section %72, ~plo~t Progr~,' of ~e 1973-74 Appropriation Ord~n~ce~ ~d providing for ~ ~erg~. (For full text of Ord~ce, see Ord[n~ce B~k No. 39, Page 416.) Dr. Taylor ~ved ~e adoption of ~e Ord~ce. The ~tion was seconded by ~. Trout ~d adopted by ~e foll~g vote= AYES: Messrs. Garl~d, H~ard, Taylor, Tho~s, Trout and Weber ........................................6. ~YS: None ........................ 0. (V~ce-~yor L~sk BU~ET~S-C.A.M.p.S.: The C~ty ~ager s~tted a ~tt~ re~ort advis~g ~at ~e c~r~t gr~t budget for C.A.M.P.S. reflects an allocation $45,200.00 as op~sed to ~e actual ~t received of $52,812.00, ~erefore, ~t has been necessa~ to m~fy ~e c~rent contract ~d reappropriate allocations, ~d reco~d~g ~at ~e City ~a~er be au~orized to gr~t application to reflect ~s s~tuat[on. ~. ~out ~ved ~at Co~c~l conc~ ~n ~e re~rt of the City ~na~er ~d o~fered ~e foll~g ~rg~ Ord~n~ce: (%21615) ~ O~I~ to ~nd ~d reordain Seution %530, 'C.A.M.P.S., of ~e 1973-74 Appropriation Ord~ce, ~d prov~d~g for ~ ~rg~. (For full text of Ord~n~ce, see Ord~ce Book No. 39, Page 416.} (! Kro Trout moved ~he' adoption o£ t~e Ordinance. The motion ~as seconded ~Y~ ~ssrs. Garl~d, H~d, Ta~lor, ~s, ~ou2 ~d ~or ~eb~r .......~'2.~-~ ................... 6. ~YS~ N~e .................. 0. (Vice-~yor L~k absent) ~ORT~ ~e Cit~ ~ager s~tted a ~itt~ re~h advising ~cil adop2ed ~solu~lon No. 21566 on J~e 10, 1974, au~orizing ~e C~ty ~ager to execute a P~Jech ~pplica~ion 2o ~e Federal Aviation ~n~stra~on for ~e cons~ction of ~da~ ~d sec~ity f~c[ng~ additional ~ ll~h2~g ~d for ~e p~chase oE a crash/rescue vehicle, ~ah ~e city has be~ '~fo~d by ~e F~ ~a2 f~ds are avail~le, ~a~ ~e city has received a Gr~ for ~ls project, ~d reco~ding ~a2 ~e City ~ager be authorized to execute ~e Gr~2 Agr~n2 ~i~ ~e F~ for said p~oject. ~. T~ou~ moved ~ak Co~cil con~r in ~e ~ec~dat~n of ~e ~ager ~d offered ~e foll~[ng ($21616) A ~OL~ION adopting ~d approving ~e execukion of a Agre~en2 be~e~ ~e City of Ro~oke ~d ~e United States o[ ~erica, Federal Avla2ion A~nis~ation, providing for federal aid In ~e develop~n~ of ~e P~oke ~icipal Alert, as Pro~ec2 ~o. 8-51-0045-04~ Contract No. FA-~-1320. (For full t~ of Resolution, see ~s01u~on B~k No. 39, P~ge ~. ~ou2 ~ved ~e adop2~on o~ ~e Resolukion. ~e ~ion seconded by ~. Ga~l~d and adop2ed by ~e foll~g vote: AY~ Hessrs. Garl~d, H~ard, Taylor, ~s, T~ou~ and ~ebber ..................................... 6. ~YS~ Hone .......................0. (V[ce-~yor L~sk absent) B~ET-D~ OF P~LIC ~: The City ~ager s~tted a ~itt~ re~rt advis~g ~t by budget Ordin~ce No. 21420, Co~cil appropriated $60,000.00 to ~eral Relief ~der Section %37, "P~lic ~sist~ce," of ~e 1973-74 budget, to provide f~ds for ~e monks of ~ril, ~y ~d J~e, ~fnt~g out ~at ~e Stat~' ~par~t of P~lic Welfare has approved ~fs ~crease ~d has increase~'~ b~d~eted ~t by $60,000.00 for a total of $255,313.00, by ~is action, ~ey have f~ded ~e state's portion of ~is increased ~t. ~. Garl~d moved ~at ~e re~rt be received ~d filed. The ~tion ~s seconde~ by ~. ~out ~ ~usly adopted. CI~ PROP~= The city ~ager s~tted a ~itten re~rt relative to a p~lic auction sale of s~lus e~fp~nt, advising ~at it was pl~e~ to have ~e sale on J~e 29, h~ever, it has be~ necessa~, pr~rily to'~eet ~e auctioneer's needs, to ch~ge ~e date ~d place of ~e sale to July 27 at Victo~ S~i~. ~. ~s ~ved ~at Cocci1 conc~ ~ ~e re~rt of ~e City ~ager. ~e ~tion was seconded by ~. H~ard ~d ~usly adopted. 239 ~240 pAI~KS AHD PLAYGROUNDSs The City Hanagar submitted a w~ltten report relative to ~e ~esape~e ~d Ohio ~gine No. 1604 which 18 on display at ~e ~oke ~s~tl~ Huse~ advls~g ~t ~e ~oke Tr~$~tion Huse~ C~ttee has be~ c~cted by rep~esen~tives of ~e C i 0 ~ilroad as to ~e ~sslble feelings o[ ~e City of ~oke wt~ res~ct to ~elr recalling ~e ~esape~e ~d Ohio ~gine No. 1604 vhich was lo~ed to ~e City of ~oke ~ns~r~tioa H~e~ ~ 196~ advia~9 ~a~ It is ~e rec~n~tion of the ~as~r~tl~ H~e~ f~tt~ee ~at Co~cil~ b~ ~solution~ request the ~esape~e ~d Ohio hllroad to pe~t ~e C t O ~gine ~o. 1604 to r~ln in ~e Tr~s~r2a~ H~e~ s~ce ~e loss of t~ large engines at ~ls t~ vould r~ve a s~st~tial ~rtton of railroad e~lp~t from ~e Nuse~. (For full text~ see re~rt as filed in ~e City Clerk~s Office.] ~. Trout ~ved ~at Co~cil conc~ in the re~rt of ~e City ~ager ~d o~fered ~e follow~g Resolution= (~2161~} A ~SOLUTION relating to ~esape~e a Ohio ~llway Colby's Class H-8 Ste~ ~c~tive No. 1604 on lo~ to ~e city as ~ e~lblt in ~e ~oke Tr~spor~tion Center ~d ~llroad ~use~. (For full text of Resolution, see R~solution Book No. 39, Page 418.) ~. ~out ~ved ~e adoption of the Resolution. The ~tlon was seconded by ~. H~ard ~ adopted by ~e foll~g vote= AYe= Messrs. G~l~d~ H~ard, Taylor~ ~s, ~out and ~yo= Webber ......................................... 6. ~YS: None .......................... 0. (Vice-~yor Lisk abs~t) POLI~ D~-FI~ DEP~: The City ~ager s~tted a ~itt~ re~rt as to ~e s~tus of perso~el in ~e Police ~par~ent anti ~e Pire ~par~t for ~e monks of April ~d ~y, 1974. ~. Trout ~ve~ ~at ~e re~rt be received ~d filed. ~e ~tion was seconded by Dr. Taylor ~d ~usly adopted. CI~ ~-DI~R OF FI~-~ICIP~ A~I~R-AUD~TS= ~e City At~o~ey s~t~ed a ~itt~ re~r~ advls~g of several ~ents ~de to ~e City's ~arter at ~e 1974 session of the G~eral ~s~ly of Virginia, one creat~g ~e new ~ition of Director of F~ce, ~o~er creating ~e new ~sition of M~i=ipal Auditor, ~d a ~ird provid~g for ~e repeal of Seution 25, City Auditor~ of ~e four ~arter at such t~ as Co~cil shall have elected ~e Dire=tot of F~ce, ~d ~tt~g certain recorded measures which will a=c~lish ~e ~ve described p~oses. (For full t~t, see report as filed ~ ~e City Clerk's Office.) ~. ~o~s ~ved ~at Co~cil conc~ ~ ~e report of ~e City Atto~ey ~d offered ~e fo11~ ~rgen~ Ordln~ce repealing ~apter 8, Title I~, of The Co~e of ~e City of ~oke, 1956, as ~de~, relating to ~e City Auditor: IJ (J21618) AH OI~D:INA~(:~ repealing C~apter 8~ Title I~ o~ ~e ~e o~ ~a Cl~ of ~e~ 1956~ as ~nded~ zela~g ~o ~ C1~ Audl~o~ an~ provld~g fo~ ~ ~g~. (For full t~ o~ Ord~ce~ see Ordin~ca ~k Ho. 39~ Page 420.) ~. ~s ~ved ~e adoption of ~e Ordnance. ~e ~tlon seconded ~ ~. ~ut ~d adopted by ~e roll.lng ~tez A~ Nessr8. G~l~d~ H~d~ ~aylor~ ~s~ Trout and ~eb~r ................................. ~YS~ H~e .................. 0. (Vlce-~yo~ Lisk absent) ~. ~s offered ~e ~oll~ing ~rg~ Ordinance relative (J21619) ~ O~I~CE ~nding Title II~ anistration of ~e C~e of the City of R~oke, 1956~ as ~ded, by ~e addition of a new chapter to be n~red ~d ~titled Chapter 8.1, Director of Fin~ce, relating to the office ~d ~e duties of ~e Director of F~ce~ ~d provld~g for an ~rgency. (For full t~t of Ordln~ce, see Ordinate B~k No. 39, Page 420.) ~. ~s ~ved ~e adoption of ~e Ordin~ce. The ~tion was seconded by ~. H~ard ~d adopted by ~e foll~ing vote= A~: Hessrs. G~l~d~ H~ard~ Taylor, ~o~s~ Trout and ~yor Webber .................................. 6. ~YS= N~e .................... 0. (Viceo~yor Lisk absent) ~. H~ard ~ offered ~e fo11~ing ~rgen~ Ordin~ce relative to ~e position of H~iclpal Auditor~ (J21620) ~ O~l~ ~d~g Title Il, ~nistration of ~e C~e of ~ City of ~oke, 1956, as ~ded, by ~e addition of a new chapter to be n~ered ~d ~tled ~apter 8.2, H~icipal Auditor, relating to ~e o~fice ~d ~e duties of ~e M~icipal Auditor; providing for the effective date of ~is Ordin~ce; ~d providing for ~ ~rg~. (For full t~t of Ordin~ce, see Ord~ce B~k No. 39, Page 422.) ~. H~d ~ved ~e adoption of ~e Ord~ce. ~e ~tlon was seconded by ~. ~s ~d adopted by ~e following vote= A~I Messrs. G~l~d; H~d, Taylor, Th~s, Trout and ~yor W~r .............. = ................... 6. ~YS~ N~e .................... 0. (Vice-~yor Lisk absent) P~SIONS: ~e City Atto~ey s~tted a ~itt~ re~rt relative ~e cost of liv~g ~creases to be ~de in ~e b~efits n~ provided in ~e ~ployeest ~tir~nt Syst~ ~d ~e Pollce ~d Fire Pension Syst~, n~ f~ded by ~e ~loyees ~ Ret~t Syst~, for all retired ~loyees ~d o~er ~nefici~ies of ~ose syst~, such ~creases to be c~arable to ~e perc~ge 241 cost of living salary increase provided for present enployees of the city, advising that compliance with the directive wlll~ in his opinion~ require a very careful redraftlng and amendment of subsection (21), Section 7 of the lmployee8t Retirement System Ordinance as for an additional supplemental benefit under that Ordinance~ and for that pu~poset the assistance of the cityes actuary, George U. Buck, Consulting ActUaries, Inco~porated~ has been requested by the Secretary- Treasurer of the E~ployees~ Retiren~nt System, and that since the increases are to c~"~nce for the month of Julyt 1974~ and~ thus~ would appear first in the payments to beneficiaries made at the elld of July, that prior to that time, and in sufficient time to permit the Director of Ftnance~s orderly payment of benefits for the month of July~ an Ordnance or Ordinances will be brought before Council for effecting the changes directed. After a discussion as to the intent Of Councll*s motion in providing for a ten per cent across the board pay increase for retirees, Hr. Hubard moved that the City Attorney be instructed to prepare the proper measure, by the next regular meeting of Council on Monday, July 1, 1974, that would provide that city employees who retire on or after July 1, 1974, will receive a pension no less than they would have received prior to that date and that the Director of Finance be requested to subm/t figures to Cotulcil as to the cost of this proposal. The motion was seconded by Hr. Garland and onanimously adopted. BUDGET-DIRECTOR OF FINANCE= Thc City Attorney submitted a written report and opinion relative to general authority to the Director of Finance to carry for~rard unencumbered appropriations at the end of the fiscal year, advising he is of the opinion that this may be accomplished only by appropriation Ordinance of the Council and contained either in the annual appropriation Ordinance or budget or in a later appropriation Ordinance adopted as an amendment of the annual budget. (For full text, see report as filed in the City Clerk's Office.) Hr. Trout moved that the report be received and filed. The motion was seconded'by Hr. Hubard and %mani~ously adopted. COUNCIL= The City Attorney s~tted a written report transmitting a draft of a form for voluntary disclosures o£ real estate holdings and interests therein by the members of Council. Hr. Hubard moved that the report be received and filed. The ~otlon was seconded by Hr. Thc~as and unanimously adopted. TAXES: The Director of Finance submitted a written report advising that dttring the recently concluded budget study sessions, Delegate A. Victor Thomas appeared before Council and presented copy of Senate Bill %144 which concerns liberalization of the state's limits on tax relief for the elderly, transmitting copy of the co~aonication from Delegate Thomas, copy of the state law and copy of the Ordinance adopted by Cotmcil which now governs this particular situation as it relates to such real estate owners in the City of Roanoke. II Lat · Mr;' Huba~d moved that the matteM be referred to the Revenue Study Commission for stud~ rePOrt and recom~ndation to Council. The motion was seconded by Mr. Thce~as'and unanlm0usly adopted. .. BUDGET-SCHOOLS: The Director o£ FinanCe si~mitted a written rePOrt advising that during the prOCedure leading to balancing of the 1973-74 budget, the 2000 series of the school Board budget was reduced by $1,00S,000.00, that this figure was based on the amount of money which would be paid in the next fiscal year for school teachers being paid on a twelve month basis instead of a ten month basis, that it was lndica~ed a supplemental appropriation would be necessary prior to the end of the fiscal year when a more accurate determination could be made, pointing out that the appropriation necessary to fond the proper amount of money in the current fiscal year will be $580,000.00 and transmitting the proper Ordinance accordingly. Mr. Trout moved that Council concur in the rePOrt of the Director of Finance and offered the follOwing emergency Ordinance appropriating $580,000.00 to Personal Services under Section %2000, 'Schools' - Instruction,' of the 1973-74 budget: (t21621) AN ORDINANCE to amend and reordaln Section 12000~ "Schools - Instruction,' of the 1973-74 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 423.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor Webber ..... ~ ........................... ~ .... 6. NAYS: None ......... h .............. 0. (Vice-Mayor Lisk absent) I{EPORTS OF COMMITTEES: JUVENILE DETENTION HOME: Dr. Noel C. Taylor, Chairman of the Detention Services C~!ttee, submitted a status report on the expansion of the P~anoke City Juvenile Detention Facility and the development of alternatives to a secure detention. (For full text, see report as filed in the City Clerk*s Office.) Dr. ~aylor moved that the repOrt be receiged and filed. The motion was seconded by Mr. Habard and unanimously adopted. STADIUM: Councll having referred to a committee for tabulation, report and reconnnendation the bids which were received for the remodeling of a portion of the west stands at Victory Stadium, the committee submitted a written report reco~nending that the proposal of Southwest ConstrUction, IncorpOrated, in the amount of $42,200.00, be accepted, and that necessary funds in the amount of $12,200.00 be allocated from the 1974-75 budget and added to the $30,000.00 in the 1973-74 budget in order to provide sufficient funds for the project. 243 i~244 A~ter a discussion as to ~he proper procedure to be folloved in carrying over t~e $30,000,00 £r~ 4o 1973-74 budge~ [o ~e 1974-75 f~scal ~ear, budge~ ~* ~ou~ ~ved ~at action on ~e ~tte~ ~ deferred ~t~[ ~e next re~lar ~et~g o~ Co~cil on ~da~, ~ul~ 1, 1974, ~ orde~ ~at certain budge~ ~estl~s ~qht be ~ked out. ~e ~t~on was seceded b~ ~, ~s ~d ~usl~ adopted. S~ Co~c~l having previousl~ reelected Hessrs, Hen~ 'E. ~d Paul R, ~on as ~s of ~e Virginia Weste~ C~it~ College for te~ o[ fo~ ye~s each ~d~g J~e 30, 1978~ ~, H~ard offered ~e foll~ing ~solu~on providing for ~e (~21622) A ~S0~TION ap~lnt~g ~o m~ers o[ the ~cal Board Virginia W~ste~ C~lty College for fo~-year te~ of office on sa~d c~c~ng Ju~y 1, 1974. (~or fu2~ text of ~eso~ut~on, see ~esolut~on ~ok No. 39, Page 423.) ~. H~ar~ ~ve~ ~e a~opt~on of ~e Resolution. The ~tion was ~econ~e~ by ~. ~s ~ a~optea by ~e ~o11~ng vote: AYe: Measrs. Gar~d~ ~ard~ Tay~or~ ~s, Trout an~ ~yor Webber ................................. 6. ~YS: None .................. 0. (V~ue-~yor L~sk absent) ~IC~P~ BUI~ING: Cocci1 having ~recte~ the City Atto~ey to~ prepare ~e proper ~as~e au~or~z~g ~e i~su~ce o~ ~ge Order No. 4 to ~e clty's co~tract date~ J~ua~ 3, 19~3, wi~ ~rt~n Brokers Contra=tors~ ~nco~o- rate~, ~or cer~ alterations to ~e city's 3r~ Street, S. W., Building, by pro- vi~ng for reduction of ~e ~t of reta~nage hel~ by ~e city ~r ~e te~ of ~e con~act ~til its full co~let~on, he presente~ s~e; wh~reu~on~ Dr. Taylor offere~ ~e foll~ng ~rg~cy Or~in~ce: (%21623) ~ O~I~ au~or~z~g ~e ~ssu~ce of Ch~ge Or,er NO. 4 to ~e C~ty~s contract ~ate~ J~ 3, 19~3~ wi~ ~rtin Brokers Con~actors~ Inc.~ for certain alterations to ~e c~ty*s 3r~ Street~ S. W., Bu~l~g, by prov~d~g for re~uctlon of ~ ~t of reta~nage hel~ by the c~ty ~der ~e te~ of ~e con~act ~t~l ~ts full co~let~on; an~ prov~ing for ~ ~erg~. (For full text of Or~n~ce~ see O~n~ce B~k No. 39, Page 424.) Dr. Taylor ~ved ~e a~opt~on of ~e Ord~ce. ~e ~on was secon~e~ by ~. Garl~ ~ a~optea by ~e fo11~g vote: A~S: Messrs. Gar~, H~ar~ Taylor~ ~s, ~out ~ Webber .................................6. ~YS: None ................... 0. (Vice-~yor Lisk BUDGET-DIRECTOR OF FINANC~ Council having directed the City Attorney to prepare the proper measure authorizing'the Director of Finance to transfer certain funds of the city to the Clty*s Sewage T~eat~ent Fund certain monies, which shall later be reimbursed by the Sewage T~eatment Fund to the Fund from In this coomectton, the Director of Finance requested that the Ordinance be amended by deleting the follo~ing vords~ 'and all transfers made to be promptly reported to the Council.' Hr. Trout moved that Council concur in the request of the Director Of Finance. The motion was seconded by Hr. Hubard and unanimously adopted. lit. Thomas then offered the following emergency Ordinance, as amended: ($21624) AN ORDINANCE authorizing the Director o£ Finance to transfer from certain funds of the City to the Cltyts Sewage Treatment Fund cer- tain monies, whlch shall later be re~Lmbursed by the Sewage Treatment Fund to the Fund from which such monies are so transferred~ and providing for an (For full text of Ordinance, see Ordinance Book No. 39, Page 425.) was seconded by Hr. Trout ~nd adopted by the following NAYS.* None .................... 0o (Vlce-~ayor Lisk absent) hATER DEPARTHE~T; Council having directed the City Attorney to Title V, Finance, of The Co~e of the City of Roanoke, 1956, ss amended, by the addition of a new section making provision for pa~nent at local banks of the city's periodic'charges for water, sewage treatment and disposal and for following emergency Ordinance.* (%21625) AN ORDINARCE amending Chapter 2. Accounts, Warrants and amended, by addition of a new section making provision for payment at local banks of the city's periodic charges for water, sewage treatment and disposal and for utility taxes on water~ and providing for an amergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 426.) Hr. Hubard moved the adoption of the ordinance. The motion was seconded by Hr. Thomas and adopted by the following vote: Webber ....... -~ ........................... 6. NAYS= None .....................0. (Vice-Mayor ~.isk absent) 245 BUI~ET~ The Director of Finance er]mitred a w~ltten report ~ertify~ng that funds required fOr ~e X974-75 General Fund~ Water Fund~ Sevage T~eat~ent Fufld~ P~anoke Civic Center Fund an~ ~lFport Fund Budgets are or will be available for appropriation. Hr. Trout moved that the report be received and filed. The motion was seconded bY Dr. Taylor and unanimously adopted. Relative to the 1974-?S fiscal year budget, the City Hafleger and the Director of Finance sutmitted a Joint report advising that at its final budget session on Thu~sday~ June 13, 1974~ Council referred to the Director of Finance and the City llanager the matter of accc~plishing the necessary review; deletions and reallocations of funds to provide a balanced budget [or fiscal year 1975~ that a balanced budget is being presented to Council at the present time, that this balancing was accomplished through a series of actions such as reduction of the General Fund budget by $156,000.00, the transfer of $250,000.00 from the Civic Center Capital Fund account to the General Fund and the upgrading of the anticipa~ed revenue accounts through the use of the latest data run information available from the fiscal yea~. 1974 tax receipts. BUDGET: Hr. Trout moved the adoption of the following emergency Ordinance making appropriations from the General Fund of thc City of Roanoke for the fiscal year beginning July l, 1974, and ending Ju~e 30, 1975. The motion failed for lack of a second. Later during the meeting, Hr. Hubard expressed oppositio~, to the ten per cent pay increase for city employees, advising that the City Charter provides that the City Manager shall make such recommendations to the Council and that the City Manager only recommended a seven and one-half per cent pay increase. Mr. Trout th~n offered the following emergency Ordinance making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning July I, 1974, and e_~ding Jane 30, 1975: (J21626) AN ORDINANCE making appropriations from the General Fund of the City Of Roanoke for the fiscal year beginning July l, 1974, and ending June 30, 1975~ and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 428.) Mr, Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following AYES: Messrs. G~rland, Taylor, Thc~as~ Trout and ~ayor Webber ................................ 5. NAYS: Mr. Hubard ...........1. (Vice-Mayor Lisk absent} BUDGET-WATER DEPARTMENT: Mr. Trout offered the fo11~wing omergency Ordinance making appropriations from the Water Fund for the City of Roanoke for the fiscal year begi~nlng July 1, 1974, and ending June 30, 1975: IJ 247 (J21627) AN OI~DIHAHC~ ~tking appropriations from the J~ate~ F~d fo~ ~e C~ o~ ~oke ~o~ ~e f~scal ~e~ begl~g 3uly 1~ 1974~. ~d ~d~g ~e 30~ 19751 ~d decl~g ~e existence of ~ ~zg~. (For full t~t of O~d~n~ce~ see Ogdin~ce ~k Ho. 39~ Page 447.) ~. ~ut ~ved ~e adoption of ~e O~d~ce. ~e ~tion vas seconded by ~. H~d ~d adopted by ~e roll,hq ~te= ~ ~ss~s. 6arl~d, H~ard, Taylo=, ~s, T~out ~YS= H~e ................ 0. (VIce-~yor ~sk absent) ~erg~ O~ce ~k~q a~propria~lons from ~e Se~age T~ea~nt F~d for City cf ~oke for ~e iiscal ~ear ~gi~lag 3uly 1, 19~4, and ending ~e 30, {!~16~8) ~ O~I~CE ~ing appropriatio~s [roa ~e Se~age ~ea~n~ ha for ~e City of ~e for ~e fiscal year beql~g 3uly 1, ~974, and ending ~e 30~ 19~5~ ~d declar~g ~e exis~ence o[ an ~rgen~. IFor lull 2ex~ off O~d~ce, see Ordinate B~k No. 39, Pa~e ~. H~ard ~ed ~e adoption of ~e Ordinate. The ~tion seconded by ~. Trou2 ~d adopted by ~e foll~g vote: A~S~ Hess~s. 6a=l~d, H~ard, Taylor, Th~s, ~¢ou~ ~ebbe~ .................................. 6. ~YSt ~one ....................0. (Vice-~yor Lisk absent) Ordinate ~iag approp~iatlons f~m the Civic C~2er F~d of ~he C~ty for the fiscal year begi~gnq 3u1~ 1, ~974, ~d ~d~g J~e 30, 19~5: (~21629) ~ 0~I~ ~ing a~propriattons f~ ~e Civic Cen~er F~d o~ ~e C~y o[ ~oke for ~e fiscal year begging ~uly l, ~9~4, and ~ding ~e 30, ~9753 ~d declaring ~e exist~ce of ~ ~e~gen~. (For full texk of O~din~ce, see Ord~ce B~k No. 39, Page 451.) ~. T~u~ ~ved ~e adoption of ~e O~d~ce. The ~ion ~as seconded by ~. 6arima ~d adop2ed by ~he foll~g vote: Webbe~ .................................... ~YS:' None .....................0. {Vice-~yor List absent) BU~ET-~ORT~ ~. Trout offered ~e follwlng ~ergency 0~d[n~ce ~ appropriations [r~ ~e H~ic~al ~2 F~d ~oke.for ~e ~iscaZ year be~tnn/n~ ~uly Z, 1~74, ~d endln~ ~e 30, 1975~ (~21630) ~ O~l~ ~klng appropriations from ~e ~1~=2 ~d o~ ~e city of Ro~oke for ~e [iscal ye~ begging ~uly l, 19~4, ~d end~g 3~e 30, 1975~ ~d declar~g ~e exish~ce o[ ~ (For fulZ texk of Ord~ce, see ordinate ~k ~o. 39, rage 453.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the follow~ng vote: AYES: Messrs. Garland~ Hubard~ Taylor~ Thc~ast Trout and Mayor Webber .................................... 6. NAYS: None .....................0. (Vice-Mayor L~sk absent) BUDGET-CITY ~LOYEES-PAY pLAN: Mr. Trout offered the following emergency Ordinance fixing the ann~al ccm~ensation of certain unclassified officials and employees of the city: (~21631) AN ORDINANCE fixing the annual compensation of' certain unclassified officials and employees of the eity~ and providing for an emergency. (For full text Of Ordinance~ see Ordinance Book NO. 39, Page 455.) Mr. Trout moved the adoption Of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garlandw Hubard~ Taylor, Thomast Trout and Mayor Webber .................................. 6. NAYS: None .................... 0. (Vice-Mayor Lisk absent) BUDGET-CITY F.M~LOyEES-PAY PLAN: Mr. Trout Offered the following emergency Ord~nanc~e adopting and providLng a new System of Pay l~ates and l%anges for the employees of the City of Roanoke effective July It 1974: (%21632) AN ORDIZ~{CE to adopt and provide a new System o~ Pay Rates and t~ulges for the e_mployees of the City o£ Roanoke effective July 1, 1974~ and provld~ng for an ~ergency. (For full text Of Ordinance, see Ordlnance Book No. 39, Page 456.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Taylor, Thomas, Trout and Mayor Webber ................................... 5. NAYS: Mr. Hubard ..............1. (Vice-Mayor Lisk absel3t} MOTIONS AND ~S~?,?;~NEOUS BUSINESS: COUNCIL: Mr. Garland moved that Council meet in executive session to discuss a legal matter. The motion was seconded by Mr. Trout and adopted by the followlng vote: AYES: Messrs. Garland, Hubard, Taylor, Thcmuas, Trout and Mayor Webber ...................................... 6. NAYS: None .......................0. (Vice-Mayor Lisk absent) N/~NICIPAL AUDITOR: The City Clerk reported that Mr. William L. Brogan has qualified as Menicipal Auditor of the City o£ Roanoke for a term beginning du~y 1, 1974, a3ld andtng September 30, 1974. Mr. Garland moved that the report be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. 249' OTH~ HEA~NGS OF CITZZ~NS~ NON~. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTESTz Deputy City Clerk Mayor · ;250 COUNCIL; P. EGUIa~R NEETINO, Nonday; July 1; 1974. The CoUncil of ~he City of Roanoke met In regular meeting in ~he CoUncil Chamber In the MUnicipal Building, Nonda¥, July 1, 1974, at 2 p.m., the regular meeting hour; with Mayor Roy L. Webber presiding. PRESENT: Councllme~l Robert A. Garland, William S. Hilbardw Davld K. Llsk, Noel C. Taylor, Hampton W. Thomas, James O, Trout and ~layor Roy L. Webber ............................. ?. ABSENT: None .........................0. OFFICERS pP. ESBNT: Hr. Byron E. Hanerw City Hanager~ Hr. J~mes N. Klncanon, City Attorney~ Hr. H. Be~ Jones, Jr., Assistant City Attorney~ and Hr. A. N. Gibson, Director of Finance. INVOCATION: The meeting was opened with a prayer by Vice-Mayor David K. Lisk. HEA/~NG OF CITIZENS UPON PUBLIC ~tATTERS: NONE. PETITIONS AND CO~4~tUNICATIONS: ~TJVENILE DETENTION HOHE: Copy of a Resolution adopted by the Bath County Board of Supervisors on June 17, 1974, concurrIng with and supporting the City of Roanoke In its efforts to develop a program of outreach detention and a program of reglonal transportation as additional services to be provided by the ~x~anoke Juvonlle Detention Home, and indicating its desire and willingness to make use of the services upon them being ~ade available, was before Council. Hr. Garland moved that the Resolution be received and filed. The ~otion was seconded by Hr. Lisk and unani~nously adopted. ELECTIONS= A communication from Hr. Andrew H. ,Thompson, Chairman, Electoral Board, relative to combining the Riverdale VotIng Precinct and the Garden City Voting Precinct, advising that the Electoral Board felt the No. I1 Fire Station was a more central location between the two precincts than was the Garden City School, was before Council. Hr. Thomas moved that the communication be received and filed. The motion was seconded by Hr. Trout and unanimously adopted. AUDITS-TREASURER= A comuulcatlon from Mr. Joseph S. James, Auditor of Public Accounts, Co~n~onwealth of Virginia, concerning an audit of the accounts and records of Hr. J. H. Johnson, City Treasurer, as related to reyanues collected for the C~mmonwealth for the fiscal year ended Jane 30, 1973, advising that the exa~li~lation disclosed that proper accosting had been mede for all recorded receipts, and that the records had been prepared In an excellent manner, was before council. Hr. Thomas moved that the report be received and filed. The motion was seconded by Hr. Trout and u/la~Lmously adopted. 25~ AUDITS-HUNICIPA~ COURT~ . A co~mmicatio~t from ~. ~oseph S. ~ud~r o~ ~l~c ~cco~t~, c~n~eal~ o~ ~rgin~a, conce~n~ ~ audit oE accosts ~d ~eco~s of ~. ~verly T. Fltzpa~ck, ~ge, N~lcl~l for ~e perl~ of J~ 1, 1973, ~ough ~e 30, 1973, advi~g ~at ~e audi2 d~sclosed ~h full acco~ting had ~ ~de Eot all f~ds of record c~- ~g ~nto ~e ~s2~y of the Co~t~ ~d ~a2 ~e ~eco~s had been p~epared In go~ order~ was ~fo~e ~. ~s ~ved ~a2 ~e ~e~t be received ~d filed. The ~tion ~as seceded b~ ~. ~uh ~d ~usly adopted. At ~lS ~2, Dr. Taylor en~ere~ ~e HOUSING-S~ ~-S~TS ~ ~S: A c~ication ~rom ~. All~ W. S~ples, Atto~ey~ repres~ting ~e City of ~oke ~evelo~nt ~ Housing Au~ority, r~esting ~at certain s~eets, avenues ~ alleys wl~ln or ~r~er~g ~e area of ~e ~t~ Bast Urb~ Renewal Project VA R-42 In the sou~east section of ~e City of ~oke be vacate~, ~lscontlnue~ ~ close~, was before Cocci1. ~. Llsk o~fered ~e following Resolution ap~intlng viewers in co~ection wi~ ~e re.est: (%21633) A ~SOL~ION relating to pe~ent vacation, ~tscontinu~ce ~ closing of ceftin s~reets, argues ~ alleys wi~ln ~e bo~a~ of or ~r~erlng ~e ~t~ East Urb~ R~wal Project VA R-42 o~ ~e City of Ro~oke Re~evelo~t ~ House9 Au~ority as hereafter more fully descrlbea, appo~ting viewers ~ ~e pr~ses, ~ referr~g ~e propos~ closing to ~e City Plying C~ssion. (For full t~t of Resolution, see Resolution Book No. 39, Page 46~.} ~. ~sk move~ the a~optton of ~e ~solution. The ~tion was by ~. Trout ~ a~opte~ by ~e foiling A~S: Messrs. GarliC, H~ar~, Lisk, Taylor, ~o~s, Trout ~ ~yor Weber ............................... ~YS: Hone ............... T ....... 0. ~. Lisk ~en move~ ~at ~e re~est to vacate, ~iscont~ue ~ ulose ~e s~ee~, argues ~ all~ys be refe=re~ to ~e City Planing Co~sslon for study, re~rt ~ reco~datlon to Co.oil. The ~tlon was seconded by ~. Trou~ ~ ~us ly ~PORTS OF OFFI~= CO~L: The City ~ager s~tte~ a written re~rt .advls~g ~at bo~ ~e City. Atto~ey ~ ~e City ~ager re.est ~ executive session to brief ~e ~rs of Co~cll on certa~ ~tters p~d~g in litigatlon. ~. T~ut ~ve~ ~at Co~cil con=~ ~ ~e re.est of ~e City Atto~ey ~ ~e City ~ager. The ~tion was seconde~ by ~. Lisk ~ a~ogte~ by ~e foll~ing vote: 252 AYES: Hessrs. Ga.~land, Hubo~d~ Llsk~ ?aylor~ Web~ .................................... 7. ~YS~ H~e ..................... O. ~. ~ut ~ ~ved ~t ~e ~eting ~ recessed In order that Co~cil ~ght ~et ~ ~ecutive session. ~e ~tion was eeconded by ~. Llsk ~d ~ly adopted. At 2:28 p.m., Co~cil recon~ned wi~ ~yor Weber presiding ~d all B~ET-D~ OF p~LIC ~ The City ~ager s~tted a wr[tt~ re. Et advlslng ~at J~e 30, 1974, therefore~ a budget for ~s p~se was not prepared for fiscal year 1974-75, ~t leases for ~e bulldog housing ~e c~ity f~ o~rat~on ~d ~e parking lot, ~d r~est~g ~ appropriation leases e~re on Dec.er 31, 1974, ~d also ~ appropriation of $600.00 to pay for utilities. ~. Th~s ~ved ~at Co~c[1 conc~ ~n ~e re~rt of ~e City ~ager ~d offered ~e follow~g ~erg~ Ord~ce appropr[at~g $4,140.00 to ~n~ls ~der Section J891, 'Hon-~par~l,= of ~e 1974-75 budget; (J21634) ~ O~I~ to ~nd ~d reor~n Section J891, UNon- ~par~tal, ' of ~ergen~. (For full text o~ o~d~cer see o~d~n~ce ~ok No. 39, Page 465.) seconded by ~. L~sk ~d adopte~ by ~e fo11~g vote= ~yor Webber .................................7. ~YS: None ........................ 0 a ~tt~ re~rt ~ co~ection w~ ~e reh~il~tation of certain areas ~n ~e toulouse for use by ~e ~era[ District Co~t, advis~g ~at estates for ~is reh~ilita~on to~l $9,200.00, ~at if Co~c~l concurs with the acco~lish- n~t of ~is ~rk ~t will Bu[ld~ng accost, since it was not ~vis~oned nor ~cluded in ~e fiscal year 1975 budget. ~. ~s ~ved ~at Co.oil conc~ ~ ~e re~rt of ~e Cit~ ~ager ~d offered ~e foll~inq ~rgen~ Ord~ce appropr[at~n~ $9,200.00 to ~t~ce of BulldOgs, P~perty ~d Eq~p~nt ~der Section J664, 'Buildings ~nt~ce,= of ~e 1974-75 budget: (t21635) ~ OI~DI .I~.CE tO a~end and reorda~n Section t664, ~nt~ce," o~ ~e 1974-~5 ~pprop~at~ Ord~n~ce~ ~d p~oviding for (FOr .f~l t~t of O~d~ce~ see Ord~ce ~k ~o, 39~ Pa~e 466.) ~. ~ma ~ved ~e a~option of ~e O~d~ce. The ~tion seconded by ~. Llsk ~d adopted by ~e foll~ing vote~ A~z Hessrs. Garl~d~ H~ard~ Llsk, Taylor, ~s, ~YS: N~e ....................... 0. V~ ~ P~YG~DS~ The City ~ager s~tted a ~itten re~rt ~n co~eu~on w~ a baske~a~ court const~c~e~ at ~ S~reet ~ ~n ~a~, N. W., as r~este~ by representatives oE ~e Ku~a Center for Blank ~ucat~on~ a~v~s~g ~at ~e lease between ~e Ku~a Cen~er ~or B~auk ~ucat~on ~ ~e 9roperty o~er has e~re~, ~at ~e Ku~a Center for ~lack E~ucat~on no ~onger ex~sts~ ~ ~at ~e baske~all goals will be r~ve~ from ~e property as ~s des~re~ ~y ~e property ~. Garl~ ~ved that ~e re~rt ~ receive~ an~ file~. ~e ~t~on was secon~e~ ~y ~. Th~s ~ ~usly ~lat~ve to ~e ~tter of ~evelop~t of recreational ar~as, Dr. ~ylor re~este~ ~at consideration be g~ven to ~e d~velo~nt oE ~udon Avenue Park as a f~rst pr~or~ty. ~O~ The City ~ager s~tte~ a ~tten re~rt rec~nd~ng ~at Co~c~l ext~ ~e te~ of ~e preset lease for ~ gift shop resta~t concession agre~t, at Roanoke M~c~pal (W~) A~rt ~twe~ ~e c~ty ~ ~r~c~ Motor ~s~ ~nco~rate~, exp~rlng on DecOr 31, 19~6, for ~ additional five year (For Eu11 text, see re~rt as ~ile~ ~n ~e City Clerk's O~f~ce.) ~. Trout ~ve~ ~at Co~ci~ conc~ ~n ~e reco~endat~on of ~e C~ty ~ager ~d ~a~ ~ fo~g Or~n~ce be ~ace~ upon its f~rst rea~g: (%21636) ~ O~I~ au~or~z~g ~ prov~ng for ~ ~en~nt to ~e City's ~ase ~ Concession Agre~t date~ Dec,er 28~ 19~1, as ass~e~ by W. L. Hag~, Sr., ~ W. L. Hago~ Jr., ~y wr~tt~ ~nst~t ~ate~ ~rch 22~ 1974~ to ~r~c~ ~tor I~s, Inco~orate~, for ~e operation oE ~ c~ty~s p~c ~es~t, reta~ g~ft shop ~ v~d~g ~=h~nes ~ the Te~na~ Building at Ro~oke M~ic~pal ~rt, ~n Ro~oke Co~ty~ by extending ~e te~ of sa~ assi~ed agre~t, for ~ a~tional te~ of five (5) ye~s. {For ~ull text of Or~n~ce, see Or~ce ~ok No. 39, Pag~ 4~4.) ~e ~t~on was secon~e~ ~y ~. L~sk ~ a~opte~ by ~e foll~ng vote= AY~ Messrs..GarliC, H~a~ L~sk~ Taylor, Th~s~ Trout ~d ~yor Weber ......................T ...... T ....... 7 · ~YS ~ None ......................0. 253 25;4: CQHPL~INTS-MOUSING-SLUH ~CEI The City Hanager sub. fred a ~ltt~ re~t ~ c~ec~lon ~i~ a c~lcatl~ f~ ~e No~es2 Neig~h~ ~l~ce regarding t~ ~2~ ho~es a2 627 ~d 632 Harrison Avenue~ advising ~2 a c~tract ~s be~ let for r~val ~ a razing pe~t has ~en issued for d~llt~ of ~e ~esidence ah 627 Harrison Avenue~ N. W., that ~e ad. ess of 632 ~s~ Av~ue Is ~ e~neous address~ h~ver, ~e building at 630 ~rzison Argue, N. H., ~hich ~s ~lieved to ~ ~e one alluded to~ has been cond~ed ~d ~e ~pa~nt of Buildings ~s in negotiations for a raz~g con- ~. ~s ~ved 2~t the re~t be receive~ ~d filed. The ~tion was seconded by Dr. Taylor ~d ~usly adopted. B~ET~S-~O~S A~= The C~ty ~nager s~tte~ a ~tt~ re~rt re~est~g ~at he be au~or~zed to execute ~e appropriate for accept~ce of a gr~t approved by ~e Division of 3ustice ~d Cr~e Prev~on for f~ds to provide ~a~ing for ~ Assist~t Co~nweal~s Atto~ey (a S~nar on ~ial Tactics~ conducted by ~e National College District Atto~eys at Boston, ~ssachusetts) ~d to provide ~e Co~nweal~s Atto~ey~s Office wi~ a set of 17 cassettes ~d two cassette players dealing wi~ Trial Tactics, ~d requesting ~at $543.00 be appropriated to ~is grant accost. Dr. Taylor ~ved ~at ~o~cil conc~ ~ ~e report of ~e City ~ager ~d offered ~e fo11~g ~rgen~ 0rdin~ce appropriating $28.00 to ~cal Cash ~tch ~er' Sec~on %22, ' C~nwealth~s Attorney,' of ~e 1974-75 budget: {[2163~) ~ 0~I~ to ~nd ~d reordain Section S22,' 'C~on- wealths Atto~ey,' of ~e 1974-75 Appropriation Ord~ce, and providing for an (For full text of Ord~ce, see 0rd~ce Book No. 39, Page 466.} Dr. Taylor moved ~e adoption of ~e Ordin~ce. The ~tlon was seconde~ by ~. ~s ~d adopted by ~e foll~g vote: A~: Messrs. Garl~d~ H~ard~ Lisk~ Taylor, Th~s, Trout ~d ~yor Webber ............................... ~YS = None ......................0. Dr. Taylor offered ~e foll~ing ~rg~ Ord~ce appropriating $543.00 to ~avel ~d Education ~der Sec~on %910, 'Gr~t [~3-~305, Training of Co~nweal~s Atto~ey Perso~el,' off ~e 1974-75 budget= (~21638} ~ 0~I~ to appropriate to ~e City of Ro~oke~s Gr~t Progr~ Accost, ~d provid~g for ~ ~rgen~. (For full t~t o[ Ord~ce, see Ordin~ca ~k No. 39, Page 467.) Dr. Taylor ~ved ~e adoption of ~e Ord~ce. ~e ~tion was seconded by ~. ~out ~d adopted by ~e foll~ing vote: 255 AYESI Messrs. Garland, Hubard, I,lsk, Taylor, 'l~flomas, ~out ~yor W~r ............................. ~YS ~ N~e .......................0. Dr. Taylor ~ offered ~e foll~g ~so~ution authorizing accep~ce, exertion ~d f~l~g of ~e gr~tz ([21639) A ~ION au~or~z~g ~e accept~ce~ execut~onv ~d f~l~ng of ~e 'S~cial C~dit~ for ~t~on Gr~t Awards' w[~ ~e D~vision of Justice ~d ~ Prevention for ~ action gr~t of ~ederal f~ds to provide additional tra~n~g for ~ ~sist~t Co~nweal~ls Atto~ey seventeen (1~) uassettes deal~g w~ ~ial Tactics ~d two (2) cassette players for ~e Off,ce of ~e C~nweal~s Atto~ey of ~e c~ty. (For full text of Resolution, see ~solution ~k No. 39, Page 467.) Dr. Taylor ~ved ~e adoption of ~e ~solution. The ~t~on was seconded by ~. ~ut ~d adopted by ~e roll,lng A~S~ Messrs. Garl~d~ H~ard~ L[sk, Taylor~ ~s~ Trout ~yor Webber .................................. ~YS= N~e ......................... 0. ~ D~= The City ~ager s~tted a written re~rt ~nc~rSng ~ ~e rec~dation of a c~ttee ~at ~e bid o~ Allied Ch~cal Co~rat$on for f~lshlng ~d del~vering to ~e city during fiscal year 1974-75 approx~tely 250 tons of st~dard gro~d al~ for use in water purifi- cation, in ~e ~t of $103.10 per ton, be accepted. ~. Th~s ~ved ~at Co~cil conu~ ~n ~e rec~endation of the City ~ager ~d ~e c~ttee ~d offered ~e foll~$ng ~rgency (%21640) ~ 0~IN~ au~or~z~g ~e p~chase st~dard gro~d al~ for ~e city*s Water Depar~t for ~ peri~ begi~ing 3uly 1, 1974, ~d ~d~g J~e 30, 19~5~ upon certain te~ ~d provisions, by accept~g a certa~ hsd ~de to ~e c$ty~ rejecting certa~ o~er bids~ ~d pro- vid~g for ~ (For ~ull text of Ord[n~ce, see O~[n~ce ~k No. 39, Page 468.} ~. Th~s ~ved ~e adoption o~ ~e Ord~ce. The ~tion was se~nded by ~. T~ut ~d adopted by ~e foll~$ng vote= A~S: Messrs. G~l~d, H~ard, ~sk, Taylor~ ~yor Webber ................................ ~YS ~ None .......................0. ~R D~-S~ ~ S~ D~NS: The C~ty ~ager s~tted a ~itt~ re~rt conc~rtng ~ ~e reco~--dation of a co--tree that all bids receiv~ for supply~g ~e city w~ li~id chlor~e for ~e Water ~par~t ~e Se~ge ~ea~t Pl~t for ~e per[~ of July 2, 19~4, ~rough J~e 30, 1975, be rejected~ h~ever, since one of ~e ~ bidders, Suffolk ~cal Co.any, Incorporated, vas the supplier of llquid chlorine for the fiscal year 1973-74 that the clty notify Bald Company of lts Intent to purchase on an Indlvldua basis chlorine from said company for the perlod of July 2, 1974, through June 30, 1975, beginning Lvnnedlately at the quoted price of $19.00 per c~t. for 150 pound cylinders and $12.00 per cwt. for 2t000 pound cylinders. Mr. Thomas moved that Council concur ~n the recommendation.of the City Hanager and the cozmnittee and offered the following Resolution: (121641) A P~SOLUTION rejecting all bids received for the purchase of the clty~s annual supply of liquid chlorine for the Water Department and the Sewage Treatment Plant. (For full text of Resolution, see Resolution Book NO. 39, Page 470.) Mr. Thomas moved the adoption of the Resolution. The motion was seconded by. Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomast Trout and Hayor Webber ................................... NAYS = No~e .......................... 0. REPORTS OF CO~/TTEES: BUSES: Mr. Garland, chairma~ of the Transportation Study Coronettes, submitted a written report transmitting a Resolution which would authorize the Manager, the clty Attorney and the Director Of Flnence to make an application to the State Corporation Com~dssion by means of filing of artlcles of incorporation for the issuance of a Charter to establish a Greater Roanoke Transit Company as a publlc service company for providing mess tra~sportation servlces to the Greater Roanoke Valley, and reconnnending adoptlon thereof. Mr. Garland moved that Council concur in the report of the committee and o£fered the following Resolutlon: (121642) A RESOLUTION authorizing and providing for the fll~ng of articles of incorporation, under Chapter 1 of Tltle 13.1 of the code of Virginia, as amended, for creatlon of a public service corporation for the purpose of providing mess transportation service for the greater 'Roanoke Valley. {For full text of Resolution, see Rosolutlon Book No. 39, Page 470.} Mr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Thomas a~d adopted by the following vote= AYES: Messrs. Garland, Rubard~ Llsk, Taylor, Thomas, Trout and Mayor Webber .................................... ?. NAYS: None .................... 0. UNFINISHED BUSINESS: · STADIUM: Councll at lts last regular ~eting, havlng deferred action on a report of a co~ttee appointed to tabulate blds which were received for the remodeling of a portlon of the west stands at Victory Stadium, the committee recommending that the proposal of Southwest Construction, Incorporated, in the amount of $42,200.00, be accepted, and that necessary funds in amount of $12,200.00 be allocated from the 1974-75 budget and added to 257 G30,O00.O0 .~ the 1973-74 budget in o~der to provide aufficient funds for ~he p~o~Ject, the mat~e~ was aga~ before ~e ~e budga~ ~$~lon, relative ~o ~e re~=t having b~ .o~k.d ~ut, ~. ~out offered ~e ioli~ln~ ~r~en~ Ordln~ce approp~latln~ $30,000.00 to ~ten~ce of B~ld~gs, P~ty ~d E~l~nt ~de~ Section t64, "Buildings ~lnten~ce~' o~ ~e 1974-75 budget~ ([21643) ~ O~I~ to ~nd ~d reordain Sectl~ [664~ 'Buildings ~lnten~ce~' of ~e 1974-75 App=oprlati~ Ordin~ce~ ~d provid~g for ~ (For full text of Ord~ce, see Ordin~ce ~ok No. 39, Page ~. ~out ~ved ~e adoption of ~e Ordinate. The ~ti°n seconded by ~.'H~rd and adopted by ~e roll,lng A~S~ Hess=s. Garl~d~ H~ard~ Llsk~ Taylor, Th~s, ~out and ~yor ~eb~r ............. ~ .................. ~YS ~ Hone .......................0. ~. ~u2 ~en offered ~e follo~9 ~rq~ Ordtn~ce accept~9 ~e proposal o~ Sou~es~ Cons~c~ton, Inco~aked~ (~21644) ~ O~I~ accept~g a certain bid ~d avardin9 a ce=rain contract for r~el~g a ~=tion of ~e ~est s~ds at Vlcto~ Stadia, u~n ce=~in te~ ~d conditlonsI ~d providing for ~ ~gency. (For iull text of O~din~ce, see Ordin~ce B~k No. 39, Page 472.) ~. ~out ~ved ~e adoption of ~e Ordin~ce. ~e ~o~lon seconded by ~. ~o~s ~d adopted by ~e foll~g AYe: Hass~s. Garl~d, H~a~d, Bisk~ Taylor~ ~s, Trou~ and Webber ...................................... 7. ~YS: None ........................0. CONSID~TION OF ~ I~RODU~ION ~ CONSIDE~TXOH OF O~I~S ~D ~SOLUTIONS: P~SIONS: Co~cil having directed ~e City AttomeY to prepare p~oper meas~e ~d~g Sec. 7. B~efits~ o[ ~ap~e~ 1~ ~neral Provlsiens, Title Ill. P~sions ~d Retir~k~ oE 'The C~e of ~e City of Ro~oke, 1956, as ~ended, by ~e addition o~ a ne~ s~sec~ion, to be n~ed (23), providing for cer~ suppl--:al bmeil~s ~der ~e ~ployee~~ ~ir~nt Syst~ to persons receiv~g b~efits ~der said Syst~ as of July 1, 1974, and assuring cef- tin ~ benefits to m~er~ of said syst~ vho, on a~e 30, 1974, are elig~le for retir~2~ he presented s~ vhereupon, ~. Trout offered ~e ffollovlng ~rg~ Ord~ce= (~21645) ~ O~l~ ~d~g Sec. 7. S~efits~ of Chapter l~ Provisions, Title III. Pmsions ad Retirmt oi The C~e o[ ~e City oi ~oke, 1956, as ~ded, by ~e addition oi a ne~ s~section, to be n~ered (23), p~ovidlng for certain supplmuental benefits under the Enployees' Rehirenent Systmn to certain persons receiv~ng benefits under said System as of July 1, 1974, and assuring certain m~nl_~mm benefits to 'MM~rS OE said System who, on June 30~ 1974, are eligible for retirement! and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 39~ Page 473.) Mr. Trout ~oved the adoption oE the Ordinance. The motion was seconded by Mr. Lisk and adopted by the follow~g voter AYES: Messrs. Garland~ Hubard~ L~sk, Taylor, Thomas, Trout and Mayor Webber ................................. NAYS: None ........................0. MOTIONS AND ~S~T.T~E(~JS BUSINESS.' INTEGRATION-SEGItEGATION: Mayor Webber called to the attention of Council that the one year term of Mr. Joseph M. Wars as a member of the Fair Employment Practices Committee will expire on July 1, 1974, and called for nom~nations to fill the vacancy. Mr. Thomas placed ~n nom~nation the name of Mr. Joseph M. Wars. There being no further nom~nattons, Mr. Joseph M. Wars was reelected as a me~nber of the Fair E~ploym~nt Practices Committee for a term of one year end~g July 1, 1975, by the following vote: FOR ~. WARS: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor W~bber ........................... ?. ROANOKE. ~.ITY ANTS ~.O~I.~,qlON: Mayor Webber called to the attention of Council that the one year term of Mr. W. L. Whitwell as a member of the Roanoke City Arts comm/ssion will expire on July 1, 1974, and called for nominations to fill the vacancy. Mr. Thomas placed in nomination the name of Mr. W. L. Whitwell. There being no further nom~nattons, Mr. W. L. Whitwell was reelected as a member of the Roanoke City Arts Comm/ssion for a term of one year ending July 1, 1975, by the following vote: FOR ~R. WHITWELL: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ........................ pAi~KS AND PLAYGROUNDS: Mayor Webber called to the attention of Councl! that the one year term of Mr. Frank B. Mundy as a member of the Roanoke Transportation Museum committee will expire on July 1, 1974, and called for nominations to fill the vacancy. Mr. Th~nas placed in nomination the name of Mr. Frank B. Mundy. There being no further nominations, Mr. Frank B. Mundy was reelected as a member of the Roanoke Transportation Museum Committee for a term of one year e~ding July 1, 1975, by the following vote: ~OR MR. MUNDY: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. 7. r259 BOUSING-SL~H CLRARA~s Hayer webber called to ~e attention ~c&~ ~ ~e ~o ~e~ te~ o~ ~, ~a~e~ N, Dalhouse asa ~er o~ Ho~lng Task Force C~t2ee vlll e~lre on ~uly 1, 1974, ~d called for n~na21ons to,fill ~e ~* ~S placed ~ n~at~ ~o n~ of ~. Wa~er N. Da~ouse. ~ere ~g no ~er n~at~s~ ~. Wa~er N. Dalhouse was reelect~ as a ~m~r of ~e Housing ~sk Force C~ttee for a te~ of one year end~g July 1, 19~5~ by ~e foll~g ~ta:: FOR ~. ~OUSE: Messra. Garl~d, H~fl, ~isk, Taylor, ~out ~d ~yor Weber ........................ P~ ~ P~YGRO~S: ~yor W~b~r calle~ to ~e attention Co~cil ~at ~e ~e year te~ of ~s. J~s R. Alvis, Jr., ~d ~. ~arles N. Fre~ as m~m~ers of ~e ~11 ~tain ~velop~nt C~ttee will e~ire on July 1, 1974, ~d called for n~ations to fill ~e vac~cies. ~. ~s placed ~ n~natfon ~e n~s o~ ~s. J~es R. Alvls, ~d ~. ~arles N. Fre~. ~ere berg no fur~er no. nations, ~s. J~s R. Alvls, Jr., ~. ~arles N. Fre~ were reelected as ~rs of ~e Hill Ho~tafn ~velop~nt Co. tree for te~ of one year each ending July 1, 1975, by ~e following vote = FOR ~. ~VIS ~D MR. F~= Ilessrs. Garl~d, H~ard, Lisk, Taylor, ~s, T~ut ~d ~yor W~ber .................... FI~ DEP~: The City Cl~k reported ~at ~. Wilfred C. Tra~h~ has ~alfffed as a m~er of ~e Board of Fire Appeals for a rem of four years ~gi~g July 1~ 1974. ~. Th~s ~ved ~at ~e report be received and filed. ~e motion was seconded by ~. Lisk ~d ~usly adopted. ~ ~OV~: ~. Trout ~ved ~at ~e meeting be recessed ~d ~at meet ~ exe~ve sessfo~ to discuss a real estate ~tter. ~e ~tion was seconded by ~. Lisk ~d adopted by ~e roll.lng vote: AYES: Hessrs. Garl~d, H~ard, Lisk, Taylor, Th~s, Trout ~yor W~r .................................... 7. ~YS: None ........................... 0. At 3=00 p.m., Co~cil reconv~ed wi~ all sev~ m~mBers preset ~yor Webber presfd~g. ~. Trout advised ~at ~e City of ~oke has officially received a pe~t fr~ ~e B~eau of Solid Waste ~d Vector Control, ~par~ent of to operate a regional s~fta~ l~dfill on ~e M. S. Th~s property ~d ~ved ~at ~e pe~t ~ received ~d filed ~d ~at ~e ~yor be re~ested to appoint ~ee repres~tives fr~ ~e City of ~oke to ~e ~oke Valley Regional Solid Waste Disposal ~ard to work wi~ repres~tatives fr~ ~e City of Sal~, l~oanoke County and the To~n o£ V~.ton, said Board to adm~nister the operation of the regional landfill, The ~otlon wss seconded by H~o I~.sk and unanimously adopted, Mayor Webber appointed the City Manager for a term o~ four years~ the Director of F~nance for a tern of two ~faars~ and Mr. Paul C. BBford for a term of o~a year as City of Roanoke representatives to the l~oanoke Valley Regional Solid Waste Disposal Board. OTHER H~NGS OF C~TIZENS~ NONE. There being no further bus~ness~ Mayor Webber declared the meeting adjourned. APPROVED c--,..~ 4- Doputy City clerk Mayor Nonday, ~uly 8, 1974[ ~e Council of t~e City of Roanoke met in regular meeting in Co~cil Char ~ ~e ~lclpal Bulldinq, ~da~, Oul~ 8, 1974, at 2 ~e re~lar ~et~g ho~, ~i~ ~yor ~ 5. ~r presiding. P~ Co~c~l~n ~t A. G~I~, ~liil~ S. H~azd, David Llsk, Noel C. Taylor, H~ ~.' ~ ~arr[ved late~, ~s O. Trout ~d ~yor ~y L. We~r ............................... [ ........ 7. ~S~ None .............................. 0. O~C~ P~: ~. Byron E. H~e~ C~ty ~ager~ ~. J~es N. Klnc~on, C~ty Atto~ey~ ~. ~. B~ Jones, Jr., ~s~stant C~ty Atto~eyj and ~. A. N. G~bson, D~rector OE F~ce. Z~TZON= The mee~g was o~ened wl~ a prayer by ~e Reverend Forrest S. Wagoner, Paster, ~n~ty Un~te~ ~st ~ch. Ml~t Copy of ~e ~nutes of ~e regular ~etlng held on J~e 24, 1974, ~ ~e re~lar meeting held on ~nday, July 1, 1974, hav~ng be~ f~[shed_each ~r of Co,cJI, on ~2~on o~ ~. Trout~ seconded by Ltsk ~d ~usly adopted, ~e reading ~ereof was dispensed wi~ ~ the m~nutes approved as recorde~. ~ OF CI~S ~N P~C ~: NO~. P~ONS ~ ~I~TIONS: FI~ D~: A c~cat[on fr~ ~. Billy N. ~ers, President, ~oke F~re F~ghters ~soc[at[on, re~est~g ~at ~e Director of F[n~ce all~ to deduct ~n~ly dues Er~ ~e paychecks of ~e m~ers of the ~oke F~re Fighters ~soc~at~on ~d ~il ~e duee to ~e ~soc~ations~ ~easurer eider bi-~n~ly or ~n~ly, was before Cocci1. ~. ~out ~ved ~at ~e ~ter b~ referred to ~e Director of F~n~ce fo~ study, re~rt ~d rec~dat~on to Co~c~l. The ~t[on was ~econdea by Dr. Taylor ~d ~usly adopted. S~S ~ ~S: ~ a~l[cation from ~. Philip H. ~n, Atto~ey, repres~t~q ~. ~nd J. Fox, re~est~g ~t a portion of ~olfe Street, S. W., ~ ~e alleys ~ sepals of alleys which are sho~' on ~e ~p of Section 1, ~ta~ V~ew Terrace Addit~on~ be vacated, d~scontinued and closed, was Before Dr. Taylor Offerea ~e follow~g Resolution appolnt[ng viewers ~n co~ect[on wi~ ~ re~est: (%21646) A ~SOL~ION provid~g ~or ~e appo[n~nt of five free- ho~ders~ ~y ~ee of wh~ ~y act, as viewers ~n co,ear,on w~ ~e applica- tion oE ~nd J. Fox to pe~ently vacate~ disuont~ue ~ close a port~on 261 of ~olfe Street, $. W., and alleys and aeqmente o£ allays which are shown on the Map of Section 1, Mountain View Terrace A~ditlun and are more specifically described below. (For full text of Resolution, see Resolution Book No. 39, Page 476.) Dr. Taylor moved the adoption of the Resolution. The motion vas seconded by Hr. Trout and adopted by the following votes AYES: Masers. Garland, Nubard, Lisk, Taylort T~out and Mayor Webber ................................ 6 o NAYS: None .................0o (Hr. Thomas had not arrived) Hr. T~out moved that the request be referred to the city Planning ec~nission for study, report and recommendation to Council. The motion was seconded by Hr. Lisk and unanimously sdopted. At this point, Hr. Thc~as entered the meeting. ~EPORTS OP OFFICERS: BUDGET-HATER DEPARTMeNT-SEWERS AND STOP~ DRAINS-AUDITORIUM-COLISEUM- AIRPORT: The City lianager and the Director of Finance submitted a ~oint report advising that in accordance with recommendations made by the auditing firm of Peat, Marwickw Mitchell & Company, certain encumbrances in the enterprise funds have expired, also, certain ftulde appropriated in the 1973-74 general and enterprise funds budgets have not been obligated, that none of these funds could be carried over, except by reapproprlatlon, as this would violate guide- line reco~nendation~ o£ the Natlonal Cctv/tree on Governmental Accounting and further advlslng that it will be necessary that certain of these funds be reappropriated for various purposes. Hr. Trout moved that Council concur in the ~oint report of the City Manager and the Director of Finance and of£ered the followlng emergency Ordinance amending and reordaining the following sections of the 1974-75 budget, viz.: Circuit Court, Parks and Recreation, Juvenile Home, Buildings Maintenance, Street Maintenance, Street Lighting, Motorized Vehicle Malntunancet Engineering and Building Inspection, a~d Transfers to Capital Improvements Fund: (%21647) AN ORDINANCE to amend and reordain certain sections o£ the 1974-75 Approprtat~on Ordinance, and providing for an emergency. [For full t~xt of Ordinance, see OrdLnance Book NO. 39, Page 477.) Hr. Trout reeved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following votes AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayor Webber .............................. ?. NAYS: None ..................... 0. ~r, Llsk o£fered the £ollovlng e~erqency OrdinanCe providinq for total appropriation o~ $428,838;46 tO "Ca~tal ~tla~ ~ ~vefiue~' ~der Section 1450j of ~e 1974-75 ~t F~d ~proprlat~ O~d~n~ce~ (121648) ~ O~I~ to ~nd ~d reordain Sec2~on 1450, ~tlay fr~ Rev~ue,' of ~e 19~4-75 ~t ~d Appropriation Ordin~ce, p~vlding for an {For /ull text oi O~ce~ see Oriln~ce ~k ~o. 19~ Paqe ~. Lisk ~ved ~e adoption of ~e Ordinmce. Fha ~ion ~as aeconded by ~. ~s ~d adopted by ~e follo~ln~ AYe= Hessrs. ~arl~d~ H~a=d, Lisk, Taylor, Th~s, T=out ~d ~yor ~e~e= .............................. ~_~. ~YS ~ None ....................... 0. ~. ~s offered ~e roll,hq ~pency O~ce approp~iatln ~1~000.00 to 1 ~btle ~ee~r ~der Section [450, 'Capital ~tlay from Revenue,' Of ~e 19~4-~5 Civic Cmter F~d Appropriation (~216491 ~ O~I~CE to ~n~ ~d reorda~ Section %450, 'Capital . ~tlay fr~ Revenue,' of the 19~4-~5 Civic Center F~d Appropria~ion Ordinmce, ~d provldln9 for an ~r~en~. (For full text Off O~tnuce, see O~lnace B~k No. ]9~ Page ~. ~s ~ved ~e adoption of ~e Ord~ce. The ~tion was seconae4 by ~. ~out ~d a4opte4 by the foll~inq AYe: Messrs. Garl~d~ H~ard, Lisk, Taylor, Th~s, Trout ad ~yor Webber ................................. ~YS= None ........................ 0. ~. ~s offered ~e foll~9 ~ergen~ Ord~ce appropriatin $4,981.81 to ~ht~ace of Build~ps, Property ~d Equipmnt ~der ~ection ~260, '~in~ Stations t Tas,' ad, also appropriatin~ a total of $41,844.4~ to 'Capital ~tlay f~ Rev~ue,' ~der Section i450 of ~i 1974-75 Water Appropria~ion Ordln~ce ~ (~216501 ~ O~I~ to ~nd ~d =eordain certain sections of ~e Water ~pa=~ent 19~4-75 Appropriation O~inuce, afl providlnq for an (For full tut of O~ce, see O~inuce bok ~o. 39, Page 480.) ~. ~s ~ved ~e adoption oi ~e Ord~ce. ~e ~tion was se~nded by Dr. Taylor ud adopted by ~e followln9 vote: AYe= Messrs. G~l~d, H~d, Lisk, Taylor, ~oms, Trout ~d ~yor Weber ................................. ~YS ~ None ....................... 0. 263! ~r. Trout offered the following emergency ordinance appropriating a total of $14,826.29 to '~mt-ts~rative & Operating,'.under Section and, also appropriating a total of $121,451o83 to 'Capital Outlay from ~venue,' under Section [450, of the 1974-75 ~lrport Fund ~ppropriation Ordinance: ([21651) AN ORDINanCE to amend and reordsin certain sections of the P~lrport Fund 1974-75 Appropriation ordinance, and providing for an emergency. (For full te~t of Ordinance, see Ordinance Book Ho, 39, Page 481.) Hr. Trout moved the adoption of the O~dinance. The motion was seconded by lit. Lick and adopted by the follo~ing vote: AYES: Messrs. Garland, Nubard, Lisk, Taylor, Thomas, Trout alid Mayor Webber ................................... 7. NAYS: None ..........................0. Dr. Taylor Offered the following emergency Ordinance appropriating a total of $8,037o31 to eA~I~lnistrative Fd~p~nses,' under Section [440, $689.99 to 'Promotional Exit-rises,' under Section [445 and $2,300.78 to eCapital Outlay from l{evenue,' under Section 4450 of the 1974-75 Civic Center Fund Appropriation 0r~inance: ([21652} AN ORDINANCE to amend and reordain certain sections of the Civic Center Fund I974-75 Appropriation Ordinance, and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 482.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and ~dopted by the £ollowing vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ..................................... NAYS: None ............................0. Mr. Thomas offered the following ~ergency Ordinance appropriating e total of $27,787.75 to 'A~ministrative and Operating E~nses,' under Section %90 and, also, appropriating a total of $20~657,908.00 to 'CI~ Bonds,' under Section [550 of t~e 1974-75 Sewage Treatment Fund Appropriation Ordinance: ([21653) AN ORDINANCE to amend and reordain certain sections of the Sewage Treatment Fund 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 483.) Hr. Thomas moved the adoption of the Ordinance, The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, ~.isk, Taylor, Thomas, Trout and Mayor Webber ................................... 7. NAYS: None ..........................0. 265 1~ Tho~ae offerbd the ~ollow:tng emergency Ordin~ce approprla~g ko "Hater PurificatiOn' ~deg'Secbl~ ~280~ $702.12 ~o 'G~eral ~ense~" ~der Secblon ~3~0;' ~98~319.i1' ~o "CaPl~l ~blay f~ ~venue~' ~deg Secblon ~450~ ~d ~383.00 ~0 'C~P ~nds~" ~de~ Section ~550 of ~e 1974-75 ~a~e~ ~d ~prop=~ab~on (~21654) ~ 0~I~ ~o ~n~ ~ geog~a~ cegbaLn secbions ~e ~a~e; ~ 1974-75 Xpp;op=ta~ion O~ce~ ~d provldin9 fog ~ (Fog fall ~ext o[ O;~Ln~ce~ see O~ce ~k No. 39,' Page 484.) ~. ~s ~ved ~e adopbl°n o~ ~e Ogd~n~ce. ~e ~blon A~ Messrs. G~l~d, H~ard~ L~sk~ Taylor~ ~s~ Trout and ~yor Weber ...................................~. ~YS = None ..................... 0. BU~ET-STA~ H~G~AYS~ The C~ty ~ager s~itte~ a ~tten re~rt ~n ¢o~ect~on w~ ~e relocation o~ State Route 118~ ~ort Roaa at Hers~erger ~ W~l~on Roa~s, N. W., a~v~s~ng ~t ~e est~ted =ost of ~s project $1,000,000.~0 ~ w~11 be f~e~ 85% by ~e~eral ~ state f~s ~ ~5% by city f~s, ~ rec~ng ~at $90,0~.0~ be ~ansferre~ from Pro~ect 99391, Replac~t of Bridges on Sh~oah Argue ~a ~e Ro~oke Sal~ ~rnp~ke over Peters Cree~, N. W. ~ to ~e Route 118 Project. ~. Trout ~ve~ ~at Co~c~l concur ~n the re~rt of the C~ty ~ager ~d offerea ~e follow~g ~rgen~ (~216~5) ~ O~Z~ to ~a ~ reorda~ Section %889, 'Tr~sfers to Ca~taZ ~prov~ts ~d,~ of ~e 1974-7~ A~pro~r~a~on Ora~n~ce, an~ prov~a~g ~or ~ ~rg~. (For ful~ text of Oral,ce, see Or~n~ce B~k No. 39, Page 485.) ~. Trout move~ ~e adoption of ~e Ord~n~ue. The ~t~on was secon~ea by' ~. L~sk ~ a~opte~ by the foll~ng A~S= ~ssrs. Garl~a,'H~ar~ L~sk, Taylor~ Th~s~ Trout an~ ~yor Weber .................................~. ~YS = None .....- .................. 0. B~ET-~R DE~= The City ~ager s~tte~ a ~tten re~rt reco~d~g ~e-a~opt~on of Ch~ge O~er No. i to ~e c~ty~s con~ract w~ Brock ~ DaV~S C~y, Zn~o~orate~, for ~e cons~ct~on of chlorination facil~t~es at ~e C~s Cove Filter Pl~t, ~ ~e ~t o~ $600.00, ch~ge order to consist of ~e r~val of ~ exist~g w~dow ~twe~ ~e ex, stag ~ ~e new ch~or~at~on ~oom ~a cer~ br~ck ch~ges. Mr. Thomae moved .that Council concur ~n the recom~endation of. the City Manager and offered the following emergency Ordinance appropriating $600.00 to Carvins Cove Filter Plant Addition under Section ~450~ 'Water - Capital Outlay fro~ Revenue,' o£ the 1974-75 Water Fund Appropriation Ordinange: ([21656) AN OI~DINANCE to amend and reordeLu Section i450, 'Water - Capita! Outlay from Revenue,' of the 1974-75 Water Fund Appropriation Ordinance, end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 486.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout end adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout end Mayor Webber .................................. 7. NAYS: None .........................0. BUDGET-GRANTS-pAI~KS A~D PLAYGROUNDS= The Cit_y J~aaager submitted a written report requesting authority to accept an Urban Incentive Assistance Grant, in the amount of $12,000.00~ to provide funds for the assignment of a person to the Office of Civic Enrichment, the responsibilities of said p~rson to be researching for federal end state grants, gathering and collating data necessary to develop effective Neighborhood Councils and such other tasks that would implement the ongoing civic enrichment program of the city. Dr. Taylor moved that Council concur in the re~ort of the City Manager and offered the following emergency Ordinance appropriating $12,000.00 to Sectlon %915, 'Grants, Urban Incentive Assistance Grant for the Off[ce of Civic Enrichment,' of the 1974-?S budget: {$21657) A_N oanlmu~cE to amend and reordaln Section .$915, 'Grants, Urban Incentive Assistance Grant for the Office of Civic Enrichment,' of the 1974-?S Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. ~9, Page 486.) Dr. Taylor moved the adoption of the OrdJ.nance. The motion was seconded by Mr. Hubard a~d adopted by the following vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... 7. NAYS= None .......... ~ ................ 0. PARKS AND PLAYGI~OUNDS: The City Manager submitted a writtea~ report in Confection with desiquating Wiley Drive as a demonstration bicycle way and the expenditure of such monies as may be required to adequately convey this designation, advising that the proposal of the City Plan~ng Co~kission that Council designate Wiley Drive as a demonstration bicycle way and that the Drive have a posted maximum speed of 15 MPH has been reviewed by the Traffic Depart- me~t, that the signing Of the Drive as a bicycle way and the changing of the speed l~un~t are within the current capabilities of the city's forces and recom- mending that CoUncil concur ~n this action. Hr. ~out ~°ved tl~b Council concur In ~he repor~ o~ ~he City ~anager, ~e ~o~lon ~"sec°nded ~ ~. H~ard ~ ~usly a~opted, ~itt~ ~e~ advising'of recaip~ of ~ applic~ fr~ a grad~te In Civil ~glneering for'~e {acer ~sltl~ of Draft~ ~, ~at ~lS ~sitia i~ Grado la in ~e pay schedule ~d it has be~ f~ded for steP' 6~ reC~nd~g ~t Co.cji au~orize ~e City ~aqe~ to ~loy ~is applic~ at Grade 18, Step 6~ in ~e Pay Plm since ~e ~clusion of a grad~te Civil ~gineer should st~g~n ~e Drafting ~par~nt tr~ndous- ~. ~out ~ved that ~o~cil conc~ in ~e re~rt of ~e City The ~tion ~as seconded by ~. Lisk md ~usly adopted. M~ORT: The City ~ager S~tted a ~ltt~ r~rt re~esting that he be a~orize~ to execute on behalf of ~e city a certain se~lce contract ~tween ~e city ~d ~e Federal Aviation ~nistrati~ of ~s~rtation~ Unite~ S~tes o~ ~rica, sai~ se~ices to provide for heat, air- conditioning, water ~d sewerage dis~sal, reiuse dis~sal ~d J~ttorial semites, in spaces In Building No. I ~fl in ~e Ai~rt Traffic Control ~wer ~ certa~ o~er places at ~oke M~lcipal Ai~rt ior 19~4, ~rough J~e 30, 19~5, ~d renewable ~til J~e $1,191.85 per ~n~. ~. Trout ~ve~ ~at Co.oil conc~ in ~e re~rt o~ ~e City ~ager ~d offered ~e f°11owlng ~rg~ Ordin~ce: (%21658} ~ 0~I~ au~orizing ~e city's e~ecutlon of a certain con~act for f~tsh~g to ~e Federal Aviation A~nistration of ~par~t of ~s~rtatio~, Unlte~ S~tes of ~rica, certain semites in spaces in Builfl~g No. 1 ~d in ~e ~ort ~affic Control ~er and certain other places at Ro~oke M~tcipal ~rt, n~ leased to said ag~ ~d providing for ~ ~erg~, (For full t~t of Ord~ce se~ O~ce ~k NO. 39~ Page 48~.) ~. ~out ~e~ ~e afloption of ~e'Ord~ce. The ~tion was seconded by ~. Lisk ~d adopted by ~e following AYES: M~SSrS. G~I~, H~ard, Lisk, Taylor, ~s, Trout and ~yor Weber ............................... ~YS: None .................... ~. H~rfl e~ressed ~nce~ ~at no escalation clause is included ~ ~e con.act. S~ OF PROPE~-CI~ ~GI~R: ~e City ~ager s~tted a ~itten report advls~g ~at by Ore.ce No. 21155, Co--=il au~orized ~e purchase of 15.368 acres of 1~ fu~eriy ~ as ~e Willi~on Ho~stead Rese~e 267 property and &t t~at tl~e ovnsd by .the V.ukens Hairs, said tract being.needed for use aa an expansion £or the Public Works Service Center and storage lot for buses, ~ointlng out that the residue of ~hat.pu~chase, an approximate 2.08 acres of land, ovned by Hllbsrt ~. Be~nste~n and encon~aasing 13 lots is needed to conq~lete the desired tract, further advising that the city has .obtained a 30-day purchase option agreement to purchase the 13 lots for a price of $16,000.00, cash, and rec~-41ng the2 the city take the necessacy action to exercise the option l~mediately. Hr. Thomas moved that Council concur in the recon~nendation cE the City ~nager and o£fered the follo~ing emergency Ordinance: (S21659) AN ORDIHAI~C~ exercising an option to purchase certain lots situate in the City of Roanoke in Section N, according to the Hap of Willia~son Groves, on the east side of Interstate Spur Route 581, and providing for notification of such exercise to the o~er thereofl and directing the acquisition Of such property, upon certain terms and conditions~ and providing for an emergency. (For full text of Ordinance, sec Ordinance Book No. 39, Page 488.) Hr. Thomas moved the adoption of the ordinance. The motion was seconded by Dr. Taylor and adopted by the .following vote: AYES: Hessrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. ?. NAYS= None .......................... 0. SALE OF PROPERTY-REGIONAL JAIL: The City Manager submitted a written report advising that by Ordinance No. 21166 CotUlCil authorized and directed the City Hanager to negotiate with the owners of vacant property located to the west of the new Police and Juvenile and Domestic Relations Court Building and with the owners of three parcels of land located tO the west of the city's park- lng lot in the same general location, said land to be purchased as the site for a new courts and jall faclllty, further advising that the city has progured an option to purchase a large tract of land which is presently being used. as a parking lot and owned by J. A. ~/eador, Incorporated, for the sum of $400,000.00, that Hr. Meador has expressed a desire to continue to operate his 110 space parking lot for the city, either on a percuntage basis or for a fixed fee, reco~unendlng that Council accept the opt-tun as presented and purchase the property for the price quoted and that the City Manager also be authorized to negotiate an agreement with Hr. Meador to enable him to continue to operate the parking lot at this location for a certain period of time. Mr. Lisk moved that Council concur in the report of the City Hanager and offered the following emergency Ordinance= (~21560) A~ ORDII~CB e~ercising an option to purchase certain land situate on the South side of Ca.bell Avenue, S. W.,,and for notification of such exercise t~ th~ o~ner ther~of~ directing the ac~uisition of such property, upon certain tez~s and conditions! and providing for an e~erge2cy. (For full text of O~dinance, see Ordinance Book No. 39, Page 490.) H~. Lls)~ moved the adoption of the Ordinance. The motion was seconded b~ Hr. Thomas and adopted by the following vote: AYES: Hessrs. Garland, Hubard, ~.lsk, Taylor, Thomas, T~out and Hayor Webber ................................. 7. ~AYS: None ......................... 0. WATER DEPAIITHI~T: The City Hanager sulmitted a ~rcitten report concurring in the Xecon~endation of a co~nittee that the unit cost bid of L~nchburg Fouudl~ Cc~pany for [urniehing certain estimated quantities of water pipe to the city for the period of July 2, 1974, through June 30, 1975, be accepted. Hr. Thomas moved that Conncil concur in the recommendation of the City Manager and the comnittee and offered the following emergency Ordinance: (%21661) AN ORDINANCE accepting the proposal of Lynchburg Foundry Company for furnishing and supplying certain ductile iron water pipe to be used hy the city's Water Department for the period begin~ing July 2, 1974, and ending June 3~, 1975, authorizing th~ proper city offtc~als to execute the requisite contract or purchase orders; rejecting all other bids; and providing for an emergency. {For f%lll text of Ordinance, see Ordinance Boo~ NO. 39, Page 491.) Hr. Tho~nas moved the adoption of the Ordinance. The '~oticn was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............. ~ .................. 7. NAYS: No~e .......................0. WATER DEPARTME//T: Th~ City Manager etfl~mitted a written report ~ranemttting 'copy of & c°Z~unicatton fro~ Mr. B. L. Drisk111, Sales' Manager for Lynchburg Fotuadry Company, advising tha~ Lyncb/~Urg FoUndry is losing ~oney on each section of ductile iron pipe sold to the City of Roanoke, that Lynchburg 'Foundry Comply has indicated that they will honor the re~mainder of those pnrchase orders ~b~itted by the city u~der its fiscal year 19~4 contract; however, they a~e requesting that Council allow their fir~ to increase their prices somewhat as shown at the bottom of page 2 of their con~unication to reduce this l~ss. 269 After a cl~.seussion of th~ reqvest~ ~ received ~ flle~, ~e ~ was secon~e~ b~ ~. ~ou~ ~ adop~ed b~ ~e foll~g vo~el AY~t ~ssrs. G~I~ ~rd~ ~sk~ Ta~lo~ ~yor Weber .............................. ~YS~ None ......................0. ~TER D~ The City ~ager s~tted a ~tt~ re~rt conc~r~ng ~n ~e r~ndat~on of a c~ttee ~c~ell ~ufact~ng C~y ~ Badger Heter~ ~co~orate~ for fu~lshing certain water m~ters to ~e o~ty for ~e per~ of July 2, 1974~ ~rough J~e 30~ 1975~ be accepte~ ~ f~er rec~ing ~at detector t~e meters be re]e=te~, h~ever, ~e P~chas~ng Agent, ~ough City ~ager, ~ ~ns~cted ~o p~chase ~e detector ~eck p~chase order basis fr~ Hersey P~ucts, lnco~rate~ for ~e per~ of ~uly 2, 1974, ~ough ~e 30, 1975, as long as ~e P~chas~ng ~ent feels ~at sai~ C~y~s pr~c~s r~ c~tit~ve. In ~s co~ect~on, ~e City ~ager s~tted a suppl~n~l re~rt a~vis~g ~at after d~scuss~on$ wi~ ~e C~ty Atto~ey~s staff and s~se~t d~scuss~ons w~ ~e B~ C~ttee, ~t ~s reco~n~e~ ~at the low b~ as s~tted by Hersey Pr~ucts C~y~ for a s~x ~n~s per~, for ~e detector t~e meter, be accepte~ ~ that m~ers of ~e B~d C~ttee are agree~le wi~ ~s approach. ~. H~ard ~ve~ ~at Co~c~l conc~ ~n ~e re~rts and offere~ (%21662) ~ O~I~ prov~g for ~e p~chase of supplies of various t~es of water meters for use by ~e C~ty~s Water Depar~nt ~g per~ of t~ beg~g J~y 2, 1974, ~ en~g J~e 30, 1975, u~n certain te~ ~ p~v~slons, by accept~g certa~ bl~s ~e to ~e city~ reject~g cer~in o~er bi~s~ ~d provld~g for ~ ~rg~. (For fu~ text of Ord~n~c~, see O~ce ~k No. 39, Page 493.) ~. H~r~ move~ ~e a~opt~on of ~e Ord~ce. The ~t~on was seconde~ by ~. ~out ~ adopt~ by ~e fo11~g vote= A~S= M~ssrs. G~I~ H~ L~sk, Taylor~ ~s~ ~out ~d ~or Webber ................................. 7. ~YS = None ........................0. B~ET-EOUIP~= The City ~ager s~tted a ~tt~ re~rt ~nc~r~g in ~ recordations of ~e Bi~ C~ttee rec~n~g ~at cer~ e~t as ~re f~ly set out ~ a 16 page re~rt ~der date of July 8, 1974, be accepte~. (For full text, s~e report as file~ in ~e City Clerk's'office.) 271 ~ Kr. Liak a~ved .that council concur in the report of the city ttanager and the committee and offered the following e~ergency Ordinance transferring a to~al of' $426,325.00 fro~ varlou~ account~ to Section ~671t 'Garaget' of the 1974-75 budgett, to provide sufficient funds for the purchase of the equip~entt (t21663) AN 0~DINANCB to amend and reordain certain sections of the 1974-75 Appropriation Ordinance, and provldLng for an.emergency. (For full text of Ordlnance~ see Ordinance Book No. 39, Page 495.} tlr. Lisk laoved the adoption of the Ordinance. The mo.~lon was seconded by Hr. Garland and adopted by the follow~ng vote~ AYESt Hessrs. G~land, Hubard, Llskt Taylor, Thomas~ Trout and Hayor Nebber ................................... ?. NAYS: None ............m ............. 0o Hr. T~out then offered the following emergency Ordinance accepting the proposals of Baker Brothers, Incorporated! Tri-vann Co~poratlon~ Mount- castle Tractor Salesl J. W. Burress, Incor~orated~ Capital Equipment Company, lncorporatedl P~[sh Equipment Co~pany~ L. B. S~th of V~rginlat Shelton-Nltt Equipment Corporation~ Municipal Sales Co,any, Incorporatedt A. E. Finley & Associates~ The Tidy Corporatlon~ ~lcllhany Equipment Corporationl D£ckerson C~C~ Heckler Chevrolet, Incorporated~ Baker Equipment Engineering Co~pany~ South- ~este~n T~uck Equll~nent~ General tfeldlng & Hachine Company, Incorporated~ Fruehauf Corporationl Smith Hoore Body~ ~ough-Hack, l~co~porated~ Truck- Sales! E. A. ~adocy & Sons, Incor~oratedl Rockwell Inte~national$ H~d-S[ate Equlpment~ First Piedmont co~-poratlon~ Sanco CorporatIon~ H & C ~utomotive~ ShaEfer Equipment Company~ Halliburton Services~ Hlghway Machinery~ Roanoke Welding~ Cues, ~ncorporated~ and ~ay Dobblns Lincoln Mercury, Xncorporated: (%21664} AN ORDINANCE providing for the purchase of various vehicular e~uipment for use by various departments of the city, upon certain terms and conditions~ accepting certain bids made to the city for furnishing and dellvering~said %ehicu/ar equipment, rejecting certain ether bids mede to the =ity~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 39, Page 496.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................... r .... ~ ....... ?. NAYS: None-~-~ .............? ..... 0. EleCTIONS z The City Attorney sub~ttted a written report relative to certain rocent legislation which per. Its, 'in ~he discretion of local governing bodies, of the establishment of a central absentee voter election district in the courthouse or other public building for the purpose of calving, cOunting and recording all absentee voter ballots cast within the election districts, as opposed to the distribution and counting of-all such absentee voter ballots at the various precincts wherein the voters are registered, advising that it is his opinion that unless considered to be a matter of ttrgency or m~terially affecting the convenience of voters and election officials taking part in tho November 5, 1974, General Election, the Council would be better advised to defer until the month o£ January, 1975~ L~le~entation of the provision authorized by the abovementioned legislation. ~r. Thomas moved that Council concur in the report of the City Attorney. The motion was seconded by ~tr.' Trout and unanimously adopted. Hr. Hubard further moved the% the matter be r~ferred to the Electoral Board for study, report and recommendation to Council no later than January 1975, for implementation after that date. The motion was seconded by Hr.' Garland and unanimously adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: BONE. CONSIDEP~TION OF CLAIMS: BONE. INTRODUCTION AND CONSIDEP~TION OF ORDINANCES AND NESOLUTIONS: AIRPORT= Ordinance No. 21636 authorizing and providing for an ~aendment to the city's lease and concession agreement dated December 28, 1971, as assigned by H. L. Eagoo~, Sr., and W. L. Hagood, Jr., to American Motor Inns, Incorporated, for the operation of the city's public restaurant, retail ~ift shop and vending machines in the Terminal ~uilding at Roanoke Municipal (woodrum~ A~rport, by extending the term of said assigned agreement for an additional term of five years, having previously been before Council for its f~rst .reading, read and laid over, was again before the body, Mr. Trout offer- ~ng the followlng for its second reading end final adoption= (%21636} AN ORDINANCE authorizing and providing for an ~men~ment to the city's Lease and Concession Agreement dated December 28, 1971, as assigned by W. L. Eagood~ Sr., and W. L. Hagood, Jr., by written instrument dated March 22, 1974, to American Motor Inns, Incorporated~ for the operation of the city's public restaurant, retail gift shop and vendLng machines in the Terndnal ~uildLng at P~anoke Municipal A~rport, in Roanoke County, by extending the term cf said assigned agree/aent, for an additional ter~ of five (5} years. (For full text Of Ordinance, see Ordinence Book No. 39, Page Y~. IWout noved the adoption of the Ordinance. The motion was seconded by Dr, Taylor and ndol:~ted by the .~olloving vote~ AYES~ Messrs. Garland, Nubardw Llsk, Taylor, Thomas; Trout and Mayor Webber ............................... NAYS ~ None ...................... 0. SEWF_~ AND STOlt~ DRAXNS: Cotulcil having directed the City Attorney to prepare the proper measure relating to the proposed construction of public sanitary sewer lines to serve certain properties in the Fairland Lakes and Glenavon sections of the city, he preserlted same~ whereupon, Mr. Thomas offered the followLng Resolution: ([21665) A P~ESOLUTION relating to the proposed const~uction of public sanitary sewer lines to serve certain p=operties in the Fairland Lakes and Glenavon sections of the city, a portion Of the cost of which, when the same shall have been ascertained, is proposed to be assessed or apportioned between the city and the ab~tting landowner$ served by said sanitary sewer line as provided in Article 2, Chapter 7, Title 15.1, of the Code of Virginia, 1950, as an~nded. (For full text o£ Resolution, see Resolution Book No. 39, PageS01.) Mr. Thomas ~ved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following voter AYES: Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ............................. = ..... 7. NAYS: None ..........................0. MOTIONS AND MISCELLANEOUS BUSINESS: LIBP~I~IES: The Deputy City Clerk reported that Mrs. Constance Ham/ar and Mrs. Lelia C. Bagbay have qualified as men, bars of the Roanoke Public L~brary Board for terms Of three years each ending June 30, 1977. Mr. Trout ~oved that the report be received and filed. The motio~ was seconded by Mr. Bubard and ~an~mo~sly adopted.. OTHER HEAP~NGS OF CITIZENS= NONE. There being no further business, Mayor Webber declared the meeting adjourned. ATTEST: APPROVED Deputy city Clerk Mayor 273 COUNCIL, R~GULA~ MF~TINO, Monday, July 15, 1974. The Council of the City of Roanoke met ~n Eegular meeting An the Council Chamber ~n the Municipal Bu~ld~ng, Honday, July 15, 1974, at 2 the regular meeting hour, with Mayor Roy L. Webber presiding. pRESENT~ Councll=~.n Robert A. Garland, William S. Hubard, David K. L~sk, Noel C. Taylor, Hampton W. Thomas, James O. Trout a~d Hayor Roy L. Webber ..................................... 7. ABSENT: None ....................0. OFFICERS PP~SENT: ~r. Byron E. Haner, City ~anagerl Mr. James N. Kincanon, City Attorneyl Mr. H. ~en Jones, Jr., Assistant City Attorney~ and Mr. A. N. Gibson, Director of F~nance. INVOCATION: The ~et~-~g was opened with a prayer by the Reverend Paul R. Cooper, Pastorw St. Paul~s Lutheran Church. HINUTES: Copy of the ~inutes of the r~gular meeting held on Monday, July 8, 1974, havLng b~en furnished each me~ber of Council, on motion of Mr. Trout, seconde~ by Mr. Lisk and ~nan~mously adopted, the reading thereof was dispensed with and the m~nutes approved as recorded. HEARING OF C~TIZE~S UPON pUBLIC MA~TERS: NONE. PETITIONS AND CO~2{UNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City $chool Board requesting that $17,$20.00 be appropriated tO 'Schools - T.A.P. Tutorial/ Alternative F~ucatlon Pro~ect,' under Section %17000 of the 1974-75 budget of the Roanoke City School Board, advising that this cooperative project between TAP and the Roanoke City publlc Schools provides tutorial and/or alternative educational experiences for secondary level students, 100 per cent of actual expenditures to be re~.~bursed by p. L. 92-318, Title VII f~L~ds, was before Council. Dr. Taylor moved that Council concur in the request of the Roanoke city School Board end offered the following emergency Ordinance: (%21666) AN O~D~NANCH to amend an~ reordain Sect/on %17000, 'schools - T.A.P. Tutorial/Alternative Education Project,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 1.) Dr. TaYlor moved the a~option of the Ordinance, The motion was seconae~ by Mr. Trout aha adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor~ Thomas~ Trout and Mayor Webber ................................ 7. NAYS: None .......................0. 275 BODGET-SClIOOLSz A co~mnicat~on from ~e ~oka City Sch~l Ee~es[~g ~a~ $1~935.00 ~ a~o~lated ~ ~Sch~18 - Heel~ P~g~" ~de~ Section f35000 of ~e 1974-75 bu~ge~ of ~e ~oke 5ch~l ~ard; lO0 ~ c~ of act~l e~dit~es ~o ~ re~sed by C~n~eal~ of V~rg~ f~ds, ~as before ~. ~ou~ ~ved ~t Co~cll ~nc~ ~ ~e r~est of ~e ~oke City Sch~l ~ard ~d'offered ~a roll.lng ~rg~ Ordin~ces (ttlttT) ~ O~I~ to ~d ~d reordaln Section ~3SO0O~ "Sch~ls - Heal~ Caree~s P~gr~," of ~e 1974-~5 Approprlatl~ Ordh~ce~ ~d provldhg for ~ (For full text of O~h~ce~ see Ordln~ca ~k No. 40~ Vaqe ~. ~ou2 ~ved ~e adoption of ~e Ord~ce. ~e m~ton vas seconded by ~. ~s ~d adopted by ~e foll~tng A~SI Hessrs. G~l~d, H~ard, Lisk~ Taylor, Th~s~ ~out and ~yor Webber ............................... 7. ~YS: Hone ......................0. B~SCH~: A c~lcatlon /ro2 ~e ~oke City Sch~l Board request~g ~at ~115,587.00 be appropriated to 'S~ools - Criterion Vrogr~," ~der Section ~37000 of ~e 1974-75 budge~ of ~e Ro~oke City School Board, said ~t to be 100 per cent re~sed by E. S. E. A., Title III f~ds, ~as ~fore Co~ctl. ~. Trout ~e5 ~a2 Co.oil conc~ tn '~e re~es~ of ~e Roanoke City Sch~l ~ard ~fl offered ~e foll~in9 ~=9~ Ordln~ce: ' {t21668) ~ O~I~ ~ ~nd ~ ~eorda~ Section S37000, 'Sch~ls - Title III - Criterion Read~9 P~gr~,' 0f ~e 1974-75 Appropriation Ord~ce, ~d provtd~g for ~ ~r9~~. (For full text of Ord~ce, see Ord~ce Book No. 40, Page 2.} ~. ~out moved ~e adoption of ~e Ordinate. ~e ~tion was seconded by Dr. Taylor ~d ad°~ed by ~e fo~l~g A~ Messrs. G~l~d,'H~ard, Lisk, Taylor, ~s~ Trout and ~yor Webber .....2 ............ J ............... B~S~= A ~catlon from ~e a~oke City Sch~l ~ard re~est~g ~t $4,458.00 be apprOpria~ed to 'S~ls - Vocati0nal ~ucat~on for ~e Disadv~ged~'' ~der Section %38000 of ~e 1974-75 'budget o~ ~e ~oke Cit~ School Bo~d, advis~g ~a~ ~s pr6gr~ offers heal~ oc~pat[onal ~a~ for ~e disadv~ged Stud~t ~d w~11 be~ re~sed 100 per c~t by C~nweal~ of Virginia f~ds ~der ~e V~at[onal Education Act, was before ~cil. ~. Lisk ~ved ~at Co~cil conc~ ~n ~e re.est of ~e ~oke City Zch~l ~ard ~d offered ~e foll~ing ~rgen~ Ord~ce: (121669) AN OP, DIII~ICE to ~_,,~d. and zeoz~ Se=tl~ 'Sch~ls - Vocational ~u~ for ~e D~sadv~ged~' o~ ~e 1974-75 Approp.rial tl~ Ord~ce, ~d p~ovldhg for ~ ~rgen~. (For f~l t~t of O~ce~ see O~ce ~k No. 40~ Page 3.) ~. ~ak ~ved ~e ad~tion oi ~e O~ce. ~e ~ti~ ~as aec~ded by ~. ~s ~d adopt~ by ~e Eoll~lng A~= ~sara. G~l~d~ H~ard~ ~ak~ Taylor~ ~s~ TrOU~ ~d ~yor ~e~= ................................ 7. ~YS= None ........................0. B0~S~= A c==icatlm fr~ ~e Ro~oke Clti 5ch~l zequest~9 ~a2 ~22~912.00 ~ appropriated to 'Sch~ls - Vocati~al Education /or ~e H~dicapped.' ~der Section t39000 oi ~e ~974-75 budget oi ~e Ro~oke City Sch~l ~ard, advise9 ~at ~i~ pro9z~ provides vocati~al train- in9 in ~e a~eas o~ bus.ess education, ~t~ce ~d repai~ h~ econo, cs ~d ~o~k-study for ~e h~dlcapped ~tud~, said ~ ~o be 100 per cent re~sed by C~n~eal~ off ?k~tnla E~ds, vas before Co~cll. ~. Lisk ~ved ~at Co. Oil c~c~ ~ ~e re.est o[ ~e ~oke City Sch~l ~ard ~d offered ~e follo~ ~=qen~ (~21670) ~ 0~I~ to ~d ~d =eorda~ Section i~9000, 'S~ls - Voca~lonal Educa~on for ~e H~dicapped,' o[ ~e 1974-75 A~propria~ion (For full t~t of O~h==e, see O=d~ce ~k No. 40, Page ~. List ~ved ~e adoption of ~e 0=clinics. The ~2ion ~as seconded by ~. ~s ~d adopted by ~e follo~ AYES= Hess~s. Garl~d, H~a~d, Lisk~ Taylor, ~s. T~o~t ~d ~yor Weber ................................... ~YS = None ........................... 0. BU~-S~I A ~ica~ion ~rom ~e ~oke City Sch~l Board ze~est~q ~at ~46,742.00 be appropriated ~ 'Sch~ls - Special Cooperative P~ogr~ ~or Four Dro~ut~ ~d Pot~tial DropouC~,' Section Il0000 of ~e 1974-75 budget of ~e Ro~oke City Sch~l Board, per c~ off a=2~l ~dit~es to be =e~sed by ~e C~n~eal~ of Vi~hia, ~a~ before City icbm1 ~ard ~d ollered ~e roll.h9 ~erq~ (t21671) ~ 0~ to ~d ~d =eo~ Section 140O00~ 'S~oola - Special C~ge=ative v~ ~or FOUr D~Uts ~d ~otmtial D=o~uts~' of ~e 1974-75 Appropriation O=d~ce, ~d provid~9 fo= ~ {For /ull t~t oi O~h=ce, cee Ord~ce ~k ~o. 40, Page seconded by ~. List ~d adopted by ~e roll.hq vote= ~YES: Messrs. Garland~ Hubard~L~$k, TayXor, Thomas,"Tr~u~ and Mayor Webber ............................... 7. -' - NAYS: None ....................... 0. ' BUDGET-SCHOOLS: A cam~unication Er~ the P~anoke City School Board request/ng that $18,378.00 be aPPropriated ~o 'Schools - Student Job Placement Program,' under Section %41000 of the 1974-75 budget of the Roanoke City School Board, 100 per cant o£ actual eXpenditures' to he reimbursed by Commonwealth Of Virginia funds, was before Coanc~l. Hr. Thomas moved that Counc£1 concur in the reqUest of the Roanoke City School Board and offered the following emergency Ordinance: (%21672) AN ORDXNANCH to amend and reordain Sect~an %41000, 'Schools - Student Job Place~ant program," of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 40, Page 5.) Hr. Tho~as ~oved the adoption of the Ordinance. The ~otion was seconded by Hr. Trout and adopted by the following vote: AYES: Hessrs. Garland,' Hubard, Llsk~ Taylor, Thomas, Trout and Hayer Wehber--~ .............................. 7. NAYS: None ........................0. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that $5,124.50 be a~propriated to 'Schools - D.I.A.L. ~ Su~ner programs,. under Section %42000 of the 1974-75 budget of the Roanoke City School Board, advis/31g that this a~otu~t ~-~c~udes $4,483.50 which will be reimbursed by Commonwealth Of Virginia fands a~d $641.00 represantlng 10 per cant local matching funds which will be ~ansferred from the School Board budget, was before Council. Dr. Taylor moved that Council concur in the reqUest of the Roanoke City School Board and offered the following emergency Ordinance: (%21673) AN O~IHA~C~ to amend and reordain Section %42000, 'Schools - D.X.A.L. - Sunm~r Programs,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 40, Page Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the followin~ vote: AYES: Messrs. Garland, H~bard, Lisk, Taylor, Thomas, Trout and Mayor Web'er ............................... 7. NAYS: None ....................... 0. LX~RAH/ES: A ccumnunicat/an fro~ Hr. Jesse T. Meadows tenderidg hie resignation as a me~ber of the Roanoke public Library Board, was before Council. Mr. Thomas moved that the resignation be accepted with regret. The motion was seconded by Hr. Lisk and unanimously adopted. 277 LIBRAR/ES~ CoI~ of. a co,men/cation from Hr. 3. #. Boetic~ ~r., County ~a~nlnistrator, county o£ Craig, advising ~ha~ ~e Craig County Boa~d of Supervisors appo/nted ]~rs. WLllLa~ P, Tatun, gr., to represent County on the Roanoke Public L~brary Board, was before Council. Mr. Trout moved that the c0~m~nicat/on be received and filed. The motion was seconded by Mr. Lick a~d unanimously adopted. TA~S: A co~unlcatiun fro~ Mr. W. H. Link, 2518 Maiden Lalle, S. W. relative to certain1 real estate tax assessments for retired persons on social security benefits, r~quest~ng that his real estate taxes be frozen at the present rate, was before Council. Mr. Garland pointed Out that the questl~ of paralleling city and state laws relative to real estate taxes for the elderly has been referred to the Revenue Study Comm~ssion, and, therefore, moved that the communication from Mr. Link be recetve~ and filed. The mot/on was seconded by Mr. Thomas and unanimously adopted. STREETS AND ALLEYS: A joint applicat/on from Mr. R~chard C. Rakes, Attorney, representing Terminal Warehouse Corporation~ a~d Mr. R. Roy Rush~ Attorney, represent/ng R. D. and Virginia F. Echol$, requesting that that portlon of Shenandoah Valley Avenue, N. E., adjacent to Lots 4, 5, 6 and Block 13, and also, adjacent to Lots 1, 2, 3, and 4, Block 9, Laurel Terrace, be vacated, dlscon~nued and closed, was before Council. Dr. Taylor offered the following Resolution appointing viewers in connection with the request: (t21674) A I~ESOLUTION providing for the appointment of five persons, any three of whom may act, as viewers in counect~on with the application of Term/ne1 Warehouse Corporation, and R. D. and Virglnta F. Ethols, husband and wife, to permanently vacate, disco.ntinue, and close that portion of Shenandoah Valley Avenue, N. E., which is adjacent to Lots 4, 5, 6, and ?, of Block 13, ~ap of Laurel Terrace, and being respectively Official Tax Numbers part of 3121302, 3121303, and part Of 3121304 on the easterly side of said avenue adjacent to Lots 1, 2, 3, and 4, Of Block 9, Hap of Laurel Terrace, and being respectively Officla! TaX Nu~ers 3120901 and 3120902. Shenandoah Valley Avenue and the aforesaid lots are shown on the map of Laurel Terrace, dated May 10, 1926, an~ recorded ~n the Clerk's Office of the Circuit Cou=t of Roanoke County on the 22nd day of ~y, 1926, on Plat Book 1, pages 358-359. The portlon of said street here sought to be closed Is 100 feet in length and is the only remaining port~on thereof lying south of Kanter ' Road which is now open. (For lQ11 text of Re~olution, see Resolution Book No. 40, Page 6.) Dr. Taylor ~oved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vot~: 279' AYES; HesSrao Gaz:land~ Ruba~d, Lisk, ~a~o~ ~S~ ~ou~ ~d ~Mo~ ~e~ .................................... 7. ~YS ~ ~ona .......~ ................... O, ~. ~out ~ ~ved ~ ~e ~e~es~ ~ ~efer~ed to ~e City PlYing ~asl~ fo~ at~y~ re~t ~d zec~tion to Co~cll. The ~tion was seconded by Dr. ~aylor ~d ~nMusly adopted. ~ORTS OF O~FI~. G~S-~ A~ION A~NST PO~R~ IN R~O~ V~: The City ~ager s~t~d a ~itt~ re~rt relative to ~lficatl~ of ~e c~rent gr~t for S~r P~r~ for E~cally Dtsadv~ged You~, 'P~llc ~ploy- m~t Progr~,' Seution No. 9~2~ advising ~at ~e city has been notified ~at ~ere exists ~ additional $113~682.00 which ~y ~ utilized for ~ls gr~t ~d re~est~ ~t said ~t be approprlate~ to ~ls gr~t accost, ~ereby ~ a to~l appropriation of $279,882.00. (For full text, see re~rt as filed in ~e City Clerk's O~ice.) ~. ~out ~ved ~at Co~cil conc~ in ~e re~rt of ~e City ~ag~r ~d o~fere~ ~e roll.lng ~r9en~ Ord~ce appropriat~g $113,682,00 to s~er Progr~ for E~no~cally Disadv~taged Yo~: (%2~6~5} ~ O~ to appropriate to ~e City of ~oke~s Gr~t Progr~ Accost, ~d provid~g for ~ ~rgen~. (For ~1 text of O~in~ce, see Ord~ce Book NO. 40, Pag. ?.) ~. ~out ~ved ~e adoption of ~e Ord~ce. ~e ~tion was seconde~ by ~. ~sk ~d adopted by ~e foll~ing vote: A~: Messrs. G~I~ ~ard, Lisk, Taylor, Th~s, ~out ~d ~yor W~r .... - ............................ ~YS: None ........................ 0. ~. Lisk ~ oifere~ ~e roll.lng Resolution relative to participa- tion ~ ~e S~er Progr~ for E~no~cally Disa~v~taged (~2~75} A ~OL~ION conc~r~ in ~e City ~ager~s reco~ndation of participati~ ~ ~e S~= P~gr~ for Econo. tally Disadv~tag~d You~ au~oriz~g fo~l appllcation to be ~de for 9r~t oi $279,882.00 in federal f~ds to p~vi~e for said progr~ ~d, ~ so apply~g, to ext~ certain ass~ces on be~lf of ~ city; ~d~. u~n gr~t of such f~ds, to execute a re~uisito a~re~t accep~g said f~ds on behalf of ~e city; ~ repealing Resolution NO. 21564, heretofore adopted on J~e 30~ 1974, to the extent of its inconsis~ her~i~. (For i~1 t~t of Resolu~on, see Resolution Book NO. 40, Page ~. ~sk ~%ed ~e adop~on of ~e Resolution. The ~tlon was seconded ~ ~. ~ut ~d adopted by ~e foll~g vote: A~: Hessrs. G~l~d, H~d, Lisk, Taylor~ ~s, Trout ~d Mayor We~r ................................. ~YS: None .........................0. 28O BUDGET-PUBLIC WKLFAI~: The City Hanage~ s-~tted a w~ltten report ~e~d~ng ~at $2,032.00 ~ app~p~ated to ~e ~l~o Assis~ce accost ~ order that ~e c~ty c~ repay ~e S~te ~par~n~ of Welfare, by check~ ~e ~t of ~roper p~lic ass~s~ce [For full rex2, see re~rt as f~le~ ~ ~e C~ty Clerkts Off~ce.) ~. ~s offered ~e roll,lng ~rgen~ Ord~ce appropriating $2,032.00 ~ ~f~ds & R~tes ~der Sect~ %537~ 'P~lio ~s~st~ce~' of ~e 1974-7S budget~ (%216~7) ~ 0~I~ to ~d ~ reorda~ Section ~sist~ce~' of ~e 1974-75 Appropriation Ord[n~ce, (For full t~t of Ord~ce, see Ord~n~ce ~k NO. 40, Page 9.) ~. ~s ~ved ~e adoption of ~e Ord~n~ce. The ~t~on was seconded by ~. L~sk ~ adopte~ by ~e following vote~ AY~ Hessrs. Garl~d~ H~ard, Lisk~ Taylor, Th~s, Trout and ~yor Webber ................................... ~YS~ None ...........................0. G~S~ The C~ty ~ager s~tte~ a writt~ re~rt ruiat[ve to 1974-75 f~scal year appropriations for federal ~d state a~d grits, re~esting ~at ~e ~ts, as more fully set out ~n ~e report, be appropriated to ~e Gr~t Ref~d Accost. [For full t~t, see re~rt as filed ~ ~e City Clerk's Office.) ~. ~s off,ed ~e following ~rg~cy Ord~ce ap~ropr[ating $27,112.25 to C.A.H.P.S.~ $13,455.16 to R.A.D.A.C.C.~ $6,244.00 to Co~troom M~ Syst~ (s), $S,057.00 to Off, der Aid ~d H~gh Inc[d~ce Target~ $12,627.15 to D ~D C.P.A. (701) Gr~t, ~d $29,500.00 to Gr~t Ref~d Accost= (%21678) ~ O~I~ to ~d ~d =eorda~ certa~ sections of ~e 1974-75 ~eral F~d Appropriation 0~ce, (For full text of O~ce, see Or~ce ~ok No. 40, Page 9.) ~. ~s ~ved ~e adoption of ~e Or~ce. ~e ~t~on was seconded by ~. ~out ~ adopted by ~e foll~g vote: A~: Messrs. Garl~d, H~ard~ L[sk~ Taylor~ Tho~s~ Trout ~yor Weber ...............................7. ~YS= No~e ............~ .......... 0. B~E~G~S~ ~e City ~ager s~tted a ~itten re~rt reco~nd- ing ~at $46~405.00 be appropriated to R.A.D.A.C.C., $87.577.27 to ~treach ~t~t~o~, and $95,063.00 to ~a~n~g of Juvenile Co~t Perso~el t[on o[ Division of J~tice ~d Cr~ Prevention Gr~t re~est approval, advis~g ~at of ~ese pr~r~, only ~e Ou~each ~t~t~on project re~ires c~ty f~ds~ ~n ~e ~t of $1,368.52, ~ ~at ~t needs to be a~propr~ated to ~e ~eral F~ wi~ ~sfer to ~e Gr~t Progr~ accost. Dr; Taylor offered the f011ow~ng emergency ordinance appropriating ~1,368.52 to Local Cash Hatch under Section [$27, 'Juvenile H°~e,w of the 1974-75 budget: (~21679} AN ORDIHANCE to amend and reordain Section ~S27, "Juvenile Home,' of ~he 1974-75 Appropriation Ordinance, and Providing for an e~er~ency. {Fo= ful! text o~ Ordinance, see Ordinance Book No. 40~ Page 10.) Dr. Taylor moved the adoPtton of the ordinance. The motion was seconded by Mr. L~ek and adopted by the following vote: AYES: Messrs. Garland, Nubard, Ltsk, Taylor, ~homas, Trout and Mayor Webber- ........... h ....................... 7. NAYS: None ............................ 0. Dr. Taylor then offered the following emergency Ordinance appropriating the above set out a~ounts ko Section ~927, 'H=~an Services - O~treach Detention,' Section %928, 'Training Juvenile a~d Domestic Court Person~el,'. and Section [941, 'R.A.D.A.C.C. - Grant No. 74A-2390,' of the 1974-75 Grant Program Account: (%21680) AN O~DINANCE to appropriate to the City of Roanoke~s 1974-75 Grant Program Account, and providing for an emergency. (For full text o~ Ordinance, see Ordinance Book No. 40, Page 11.) Dr. Taylor moved the adoption of the ordinance. The motion was seconded by M~. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, L~sk, Taylor~ Thomas, Trout and Mayor Webber .............................. 7. NAYS: None ...................... 0. BUDGET-GRANTS-PERSONNEL DEPA/~THE~T: The City Hanager submitted a ~ritt~ report advising that the City o~ Roanoke has been informed by the Division of State Plar~ning and Community A~fatrs that the clty would be eligible for a grant o~ ~699.00 to provlde funds to permit a City of Roanoke representa- tive to participate in a training Course on Collective Bargaining, sa~d course to take place at the University of H~chlga~ between the dates of July 15 and 19, 1974, and reco~ending that Council accept this grant and appropriate $699.00 to Travel under Section %714, SPersormel D~partm~t,' of the 1974-75 budget. Hr. Trout offered th6 following emergency Ordinance: (%21681) AN ORDINANCE to amend and reordaln Section %714, ~Persounel and Training,' of the 1974-7~ Approprlatton Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 11.) Mr. Trout moved the adoption of th~ Ordinance. The motion was seconded by Mr. Lisk and adopted by the following Vote: 281' AYESz Neasrs, Gar].and~ Hubard~ Lisk~ Taylo=~ Thomas~ ~'out and ~ayor Webber .................................... ?. . NAYS: None ...........................0. COUNCIL-PURCHASING AGENT: The City Manager submitted a written report relative to the Bid Conm~tttee, advising that since the titles of certain positions have changed, it is recommended that the Assistant City Manager, all directors and department managers and an Assistant City Attorney serve as members of the Bid comm~tteew and, any three or ~ore of those com~/ttee members~ s~tting together as a Bid Comndttee, may publicly receive, open, examine and tabulate bids amounting to $10~000.00, or ~ore, and then report to City Council, through the City Hanager, the appropriate action. (For ful! text, see report as filed in the City Clerkts Office.) After a discussion as to whether or not a member of City Council should also serve as a me~er of the Bid Committee~ Mr. Thomas moved that the be taken under advisement unt~l such t~me as Council meets as a committee of the whole to discuss the matter. The motion was seconded by Dr. Taylor and adopted by the following vote= AYES: Messrs. Garland, Ht~bard~ Lisk, Taylorw Thomas, Trout and Ph~yo r webber .............................. 7. NAYS: None .....................0. I% was unanimously agrued that Council will meet as a cc~mnlt~ee of the whole followLng the next regular meeting on Monday, ~uly 22, 1974. BUILDINGS-STREETS AND ALLEYS= The City M~nager subndtted a written report relative to a deviation from the City Co~e and the Building Co~e to allow temporary street and sidewalk closure in connection with certain construction at The United Virginia BarLk Building on First Street and Church Avenue, S. W., re~estlng that Cot~lcil waive that port~on of the Souther~ Standard Building Code and the City Code which stipulates that only one-third of a street may be blocked end that a covered walkway will be provided along the preiphery of the construction area on First Street for a period not to exceed 45 calendar days. (For full text, see report as filed in the City Clerkes Office.) Hr. Trout offered the following Resolution: (J21682) A I~ESOLUTION permitting the City ~ager to temporarily close an easterly port/on of 1st Street~ S. W., north from its intersection with Church Avenue~ S. W. ~ and a northerly portion of Church Avenue, $. W.; east of its intersection with 1st Street, S. W., in order to facilitate the construction of the United Virgln~a Bank Buildlng, ~pon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 40, Page 12.) Hr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Lisk and adopted by the following vote: 283 AYF.,S~ Hesere. G~rland~ Huha~d~ Llsks Teylor~ ~YS~ None ........................... O. ~LI~ D~-FZ~ D~ The C~y ~ager stt~tte~ a ~itt~ re,ct as ~ ~e s~tus o~ ~rso~el ~ ~e Police ~par~nt ~d ~e Fire ~par~t as OE J~e~ 19~4~ adv[$~~ ~at as of July 1, 1974, ~ere were fo~ vacuoles ~ ~e Pol~ce ~par~t, ~d as oE ~e ~d o~ J~e, ~ere were two vacuoles ~n ~e Fire ~ar~t. Dr. Taylor ~ved ~at ~e re~rt ~ received ~d filed. The ~t~on was seconde~ by ~. T~ut ~d ~usly adopted. AI~R~G~Sc ~e C~ty Atto~ey s~tted a ~tten re~rt In co~ect~on w[~ f~c~g ~d additional r~ lighting at Ro~oke H~c~pal (W~r~) Alert, a~vis~g ~at ~e Ordinates relative to ~e t~ ~tters au~orlze~ ~e ~ty P~chas~g %g~t to ~ssue re~[s~te ~chase orders placed w~ ~e res~ective successful bidders, s~s~tly, ~t has ~en called to his att~tion ~at fo~l written const~ct~on con~ac2s, ra~er p~chase orders, w~11 need to ~ entered ~to by ~e city wi~ each aforesaid successful ~ldder, ~d, ~erefore~ ~tt~g t~ ~ndato~ Ordinates for ~e recorded adop~on by ~. ~out ~ve~ ~at Cocci1 conc~ ~n ~e re~rt of ~e City Atto~ey ~ oEfered ~e follow~g ~rgen~ Ord~n~ce ~d~ng Ordin~ce NO. 21604c ~21683) ~ O~ ~d~g O~ln~ce NO. 21604 by au~or~zlng ~e City ~ager ~d ~e City Clerk to ~ter ~to ~itt~ contract on behalf of ~e City o~ Ro~oke wi~ P~ers F~ce C~y of ~oke, lnc,, for prov~s~on of additional sec~y bo~da~ f~ctng at ~e a~oke M~icipal Ai~rt~ and providing for ~ (For f~l text o[ O~c~, see O~ce Book No. 40, Page 13.) ~. Trout ~ved ~e adoption of ~e Ordinate. ~e ~tion was secon~e~ by ~. ~sk ~d ~dopted by ~e foll~g vote= AYe: Messrs. G~l~d*:H~d, Lisk, Taylor, Th~s~ ~out and ~yor Webber--U ............................. ~YS: None ....................... 0. ~. Trout ~ o~fered ~e felling ~rg~ Ord~ce ~nding Ordin~ce No. 21605= , (%21684} ~ 0~ ~d~g Ord~ce No. 21605 by au~oriz~g ~e City ~ager ~d ~e C[ty Clemk to ~ter into ~tt~ contract on behalf of ~e City of ~oke wl~ Cross Elec~ic C~y, Inc., for provision additional r~ ligh~ng at ~e ~oke M~icipal Ai~r~ ~d ~roviding for ~ ~rgen~. (For full text of O~in~ce, see O~ce Book No. 40, Page 14.) )tr. Trout moved the adoption of tho O~dJ~ance. The laotion was seconded by J~r. Lick and adopted by the relieving voter AYES: Hessre. Garland, Hubard, L~sk~ Taylor~ Thonas~ Trout and Hayer Webber ................................. NAYS.* None ........................ O. BUSES: The City' Attorney submitted a written report proposing the city's purchase of the five aharss of co~n stock authorized to be issued by Greater Roanoke Transit Company at par value of $1.00, each. (For full text, see report as filed in the City Clerk's Office.) Hr. Garland ~oved that Council concur in the report of the City Attorney and offered the followlllg Resolution: (t21685) A RESOLUTION providing for the city's purchase Of the five shares of capital stock of Greater Roanoke Transit Company. (For full text of Resolution, see Resolution Book No. 40, Page Hr. Garland moved the adoption of the Resolution. The motion was seconded by Hr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thc~as, Trout and' Hayer webber ........................................ ?. NAYS: None .........................0. INSURARCE-ST~EETS AI~D ALL~YS: The City Attorney submitted a written report relative to general requirement of evidence of public liability insurance of persons or companies doing work in public streets necessary to the conduct of their business. (For full text, see report as filed in the ~ity Clerk's Office.) Hr. Trout ~oved that Council concur il~ the report of the City Attorney and offered the following emergency Ordinance: (121686) AR ORDINANCE mending and reordaining Sec. 4 Of Chapter Title XVII, of The code of the City of Roanoke, 1956, as amended, relating to work performed in streets, generally, by requiring evidence of insurance of those performing certain such workl and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 16.) Hr. Trout movsd the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopte~ by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............. l ....................... NAYS: None ............................0. ZONING: The City Planning Co~0ission submitted a written report in coanection with the request of Messrs. Joh~ M. Pedige, C. Richard cranwell and Barry L. Flora, that property described as 925 Westside Boulevard, N. Official Tax NO. 2?51003, be rezoned from RD, Duplex Residential District, to RG-2, General Rssidantlal District, recommending that the request be denied. 285 Tn this connectionw Hr. C. Richard Cranweliw &ttorney~ repres~nting tho peri%loners; appeared ~fo~e ~cil ~d re~ested ~ ~e ~vede~c~d · ~est for ~ezoning be ~e-r~ferred back to ~e Clt~ Plying C~ssio~ ~ order ~a2 he ~y ~ he~d on ~e re~es~. ~ter a discussioa 'aS t~ ~e pros ~d ~ns 0f re-referring ~e ~ck to ~e City Piing C~8s~on or 8ett~g a'date for a p~lic hearing fore Co~cil, ~. ~s ~ved ~2 ~e ~e~eS2 fo~ rez~q ~ re-~eferred ba~ to ~e Clt~ Pl~g C~ss~on for f~er c~deration ~d ~ec0~da- tion to Co~c~l. ~e ~on Vas seconded ~y ~. Trout. ~. ~sk offered a s~s~ltute mtlon ~at Co~cll set a date [or a p~lic hear~g ~ ~e r~est for rez~9. ~e ration ~as se~nded by Garl~d ~d los2 by ~e foll~ vote~ A~: Hesars. G~l~d~ H~ard ~d Llsk ...................... ~S~ ~ssrs. Ta~lor, ~s, ~mu~ ~d A~or Hebber ........ ~e ortg~al ration At ~e ~e~est'~ ~e-referred back to ~e city Plying C~ssion for ~e~ conside~atim ~d ~ec~ndation to Co~cll was ~ adopted by ~e [oll~ing ~te~ A~= ~ssrs. Taylor, Th~s, Trout ~d ~yor Webber ....... 4. I~YSI Hessrs. Garl~d, H~a~d ~d Lisk .................... 3. ZONING= The City PI~g C~ssion s~tte~ a written re~rt ~ co~ectfon wf~ ~e re.est of Messrs. ~s A. M~hy, Scott W. Little ~arles B. Fe~elly, ~at property lo~ated at ~e nor~west co.er of Broadway and HcCl~ah~ Av~ues, S. W., descr~d as ~t C. accord~g to ~e ~p of F. M. ~o1~, ~d ~g also descried as ~t No. 43 ~d ~e easte~ part of ~t No. 42, Sec~on 12, ~p of C~s~I Spring ~d C~y, Official Tax NO. 1050229. ~ ~e 2100 block of Broadway Argue, S. W.~ be rezoned from RG-1, ~neral Residential Dfs~ict, to C-1, Office ~d institutional District, reco~end~g ~at ~e re.est be d~ied. In' ~is co~ec~, ~. ~orge I[ Vogel, III, Atto~ey, representing ~e petitioners, appeared before Co~cfl ~d re~ested ~at ~e a~ved~scribed re.est for rezon~g be re-referred ba~k to ~e city Pl~ing C~ssion in order ~at a site pl~ c~ be pres~ted to ~e Pl~g C~ssfon. ~. ~o~s ~ved ~at ~e re.est for rezon~g be re-referred back to ~e City Pl~g C~ssfon for f~er consideration ~d recordation to Co~c[1. ~e ~on ~s seconded by ~. T~ut ~d adopted, ~. Garbed ~t~g no. ~ORTS OF BUS~ T~e Tr~spor~on Study C~ttee s~tted a written report relative to ~e willY.ess of Ro~oke City Lines, Inco~rated, to continue bus operations on a ~n~-to-~n~ basis predicated on ~e willY.ess of ~e city to r~uce ~efr ~r~t losses by agree~g to pres~tly ~crease 286 the $18,000.00 per month supplement by ~6wO00.O0, or a~total of ~24,000.00 per month, advising that if it is the desire of Council to keep the transit company in bus/ness for the next s/x ~onths, it will be necessary to appropriate an additi~al ~36w000,00 for that p~ose, and, at the same t~ne~ Council should reaffirm its interest in the establishment of a Tranpsortation District to provide public transportation and request the neighbor/ng localities who utilize this bus system to assist in supplementing Roanoke City Lines on a Percentage basis s~lar to that used before. (For full text, see report as filed in the City Clerk's Office.) In this connection, Mr. Garland read the following prepared state- ment = '! would hope that one of these days, ! m~ght have some good news for yon from the Transportation Cn~ittee. Unfortunately, thus far, everything has bean bad. We have had to ask for a fare increase, abolishment of the gross receipts tax, operating subsidies that began at $4,000 per month that have now risen to $18,000 per month and this report is going to ask you for .another increase. As chairma~ of your c~ttee, I have tried to prepare you for these trends of events based on the information that has been given me and what ! have been able to learn frc~ other localities in their experience with public transportation. Without exception, huge deficits are co~piled when municipalities operate transportation systems. I think that it has been deter- mined that mass transit is the responsibility of government for it should be perfectly clear by now to everyone that private enterprise s~mply cannot ~ake it. Neither can a municipality operate it out Of the fare box and if any of you think the public transportation within the Roanoke Valley can operate at a profit or even at a break even point, you are going to be in for a sad awakening when appropriation t/~ne comes around each year, just as you have been with the Civic Center. If you think this, the plan should be scrapped now. I do believe that the City of Roanoke thr~ the Greater Roanoke Transit Company can operate the system better and more efflclently but there is nothing to suggest to me that the City will be able to operate it any cheaper and most probably will be considerably more expensive for us than Roanoke City Lines. This means the operating.deficit will exceed what the City now pays to Roanoke City Lines by way Of a subsidy. When Hay or June comes around next year, and Mr. Haner, in his budget message, has a request of $400,000 or more to cover an anticipated deficit for the Greater Roanoke Transit Company, I don~t want that to come am a big s~rprise to you, and I want all of you to remember that and, as a matter of fact, I want that in the minutes of this meeting~ and ! pray that I will be wrong. Having said that, your transportation comm/ttse met last Thursday for the purpose of considering a communication that the City Manager had received from the President of l~anoke City L~ne8, Mr. Stove ~nformed the ~ager ~less ~e C~t~ up~d ~e s~sid~, ~oke Citz ~es ~uld ~ forced to ~m- ~te ~e ~n~ac~, Yo~ ~al~ has ~ ~ ~s~ tou~ vl~ ~. Stye since ~ls latest develo~n2 ~ had a veE~l agEe~nt ~at ~e ~ohe L~es ~uld' coflt~ue to o~rate ~ a ~ to ~fl~ b~ls for ~ additional $6,000 a ~ s~s~dy. Ouite nat~ally, I ~ul~ no~ ass~e ~. Stye ~k City ~cil ~uld appropriate additl~al ~les bu~ ~at I ~uld rec~d ~s to ~e c~ttee. ~ter dis~ssing ~e various options ~d alte~at~ves, whl~ ~ncluded ~e status ~o~ fare ~crease, reducti°n o~ se~lce ~d award~ ~e addi2l~al s~sidy, ~e Tr~s~rtation C~i[~ee re~ds to ~e City Co~c~l, ~a2 if It is ~e wish of ~e Co~c~l to cont~ue p~lic tr~s~rtation wl~ ~e Ro~oke Valley, ~at ~t will ~ necessa~ to increase ~e s~sidy to $24,000 a ~ or ~ additional $6,000 per ~n~. ~ls additional $6,000 c~e ~u2 for several reas~sl ~ly~ ~cause of a t~tat~ve agre~ent reached w~ ~e ~lg~ted Tr~sl~ Workers ~ion, whereby ~e C~y agreed to a twenty c~ hour wage increase plus ~ eight c~t per ho~ cost of living increase for a total of $.28 ~ hour f~r ea~ driver. This agre~ent was predicated upon ~e city*s wlll~ess to pay ~e additional s~sidy. ~en t~, ~e ~n~ of J~e was a ve~ disap~inting ~n~ for ~e c~y, wherry ~e revenue for J~e of 1974 wa~ $10,000 less ~ J~e 1973. For ~ese reasons, ~e ~s~rtat~on C~ttee asks ~at you receive ~is report, ~d · will offer ~e appropriation ordin~ce for $36,000, which ho~fully, but w[~ no ~ar~tee, w~ll car~ us ~t~1 ~ C~ty t~es over ~sit syst~. ' ~. G~l~d ~ved ~a~ ~e re~rt off ~e ~s~rtation Study C~ttee be received ~d filed. ~e ~tion was seconded by ~. ~. Garl~d f~er ~ved ~e adoption o~ ~e Ord~ce appropriating ~ additional $36,000.00 to s~s[dize ~e operations of ~oke City Ink,orated, for ~e next six ~n~s. ~e ~lon was seconded by ~. Trout. ~ter a l~g~y discuss[o~ o[ ~e ~t%er, ~. H~ard offered a tute ~tion ~at ~e proposed Ord~ce appropriating ~ additional $36,000.00 t~led for one week ~d ~at ~e Director of F[n~ce' be lns~cted to review and provide Co~c~l w~ ~ ~a[ysts o~ ~e ~n~cial stat~t as s~tted by ~oke City L~nes, Inco~rated, ~d~ also~ provide Co~c[1 w[~ his as to whe~er or not ~e f~c~al s~t~ ac~ately reflects ~e affa[~ off ~e b~ c~y, said re~rt to be s~tted to Co~c[1 by ~e next reeler mee~g on ~ndaY, July 22, 1974. ~e mot~oa was seconded by ~. Th~s ~d adopted by ~e fol~g A~: Messrs. H~ard~ Lisk, Taylor, ~s ~d Trout ......... 5. ~YS= ~. Garl~ ~d ~yor Weber ........................... 2. 28.7 .G~B~GE P~v~VAL: i~te Landfill Crm~lttee e-t~;tted a ~ltten ;e~;t ~e regional l~d~lll ag;e~, adv~s~q ~h ~e ~aL~ of ~e C~ty of ~oke ~dflll ~tteo ~s ~en ~fo~d ~at prior to s~Ln9 ~ls agree- ~t~ ~e C~ty of Sal~ ~uld l~ke ~e ass~ces of the CLty o; ~oke ~at the city would c~ ~ ~e need for ~re ~ one s~Lta~ l~df~ll site ~d ~at a2 least ~e add~al s~te ~uld ~ needed In ~e 9~eral l~atl~ oE ~e weste~ ~rt~on of ~e Co~ty, reco~ndLnq ~at Co~c[1, by ~dicate its conc~r~ce ~ ~ls ~tter ~d its willY.ess to c~rate wi~ ~lty of Sal~, ~ough ~e ~egional Solid Waste Dls~sal ~ard, to obtain additional l~dflll sites ~ o~er ~reas of ~oke Co~ty. ~. ~ut ~ved ~t Co~cil conc~ ~ ~e report of ~e ~ttee ~d oEfered ~e ~oll~q ~esolution: {~1687) ~ ~SOL~ION reaffl~n~ ~e int~tion of ~e City of ~oke to ~ter into ~e ~oke Valley ~egional ~dfill ~qre~nt ~i~ local ~ove~tal s~lvisions, and ext~ding to said o~er qove~ntal {For full t~t of. ~esolu~on. see ~enolution B~k No. 40, Page ~. ~out ~ved ~a ~doption of ~e ~solution. ~e motion was seconded by ~. ~sk ~4 adopted by ~e foll~ing vote: A~Z: Messrs. G~l~d, H~ard, Lisk, Taylor, ~s, Trout and ~yor WebSer ................................. ~YS: None ........................ 0. PENSIONS: The Secreta~/Treas~er of ~e ~ard of T~stees of ~e ~ployees' Retir~ Syst~, s~%ted a ~i52en re.ri relative to ~e cost ~f providing a %~ per c~ cos%-of-liv~ ~crease ass~ce for ~ose m~ers eligible %o re~ire on J~e 30, 1974, but did not desire ~o retire at ~a~ t~e, %r~tt~ copy of a c~ica~ion from ~. Na~iel Gaines which ~dlcates ~a~ ~e o~e~all c6st for ~is b~efit is $16,886.00, or ~ a~ual ~st of $[,095.00 for ~e n~h ~irSy ~e~s, ~d rec~nding ~at ~e Secreta~/~eas~rer of ~e ~ard ~ pe~%~ed to apply ~y ~e~ded bal~ce in ~e appropria~ for p~sion benefits which ~gh~ be avail~le J~e 30, 1975, aga~st ~is defici%. ~. ~o~s ~ved ~a2 Co~c~l conc~ ~ ~e report of ~e Board of ~s~ees of ~e ~lo~ees' ~r~nt Sys%~. ~e ~tion was seconded by Trout and ~ly adopte4. ~INIZ~ BUSIES: NO~. ~NZIDE~TION OF ~I~: N0~. I~DU~ION ~ CONSIDE~TION OF O~I~S ~ ~ D~: Co~ci~ hav~g directed ~e ci%y At%o~ey 2o prepare ~e proper meas~e approv~ ~e Ci%y ~ager's iss~ce of Ch~e Order l, in co~ec~ion wi~ ~e city's con.act for ~e cons~ction of chlorination facilities at ~e City's c~ins Cove Fil%er Pi~2, he pres~ted s~; where- u~n, ~. H~ard offered ~e roll.lng Resolu~ion: (#21688) A RP. SO~ON app~ov~,~g t~e City ~ager"s lss~ce of (For full text of ~solution~ see ~solution ~k Ho. 40~ Page ~. R~ard ~ved ~e adop~ of ~e ~solution. The ~tlon seconded by ~. ~s~ ~d adopted b~ ~e roll,lng AY~t Messrs, ~rl~d, H~ard~ Llsk~ Taylor~ ~S, Trout ~d ~yor W~r ................................. 7. ~YS ~ None ........................0. B~E~BUS~ ~. H~ard o[fere~ ~e foll~ln~ ~rg~cy Ordln~ce approprlat~g $6,793.82 to Fees for Professional ~d Special Semites ~der Section [986, '~s~rtation,' oE ~e 1974-~5 budget~ to provide f~ds relative to ~e se~lces of ~. Wllll~ B. H~d~ ~s~rtation Consult~tl (%21689} ~ 0~I~ to ~end ~d reorda~ Section f986, 'Tr~s~rta- tton,' of ~e 1974-~5 Appropria~ion Ordln~ce, ~d providing for an (For full t~t of Or,in,ce, see Ordin~ce ~k No. 40, Page ~. H~ard ~ved ~e adoption of ~e Ordin~ce. The ~tion was seconded by ~. ~out ~d adopted by ~e foll~l~g vote: AYe: Messrs. Garl~d, H~ard, Lisk, Taylor, Th~s, Trout and ~yor Webber ...............................7. ~YS ~ None ......................0. B~ET-~E S~NGc ~. ~out offered ~e foll~g ~rgency Ord~ce decreas~g by $576,34~.00 ~e salaries ~d wa~es accost ~fler Section ~34~ 'Fire ~p~t,' of ~e 1974-75 budget: (%21690} ~ O~I~ to ~n~ ~d reorda~ Section %34~, 'Fire ~par~t,' of ~e 19~4-~5 Appropriation Ordin~ce, ~d providing for ~ e~erg~. {For full t~t of O~ce, see Ordln~ce Book No, 40, Page 20.) ~. Trout ~ved ~e adoption of ~e Ord~ce. ~ ~tion was seconded by ~. H~d ~d adopted by ~e foll~g ~ A~S~ Messrs. Garl~d, H~d, Lisk~ Taylor~ Th~s, ~out ~d ~yor Weber ................................. NAYS ~ None ........................ 0. ~. ~out ~ offered ~ foll~ing ~rgen~ Ordin~ue decreas~g ~e ~v~ue Shar~g T~st, ~ ~e ~t of $576,342.00, ~d appropriating $576,~42.00 to Salarie~ ~d Wages ~der Section %347, 'Fire ~par~nt,' of ~e 1974-75 budget: (%21691) ~ 0~I~ ~o ~end ~d reo~ain certain sections of the ~974-~5 Appropriation Ordin~ce, ~d provld~g for ~ ~rg~. (For full t~t of Ordin~ce, see Ordin~ce B~k No. 40, Page 20.) 289' Hro Trout moved the adoption of the Oz~l:~.nanceo Tbs ~lon A~ ~88rs. O~l~d, H~d~ Llsk~ Taylor~ ~s~ Trout ~d ~yor ~e~er ............................... 7. ~X~ ~e ..................... O. ~ee year tern of ~. S~el P. McNeil as a ~m~er of ~e ~oke C~ty Sch~l ~a~ e~lr~ on J~e 30, 1974, ~ calle~ for n~at~s to f~ll the vac~cy. ~. Garl~ place~ ~ n~at~on ~e n~ ~ere ~g no f~er n~at~ons, ~. S~uel P. ~Ne~l was reelecte~ as a m~er of ~e ~oke City S~1 ~ar~ for a te~ of ~ee years ending J~e 30, 1977, by ~e foll~ng vote: FOR ~. M~L: Messrs. Gar~, H~d, Llsk~ Taylor, Trout an~ ~yor Weber ........................... ~yor Weber also calle~ to ~e att~t~on of Co~cil ~at ~ere ~s a vac~ on ~e R~oke C~ty Sch~l ~ar~ for a te~ of ~ree years ending J~e 30, 1977, due to ~ res~at~on of Dr. I~ffett H. B~ ~d ca~l~d for no~nat~ons to ~11 ~e vac~. ~. ~out place~ ~n n~nat~on ~e n~ o~ ~. D~el ~ere being no f~er no~nations, ~. D~el E. Wooldr~dge was electe~ as a m~er of ~e Ro~oke City Sch~ Board for a te~ of ~ree ~ears ~n~ng J~e 30, 1977, by ~e fo11~ng FOR ~. W~E: Messrs. GarliC, H~ar~ L~sk, Taylor, Trout ~ ~yor Weber ................................ 7. ~yor Webber f~er calle~ ~o ~e att~t~on ~s a vac~ on ~e Ro~ok~ City sch~l Boar~ to f~ll J~es B. Sp~lo~, Jr.~ res~e~, en~g J~ 30, 1975, ~ called for n~nat~ons to f~11 ~ vacua. ~. ~s place~ ~ n~na~on ~e n~ ~ere berg no f~er ~ati~s, ~. J~s W. Burks, Jr., was electe~ as a m~r of ~e ~oke City Sch~l ~ard to of ~. J~s B. S9~lock, Jr., res~d, for a ~e~ foll~g vote: FOR ~. BU~: Messrs. Garl~ H~ard, L~sk, Taylor~ Tho~s, Trout ~ ~yor Weber ...................................... 7. T~S: ~yor W~ber calle~ to ~e att~t~on one ye~ te~ of ~. J~es E. C~r as a m~er of ~e Fr~ch~se Study Co--tree e~ire~ on July 1, 1974, ~ calle~ for n~at~ons to ~. ~out place~ ~ n~at~on ~e n~e of ~. J~s E. ~rr. I I I The~e being no further nominatlons~ N~. James E. Cart was reelected as a member of ~he Franchise Study'Committee for a term of one year ending July 1, 1975, by the following votes FOR MR. CARR~ Messrs. Garland, Hubard, Llskt Taylor, Thomas, Trout and Meyor Webber ................................ 7. HUSEUMS~ Mayor webber called to the attention of Council that the one year term of Mr. Don C. Kunse as a me~ber of the Museum Advlsozy Committee expired ob July 1, 1974, and called for nom~nations to fill the vacancy. Mr. Hubard placed in nomination the name Of Mr. Don C. Kunze. There being no further noml~ations, Hr. Don C. Kunze was reelected as a m~mber of the Museum Advisory Committee for a term of one year ending July l, 1975, by the following votes FOR MR. KUNZE~ Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. LIBRAR/ES: Meyor Webber called to the attention of Co~u%cil that there is a vacancy on the Roanoke Public Library Board due to the resignation Of the Reverend Joh~ O. Atk~ns for a term of three years ending June 30, 1977, and called fur nom/nattons to fill the vacancy. Mr. Hubard placed In nondnation the name of Mrs. Carol B. Dalhouse. There being no f~ther no~nations, ~rs. Carol _~. Dalhouse was elected as a member o3 the ~oanoke Public Library Board for a term of three years ending June 30, 1977, by the following vote: FOR ~S. D~J~HOUSE.~ Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. 7. YOUTH COMMISSION: Mayor Webber called to the at~en~ion of Council that the twD year ter~ Of Hr. Reglnald E. Davis as a member of the Youth Comndssicn expired on Aprll 29, 1974, and called for no~u~natlons to fill the vacancy. Dr. Taylor placed in nom~nation the na~e of Mr. Reglnald E. Davis. There being no further nominations, Hr. Reginald E. Davis was reelected as a member Of the Youth C~sion for a term of two years ending April 30, 197~, by the following vote: FOR MR. DAVIS: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... 7. INTEGRATION-SEGREGATION: Meyor Webber called to the attention of Co%~ncll that there is a vacancy on the Conmn~nity Relations Com~ttee created by the resignation of the Reverend O. Benjandn Sparks for a term ending July 1, 1975, and called for nominations to fill the vacancy. Hr. r.isk placed in ncm~-nation the name of the Reverend E. Ben]am~n 291 292 There being no further nom~nationa, the R~varend B. Benjamin Sanders was elected as a ~m~r o£ the C~unity Relations Cc~mnittee for a term of one year ending July 1, 19TS, by the following ~otes FOR REVEREND SANDERS~ Messrs. Garland, Hubard, Llsk, Taylorw Thomas, Trout and Mayor webber ....................... HEALTH DEPARTMENTs Hayor Webber called to the attention of Council that there Is a vacancy On the Board of Hecta1 Health Services of the Roanoke Valley due to the resignation of Mr. Andrew H. Thompson for a term ending December 31, X974, and called for nom~nations to fill the vacancy. Dr. Taylor placed in nom~nation the name of Hr. Joseph B. Hlnchey, Jr. There beAng no further nominations, Mr. Joseph B. Hlnchey, Jr., was elected as a m~mber of the Board Of M~ntal Health SerVices Of the Roanoke Valley to flll the unexpired term Of Mr. Andrew H. Thompson, resigned, ending December 31, 1974, by the following vote= FOR HR. HXNCHEY: Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ............................... 7. LIBRARIESs The Deputy City. Clerk reported that Mrs. John H. Morrow, Mrs. Elisabeth M. Drewry and Mr. Evans B. Jessec have qualified as m~mbers of the Roanoke publlc L~brary Board for terms o~ three years each ending June 30w 1976. Dr. Taylor moved that the report be receive~ and filed. The motion was seconded by Mr. Trout una tulan~ously a~opted. OTHER H~XNGS OF CXTXZENS= NONE. There being no further business, Mayor Webber declared the meeting adjourned. ATTEST= Deputy City Clerk APPROVED Mayor 293' COUNCIL~ I~F, GULAR MEETING~. H~:~'t~y, July 22, 1974. The Council of ~he City of ~oanoke met ~n regular meeting in the Council Chamber in the Nuniclpal Building, Monday, duly 22, 1974, at 2 p.m., the regular meeting hour, with Mayor ~oy L. Webber presiding. PP~ESENT= Councilmen Robert A. Garlandt William S. Bubard, David K. Llsk, Nos/ C. Tay/or~ ~am~ton W. Thc=as, Jam~s O. Trout {ar=lvsd /ate), and Hayor Roy L. Webber .................................. ABSENT~ Nons ..............................0. OFFICER~ PP~SENT: Hr. Byron E. Ha~er~ City Manager! Hr. Sam H. HcG.~ee, IlK, Assista~t City Ma~agsr~ Hr. H. Bern Jones, Jr., Assista~t City Attor~ey~ Mr. A. N. Gibson~ Director of Finance. INVOCATION= The meeting was ope~led with a prayer by the Revsrend Edwin W. Thress, Pastor, Good Shepherd Lutheran Church. MINUTES= Copy of the m~nutes of the regular meeting held on Monday, July 15, 1974, having been furnished each member of Council, on motion of Mr. Thomas, seconded by Hr. ~.isk a~d t~nanil~ously adopted, the reading thereof was dispe~sed with and the ~u~nutes approve~ as recordsd. HEA/~ING OF C~TIZENS U~ON PUBLIC HATTERS: NONE. PETITIONS AND COMMUNICATIONS: STP~TS AND ~J~LEYS: A petition signed by 32 residents of Quesns Avenue, N. W., concerning the turn-around which is located at the end of the block, calling attention to traf£1o accidents and fences that are torn down as a result Of this turn-around and requesting that something bs done about ths problem, was before Council. Hr. L~sk moved that the petition be referred to the City Manager for investigation and recommendation to Council. The motion was seconded by Hr. Thomas a~d unanimously adopte~. BUDGET-STATE COMPENSATION BOA~D-TP~--~SU~ER: Copy of a communication frc~a the compensation Board addressed to Mr. J. H. Johnson, City Treasurer, relative tn certain salarles of e~ioyees in his office~ advising that the salaries fixed for Mrs. Mary D. Falls and Mrs. May S. Van Clear should remain at $8,425.00 an~ $7,502.00, respsct~vely, that the salary of ~/ss Peggy A. Meredith be raised from $9,178.00 to $9,330.00, that the salary of M~ss Buelah C. Waggoner be raised from $7,636.00 to $?,915.00, that the salary of Hrs. Irens E. Ames be raise~ from $?,636.00 to $7,915.00, and that the ~oard approved the employ~ ment of Mrs. Rose H. Woodard on a permanent basis, at an annual rate of $5,640.00, was befors Council. 29'4: Hr. Thomas moved t~at Council concur ~n the conuunlcatlon ~nd t~at the matter be referred to the City Attorney for preparation of the p~oper measure. The motion was seconded by Pr. Llsk and unan~nouely adopted. R~ORTS OP OPFICE~ -' BUDGET-GRANTS-COHHON~_.~T, TH~S ATTORNEY-' The City l~nager s-~ttted a ~ritten report advising that a grant request for the continuation of a program providing the Circuit Cowrt and the Comaonwealth~s Attorney*e Office with t~o law interne has bean approved by ~he Division of Justice and Crime Prevention, in the total amount of $5,100.00, requesting that the city Hanager be authorized to execute the appropriate rom for acceptance of this grant and 2hat be appropriated to this grant account. Dr. Taylor moved that Council concm: in the report of the City Hanager and offered the following emergency ordinance appropriating the requested funds: (i21692) AN ORDINANCE to appropriate to the City of Roanoke*e 1974-75 Grant Progr~a Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 21.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by H~. Lisk and adopted by the following vote-' AYES.- Hessrs. Garland, Hubard, ~.isk, Taylor, Thomas and Hayor Webber ............................... 6. NAYS: None ................0. (Hr. Trout had not arrived) Dr. Taylor then offered the roller, in7 Resolution authorizing the acceptance, execution and filing of the grant-' (~21693) A RESOLUTION authorizing the acceptance, execution, and filing of the 'Special Conditions for Action Grant Awards= with the Division of Justice and Crime Prevention for an action grant of Federal funds for implementation and continuation of a law intern program in the city. (For full text of Resolution, see Resolution ~ook NO. 40, Page Dr. Taylor moved the adoption of the Resolutlon. The motion was seconded by Hr. Bubard and adopted by the following vote= AYES= Messrs. Garlendw Hubard, Lisk, Taylor, Thomas, and Mayor Webber ................................. 6. NAYS: None ..................0. (Hr. Trout had not arrived) BUDGET-GRANTS-COMMONWEALTH'S ATTO.D/~EY-' The City Manager submitted a written report requesting en appropriation of $10,397.76 to Division of Justice and Cr~me Prevention Grunt NO. 73-A2211, Co~uonwealth*e Attorney Investigator, advising that this represents a carryover of funds for state and federal grants under the new fiscal year procedures. Dr. Taylor moved that Counell concur in the report of the City Hanager and offered the following emergency Ordinance appropriating the requested funds-' (~21694} AN ORDr~CE to amend and reordain a certain section of the 1974-75 General Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 22.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the following vote; AYES; Messrs. Garland, Hubard, Llsk, Taylor, Thomas, and Mayor Webber ............ .----~ .................. 6. NAYS: None ....................0. (Mr. Trout hsd not arrived) I~EGIONAL JA/L= The City ~L~nager submitted a written re~ort advising that en Jul~ 8, 1974, Council approved the p~chase of the James A. Meador parking lot located on Campbell Avenue adjacent to the Police and Juvenile Court facility and authorized the City M~nager to negetiate for the operation of the parking 1crt recon~nending that Counci! authorize the City Hanager to enter into a contract with Hr. ~feador to operate this parking lot on a month- to-month basis with the city to receive fifty per cant of its gross revenue, and~ further, wlth the understanding that Mr. Meador will continue to pay, from his fifty per cent, the cost of the ~loyees, the merchant taxes an~ provide the necessary Insurance to protect the city of any liability with respect to the ~arkiog lot operation. (For full text, see report as filed In the City Clerkts Office.) }tr. Ltsk offered a proposed Ordinance concurring in the report of the City Manager. After a discussion as to the subfldttal of bids for o~eration of the parking lot, }ir. Thomas offered a substitute motion that the matter be referred back to the City Manager for report by the next regular meeting of Council on Monday, July 29, 1974, as to the P°ssibility of eall~_ng for bids on the operation of the public parking lots on land which is to be acquired by the city for the new jail facility, the parking lots to contlnu~ In operation until the ]a~l constru actually begins. The motion was seconded by Hr. Garland and unanimously adopted. ~ICYOY.~: The City Manager submitted e written report in connection with a feasibility study made by the Director of Safety and Security as to re? qulr~ng registration a~d ~nspectlon of bicycles, advising that the study outlines the advantages and disad.vantages of such a program, concludi~ that the scope of the problem of bicycle thefts, given the rate of return to owners, does not support the costs and inconveniences to the citizens that such a registrat£on program would entail, that it appears legislation in this area ts not the best course of action, and eoncurrLng ~n the study recommendation that a special effort be ~de to encourage the marking of bicycles ~der the HiT (a~ti-burglary) program, utilizing equipment already available for loo_n at fire stations. (For full text of feasibility study, see report as filed in the city Clerk ~ s Office.) tlon 295 ~lr. Liak took issue vith the feasibility study advising that the citizens, safety organizations and members of the Police Department are all in favor of bicycle registration and that the procedure ~ould not be nearly as expensive as tho report makes it out to be. Kr. Thomas moved that Council concur in the report of the City Nanagero The motio~ was seconded by ~Lr. Garland and adopted, l~r. List voting no. WATER DEP~JtTHENT~ The City H~nsger submitted a -~ltten report advising that the city has a water line agreement c~ted June 4, 1974, with Double Corporation for the extension of approx~tely 600 feet of eight inch water line in the Crossroads Hall area to serve the new Kroger Store, that it is necesaa~' for Double 'T' to deed to the city an easement for this water line and requesting that Council, by Resolution, accept this deed of easement. After a discussion o£ the report, H~. Thomas moved that the matter be referred back to the City ltanager for further report relative to the 40 foot wide easement. The motion was seconded by Hr. Hubard and unanimously adopted. ZONING: The City P~nager submitted a ~rltten report transmitting a simplified matrix relating permitted land uses to their appropriate zoning districts as prepared by the Roanoke D~partment of City Planning, advising that it is hoped that this information will assist the members of Council in their delibe~ rations on rezoning matters. ~r. Hubard ~oved that the report be received and flied. The motion was seconded by Dr. Taylor and unanimously adopted. ZONING: The Assistant City Attorney submitted a written report relative to Section 44 of the Zoning Ordinance which provides that the Ordinance shall be adm~nlatered and enforced by a Zoning Administrator 'who shall be the Building Commissioner,' advising that during the recent internal reorganization of the clty~s a~nistration, the City Manager determined that the Building commissioner should no longer be the Zoning A~m~nistrator, but, rather, that such position would be more efficiently operated by an indivldual charged solely with the responsibility of administering the Zoning Ordinance, and, in order that the City Code be made consistent with the foregoing, it is recomend- sd that Council set this matter for public hearing on August 26, 1974, at ?=30 p.m., in accordance with Section ?1 of the Zoning Ordinance. Mr. Hubard moved that Council hold a public hearing on the question of ~ending the Zoning Ordinance in accordance with the recommendation of the Assistant City Attorney for ?:30 p.m., Monday, August 26~ 19~4, in the Council Chamber. The motion was seconded by Mr. Lisk a~d tmani~ously adopted. At this point, Mr. Trout entered the m~eting. BUI~GET-BUSES~ Council at Its last =egul&r mooting on. Honday~ July 1974~ having requested that the Director of Finance analyse the financial stateme~ltl as submitted by Roanoke city Lines, Incorporated, the Director of Finance a~mitted a written report advising that he contacted Hr. J. Wleter Stowe~ President, Roanoke City Lines~ Incorporated, for certain information concerning the location and a~dit status of these statements, that the records and books of the company are kept and maintained in Dallas, Texas, and that Hr. Stows did not know whether an audit by public accountallts was made Of the company on a basis which would permit a valuation of the local operation, the Director of Finance advising that it is his opinion that the statements submitted by the col~pany'are a fair reflec- tion of the financial condition Of the company and that his opinion necessarily is based on the apparent consistency of the history of the company as submitted to the city in financial reports over the years and in tho general reputation developed by the present and past officers of the corporattont and, without considerable effort, an accurate factual judgment cannot be mode. {For full text, see report as filed in the City Clerk*s Office.) Hr, Trout offered the following emergency ordinance appropriating $36,000.70 to Contractual Services under Section J896~ 'Transportation,' of the 1974-75 budget, to provide the necessary funds to s~bsidize Roanoke City Lines, Incorporated: (~21695) A-N O.RDFNANCE to a~end and reordain Section ~096, #Transporta- tion,' Of the 1974-75 Appropriation Ordina~ce, and providing for an emergency. (For full text of ordina~ce, see Ordina~lce Book NO. 40, Page Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote.' AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Hayor webber .................................... 6. HAyS: Hr. Llsk .................1. In a discussion of the matter, Hr. Lisk advised that he is voting against the subsidy but not against the put-pose for which it ts intended, Viz., higher wages for the drivers. Hr. Garland than offered the following emergency Ordinance conditionally emending the contract between the City Of Roanoke and Roanoke City Lines, Incorporated. Hr. Hubard offered a substitute motion that the proposed Ordinance be emended to provide that the City of Roanoke pay the company the sum of $24,000.0 per month, or, the net monthly loss of Roanoke City Lines, Incorporated, whichever is the lesser. The motion failed for lack of a second. Hr. Garland once again offered the followlng emergency Ordinance conditionally amending the contract between the City of Roanoke and Roanoke City Lines, Incorporated: 297 1'298 (J21696) ,Mi ORDI~NCI~ conditionally smPnding paragraphs (1) and (15) of the contract dated August i, 1951, between the City of Roanoke and ~oanoke ~allvay i Rlectxic Company and Safety Notor T~ansit Co~oration, relating to public bus transportation~ So aa to provide for payment by the city to Roanoke City Lines, Incorporated~ of certain ames for the month of July, !974, and thereafter until such contxact be £uxther amended or terminated as herein pro- vided! and providing for an emergency. IFor full text of Ordinance, see Ordinance Book No. 40, Page 23.) Hr. Garland moved the adoption of the ordinance. The motion vas seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Taylor, Thomas, Trout and Mayor. Webber ............................................... 5. NAYS~ Messrs. Hubard and Lisk .............2. AUDITS: The Director of Finance suhm~tted a monthly financial report Of the City of Roanoke for the month of June, 1974. Hr. Llsk moved that the report be recelved and filed. The motion was seconded by Hr. Trout and unanimously adopted. LUDGET-DEPARTHENT OF PUBLIC ~ELFA~E: The Director of Finance suhm~tte~ a statement of expenditures for public welfare for the month ended J~t~e 28, 1974. Hr. Thomas moved that the statement be received and filed. The ~otion was seconded by Dr. Taylor and unanimously adopted. REPORTS OF ELE~IONS: Councll having previously concurred Ina report of the City Attorney relative to legtslatlon which permits the establishment of a central absentee voter election dlstrict tn the courthouse for the purposes of receiving, counting a~d recording all absentee voter ballots cast within the City of Roanoke, however, the City Attorney advlslng that Coonc11 would be better ad¥ised to defer until the month of January, 1975, the ~mplem~ltation of the previsions authorized in the legislation, Hr. Andrew H. Thompson, Chairman of the Electoral Board, appeared before Council and presented a report that the procedure be adopted and made effective for the November 5, 1974, General Elect~on. (For full text~ see report as filed in the City Clerk's Office.) Mr. Thomas ~ved that CoUncil concur in the rec~endation of the Electoral Board. The motion was seconded by Hr. Trout and adopted, Mr. Hubard voting no. Mr. N~bard called to the attention of Council that on Monday, July 1974~ Council concurred in a report of the City Attorney reco=~ending that the procedure not be initiated ~ntil January, 197~, and that in the above motion Council is reversing its decision. After a discussion aa to proper notification and the time element involved with the State Board of Elections, Hr. Y~out moved that the City Attorney be instructed to prepare the proper measure amending the code of the City of Roanoko~ 1955~ as amended, in accordance with the rec~ndation o£ the Electoral Board, by the next rep~lar meeting of Council on Honday~ July 29~ 1974~ in order for Council to discuss the matter with the City Attorney aild decide at that time vhether or not it is in the best interest o£ the City of Roanoke to hitiate the procedure at the November 5, 1974, General Election. The motion was seconded by Dr. Taylor and unanimously adopted. UNFINISHED BUSINESS: NON~. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND I~ESOLU~IONS~ BUSES: Hr. Garland offered the following Resolution relating to the. acquisition of certain rea! estate needed to be a~quired for the operation of public bus transportation facilities: (J21697) A RESOLUTION relating to the city's acquisition of certain real estate needed to be acquired for the operation of public bus transporta- tion facilities. (For full text of Resolution, see Resolution Book No. 40, Page 25.) Hr. Garland ~oved the adoption of the Resolution. The motion was seconded by Mr. List and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ 7. NAYS: None ...............................0. MOTIONS AND MISCEIJ~NEOUS BUSINESS: COMMITTEES-LEGISLATION-CHARTER: Mr. Eubard presented a communication relative to combining the City Charter Changes Committee and the Legislative Advlsory Ccu~tttee, advising that it would seem appropriate to combine these two co, trees and suggesting that the consolidated o0~hittee c~ence deliberations soon as to any needed changes in the City Charter as well as ally appropriate legislation. Hr. Hubard moved that Councll concur in the communication. The motion was eeconded by Mr. Trout and unanimously adopted. ANNEXATION-CONSOLIDATION: Mayor Webber presented a co~munlcation frc~a Hr. G. W. Nicks, Mayor, Town Of Vlnton, transmitting copy Of Resolution No. 54? adopted by the Town Council of the Town of Vinton in which the Town of Vinton, through its Town Council, Town Manager, Town Officials and Special Annexation Counsel, will endeavor ~o negotiate with the City of Roanoke, the City of Salem a~d the Coullty of Roanoke a consolidation agreement to be subm/tted to the qualified voters in each locality in an election as soon after the plan of consolidation is agreed upon as is pesslble. 299 Hr. Trout offered ~he fOllowing Resolution relative to ~he mat~er= (J21698) A ~O~]ON rela~g ~o pa~icA~ion ~ c~sollda~lon ag~e~ ~d ~efer~d~ vl~ ~e ~ of V~J ~d dlrec~g ~e ci~M'? co~sel pr~eed wl~ ~a ~lal of cez~a~ ~d~g ~a~ion cases. (For full ~ of ~solu~ion, see ~solu~lon ~ ~o. 40, Page 26.) ~. ~ou~ ~ved ~e adop~l~ of ~e ~solu~lon. ~e ~ion was seconded b~ ~. ~Ask ~d adopted b~ ~e foll~g ~e~ A~S~ Messrs. G~l~d, H~a~d, Lisk, Taylor, ~s, ~out ~yor Weber ..................................... ~YS~ None ............................ 0. ~ ~NGS OF T~ ~s. ~y ~gho~e~ 603 Harrison Av~ue~ N. W.~ speared ~fore Co~c~ ~ e~ressea ~nce~ over ~e r~sing cost of her elec~c a~v~s~g ~at her b~l has r~s~ fr~ $30.00 - $35.00 to $5~.00, ~at she has ~ tol~ by ~e ~palach~ Power C~p~y ~at $13.00 of ~at ~t r~s~ng cost of ~uel wh~ ~s r~flected ~ ~e cons~r bills~ ~at twenty cent ~s a utility t~ r~ire~ by ~e C~ty of ~oke ~ requeste~ ~at w~s over 65 years o~ age be ex~pte~ fr~ paying ~e t~. ~yor W~b~r re~este~ ~at ~s. ~gho~e place her r~uest ~t~g ~a fo~ar~ ~t to h~ ~ or~er for it to ~ place~ on Co~cll~s agenda referred to ~e proper au~ority for study. ~ere ~g no f~er business, ~yor Webber declar~ ~e meeting APPROVED A~ST= Deputy C~ty Clerk ~yor J COUNCIL, P. EGULAR MEETING, Monday, July 29, 1974. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, July 29, 1974, at ?~30 p.m., with Mayor my L. webber presiding. . PP~SENT: Councilmen Robert A. Garland, David K. Llsk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber ........ 6. ABSENT: Councilman William S. Hubard ......................... 1. OFFICERS pItESENT: Hr. Sam H. HcGhee, III, Assistant City Hanager~ Hr. Jam~s N. Kincanon, City Attorney; Hr. H. Ben Jones, Jr., Assistant City Attorneyt and Hr. A. N. Gibson, Director of Finance. INVOCATION: The meeting was opened with a prayer by the Reverend M. L. Minnick, Sr., Retired Lutheran Minister. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 22, 1974, having been furnished each member Of Council, on motion of Dr. Taylor, seconded by Mr. Thomas, and unanimously adopted, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS: STREETS AND ~/ff~EYS: Council having set a ptlblic hearing for 7:30 p.m., Monday, July 29, 1974, on the request o£ Roanoke Hospltal Association that that property fronting in the 1700 block of Hamilton Terrace, S. E., and the 1600, 1700 and 1800 blocks of Beilevlew Avenue, S. R., designated on Sheets 406 and 404 of the Tax Appraisal Map of the City of Roanoke as Official Tax Nos. 4060201, 4040831, 4040833, 4040830, 4040829, 4040828, 4040827 and 4040826, be rezoned from RD, Duplex Residential District, to C-2, General Co~mercial District, the ~tter was before the body. In this connection, the City planning Commission submitted a written report recon~n~nding that the request be granted provided that that portion of this property located ai~3ve the extended property line of lot 1428 be excluded from the recon~nanded rezoning action. (For full text, see report as filed in the City Clerk"s Office.) Hr. John P. Grove, Attorney, representing the petitioner, appeared before Coancll in support of the request of his client. No one appearing ~ opposition to the request for rezonlng, Mr. Thomas moved that the following Ordinance be placed upon its first reading: (121699) A~ ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of The Code Of the City of Roanoke, 1956, as ~m~nded, and Sheet Ntt~lbers 406 and 404, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 40, Page 37.) 301 . The :motion ~as seconded b~ Dr, Taylor and adopted by the following vote ~ A~ ~8s~8, G~l~d~ ~sk~ Taylor, ~s~ Trou~ ~d ~yor ~z ............................. 6. ~YS~ None .............. 0. (~. H~ard ~s~t) ST~TS ~D ~SS Co~cll having set a p~lic hear~g p.m., ~nday, July 29~ 1974, on ~e re,est of ~e ~on Co~ration ~At ~a2 certain ~o~ned alley, approx~tely 10 feet wide ~d 294 feet long, ext~dlng p~allel wl~ ~ell Argue, N. E., t~ ~ easterly direction fr~ Sev~ Street, N. E., to 1~ ~tersection wi~ ~e right ~e Norfolk ~d Weste~ ~llway C~y~ ~ vacated~ discontinued ~d clos~d~ ~e ~tter was ~fore ~e ~y. In ~is co~ection, ~e City Pl~g C~ssion s~tted a ~itten re~rt rec~d~g ~at ~e request be grated. (For full text, see report as f~lea ~ ~e City Clerk's Office.) The viewers ~olnted to v~w ~e alley s~tte~ a written report advising ~at ~ey viewed said alley, ~d ~e ne~g~or~n~ property~ s~ject to ~ ~nterests of ~e City of Ro~oke, ~ey are ~usly of ~e opinion ~at no ~nconven~ence would result eider to ~y ~nd[v[dual or to ~e ~l[c from vacating, discontinuing ~d clos~n~ s~. No one a~ar[ng ~n op~sit[on to ~e request~ ~. Trout moved ~at ~e foll~ng Oraln~ce be placed upon ~ts f~rst reading: (~2[~00) ~ O~ ~e~ently vacat~g, d~scont[nu~g clos~g ~at certa~ alley approx~tely ten feet ~n wid~ ~d 294 feet long, extending parallel to Mctel1 Av~ue, N. E., ~n ~ easterly d[rectlon from Seven~ Street, N. E., to its intersection wi~ ~e right of way line o~ property of ~e Norfolk ~d Weste~ ~llway Co~y ~ ~e City of Virginia. The ~t[on was seconded by ~. L~sk ~d adopte~ by ~e foll~ng A~: ~ssrs. Garl~d, Lisk, Taylor, Tho~s, Trout ~d Webber .................................. NAYS= None ...................0. (~. H~ard ~s~t) S~ ~ S~ D~NS: Cocci1 having set a p~l[c hearing for 7=20 p.m., ~nday, July 29, 19~4, on ~e question of cons~ct~g a sections o~ ~e City of ~oke, ~e ~tter was before ~e b~y. ~. C. A. W~, III, Atto~ey, repressing ~e Fairl~d Lakes Civic ~a~e, appe~ed before ~e ~y ~d ass~ed ~e ~ers of Co~c~l ~at ~e res~d~ts of Fa[fled ~es w~t a s~ita~ sewer project, h~ever, they have certain questions which they feel should be answered ~n detail at this time. that they would like to have the cost of this project deter~ined before Council decides to proceed with it, that they are of the opinion that ~ha city should bear ei~nificantly more than one-half of the cos2 of the project due to certain reasons and that the residents are further of the opinion that referral to a committee appointed by Council for further negotiation and dis- cussion before that committee and then final action before Clty Councll would be warranted. Approximately fifteen residents attended the meeting relative to the matter. After a discussion of the matter in which it was pointed out that the proposed Ordinance before Council ~erely Initiates the sanitary sewer project, provides for the appointment of a co~nittee to begin design of the project, establishment of cost, and holding of public hearings, with a report and recommendation to City Council for flnal decision, Mr. Trout offered-the following emergency Ordinance: (t21701) AN OI~DINANCE authorizing the construction of sanitary sewer mains and laterals to serve certain properties in the Falrland Lakes and Glona¥on sections of the city, one-half o£ the total cost of which is proposed to be assessed upon tho abutting landowners when the cost shall have been ascertained and the other proceedings held as provided by law; creating a committee to ascertain the cost of such improvements and to apportion and assess such cost equally between the City and abutting landowners who may be served by said sewer, and before whom said land~wners may appear with reference to such apportionment or assessments; providing for notice to abutting lendownors of the hearing or hearings before said com=nittee; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 27.). Mr. Tront moved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote= AYES= Messrs. Ltsk, Taylor, Thomas, Trout and Mayor Webber ....5. NAYS: Mr. Garland .............................................1. (Mr. Habard absent) PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A co~%mlcation from the Roanoke City School Board requesting that $592,468.63 be appropriated to certain accounts wlthin the 1974-75 budget of the Roanoke City school Board, advising that the appropriation is requested for the purpose of transferring funds from fiscal year 1973-74 end to cover new expenditures and encumbrances until certain programs are renewed or completely terminated, was before Council. 303 M~. Thomas ~oved that Council concu~ ~n the request of the l~oanoke City School Board and offered the £ollo~Lug emergency OrdLu~ce~ (t21702) AN ORDINANCE to amend and reordaf~n certain sect~.ons of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinallcet see Ordinance Book No. 40, Page 28.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Garland, Llsk, Taylor, Thomas, Trout and Mayor Webber ...................................... 6. NAYS: None .......................0. (Hr. Hubard absent} MISCELLANEOUS: A communication from Mr. Allen E. Pritchard, Jr., Executive Vice President, National League of Cities, relative to the Urban Observatory Program, inquiring as to whether Or not the City of Roanoke would be seriously interested in being considered as a participant in this new demonstration program that HUD now proposes to fund beginning in the fall of 1974, was before Council. }ir. Lisk moved that the co=~uunication be re£erred to the City Hanager for study, report and reco=uendation to Council. The motion was seconded by kir. Thomas and thna/limously adopted. P~PORTS OF OFFICERS: WATER DEPARTHENT: The A~sistant City Hanager sub=tttted a written report of the City Hanager in connection with a water line agreement dated June 4, 1974, with Double 'T' Corporation for the extension of approximately 600 feet of 8-inch water line in the Crossroads Mall area to serve the new Kroger Store, advising that previously there was som~ question from councll with respect to the easement which would contain this water line being 40 feet in width since this is not the normal easement width for the construction of a water llne, pointing out that he has been in touch with Hr. Paul B. Matthews, representative for the lease holders, and has been informed that this 40-foot easement is under the private street intended only for the lease holders and they have no inte/ltion of seeking public street status and that the pul-pose of this 40-foot easement is to provide the capability of further connections to adjacent property owners who might like to utilize this 8-inch water service. Hr. Thomas offered the following elaergancy Ordinance= (%21703) AN ORDINANCE authorizing the proper city offlcials to accept from Double T Corporation, and cause to be recorded, a deed donating a forty (40) foot wide easement to the city for water line extension purposes over certain real estate belonging to said corporation, in Roanoke County for the nominal consideration of Ten Dollars ($10.00) ~ and providing for an ~mergency. (For full text of Ordinance, see Ordinance Book NO. 40, Page 29.) Mr. Thomas moved the adoption of the Ordinance. Tho motion vas seconded by Mr. Trout.and adopted bythe following vote: AYES~ Messrs. Garland, Llsk; Taylor, Thomas~ Trout and Mayor Hobber ................... T ................. 6. NAYS: Hone ..................T---0. (Mr. Hubard absent) SALE OF PROPERTY-REGIONAL JAIL: The Assistan2 City Manager submitted a written report of the City Manager relative to a recnm"~udation made to Council on July 22, 1974, with regard to.the continued operation of the parking lot located on Campbell Avenue, previously owned by Mr. James A. Meador, advising that with the expressed interest of additional parking lot operators in operating this facility, it Is proposed to solicit sealed bids for the operation of this and other parking lot facilities which the city would propose to make available and these bids will be opened before Council in the near future. Mr. Trout moved that the report be received and filed. The motion was seconded By Mr. Lisk and adopted. AIRPORT: The Assistant City Manager s~tted a written report of the City Manager requesting that Counc£1 appropriate the necessary funds and authorize the execution of Change Order No. 3, in the amount of $6,359.51, to the contract with Watts and Breakell~ Incorporated, for certain work as uut- llned in Change Order NO. 3, in the Terminal Building at Roanoke ~unicipal (Woodrum) Airport, and, further authorize the reduction of the retainage from ten per cent to five per cant. (For full text, see report as filed in the City Clerk's Office.) Mr. Thomas offered the following ~m~rgency Ordinance appropriating $6,359.51 to Ternu~nal Butldlng Addition under Section ~550, 'Municipal Airport Fund,' of the 1974-?~ budget, to provide sufficient funds for said change order= (~21704) AR OI~DINANCE to amend and reordaln Section ~550, 'Municipal Airport Fund,' of the 1974-75 Municipal Airport Fund Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 30.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote= AYES= Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. 6. NAYS= None ...................0. {Mr. Hubard absent) Mr. Trout offered the followlng e~n~rg~cy Ordinance relative to the reduction of the retainage= ~8'05 (~21705) AN O~XNA~C~ authorizing the issuance of Change Order NO. 3 to the city~m contract with Watts and BreakelX~ Ins., authorized by Ordinance No. 20659, for certain alterations and additions tO the Terminal Building at Roanoke Municipal Airport, upon certain terms and conditions, by providing for reduction of the amount of retainage to be held by the city under the ter~s of the contract until its full completion! and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 31.} Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Hayor Webber .................................. 6. NAYS: None ...................0. (Mr. Hubard absent) At this point, ~4r. Klncanon requested permission to be heard as beth a citizen and as Co-Chairman of the Bicentennial Commission; whereuponw he advised that flags indicating that the City of Roanoke is participating in the Bicenterulial celebrations are going to be displayed at the Roanoke Civic Center, the Transportation Museum, and the Hill Mountain Zoo; however, when he discussed the display of the flag with the Manager of Roanoke Huniclpal Airportt he was told that there are no flagpoles presently located at the airport, Mr. Kincanon expressing the opinion that now would be the perfect tilde to issue a change order to the contract with Watts & Breakell for the erection of possibly four flagpoles at the airport for dlsplay of the national, state, city and bicentennial flags. Hr. Trout moved that the question of erection of flagpoles at Roanoke Hunlcipal (Woodrum) Airport be referred to the City Hanager and the Airport Advisory Commission for study, report and recommendation to Council. The motion was seconded by Hr. Lisk and adopted. Hr. Lisk then moved that the change orders as requested by the City Manager in his report under date of July 29, 1974, be referred to the City Attorney for preparation Of the proper measure. The motion was seconded by Dr. Taylor and adopted. SALE OF PROPERTY-MISCELLANEOUS: The City Hanagsr submitted a written report in connection with an exchange of land between the City of Roanoke and Waddell Brothers, Incorporated, on Read Road, N. E., ad~acent to the Water Department operations property, Official Tax No. 3140801. (For full text, see report and ~p as filed in the City Clerk's Offlce. ) Dr. Taylor ~ved that CouJlcil concur in the report of the City Hanager and that the following Ordinance be placed upon its first reading: (J21706) AN OP~IHA~CE authorizing ~he exchange of certain real property l~a~e~ ~n ~oke Co~y ~ ~e no~ of Hollins ~a~ N. E. ~ ~t~een ~e City of ~oke ~d ~addell'Bro~e~a~ Ino.~ au~orlz~g ~e p~o~r city officials to execute ~d deliver to Waddell Brokers Co., Inc., for on behalf oi ~e city, a prope~ deed ~ a parcel of l~d containing 458 square feet~ In c~siieration of a g~eral varr~ti deed, executed by ~addell Brokers Co. ~ Inc., convey~g to ~e City of ~oke a parcel of land contain- in9 ~02 square feet.' (for full text of Ordin~ce~ see Ordinate B~k ~o. 40, Page The ~tion ~as seconded by ~. Tho~s ~d adopted by ~e roll.in9 vote: AYES~ Messrs. Garl~d, Lisk, Taylor, ~o~s, Trout ~d Mayor Weber ...............................6. NAYSl None ................0. (~. H~ard T~FIC= The ~sist~t City M~ager s~tted a written report of ~e City ~ager in co~ection wi~ a co~ication fr~ ~e Not.west Neig~r Alli~ce requesting ~at a traffic light be installed at ~e intersection Gl~r Avenue and Fif~ Street~ N. W.~ advis~g ~at traffic co.ts do not j~tify ~e installation of a traffic sisal at ~is intersection. {For full text, see report as filed in ~e City Clerk's Office.) ~. Lisk moved ~at Co~cll conc~ in ~e re~rt of ~e City ~ager at ~is t~e. The motion was seconded by ~. Garl~d ~d ~ously adopted; A~-COLIS~= The ~sist~t City ~ager s~tted a written re~rt of ~e City ~ager relative to ~ailer-c~r hookups wi~in ~e parking lot at ~e Ro~oke Civic C~ter, reco~d~g ~at a h~kup charge for se~ice be ~stituted in order ~at ~e city ~ght be re~ursed for ~e e~ense of providing such utility semites, ~at Co.oil au~orize a h~kup charge of $~.50 per ~it ~d ~at ~is h~kup charge car~ wi~ it a 3-day se~ice privilege ~d f~er rec~ending'~at a ch~ge of $2.50 per day be instituted for each additional day after ~e ~itial hookup charge. ~. Tho~s ~ved ~at ~e report be referred to ~e Roanoke Civic Center ~d Stadl~ Adviso~ C~ssion for study, report ~d reco~ndation to Cocci1. The motion was seconded by ~. Trout ~d ~usly adopted. G~S: ~e ~sist~t City ~ager s~tted a written report of City ~ager advising ~at a gr~t r~uest for ~e continuation of a pr~r~ support~g the activities of ~e Ro~oke ~ea D~g ~use ConSol Co~cil has ~en approved by ~e Division of Justice ~d Cr~ Prevention, ~ ~e total ~t of $46,405.00, ~at ~is progr~ will ~ a~nistered by ~ACC ~d will involve no city f~ds ~d requesting ~at ~e City ~ager be au~orized to ex,cut appropriate fo~ for accep~ce of ~is gr~t ~d agree~g to ~e provisions ~d conditions contained the .H~. Garland moved that Council concur ~n the request of the City Hanaqer and offered tho following Resolut~tun; (f21?O?) A ItESOLUTIOH authorizing the acceptance, execution, and filing of the 'Special Conditions for Act/on Grant Awards' with the Division of Justice and Cr~ Prevention for an action ~rant of federal funds for use wlth a d~ug abuse prevention, treatment and control progr~ in the city. (For full text of Resolution, see Resolution Book Nee 40, Page 32°) ~Lro Garland moved the adoption of the Resolution. The motion was seconded by ~ro Trout and adopted by the following votes AYESz Nesars. Garland, Llsk, Taylor, Thomas, Trout and Hayer Webber ................................... ~AYS; ~one ....................0° (Fr. [~ubard absent] ELECTIONS: The City Attorney submitted a written report relative to the proposed establishment of a central absentee voter election district, advising that he has prepared two measures relating to the matter, one that would lndlcate the Counciles decision to defer until at least the month of January, 197§, the decision upon establishment of a central absentee voter election district in the courthouse; and a second that would purport to imple- ment the provisions of Section 24.1-233.1 of the Code of Virginia authorizing such action on the part of any local governing bc~y but providing that thc action be taken annually, in the month Of January of each year. The City Attorney verbally pointed out that the law says that a locality must vote each January on the creation of a central absentee voter election district, but says nothing about an exception for this year; however, the Attorney G~nerai has ruled that the law can be used for this year. Upon questioning from }tr. Thomas as to whether or not, in his opinion, it would be legal to follow this procedure in the November G~neral Election, the City Attorney replied that in his opinion it would not be legal; however, his opinion is net shared by tho Attorney General. Mr. Garland offered the proposed Ordinance establishing a central absentee voter election district in the courthouse building. The City Atto=ney pointed out that the proposed Ordinance, as written, is not prepared as an emergency, that it would take two readings before Council before it becomes effective; however, it can be revised if Counci! so desires. Mr. Garland moved that the Ordinance be amended in order to mike it effective immediately. The ~otion was seconded by Mr. Lisk and adopted. Mr. Garland then offered the followlng emergency Ordinance as amended: (J21708) ~ OIU)X~CE establishing & central absentee ~ter elec- t~on d~s~lct ~n ~e Co~o~e bulldog ~n ~e C~ty of ~oke~ ~nding Chap~e~ 2, Precincts ~d ~tin~ plades, of Title IV. Elections of The C~e of ~e City of ~oke, ~956, as ~ded, by ~e addition oi a ne~ section to be n~ed Sec. 69. p~ovld~ for es~lis~b of a c~al ~s~tee voter election dis~lct In ~e Cou=~o~e Buildin9 ~ ~e city~ ~d p~ovid~n9 fo~ ce~n notif~cations to ~ q[v~l ~d p~ovldln~ for ~ (For full text of Ogdin~ce, see Ord~ce B~k NO. 40, Page 33.) ~. Ga~l~d ~ved ~e adoption of ~e Ord~ce. ~e ~tion ~as seconded by ~. Ltsk ~d adopted b~ ~e foll~ing voke~ NAYS~ ~or ~ebbe~ .......................................... (~. H~ard ~aent) S~ OF P~PER~-P~ING ~GE~ The C~ty At2o~ey s~tted a joint repogb of ~e City Atto~ey ~d ~e city ~ageg relative to ~e ac~fsftfon of property ~ed by ~orge B. Lawson, Jr., Ka~erfne ~wson ~d Julia ~wson ~ldge~ for a p~chase prfce of $89,000.00~ sa~ prop~rty being needed for ~e p~lfcly ~e~ off-s~eet p~k~g facility on Church Avenue, S. W. ~ advising of a certain co~teroffer of ~e property o~ers of ~96,000.00 ~d reco~ndfng ~at ~e co~teroffer be accepted. (For full text, see report as ffle~ fn ~e City Clerk's Office.} ~. Lfsk ~ve~ ~at Co~cil conc~ in ~e ~oint report of the City Atto~ey ~d ~e City ~ager ~d offered ~e roll.lng ~rgen~ Ordin~ce= (%21~09} ~ O~I~ ~endfng Ord~ce No. 21398, adopted ~rch 4, 19~4, providing for ~e city's acquisition of certain property w~ted needed as part of ~e site for a p~lfcly ~ed off-s~eet parking facility, ~ ~e City of Ro~oke~ by au~orfz~g pa~t of ~e s~ of $96,000.00 as a purchase prf=e ~erefor~ ~d provf~g for ~ ~rg~. (For full text of Ord~ce, see Ordfn~ce B~k No. 40, Page ~. Lfsk moved ~e a~o~on of ~e Ordin~ce. The ~tion was seconded by ~. Trout ~ adopted by ~e roll.lng vote: A~S= - Messrs. G~I~, Lfsk, Taylor, Th~s~ Trout ~d ~yor Webber .................................. 6. ~YS= None ................... ~. (~. H~ard CO~CI~PURC~ING A~= ~e' City Atto~ey s~tted a written re~rt relative to whe~er or not ~der provisions of ~e law or of ~e City Charter, a ~er of ~e City Co.c fl ~y p~tfcfpate as a m~er of a c~ttee appointed by Cocci1 for ~e p~ose of o~g bids wh~ ~e ~jorfty of that co~ttee fs co~osed of o~er ap~tees of Co.=fl or ap~lntees of ~e City ~ager, advising ~at Section ~ of ~e City Charter l~ts ~e m~rs of Co~cfl ~ ~efr relationship to officers ~d ~loyees 309' in the a~l~lst~ative eez-~lca of the city but does not, in his opinion, apply to the purely ministerial function of receiving, opening, tabulating and reporting bids ~ade to the city by prospective cont~Cactors with the city~ and, if the City Council deems it necessary or beneficial to have Councllw itself, represented on'such a committee, It is completely within the po~er of Council so to do. Hr. Thomas moved that the report be referred to Council acting aa a Committee of the t~nole for consideration at its next meeting relative to the subject. The mot-ion was seconded by Hr. Trout end adopted. NOUSING-SLUJt CLEAI~CE-STREETS A~D ALLEySl Council having referred to the City Planning Conanission for study, report end recommendation the request of the City of Ronnoke Redevelopment and Bousing Authority that cer- tain streets, avenues and alleys within or bordering the area of the Dovnto~n East ~rban Renewal Project VA R-42 .fa P-he southeast section of the City of Roanoke be vacated, discontinued and closed, the City Planning Commission submitted a written report rec~nuending that the request be granted. Hr. r.isk moved that Council hold a public hearing on the request at 7:30 p.m., tionday, August 26, 1974, in the Council Chamber. The motion wes seconded by Hr. Trout and unanimously adopted. STREETS A~D ALLE¥.c~ Council having referred to the City Planning Commission for study, report end reco~endatlon the request of Hr. Lee A. Johnson, et ux., that certain alleys .in Block 4 of the Hap of t~eaver Heights Corporation, known as Grandin Cou~t, between Lo£ton Road, nivingston Road, 6uilford Avenue and Barbara Road, S. ti., be vacated, discontinued and closed, the City Planning Co=~ission submitted a written repork recommending that the request be denied. Hr. Trout moved ti~at action on the report be deferred until the next regular meeting oi Council on Honday, August 5, 1974, pending notification from the attorney representing the petitioners es to whether or not his clients desire a public hearing on the matter. The motion was seconded by Hr. Thomas and adopted. P~PORTS OF COHIiI~TEES.- NONE. CONSIDERATION OF CLAIHSt NONE. INTRODUCTION AJID CONSlDERATIOI~ OF ORDINANCES A~D P. ESO[UTIONS: BUDGET-COHPI'~'HSATION BOARD-TREASURERt Cooncil having directed the City Attorney to prepare the p~oper measure relative to a communication from the Compensation Board under date of July 5, 1974, concerning certain salaries of e~ployees in the office of the Treasurer of the City of Roanoke, Hr. Thomas offered the follo~eing emergency Ordinance: (J2l?10! AH O~DXNANCE to amend and reorda~n Section il08, 'Treasurer,' of the 1974-75 Appropriation Ordinance, and provid~ng for an emergency. (For full text of Ordinance, see ordLuance Book No. 40, Page 36.) Hr. Thomas moved the adoption of the Ordnance. The motion was seconded by Hr. Trout and adopted by the following vote: AYES~ Messrs. Garland, Llak~ Taylor, Thomas, Trout and Mayor Webber ................................. 6. NAYS: None ..................0. (Hr. Hubard absent) BUDGET-GRANTS-TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY: Hr. Lisk offered the f. Il.wing emergency Ordinance appropriating $166,120.00 to Bummer Program for Economically Disadvantaged Youth under Section %972, 'Public Employment Program,' of the 1974-75 budget: (%21711) AN O~DINANC~ to appropriate to the City of Roanoke's Grant Program Account~ and providing for an emergency. (For full text of Ordinance, see ordinance Book No. 40, Page 36.) Hr. Lisk ~oved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the f.il,wing vote: AYES: Messrs. Garland, hisk, Taylor, Thomas, Trout and Mayor Webber ................................. 6. NAYS: None ..................0. (Hr. Hubard absent} MOTIONS AND MISCELLANEOUS BUSINESS: HEALTH DEPARTMENT: The City Clerk reported that Mr. Joseph B. Binchey, Jr., has qualified as a member of the Board of Mental Health Services of the Roanoke Valley to fill the unexpired term of Mr. A~drew B. Thompson, resigned, ending December 31, 1974. Mr. Thomas moved that the report be received and filed. The motion was seconded by Dr. Taylor and unanimously adopted. SCHOOLS: The City Clerk reported that Messrs. Denis1 E. Wooldridge and Samuel P. McNeil have qualified as members of the Roanoke City School Board for terms of three years each ending June 30, 1977, and that Mr. James W. Burks, Jr., has qualified as a member of the Roanoke City School Board to fill the unexpired term of Mr. J~mes B. Spurlock, Jr., resigned, Ending June 30, 1975. Mr, Thomas moved that the report be received and filed. The motion was seconded by Dr. Taylor and unan~nously adopted. OTHER HEARINGS OF CITIZENS: COMPLAINTS-FLOODS: Hr. Jack A. pitman, representing residents of the Mill Mountain Estates area, appeared before Council and made reference to the heavy rain that took place on Friday night, June 26, 1974, advising of damage to the homes in the Mill Mountain Estates area and the Garden City area, pointing out that residents appeared before Council on May 28, 1973, and 3']1 called this flooding situation to the attention o£ Council, that the situation has come about due to the construction oE £1fty-t~o ne~ he.es by the James E. Long Construction Company, that there is no grass, trees or shrubbez~ to absorb the water and when heav~ rains ccam, the properties are washed out, ~ro Pit. an pointing out that since the situation wan ~ade known to Council last year, the resident~ are of the opinion that the proble~ should not ha the responsibility of the individual citizen, but that Council should step in and fight for the~. Upon question as to co~liance with the law by the contractor, the Assistant City Hanager replied that the contractor has complied with the law, however, the project has d~agged On over a perio~ Of two years and that the planting and seeding of the land should help the situation. H~. George D~er, 1001 Estates Road, 5. E., appea~ed before Council relative to the curb end gutter in Eront Of his home, advising that the curb end ~utter is at least two inches lower then it should be and that his driveway and entra~ceway is nothing but a catch basin for all the water. H~o Edward England, 92? Hartsook Boulevard, $. E., and ~r. C. C. Z~ilton, 1311 Findley Avenue, $. E., appeared before Council relative to the end also requested relief. After a lengthy discussion, H~. Garland moved that the matter be referred to the City Attorney for report to Council as to steps that can be taken to protect the rights of the residents. The m~tion was seconded by Mr, Lisk and unanimously adopted. Mr. Trout moved that the matter also be referred to the City Manager for investigation and report to Council. The motion was seconded by Mr. Lisk and unanimously adopted. There being no further business, Mayor Webber declaxed the meeting adjourned. ATTEST: Deputy city Clerk APPROVED Mayor COUNCILt REGULAR MEETINGt Monday, August 5, 1974. The Council of the City of Roanoke met in regular meeting in the Council Chamber ~n the Municipal Building~ Monday, August 5, 1974, at 2 p.m., the regular meeting hour~ with Mayor l~oy L. Webber presiding. PReSeNT: Councilmen Robert A. Garland, william S. Hubard, David K. Lisk, Noel C. Taylor, Hampton W. Thomas~ James O. Trout (arrived late}, and Mayor Roy L. Webber ............................... 7. ABSENT: None ...........................0o OFFICERE pRESENT: Mr. Byron E. Haner~ City Managerl Mr. Sam H. HcGhee, III, Assistant City Manager~ Mr. James N. Kincanon, City Attorney: Mr. H. Ben Jones, Jr.~ Assistant City Attorney~ a~d Mr. A. N. Gibson, Director Of F~nance. INVOCATION= The meetLng was opened with a prayer by the Reverend Robinson McAden, Pastor, Cave Spring United Methodist Church. HEARING OF CITIZEI{S UPON PUBLIC MATTERS: NONE. PETITIONS ~/~D C(~{ICATIOI~S: BUDGET-SCHOOLS: A con~nunication from the Roanoke City School Board requesting that $20,000.00 be appropriated to fees for attorneys as a result of school desegregation litigation from September 23, 1963, to July 13, 1971, was before Council. Mr. Garland moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance: (%21712) ~_N ORDINANCE to ~mend and reordain Section %43, 'Schools,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ord~Ilance, see Ordinance Book No. 40, Page 42.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor end adopted by the following vote: AYES= Messrs. Garland, Hubar~, Li~k, Taylor, Thomas and Mayor Webber ............................................. 6. NAYS= None ..............................0. (Mr. Trout had not arrived T~t~ES= Mrs. Ashby Langhorne appeared before Council and presented a communication requesting that Council waive all city taxes on property, utilities and foo~ for senior citizens 65 years of age and older who cannot make enough money to meet their needs. Mr. Thc~as moved that the co~enlcation be referred to the City Taxes Committee for study, report and recommendation to Council. The motion was seconde by Mr. Lisk and unan~u~ously adopted. 313 ANNEXATION-CONSOLIDATION8 A cc~unicetion from Hr, William Fo Clark~ County Administrator, trans~/t~lng copy of ~solutlon NO. 1084 adopted by ~e ~oke Co~ty ~ard of Supe~lsora at a special ~et~g held on We~esday, July 24~ 1974~ approv~g, In concept~ ~e holding 9f a re~erend~ at ~e ~neral Election to ~ held on Nov~r 4~ 1974~ on ~e ~estion of consolida- tion of ~oke Co~ty~ ~e City of ~oke, ~e ~ of Vint~ ~d ~e City o~ Sal~ into ~ cities ~d ap~lnt~g ~e Co~ty~s reprea~tives to se~e ~ a c~ttee to prepare ~e pro~sed consolidation agre~nt~ was ~fore Co~cll. In ~ls co~ection~ ~. Th~s H. Beasley, Supe~isor, Ro~oke Co~ty ~ard of Supe~lsors~ speared ~fore ~e ~y ~d ~ged ~at Co.oil give serious consideration t~ard hold~g a refer~d~ In ~e Nov~er General Election ~ order to let ~e citizens of ~e governing ~ies cast ~eir votes as to whe~er or not ~ey prefer consolidation. After a dis~ssion of ~e ~tter, Dr. Taylor toured ~at ~e Resolution be received ~d filed. The motion was seconded by ~. Trout ~d ~ously adopted. PUBLIC ~t A co~ication fr~ Ms. Judi~ P. H~ter tendering her resignation as a m~r of ~e Adviso~ ~ard of P~lic Welfare~ was before Cocci1. Dr. Taylor moved ~at ~e resignation ~ accepted wi~ regret. The ~tion was seconded by ~. Lisk ~d ~usly adopted. A~ITS-~I~ ~ ~STIC ~TIONS DIST~ COURT: A c~ication from ~. Joseph S. J~s, Auditor of P~lic Accosts, in co.action wi~ ~ audit of ~e acco~ ~d records of ~. ~ce L. K~ntz, Jr., Judge of ~u Juv~ile ~d ~stic Relations District Co~t, for ~e peri~ ~gi~fng J~ua~ 1, 1973, ~ough J~e 30, 1973, advising ~at ~e ex.nation revealed ~at full acco~t~g had be~ ~de for all recorded receipts, ~d ~at ~e records had be~ prepared in g~ order, w~ before Cocci1. ~. Th~s ~ved ~at ~e ~ication ~d audit be received ~d filed. The moron was seceded by ~. Trout ~d ~usly adopted. ~ORTS OF OFFICe= B~-G~S~i~ ~ ~TIC ~TIONS DiST~ COURT= The City M~ager s~tted a ~itt~ report advising ~at a gr~t re.est for ~e Ro~oke City ~uv~lle ~d ~s~c Relations Dis~ict Court wl~ a Courtro~ H~o~ Syst~ has be~ approved ~ ~e Division of Jus~ce ~d Cr~e Prev~, in ~e to~l ~t of $6,000.00, re~est~g ~at ~e City ~ager be au~orized to execute ~e appropriate fo~ for accep~ce of ~is grant and agreeing to the provisions m~d conditions contained therein~ and~ further that $5~700.00 ~ appropriated ~o ~ls gr~ ~cco~. ~ager ~d offered ~e foiling ~rg~ Ord~ce appropriating $5,700.00 to Co~tr~ M~ Syst~ ~der ~e 1974-75 City oE ~oku Grant Pr~r~ (%21713) ~ O~I~ to appropriate to ~e City of Ro~oke~s Grant Pr~r~ ~co~t, ~d provid~g for ~ (For full text of Or~ce~ see Or~n~ce ~ok No. 40, Page 43.) ~. Trout ~ved ~e a~opt~on o~ ~e Ord~ce. The ~tion was seconded by ~. Lisk ~d adopted by ~e roll.lng vote~ A~ ~essrs. Garl~d, H~ard, ~isk, Taylor~ Thoms, Trout and ~yor Weber ................................. NAYSI None .........................0. Dr. Taylor ~ offered ~e foll~in9 Resolution au~orizing accept~ce, execution ad fllin~ of ~e ~rut: (i11~14} A ~OLUTIO~ au~orizh9 fie accep~ce, execution, ad /ilhg o[ ~e 'Special Conditions for Actio~ Gr~t Awards' wi~ the Division oi ~ustice ad erie Prevention for an action gr~t of federal f~ds for wi~ a Cou~oa t~o~ Syst~ for ~e ~uvenile ad ~aestic Relaticns District Co~t in ~e city. (For full t~t of Resolution, see Resolution ~k No. 40, Page 43.) Dr. Taylor ~ved ~e adoption of ~e Resolution. The aotion was seconded by ~. Lisk and adopt~ by ~e following vote: A~S: Messrs. 6arl~d, H~ard, ~i~k, Taylor, Thoms, Trout and ~yor Weber .................................. NAYS: None .........................0. BU~ET~-POLI~ D~TI The City H~ager s~mitted a ~ittm re~rt advish9 ~at a 9r~t re.est for ~e conthuatton of ~e Police Trahing Progr~ (Ro~oke Police Acad~) has ~ approved by ~e Division of ~ustice ad Crhe Prev~on, in ~e to~l ~o~t of re~estlng ~at ~e City ~ager ~ au~orized to execute ~e appropriate fo~ for accep~ce o~ ~is gr~t ~d agreeing to ~e provisions ad conditions confined ~eh, ad, icier requesting ~at $36,594.00 be appro- priated to ~is qrat accost. ~. Trout ~ved ~at Coucil conc~ in ~e re~rt of ~e City ~ager ~d offered ~e foll~h~ ~erg~cy O~inace appropriat~g $36,594.00 ~o Police Trahln~ Progr~ ~der ~e 1974-~5 City of Ro~oke Gr~t Progr~ ~co~tl {i21~15) ~ O~I~ to appropriate to ~e City of Ro~oke's 315 Gr&nt Pro~ra~ Account, and providing for an e~ergen~. (For full ~ex~ of Ord~ce~ ane ~d~ce ~k No. 40~ Page 44.) seconded b~ ~. Llsk ~ a~op~e~ b~ ~e foll~g vo~e~ A~t Messrs. G~l~d; H~d~ L~sk~ Taylor~ Th~s~ Trout ~ ~or We~r ........................... ~YS ~ None .................... 0. ~. Trout ~ offer~ ~e foll~ing ~solut~on au~or~z~ng accep~ce~ execut~ ~d f~l~g o~ ~e gr~t~ ([21716) A ~O~ION au~oriz~g ~e accep~ce, execution, ~d f~l~ng of ~e 'Special Condit~ons for Action Gr~t Awar~' w~ ~e D~v~sl~ of Justice ~ Cr~e Prev~tl~ for ~ ac~on gr~t of Federal f~ds for use wl~ a police ~a~n~ng pr~r~ ~ ~e c~ty. (For full t~t o~ ~solut~, see R~solution ~k No. 40~ Page 45.) ~..Trout ~ved ~e adop~on of ~e Resolution. The ~t~on was seconde~ by ~. ~s ~ adopted by ~e foll~ng A~S= Hessrs. Garl~d~ H~d, Lisk~ Taylor~ Tho~s~ Trout ~ ~yor Wab~r ................................... ~YS~ None .......................... WA~R DEP~T= ~e City M~ager s~tted a written r~rt r~uest~g au~or~ty to execute a c~perat~ve agre~t wi~ ~e ~par~ant of ~e Inter~or, Geol~lcal S~ey~ to share ~n ~e cost of o~ratlng s~e~ gauges on certain s~ for ~e per~od ~g~g July 1, 1974, to J~e 30~ 1975, at a cost to ~ shared at ~e rate of $3,000.00 by ~e City o~ Ro~oke ~d $3,000.00 by ~e Un,ted States DepoSit of ~e Inter~or, Geol~cal S~ey Division, ~ f~er, ~at ~e City ~ag~ ~ au~or~ze~ to execute ~y s~se~t ~ual agre~ts provided Co~cil approves f~ds ~n s~sequent years for ~e c~ty~s share of ~e cost of ~g ~ese s~e~ gauges. ~. Th~s ~ve~ ~at Co~c~l =onc~ ~ ~e re~rt of ~e City ~ager ~d offere~ ~e fo11~ing ~e~ Ore,ce= (%21717] ~ O~ au~oriz~g ~e City ~ager to ~ter ~nto a C~rative Agre~t ~twe~ ~e c~ty ~ ~e Un~te~ States Geol~ical S~- vey to ~n~ ~ ~ves~ga~on of c~ water reso~ces ~ for ~e operation of gauging stations ~ere~ for ~e per~od fr~ July ~, 1974, to 30, 1975~ ~ ~erea~ter, from ye~ to year, s~ject to ava~l~ility of appropr~a~ons~ ~d p~v~g for ~ ~erg~. (For full t~t of Ore,ce, see Or~ce ~ok No. 40, Page ~. ~s move~ ~e adop~on of ~e Ord~n~ce. The ~t~on was seconded by ~. Trout ~ adopted by ~e fo1~g vote~ AYES: Hessrs. Garl~d~ H~ Lisk~ Taylor~ Th~s~ Trout ~d ~yor Webber .................................. ~YS= None .........................0. AII~ONT~ The City Hanager aubl~tted a v~ltten report requesting that he ~ au~orized ~ execute, on ~half o~ ~e C~ty o[ ~oke~ s~Ject to approval of ~e te~ of lease by ~o City At~ey, Suppl~n~ No. 2 ~ F~ Agre~nt ~-FA~0~-5201~ to lease ~ addltl~al 198 square feet o~ space ~rt Building No. 1 at ~oke M~icipal (Wa) Alert to ~e Federal Avi~tl~ 21s~tion~ at ~e rate of $1.54 per a~re f~t per ye~ ~rough J~e 30, 19~9. ~. 6arl~d ~ved ~t ~e pressed Ord~ce relative to ~e rotter ~ ~ended to read $3.54 per s~are i~t instead o~ $3.45 per square ~e motion was seconded by ~. H~d ~d ~usly adopted. ~. Trout ~ ~ved ~at ~e following Ord~ce ~ placed u~n its first read,g, as ([21~18) ~ 0~I~ ~uthorizing ad providhg for execution of a suppl~ental agre~t to ~e city's lease agre~ent dated August 26, 1969, wi~ ~e United States 6ove~t, Federal Aviation ais~ation, providh9 for ~e leasing of additional space tn Building il at Ro~oke ~aicipal ~rt, in ~oke Co~ty. {For full text of Ord~ce, see Ord~ce ~ok No. 40, Page 50.) The motion was seconded by ~. Lisk ~d adopted by ~e followin9 vote: A~S: Messrs. Garland, H~ar~, Lisk, Taylor, Th~s~ Trout ~yor Webber ................................... ~YS: None .......................... 0. F~DS-~S: ~e City ~ager s~tte~ a ~itten re~rt a~vlsing ~at ~e S~te Water Con~l ~ar~ has requeste~ pe~ssion to install a FI~ Alert Monet on ~ ~u~ent of ~e Walnut Argue Bridge over R~noke ~ver, ~at ~is monet will provide for accurate meas~ent of ~e river ~ing fl~ s~ges ~d rec~g ~at ~e City ~ager be given au~oriza- tlon to execute ~ agre~t wi~ ~e State Water Control ~ard for ~e instal- lation oE ~is FI~ ~ert Monist. ~. Th~s moved ~at Cocci1 conc~ ~ ~e report of ~e City ~ager ~d offered the roll,lng ~ergen~ Ordin~ce: (%21~19) ~ O~I~ au~oriz~g ~e execution of a written agree- ~t wi~ ~e C~nweal~ of Virg~ia, State Water Con~oi Board, proviG~g for ~e ins~liation of a fl~ alert ~n~t to inGicate floo~ levels, on ~ ~u~t of ~e Wa~ut Avenue, S. E., Bridge ac~ss Ro~oke River; an~ provi~g for ~ ~erg~. (For full text of Or~in~ce~ see Or~ce ~k No. 40, Page 47.) ~. Th~s ~ve~ ~e adop~on of ~e Or~ce. The ~tion was seconde~ by ~. Trout ~ adopte~ by ~e felling vote: A~: Messrs. GarliC, H~ar~, Ltsk, Taylor, Th~s, Trout ~yor Weber ............................... NAYS: None ....................... 0. CI~ PROPERS: ~e City ~ager s~mitte~ a ~itten report a~vising of ~e following ~ts which were derives from ~e sale of s~lus ~ngible property at p~lic auction on July 27, 1974, ~ advising ~at from ~e response of this sale, it appears to be in the best interest of the city to continue to dispose of surplus property in this manner in the Vehicles $ 2'3mB35. O0 Equipment 7,360.00 Items 6,919.00 · otal $ 38,114o00 Mr. ~.lsk moved that the report be received and filed. The motion vas seconded by tt~. ~h~mas and unanimously adopted. COiINCI~.s The City ~anager sub~ttted a ~ltten report requesting an Hr. Trout moved that Council concur in the request. The motion vas seconded by Hr. ~.iak and adopted by the following ,vOtes Hayor Webber ..................................... 7. IO~tlNGs Council at tie last regular meeting on Monday, July 29, 1974, having deferred action on a report of the City planning Commission in in Block 4 of the Map Of Weaver Heights Corporation, k~c~ra as Grand~n Court, be vacated, discontinued and closed, reco~unanding that the request be denied, the matter was again before the body. regular meeting of Council on Manday, August 12, 1974, pending notification hearing is desired. The ~tion was seconded by.Hr. Lisk and unaniI~ously adopted. ZONING= Ordinance NO. 21699 rezoning property fronting in the 1700 block of Ha~lton Terrace, S. E., and the 1600, 1700 and 1800 blocks of Belle- view Avenue, S. E., designated on Sheets 406 end 404 of the Tax Appraisal Map of the City of Roanoke, Official Tax Nos. 4060201, 4040831, 4040830, 4040829, 4040828, 4040S27, 4040826 and 4040S33, excluding that portion located above the northerly extended property line of Lot 1428, Hamilton Terrace Map, from RD, Duplex Residential District, to C-2, General Commercial District, having pre- again before the body, Hr. Thomas offering the following for its second reading and final adoption: (%21699) AN ORDIRANCE to ~_m~nd Title XV, Chapter 4.1, Section 2, of The Code of[ the City of Roanoke, 1956, es amended, and Sheet Numbers 406 and 404, Sectional 1956 Zone ~tap, City of Roanoke, ~n relation to Zoning. (For full text of Ordinance, see Ordinance Book Ho. 40, Page 37.) Rt. Thomas moved the adoption of the Ordinance. The motion was seconded by H~. ?rout and adopted by the following voter AYES~ H~ssrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber .................................. NAYS~ None ......................... STI~EETS AND ALLEYS~ Ordinance No. 21700 vacating, discontinu~ng and closing that certain alley approximately ten feet in width and 294 feet long, extending p&rallel to McDowell Avenue, N. E., ~n an easterly direction from Seventh Street, N. E., to its intersection with the right of way line of the property of the Norfolk end Western ~ailway Compeny, having previously been before Council for its first reading, read and laid over, was again b~fore the body, Dr. Taylor offering the following for Its second reading end final adoption: {S21700) AN ORDINANCE permanently vacating, discontinuing and closing that certain alley approximately ten feet in width and 294 feet long extending parallel to McDowell Avenue~ N. E., in an easterly direction from Seventh Street, N. E., to its intersection with the right of way line of.the property of the Norfolk and Western Railway company in the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 40, Page 38.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ...................................7. NAYS = None ........................... 0. SALE OF PROPERTY-WATER DEPARTMENT: Ordinance No. 21706 authorizing the exchange of certain real property located in Roanoke County to the north of Boll~ns ~ad, N. E., between the City of Roanoke and Waddell Brothers Cc~pany, Incorporated~ a~d authorizing the proper city officials to execute a~d deliver to Waddell Brothers Cc~pany, Incorporated, for and on behalf of the city, a proper deed to a parcel of land containing 458 square feet, in consideration of a general warranty deed, executed by Waddell Brothe~s Company, Incorporatedt conveying to the City of Roanoke a parcel of la~d containing ?02.square feet, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Trout offering the following for its second reading and f~nal adoption: (S21706) AN ORDINANCE authorizing the exchange of certain real property located in Roanoke County to the north of Hollins Road, N. E. between the City of Roenoke and Waddell Brothers Co., Inc. ~ authorizing the proper city offlcials to execute and deltver to Waddell Brothers CO., Inc., for end on behal~ of the city, a proper deed to a parcel of land containing 458 square feet, in consideration of a guneral warranty deedt executed by Waddell Brothers Co., Inc., conveying to the City of Roanoke a parcel of land containing 702 square feet. 319 (For full text of Ordinance, see Ord~neace ~ook No. 40, Page 41.) ~. Trout ~ved ~e adoptLon O~ ~e O~ce. The ~tLon vas seconded b~ ~. Th~s ~d adopted b~ ~e foll~g A~S: ~ss~s. Ga~l~d, H~a~d, Lisk, Taylor~ ~s, Trout and ~yO~ ~eb~ ......................................... 7, ~YS~ None ............................ 0. AI~ORT~ Co~cil hav~g direc2ed ~e City Atto~e~ to p~epare ~e pro~ ~eas~e au~oriz~g ~e lssu~ce of ~qe Order ~o. 4 to ~e city's contrac2 ~i~ Nat~ ~d Bre~ell~ Inco~rated~ au~orlzed by O~d~n~ce 20659, Eot ceftin alterations ~d addi~ons to ~e Te~nal Building ak Roanoke H~clpal (W~) ~t, by providing for ce~2ain additional ~scellaneous ~rk to ~ ~rfo~d ~der ~e con~ac2~ bu2 ~ou2 ch~ge of ~e ~ork~g 2~ provided ~n ~e ~n2~ack, he p~esented s~ ~he~eu~n, Trou~ o[Ee~ed ~e follo~ng ~e~ Ord~ce~ [t21720) ~ O~I~CE au~or~z~ng ~e issu~ce of Ch~ge O~de~ No. 4 2o ~e city's con2rac2 ~ Watts ~d Bre~ell~ Inc., au~or~zed b~ Ordinance NO. 20659, for cer~a~ alterations ~d add~2ions to ~e Te~nal Building at ~oke ~lclpa~ Ai~r2, b~ provld~g flor certain miscellaneous ~ork to ~ perfumed ~der ~e con[ract~ bu2 ~ou~ ch~e o~ ~e ~k~ng 2~e provided in the contr~c2~ ~d providing for an ~For full rex2 of Ord~ce~ See O~d~n~ce ~k ~o. 40~ Page ~. Trou~ ~oved ~e ~dop2~on of the Ord~n~ce. The mo2~on ~as seconded b~ ~. List and adop2ed by ~e roll.lng vote~ A~: Messrs. Garl~d, H~d, Lisk, Taylor~ Tho~s, Trout ~d ~yor Weber .............................. ~YS = None ...................... 0. C~~R-~G~S~TION= ~. H~ard offered ~e fo11~ng Resolutlon c~tning ~e ~gislative Adv~so~ Co. tree ~d ~e C~ttee Study Pro~sed City Charter Ch~ges= (%21~21) A ~SO~ION co~g ~e ~g~slat~ve Advlso~ C~{ttee ~d ~e C~ttee to Study Pro~sed C~ty Charter ~ges heretofore est~ished by ~e Co~c~l of ~e C~ty o~ Ro~oke~ ~d ~end~ng Resolution NO. 20693 ~ ~e ext~t of ~ ~nconsis~cy herewi~. {For full text of Resolution, see ~eso~ut~on B~k NO. 40, Page 49.) ~. H~d ~ved ~e adoption of ~e Resolution. The ~t~on was seconded by Dr. Taylor ~d adopted by ~e foll~ng vote: AYES: Messrs. Garl~d, ~d, L~sk~ Tay~or~ Tho~s~ Trout ~d ~yor We~r ............................. ~YS= None ...........................0. M~ONS ~ MISC~OUS BUS~SS= NO~. OTHER HFAIIINGS OF CITIZENSz TAX~t NC. Lacy Edgerton appeared before Council and complained about ~he high cost of utility bills and ~he city taxes thereon. Council having earlier in the meeting referred the sam~ matter to the City Taxes Comm/tteew NC. Hubard moved that the remarks made by NC. Edgerton be received and filed. The motion was seconded by NC. Trout and ununi~ously adopted. There being no further business, Mayor Webber declared the meeting adjourned. APPROVED ATTEST: ~gO-t~.~ Deputy City Clerk Mayor 321; :.322 COUNCIL, ~E~ULAR Monday, August 12, '1974. ' The Council of the City o£ Roanoke met In regular meeting In the Council Chamber in ~e Municipal B'ullding, Monday, August 12, the regular meeting hour, with Hayor Roy L. webber presiding. PRESENT: Councilmen Robert A. Garland~ William S. Hubard, David K. Lick, Noel C. Taylor, ~ampton W. Th0~as, James O. Trout and Mayor Roy L. Webber .................................. ?. A~SENT= None ................ OFFICERE PRESENT: Hr. Byron E. Baner, City Hanager~ Hr. Sam McGhee, III, Assista~t City Ma~ager~ Mr. James N. Kincanon, City Attorney~ Hr. H. Ben Jones, Jr., Assistant City Attorney~ and Hr. A. N. Gibson, Director of Finance. INVOCATION: The meeting was opened with a prayer by the Reverend Willia~ G. Hock, III, Pastor, Fifth Avenue United Presbyterian Church. MINUTES= Copies of the m~nutes of the regular meeting held on ~onday, July 29, 1974, and the regular Meting held on .'.~nday, August 5, 1974, having been furnished each member of Council, on motion of Mr. Trout, seconded by Hr. Ltsk and tman[mously adopted, the reading thereof was dispensed with a~d the minutes approved as recorded. Hr. Lothar Mermelste~n ~ntroduced to the members of Co~cil Hr. and Hrs. Claude Heftier, a French couple visiting the United States under the American Host Program. Mayor Webber welcomed Hr. and Hrs. Mercier to the City of Roanoke a~d presented th~m with a Key to the City. HEARING OF CITIZENS UPON PUBLIC MATTERS: F~RE DEPARTHENT-PENSIONS: Mr. Joseph D. Naxey, retired employee of the Roanoke City Fire Department, appeared before Council and requested that Cou~ci~ review his request for 'Accidental Disability Retir~m~nt Benefits,' since this request was denied by tho Board of Trustees, Employees~ Retir~ent System, on July 18, 1974, advising that betwee~ October, 1973, and July, 1974, he was examined by three doctors, that his request for review by Council is based on state law which says that whe~ a fire- fighter has to retire duo to a heart or lung condition, it shall bo presumed to have occured in the llne of duty, that the three medical reports do not say that his ~isability ks not job connected, and that he does not ~eel that he has been treated fairly or in accordance with state law. The Secretary of the Board of Trustees of the Employees~ ~etir~ment System, advised that the request has been before the Board, that Hr. Maxey that H~, Haxa},~s proble~ is se=vice connectsd. After a discuasion~ Hr. ~mas moved that the matter be taken under consideration by Council until after a meeting of the Board of Trustees of the Emt~loyees' Retir~m~-t System on August 22~ 1974, at which t~me Hr. Maxey will present his case to the Board, and that the Board be requested to report back to Council immediately following its meeting on August 22~ 1974, as to facts involved in the case and its rec~mendations thereon. The motion was seconded by Hr. Trout and ~nanimously adopted. LICENSES: Hr. It~chard W. Davis~ Producer of the Roanoke Valley Gun Show, appeared before Council and requested that Council chenge Title VI, Chapter 8, Section 38.1, of The Code of the City of Roanoke, 1956, as amended, Section 58-381.1 of the Code of Virginia relative thereto. Mr. Lisk moved that the matter be referred to the City Attorney for Garland and unan/mously adopted. before Council and presented a petition signed by twenty-five real estate brokers, requesting that the Fair Housing Ordinance be amended to establlsh a classification permitting exclusive rental to older citizens so that they will have an opportunity to follow their life style in a peaceful manner. Board for study, report and recommendation to Council. The motion was seconded by Hr. Thomas and unanimously adopted. Henley, Executive Director, City of Roanoke Redevelo~mant and Housing Authority, advising of the necessity to amend the Cooperation Agreement for the quate transition time and funding between 3~ule 30, 1974, and an anticipated was before Council. Hr. Lisk offered the following emergency Ordinance relative to the amended Cooperation Agreement: (%21722) A~ O~DINANCE authorizing and directing' the Mayor of the City of Roanoke and the City Clerk, for and on behalf of the City of Roanoke, Virginia, to enter into and execute on Agreement with the City of Roanoke 32'3' ~edevelol~ent and NousLng Authority-carrying into e£fect the ltedevelopaent Plan fo~ ~e Cit~ of ~oke deol~2ed 'Ga~m~ro Neig~rh~ ~velo~nt P~r~ P~r~ No. VA. A-6~ for Ye~ 1972-1973'~ ~d providing for an (For full rex2 of Ord~ce~ see Ord~ce ~ok No. 40, Page ~. Lisk ~ved ~e a~ptl~ of ~e Ord~ce. The ~2~on seconded by ~. Ga~l~d ~d adopted b~ ~e roll,lng vote~ ~or ~eb~ .............................. ~YS: None ..................... The City ~ager s~itted a ~itt~ report relative to ~e Gains- ~ro Ne~g~rh~a ~velo~t Pro]ect~ a~v~s~ng ~at ~n ~ effort to resolve ~e f~aing ~ respe¢t to ~s ~tter~ ~ere ~s pres~ted to ~ ~n~ea agre~ent ~ severa~ budget Ora~ce~ aes~ed to appropriate an~ transfer ~e necessa~ f~s to co~lete ~e K~a~l, ~to~ East Ga~ns~ro Neig~rh~ ~velop~nt Pro~ects. (For full text, see report as filea ~n ~e City C~erk~s Of~ce.) ~. T~ut o~fere~ ~e follow~g ~erg~ Oral.ce decreasing ~ K~a~l Off-Site DraYage accost by $150,00~.00~ ~ncreas~g ~e K~a~l ' RedeveZo~t accost by $48,2~3.00~ an~ ~ncreas~ng ~e ~a~s~ro Redevelo~- ~t accost by $~01,78~.00 ~er Section %889, 'Tr~sfers to Capita~ ~prov~enta F~a,' o~ ~e 19~4-75 Appropr~ation Ord~n~cet (%2~723} ~ O~CE to ~d an~ reorda~ Section ~889, 'Tr~sfers to Capital ~prov~ents F~a~' of ~e 19~4-75 Appropr~ation Or~in~ce, an~ (For full text of Or~n~ce, see Or,in.ce Book No. 40, Page secondea by ~. L~sk ~ adopte~ by ~e follow~g vote: ~yor Webber .................................... ~YS = None ........................... ~, Dr. Taylor offerea ~e fo~l~ing ~ergen~ Or~n~ce decreasing ~e ~cal Trea~t o~ Effluent accost by $~11,428.0~ increasing ~e K~all Re~evelo~ent accost ~y $111,428.00~ decreasing ~e Lick R~ ~prove~ by $28,~00.~0~ ~ ~ncreas~g ~e Ga~s~ro Redeveloper accost by $12~%316.00 i ~aer Sect~o~ ~450, 'Ca~] ~t]ay from Rev~ue,~ of ~e ~974-75 Sewage Trea~t F~ Appropriat~on {~21724} ~ O~N~ to ~m~.~ ~a reor~n certa~ sections of Sewage Trea~ent F~ ~74-~5 Approgr~a~on Ord~ce~ ~a provtd~g for (For ful~ text of Or~n~ce, see Ord~ce ~ok No. 40, Page 57.) Dr, TayloEmo~ed the adoption 0£ the Ordinance. The'~otlon was seconded byKro Llsk and adopted By th~ follov:l~g vote~ AYESz MessEs, 6ar[and, MuddEd, Llak, Taylor~ Thonas~ Trout and Mayor Webber ................................ 7. NAYS~ None .....................~-0. Mr. Trout offered the following emergency Ordinance decreasing certain accounts by $206~299.00 and appropriatLng $206~299.00 to Gainsboro Redevelopment Under Section'%889, 'Transfersto Capital Improvements of the 1974-75 Appropriation Ord~nance~ (%21725) AN Ot~DINANCE to amend and reordain Section %889, 'Trans- fers to Capital In~rovementsFund,' of the 1974-7S Appropriation 0rdinance~ and providing for an emergency. (For full text of 0rd~nance, see Ordinance ~ook No. 40, Page Mr. Trout moved the adoption of the Ordinance. The motion was ' seconded by Mr. Llsk and adopted by the following vote= AYES: Messrs. Garland~ Hubard, Ltsk, Taylor, Thomas~ Trout and .Mayor Webber .................................... 7. NAYS: None ...........................0. Mr. Trout offered the following emergency Ordinance decreasing the Virginia Avenue Pumping Station account by $60,000.00~ increasing the Kimball Redevelopment account by $14,035.00~ ~ncreaslng the Do~n~to~n East Redevelopment account by $68,82~.00~ and ~creasing the Gainsboro Redevelop- mont account by $52,579.0~ u~der Section %450, 'Cap£tal O~tlay from Revenue,' of the 1974-75 Water Fund Approprtat[on Ordinance: ($21726) AR ORDINANCE to amend and reordain certain sections of the Water Department 1974-75 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 40, Page Mr. Trout m°ved th~ ad.pt[on Of the OrdLnaflCe. The motion was seconded by Mr. L[sk and adopted by the ~ollowtng vote: AYES= Messrs. Garland, Hubard, L[sk~ Taylor~ Thomas, Trout and Mayor Webber ............ 1 .............. £ ..... 7. NAYS= None ....h ................... 0. Mr. L~sk offered the following emergency Ordinance approprtatfng $22,195.30 to Downtown East Redevelopment under Section %889, 'Transfers to Capital Improvements Fund,' of the 1974-75 Appropriation Ordinance: (~21~27) AN ORDiNA~C~ to amand and reordain Section %889, #Transfers to Capital Improvements Fund,~ of the 1974-75 Appropriation Ordinance, and prov~ding for an emergency. {For fu~l' text of Ordinance, see ~rdinance Book NO. 40, Page 59.) 325 ~tr. L~sk ~oved the adoption of the Ordinance. The ~otion vas seconded b~ ~. Rout ~d adopted by ~e roll.lng ~tez AYESz ~ssr8. Garl~d~ ~a~ L~sk~ Ta~lor~ ~o~ ~eb~ ................................ ~YS z Nons .......................0 · B~~S-~I~ ~ ~TIC ~TIOHS DIS~I~ ~RT~ A ~lations Dls~c~ Co~t, adv~s~q ~a2 ~e ~2 ~s ~e reclp~t of a gr~k, in ~e ~t of $14,650.00, fro~ ~e Urb~ Inc~t~ve F~d, sa~d to ~ used for a research proJech ~ non-sup~rt, Cou~t has ~e ~ne~ In h~d ~d ~e~ests ~a2 Co~cil appropriate In order ~a2 ~e p~oject ~ ~ as s~n as possible, ~s before Co~c~l. D~. T~lor ~ved ~a2~Co~c~l conc~ ~ ~e re~es2 ~nd offered W~9es, $700.00 to Aut~b~le ~ll~ce ~d $1,904.00 to Contractual SedUces ~der Section ~965~ 'Non-Sup~rt Research Project,' of ~e 1974-75 Gr~t Progr~ Accost: ($2~728} ~ O~I~ to appropriate to ~e City of Ro~oke~s Grant Progr~ Acco~t~ ~d providing for ~ ~rgen~. (For full text of Ord~ce~ see Ord~ce ~ok NO. 40, Page 59.} Dr. Taylor ~oved ~e adoption of ~e Ordinate. ~e ~t~on was seconded by ~. ~out ~d adopted by ~e follow~g vote~ AYES~ Messrs. Garl~d, H~d, L[sk, Taylor, Tho~s~ Trout and ~yor WeB~r ................................... NAYS: None ........................... 0. B~ET~TS~O~S A~= A c~icat~on from ~rt F. ~der, Co~nweal~s Atto~ey, r~uest~g ~at Co~cll appropriate $256.02 to provide f~ds ~n order for ~e ~nweal~s At~ey to att~d a Pre-Trial S~rate~ S~ar ~t ~e National College of D~s~ct Atto~eys on Septet 8 - 11, 1974, ~ Atl~ta, Georgia, advising ~at a gr~t r~est for ~ese f~ds is ~lng applied for, was before Co~c~l. ~. Trout moved ~at Co~c~l con~ ~ ~e re,est ~d offered ~e following ~erg~ Ord~ce appropr~at~g $~6.02 to Travel ~d Education ~der Sect~ ~122, 'C~n~al~s Atto~ey,' of ~e 1974-75 Appropriation (%21729) ~ 0~I~ to ~d ~d reorda~ Section ~122, 'Co~n- wealths Atto~ey,' of ~e 1974-~5 Appropriation Ord~ce, ~d providing for ~ ~rg~. (For full text of Ord~ce, see Ordin~ce ~ok NO. 40~ Page 60.} ~. Trout ~ved ~e adoption of ~e Ord~ce. The ~tlon was seconded by ~. H~ard and adopted by ~e fo11~ing vote: AYES~ Nessrs. Garland, Ru~ard, LIsk, Taylor, Thc~ms, Trout and Nayor ~ebber ................. 0 .............. 7. ~YS ~ None .......................O. T~t A c~lca~ from ~. ~e~ JaPer concern~g ~e t~ent~ per c~t utility ~x ~d e~zessing ~e option ~at ~e C~ty of ~oke should consider ~kin7 ~ ad~us~nt in ~ls tax, ~as ~fo~e Co~c~l. ~. ~out ~ved ~at ~e co~icat~on ~ referred to ~e C~ty Taxes ~ttee for its Anfo~ti~ In co~ect~ w~' its study o~ ~e The ~tion was seconded by ~. Garl~d and ~usly adopted. ~PORTS OF OFFI~ x BU~E~PUBLIC ~= The City ~ager s~tted a ~tten report In Co~ection wl~ ~e approved budget ~rom ~e State Depar~t of Welfare for p~lic assis~ce for ~e fiscal ~e~ ~g~n~g 3uly 1, 1974, advising that bas~cally ~e appropriations as c~lned ~ ~e state budget are ~e s~ as ~ose ~n ~e city budget wl~ cer~ exceptions. (For full text, see report as filed in ~e City ClerkOs Office.) ~. Tho~s ~ved ~at Co~c~l conc~ ~ ~e re~rt of' the C~ty ~ager and offered the foll~ing ~ergency ordnance increash~g ~e A~ A~ili~ Grant by $96,377.00; ~creas~g ~e Dis~led A~ilia~ Gr~t by $8~,781.00~ decreasing ~e Bl~nd A~ilia~ Gr~t by $1,477.00~ increasing the ~ ~rchased SedUces ~ $7~800.00~ ~d ~creas~g ~e G~eral Relief accost by $30,000.00 ~der Section J537, 'P~l~c ~sistance,s of ~e 1974-75 Appropriation Ord~ce: (%21730) ~ O~I~CE to ~d ~d reor~in Section J537, =P~llc ~sis~ce,' of the 1974-75 Appropriation Ordin~ce~ ~d providing for an {For full text of Ordin~ce, see Ord~ce ~ok No. 40, Page 61.} ~. ~s ~ved ~e adoption of ~e Ord~ce. The motion was seconded by ~. ~out ~d adopted by ~e follow~g vote: A~S: ~ssrs. Garl~d, H~d, ~sk, Taylor, ~o~s, Trout and ~yor Weber ................................. ~S: None ....................... 0. S~ ~ S~'D~INS= The City ~ager s~tted a ~itten re~rt in co~ection wi~ leasing rail t~ cars for ~e p~ose of tr~sportlng pickle libor to ~e Sewage Trea~nt Pl~t, re~esting ~at Co~cil renew ~e lease wi~ General ~eric~ Tr~s~r~on Co~oration, as au~orlzed by Ordin~ce No. 21175, for ~ addlti~al ~ ye~ peri~, and, also, continue ~e s~lease wi~ ~eel~g-Pittsb~gh Steel Co~oration, as au~orized by Ordin~ce No. 21249. (For full text, see report as filed in ~e City Clerk's office.) ~, Thomas ~oved that Council concur in ~e report o~ ~e Ci~ ~d ~a~ ~e foll~ln~ O~ce ~ pleced u~n ~t8 fl~a~ ~ead~g~ (121731) ~ 0~I~ accept~g ~e pro~sal o~ ~eral Tr~S~tl~ ~rat~on ~ continue to lease to ~e c~ty 8ix (6) ~r l~ed rail ta care for use at ~e city's Sewage Trea~nt Plant upon ceftin te~ ~d conditi~s~ ~d au~oriz~g ~e city's a~lease of said ~ cars to ~eeling-Plttsb~gh Steel ~ration. (For full text of Ordin~ce, see Ordin~ce ~k No. 40, Page 64.) The ~tion was seconded by ~. Llsk and adopted by ~e foll~ing vote ~ AYES~ Hessrs. Garl~d~ H~ard, Llsk~ Taylor~ Th~s~ Trout and ~yor Weber .................................... 7. NAYS: None ...........................0. BUI~INGS= The City ~ager s~tted a ~ltten report tr~s~tt~g a ~arterly report of ~e Building C~ssloner wi~ respect to ~e cond~a- tion and d~lition of dilapidated buildings wi~in ~e City of Roanoke, for the period from I~y 1, 1974, ~ough July 3, 1974. (For full teat, see report as filed ~ ~e City Clerkts Office.) ~. Lisk moved ~at ~e report ~ received and filed. The ~tion was seconded by Dr. Taylor and ~usly adopted. CO~ClL= The City Atto~ey s~tted a ~itt~ report r~uest~g ~ ~ecutive Session wi~ ~e m~m~rs of Cocci1 prior to ~e adjo~nt of the Co~cil ~eting to discuss a real es~te ~tter. ~. Trout ~ved ~at Co~cil conc~ ~ ~e request. The ~tton was seconded by ~. Lisk and adopted by ~e following vote: A~= Messrs. Garl~d, H~ard, Lisk, Taylor~ Tho~s, Trout ~yor Weber .............................. ~YS = None ..................... 0. B~-S~ ~ S~ D~NS: The Director of F~ce s~tted a ~itt~ report relatlve to the appropria~on of f~ds for architect fees ~scell~eous eng~eering fees for ~e Sewage Trea~t Pl~t. ~. Th~s offered ~e foll~g ~rg~cy Ord~ce appropriat~g $2,254,000.00 to Sewage Trea~t Pl~t ~slon ~der Secti~ ~550, ~Sewage Trea~nt Capital Improv~ts F~d,' of ~e 1974-75 Sewage Trea~nt F~d Appropriation Ordin~ce: (~21732) ~ O~I~CE to ~d ~d reor~ Section [550~ 'Sewage Trea~nt Capital ~prov~ts F~d,' o~ ~e 1974-75 Sewage ~ea~nt ~propriation Ordin~ce, ~d provid~g for an ~ergen~. (For full text of Ord~ce, see Ordin~ce ~k No. 40, Page 61.) 32'9 Mr. Thcm~as moved the adoption of the Ordinance. The motion vas seconded by Mr. L~sk and adopted by the following voter AYES~ Messrs. Garland, Rubard, Lisk, Taylor~ Th°~as, Trout and Mayor Webber ................................. NAYS~ None ....~ ................... 0. REPORTS OF COHMITTEES~ SALE OF PROPERTY-GAPJL~GE ItEMOVAL~ The Land,ill C~m~ttee suha~tted a written report advising that by Resolution No. 216S7, Cot~cil expressed its support of the Regional Solid Waste Disposal Plan and the need for the operation of more than one regions! landfll! site~ that in accordance with the concurrence expressed in that Resolution, there has been located an 80- acre track of land west of Salem which is deemed to be suitable for purposes, that ~n an effort to retain the availability of this property until such tLme as the Roanoke Valley l~egional Solid Waste Disposal Board is officially an active body, it is recounuended that Council authorize the expenditure of $1,500.00 for a 6-months Option for the purchase of this property. (For full text, see report as filed in the City Clerk's Office.) ~r. Trout moved that the report be received and filed. The motion was seconded by Dr. Taylor and adopted, Mr. Thomas not voting. Mr. Trout moved that the ~tter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Lisk a~d adopted, Mr. Thomas not voting. Mr. Thomas requested that the record show that he did not participate ~n any discussions relative to the above matter and that he did not vote on the rotter at any time. UNFINISHED BUSINESS: STREETS AND ALLEYS: Counci~ at its last regular meeting on Monday, August 5, 1974, having deferred action on a report of the City Planning Cohesion relative to the request of Mr. ~ee A. Johnson, at ux., that cer- tain alleys in Block 4 of the Map of Weaver Heights Corporation, known as Grandin ~ourt, betweell Lofton Road, Livingston Road, Guilford Avonun and Barham Road, S. W., be vacated, discontinued and closed~ the matter was again before the body. In this connection~ a communication from Mr. J. D. Logan, III, Attorney, representing the petitioners, advising that his clients would llke to withdraw the request to vacate, discontinue and close the alleys, was before Council. Dr. Taylor moved that Council'concur in the request for perm~sslon to withdraw the alley closing petition. The motion was seconded by Mr. Trout and unanimously adopted. CONSIDILRATZON OF CLAIHSt NO~E. . ,.. . . ~ORTs Ord~ce ~o. 21~18 au~oriz~ ~d provid~g fo~ execution of a auppl~n~l aqre~nt 2o ~e .City,s le~e.agre~ ~ted Au~h 26~ 1969, ~i~ ~e United S~tes ~ve~t, Fede~al.Av~a~ A~istration~ p~viding for ~e leasing of additi~al space In BulldOg fl'at ~oke N~icipal po~t~ In Ro~oke Co~ty~ having previo~ly ~ ~o~e Co~cll for i~ first reading, read ~d laid over~ was aga~.~ore.~e ~y~ ~. Trout ~e following fo= its second.read~q~ ~d final adoption~ lt~1~18) ~ O~I~ au~o=lz~g ~d providing for execution a suppl~n~l aqre~nt to ~e city's lease ag=e~t ~ted. Au~st 26~ 1969, ~1~ ~e United S~ates ~ver~t, Federal Aviation ~nistratton, providing for ~e leasing of additional space ~.Buildinq ti al Ro~oke H~icipal Air- por~, in Ro~oke Co~y. (For ~ull text o~ Ordin~ce, see Ore.ce B~k ~o. 40, Page 50.) ~. T~out moved ~e adoption off ~e Ordln~ce. The ~ton seconded by ~. Lisk and adopted by ~e iollo~lng vote.- A~S~ Hessrs. Garl~d~ H~ard, Lisk~ Taylor~ '~ho~s~ T~ou~ and ~yor ~eb~= ................................. NAYS t None ........................ 0. E~IONS ~ HIS~OUS BUSIES= B~E~OFF~ ~D ~ ~S~TIOHt D~. Taylor presented a co~i- cation ~ec~end~g ~a~ ~e City of ~oke endorse ~d support Offender Aid ~d ~s~oratlon of ~oke, lnco~ated, by appropriat~g ~1,~00.00 in ~tch- ia9 f~ds to insure ~e continuation of ~e proqr~ ~or ~o~er year. (Fo= full text, see com~icatlon as filed.h ~e City Clerk's ~. Trou~ ~ved ~at Co~cil conc~ ~n ~e =eques~ ~d offs=ed ~e foll~ing ~er9en~ O~d~ce appropriak~g ~1~800.00 ~o O,A.R. o[ Ro~oke, lnco~orated, ~der Secttm i891, 'Non-Depar~l,- of ~e 1974-~5 Appropria- tion Ord~ce: (f21733) ~ O~I~ to ~and ad re~h fec~l~ i851, '~on- ~pa=~l,' of .~e 1974-75 Appropriation O~ce, ~d providing for (Fo= /ull text of Ore.ce, see Or~n~ce ~ok ~o. 40, Page 62.) ~. ~ro~2 moved ~e adoption o[ ~e OrdUres. ~e ~ion seconded by ~..Tho~s ~d adopted by ~e foll~in9 vote= A~S= Hess~s. Ga~l~d~ H~, Taylor~ Th~s~ T=ou~ and ~yor ~ebbe= ............................... 6. ~YS: None ....................... 0. (~. Lisk not ~ER ~NGS OP CITIZENS= At this point, ~ayor Webber declared a brief recess. At 3:05 p.m., Council reconvened with ~yor Webber presiding and all the members of Council present. PAP. KING GARAGES H~. Llsk offered.the following emergency Ordinance relative to the acquisition o£ property from Trustees oE Hountain Dale Lodge, I. O. O. F., for a compromise settlement of $245,000;00~ said property being needed for the orE-street parking garages (S21734) AN OP~INANCE amending Ordinance No. 21398, adopted Hatch 4, 1974, providing for the city's acquisition of certain property vented and needed as part of the site for a publicly.o~med off-sWeet parking facility in the City of Roanoke, by authorizing payment of the sum of $245,000.00 as a compromise purchase price therefor~ and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 40, Page 62.) M~. Lisk moved the adoption of the Ordinance. The motion vas seconded by Mr. Garland and adopted by the following votes AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and ~yor Webber ...............................?. NAYS; None ....................... 0. PAR/(~ AND PLAYGROUNDSI }$ayor Webber called to the attention of Council that there is a vacancy on the Roanoke Transportation liuseum Committee created by the resignation of Mr. Richard W. Kienle for a term of one year ending July 1, 1975, and called for nominations to fill the vacancy. Mr. Thomas placed in nomination the name of Mr. Beverly T. Fitzpatrick, Jr. There being no further nominations, Mr. Beverly T. Fitzpatrick, Jr., was elected as a member Of the Roanoke Transportation-Museum Committee for a ter~l of one year ending July 1, 1975, by the following vote: FOR MR. FITZPATRICK: Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ......................... ?. There being no further business, Mayor Webber d~clared the ~eeting adjourned. APPROVED Deputy City Clerk Mayor 331 COUNCIL~ REGULAR MEETING, Money, August 19, 1974. The Council of the City of Roanoke met in regular meeting in the Council chamber in the Municipal Building, ltonday~ August 19~ 1974, at 2 p.m., the regular meeting hour, with Mayor Roy L. Webber presiding. PRESENT~ Councilmen Robert A. Garland, William S, Bubard, David K. Lisk, Noel C. Taylor, Hampton W. Thomae~ Ja~es O. Trout and Mayor Roy L. Webber ................................... 7. ABS~NT~ None ..................0. OFFICERS PP~SENT= Mr. Byron B. Haner, City Hanagerl Mr. Sam B. NcGhee, II1, Assistant City lianagers Mr. Jalaes N. Kincanonl City Attorneys Mr. B. Ben Jones, Jr., Assistant City Attorneyl and Mr. A. N. Gibson, Director Of Finance. INVOCATION~ The ~eting was opened with a prayer by Dr. Noel C. Taylor, member Of City Council. MINUTES= Copy of the minutes of the regular meeting held on Monday, August 12, 1974, having been fu~nlshed each m~er of Council, on ~otlon of Mr. Trout, seconded by Mr. Lisk and unanimously adoptei, the reading thereof was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS= NONE. PETITIONS AND COMMUNICATIONS: A2~NEXATION-CONSOLIDATION: A communication from Mr. G. W. Nicks, Mayor, Town of Vinton, again requesting the consideration o£ Council of Resolution NO. 547 adopted by the Council of the TOWll of Vlnton, ttrglng that the city take the armexation issue ko the quallfled voters of each locality for a possible consolidation agreement, was before the body. Mr. Thomas moved that the communication be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. BUDGET-SCHOOLS= A com~lunication fro~ the Roanoke City School Board requesting that $315,000.00 b~ appropriated to the 1974-75 Capital Improvements Project Account to construct and equip the Fallon Park Elementary School, was before Council. Mr. Trout moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance t~ansferring $315,000.00 from Vocatibnal Technical.Center to Fallon Park Elementary School under Section %889, 'Transfers to Capital Improvements Fund,' of the 1974-75 budget= (12i735) A~I ORDIHAN~ to 'a~end and reordain Section 188~ "t~ans- fers to ~pl~l ~ov~nts F~d~~ o~ ~e 1974-75 Appropriation O~d~ance~ ~d p~ovidin~ for an (For full text of Ord~ce, see 0rd~ce ~k No. 40~ Page 65.) ~out ~ved ~e ad0p~ of ~a Ordin~ce. ~he ~tion was seconded by Dr. Taylor ~d a~pted by ~e ~oll~g vote~ AY~ ~ssrs. Garl~d~ H~d~ ~lsk~ ~aylor~ Th~s~ Trout ~d ~yor ~eb~r ......................... g ....... 7. ~YS= None ........................ 0. After a discussion as to whe~er or not f~ds that were approved In ~e 1972 bond Issue for ~e Vocational TecMical Center ~111 have replaced~ ~. Llak ~ved ~at ~e City Attorney ~ lns~ucted to prep~e a report of clarification as to how ~e ~nd issue of 1967 was different from ~e bond issue of 1972 relative to ~e replacer of i~ds ~at have been approved for a specific pu~ose and If ~e ~ds ~at were approved for Vocational Tec~ical Center will have to ~ replaced for ~at particular p~se. The aotlon ~as seconded by ~. Garl~d and ~usly adopted. BUrET-SCHWa: A c~ication from ~e Ro~oke City Sch~l ~ard re~estin9 ~at ~25~000.00 ~ appropriated to ~e 1974-75 ~pi~l I~prov~ents Pro3ec~ Acco~ for ~e cons~c~ion of an addition to Oakl~d El~en~ Sch~l~ was ~fore Cocci1. ~. Trout moved ~at Cocci1 conc~ tn ~e re~est of ~e Roanoke City Sch~l ~ard ~d offered ~e following ~ergen~ Ordln~ce transferring ~25~000.00 ~=om Vocational Tec~ical C~ter ~o Oakl~d El~en~ Sch~l ~der Section ~889~ 'Transfers to Capital ~ov~ents F~d~= of ~e 1974-75 budget: (~21736) ~ O~IN~ to ~d ~d ~eordain Section 1889, 'Transfers to Capi~l ~prov~s F~d~' of ~a 1974-75 Appropriation Ordin~ce~ and provid~g for an (For full text o~ Ordln~ce~ see Ordinance Book No. 40, Page ~. ~ou~ ~ved ~e adoption of ~e Ordin~ce. ~e ~tlon seconded by ~. ~o~s ~d adopted by ~e following vote: A~S: Hessrs. Garl~d, H~ard~ Lisk~ Taylor~ Th~s, ~ou~ and ~yor ~eb~r .................................... ~YS: Hone'- ..........................0. B~ET-S~: A c~ica~ion from ~e Roanoke City Sch~l ~ard requesting ~at $~0~100.00 ~ appr~priated to Section ~2200~ =Sch~ls - Crafts- ~n-ln-Re~ld~ce Vrogr~,' of ~e 1974-75 budget of ~e Roanoke City Sch~l Board~ said ~t including ~6~100.00 to ~ re~sed by ~e Virginia 333 3,3-4 C~mission of ~zts end Humanities and $4w000.00 to be tzansferred from ~e Sch~l ~a~d budget, ~as ~fo~e Co~c~L. ~. ~out ~ved ~a~ Co~c~l conc~ In ~e =e~esh o~ ~e ~oke Ci~ Sch~l ~a~d ~d offered ~e fo~l~lng ~r~ O=d~n~ce ~6~100,00 ~o Section ~2200, 'Sch~ls - C~aft~-~-~sldence P~r~' of ~e 1974-75 budget = ($21737) ~ 0~I~ to ~nd ~d reorda~ Sec21on t2200~ 'Sch~ls Crafts~-in-Resid~ce Program' of ~e 1~74-75 Rpp~opziation Ord~n~ce~ and providing for ~ (For full text of O=d~ce, see Ordin~ce ~h Ho. 40, Page ~. ~ou2 ~ved ~e adoption of ~e O~n~ce. The =~lon seconded by ~. Lls~ ~d =dop2ed b~ ~e fol!~ln~ vote= AYe= ~ssrs. Garl~d~ H~d~ Lisk, Taylor, ~o~s~ Trout and ~yor W~b~r ................................. 7. ~YS= Noae ........................ 0. B~ET-SCH~= A co=~cat~on ~rom ~e Roanoke C~ty Sch~ ~ar~ re~esting ~at $9,196.28 ~ appropr~ate~ to Section %20O00, 'Sch~s - Work Ince~tive Pr~r~, Vlrg~n~a ~lo~t Co~s~on,' of ~e 1974-75 b~gat of ~e Ro~oke City Sch~l Boar~, sa~ ~t to be ~sed to cover ~s federa~ progr~ for ~ p~ose of transferring f~s fr~ f~scal ~e~ 1973-74 and to cover n~w e~end~t~=s ~tl~ ~s ~rogr~ ~s re.nateS, was ~fore Co~cll. ~. ~out move~ ~at Cocci1 conc~ ~n ~e request of ~ ~oke City Sch~ ~ar~ an~ offered ~e fo11~ing ~rgency Organic== (%21738) ~ O~N~ to ~ ~ reor~ain Section %20000, 'Sch~ls Work Znc~t~ve ~rogr~, Virg~a ~pl~t C~ssion,' of ~e 1974-75 Apprppr~ation Or~ce, and prov{~g for an ~rgen~. (For Eull t~t of Or~n~ce, se~ Ordinance ~ok NO. 40, Page ~. Trou~ moved ~ adoption of ~e Ord~n~c=. The ~t~on was seconded by ~. L~sk ~ a~opte~ ~y ~e foll~ng vote= A~S= Messrs. Garland, H~, Lisk, Taylor~ Th~s~ Trout an~ ~yor Weber .................................... NAYS = None ........................... 0. BU~E~SCH~= A c~lcat~on from ~ ~oke C{ty Sch~l Boar~ requesting ~at $14~962.40 ~ appropriate~ to Section %44000~ 'Sch~ls - Work ~per{ence an~ Career ~loration Progr~ - A~tson J~ior H~gh School,' of ~e 1974-75 budget of ~e Ro~uke City School ~ar~, 100 ~r cent of actua~ exp~d~t~es to be re~sed by C=nweal~ of Virginia f~s, was before Co~cl'l. Hr. ~'OUt moved that Council concur in the request of tho Roanoke City School Board and offered the £oll°~ng emergenc~ 0rdinance~ (121739) ~ ORDI~CE to a~end and Zeordain Section t44000, 'schools - Work Experience and Career Exploration Progra~ - Addison dunlor Sigh Schoolt= of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 68°) Hr° Trout moved the adoption of the Ordinance° The motion was seconded by Hr. Llsk and adopted by the follo~ing vote~ AYES~ Messrs. Garland~ Hubard, Lisk, Taylor~ Thomas, Trout and Mayor Webber ................................ NAYS: None ....~i ................. 0. pLANNED pAreNTHOOD OF ROANOKE VAIJ~EY, INcoRPORATED: Hr. Thomas T. Lawson, Vice-President, Roanoke Valley ~eague for Planned Parenthood, appeared before Council and presented a request of Planned Parenthood that Council appropriate a m~ninum grant of $8,000.00 to Planned Parenthood of Roanoke Valley, Incorporated, tn assist in the continuation of their various service programs. (For full text, ~ee co~nu~ication as flled in the City Clerk's Office.) Hr. Hubard moved that Council concur in the request of the Roanoke Valley League for Planned Parenthood and that the City Attorney be instructed to prepare the proper measure appropriating the sum of $8,000.00. The motlon was seconded by Hr. Trout and ~nanimously adopted. Mr. Thomas moved that the City Attorney also be instructed to prepare the proper measure requesting the other government~ in the Roanoke Valley area to consider the request of Planned Parenthoo~ and participate in said request as they so desire. The motion was seconded by Dr. Taylor and unanimous- ly adopted. TAXES: A comuaication from Hr. Ernest W. 'Owens, President, East Gate Civic League, requesting consideration for tax relief for the totally and permanently disabled under 65 years of age, and concurring in bicycle licunslng and placing real estate taxes on property now exempt from such taxes, was before Council. Hr. Garland moved that the co=~tmlcatlon be referred to the City Taxes Committee for studY, report and reco~mmndatton to Council. The motion was seconded by Hr. Trout and ~nan~mously adopted. AUDITS-HOUSING-SLUM dLEA~ARC~: A co~u~icatton from Hr. Carroll A. Mason, Area Director, Department of Housing and Urban Development, transmitting Copy of an audit report of the City of Roanoke Redevelop~nt and Housing Authority prepared for the period Of April ~, 1970, through September 30, 1973, 336 advising t-hat m~m~re of his e~aff are currently reviewing the relmrt and will be in touch with the staff of the Redevelolm~nt and Housing Authority relative to their deter~lnation for the appropriate action required with respect to the findings, vas before Council. (For full text, see report as filed ~u the City Clerk's Hr. Thomas moved that the report be received and filed. The motion was eecondedby~Lro Lick and unanimously adopted. P~EPORTS OF OPFICF~S~ BUDGET-GI~J~TS: The City ~tnaqer submitted a written report advising that the Division of Justice and Criln~ Prevention has approved a grant request for funds to continue operation o£ Bethany Hall for alcoholic women in the aunt of $34,654.00, $31,188.00 to come from federal funds, $1,733.00 fro~ D~CP general funds, and $1,733.00 provided locally in cash match which will be from Bethany Nell funds with no ctty~oneytnvolved, reco~nendlng that the City Hanager be authorized to execute the appropriate forms for acceptance of this gran~ and that $34,654.00 be appropriated to this grant account. Dr. Taylor moved that Council concur in the request o£ the City Hana~er and offered the following emergency ordinance appropriating $34,654.00 to Bethany Hall under the 1974-75 Grant Program Accoth~t: (121740) A~ ORDINANCE to appropriate to the City of Roanoke~s Grant Program Account, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 40, Page Dr. Taylor moved the adoption of the Ordinance. The motion seconded by Hr. Trout and adophedhy the following vote: AYES~ Messrs. Garland, Nubard, Lisk, Taylor, Thomas, Trout and Hayer Webber ................................. NAYS: None ......................... 0. Dr. Taylor further offered the following Resolution authorizing the acceptance, execution, and filing of the grant: (121741) A RESOLUTZO~ authorizin~ the acceptance, execution, and filing of the 'Special Conditions for Action Grant A~ards' with the Division of Justice and CrLme Prevention for an action grant of federal funds to continue the operation of a hal£~ay house for alcohollc ~omen in the city. (For ful~ text of Resolution, see Resolution Book No. 40, Page 69.) Dr. Taylor moved the adoption of the Resolution. The motion seconded byHr. Lisk and adopted by the following vote: AYESI Messrs. Garland, Hubard, Ltsk, Taylor~ Thomas~ ~rout and Mayor Webber ................................. 7. NAYS: None ........................ 0. BUDGET-~KAFFIC-GRANTSz The City Hanager suhnitted a wrltt'.en report advining that the Skate Highway Safety Division has approved a~d awarded to the city certain Highway Safety Federal Granks for Project No, AL75-128-003- 101 (Alcohol In Relation to Highway Safety) ~nd Pro~ect Ho. PT?5-1280014-101 (Police ~:afflc Services) In the maount of $6,23?.00, representing fifty per cent of tokal project coska, that said tokai pro~ect cost8 is $12,475.00, the city's share being S6,238o00, reco~nding that Council approve accepkance of these grants and authorize the City Hanager to execute the appropriate forms thezefor, ~nd that $12,475.00 be appropriated to the Police Departnent's account, the $6,23?°00 obligated federal funds to be reimbursed by the Skate Highway Safety Division. Mr. Trout moved that Council concur in the report of the City Manager and offered the foll~i~g emergency Ordinance appropriat~g $12,475.00 to ~ighWay Safety Equipment under Section J345, "Police Department," of the 1974-75 budget: (J21742) AN ORDINANCE to a~end and reordain Section J345, "Police Department,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page ?0.) Hr. Trout moved the adoption of the Ordinance. ~he motion was seconded by Mr. Lisk and adopted by the following vote.* AYES: Messrs. Garland, Huba~d~ Liskr Taylor~ Thom~s~ Trout and Mayor ~ebber ................................ 7. NAYS .* Hone ....................... 0. Hr. Ltsk then offered the following ~ergency Ordinance authorizing and directing acceptance of the grants.* (J21743) AN ORDTHANCE authorizing and directi.~.g acceptance of certain federal highway safety gran~e offered to the city upon the term~ and conditions contained in said offers; and providing fo~ an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page ?0.) Hr. Lisk moved the adoption of the Ordinance. The motion was seconded by Hr. T~out and adopted by the follo~ing vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayor Webber ............................... 7. NAYS: No~e ......................0. BUDGET-POLICE DEPARTMENT: The City Manager submitted a written report recommending the hiring of an additional school crossing guard to be stationed on Salem T~rnpike to assist children attending Forest Park Elementary School, and that $1,054.00 be appropriated for this purpose. :337 ~r. Lick ~oved that Council concu~ ~n the report of the City Hanager and offered the follovLng emergency Ordinance appropriating $1,054.00 to Salaries and t/ages under Section J345, 'Police Depertment,' of the 1974-75 budget z (t21744) AN ORDIHANCE to amend and reordain Section 1345, 'Police Department,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40~ Page 71.) Hr. Llsk moved the adoption of the Ordinance. The motion was seconded by Hr. Thomas and adopted by the fo%lowing vote: AYES~ Messrs. Garland~ Hubard, Lisk, Taylor, Thomas, Trout and Hayor Webber ............................... ?t NA¥S= None ....................... 0. MUNICIPAL BUILDINGz The City Manager s-~mttted a written report recommending that approval be granted for the expenditure of an additional $4,515.23 of the available Courthouse renovation capital monies to cover necessary cost overrun in connection with repairs and modifications to the Courthouse Building to provide space for the City Collector's office and for the relocation of other functions. (For full text, see report as filed in the City Clerk's Office.) Dr. Taylor 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 measure. The motion was seconded by Hr. Trout and unanimously adopted. HOUSING-SLUM CLEARAIiCE: The City Manager sullmitted a ~Itten report in connection with placing telephone and electrlcal distribution lines under- ground in the Gainsboro Neighborhood Development Project area, advising that should it be Councilms desire to require nndergronnd utilities in said Gainsboro Neighborhood Development Project area, the City Attorney should be directed to prepare the necessary Ordinance indicating that desire and the City Planning Commission should be asked to study the feasibility of requiring ttnderground utilities in all new subdivisions. Dr. Taylor moved that the matter be referred to the City Plannlng Commission for study, report and reconnnendation to Council in accordance with the report of the City Manager. The motion was seconded by Hr. Lisk and unani~nous ly adopted. GARRAGE REMOVAL: The City Manager subn~tted a written report advising that at its meeting on August 12, 1974w Council approved obtaining an option for 80 acres of land located west of Salem to be used for regional lnndfill purposes, that on the following day the Roanoke County Board of Supervisors obtained an option on an adjacent 75 acres of lnnd and authorized the County Ad~lnistrator to obtain an option on said sane 80 acres, and reconnending that Council indicate its vlllingnesz to forego obtaining an option on the 80 acres of land if the Roanoke County Board of Supervisors viii indicate its vlllingness and intention to utilize that 80 acres for regional landfill purposes. H~. 1~OUt moved that the report of the City Hanagcr be tabled. The motion was seconded by H~o Llsk and adopted, H~o Thomas not voting. ~r. TrOUt then offered the following emergency Ordinance authorizing and directing the City Hanager to negotiate for and enter into a certain option agreement upon certain texans and conditions= (~21745) A~ ORDI~La~CE authorizing and directing the City Hanager to negotiate for and enter into a certain optiou agreement upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page ?2.) H~. Trout moved the adoption of the Ordinance. The motion vas seconded by lit. Lisk and adopted by the folloving vote= AYES= Hessre. Garland, Hubard, Llsk, ?aylor, Trout and Hayor Webber ................................... 6. NAYS= None ....................0. (H~. Thomas not voting) Hr. Trout t/~en offered the following Resolution expressing the inten- tion of Council to relinquish or assign a certain option agreement, upon certain terms and conditions= {~21746) A RESOLUTION expressing the intention of Council to relln- quish or assign a certain option agreement upon certain term~ and conditions. (For full text of Resolution, see Resolution Book NO. 40, Page 73.) Mr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Lick and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Trout and Mayor Webber ................................... 6. NAYS= None ....................0. (Mr. Thomas not voting} POLICE DEPARTM~NT-FI~E DEPARTMENT= The City Manager s~b~u~tted a written report as to the status of personnel in the Police Department and the Fire Department as of July 31, 1974. Mr. Trout moved that the report be received and filed. The motion was seconded by Hr. Hubard and unanimously adopted. ANNEXATION-CONSOLIDATION= The City Attorney submitted a written report in connection with arrangements which have been made with attorneys and consultants associated and employed on behalf of the city in connection with pending arulexation ~atters, advising that he has reql/ested and obtained from counsel heretofore associated in those matters written proposals for continuation of those services throughout the current proceedings, and, in a~dition, a proposal from counsel who has heretofore been ~loyed by those ~.339 groups of residents anxious for annexation of the #~ndsor Bills and Municipal A~rpo2:t a~eas into ~he City of Roanoke~ and, additionally~ advising that ~he specified technical services of Norton Hoffman & Con~any~ Inco~orated, have OVerrun ~he cost of services by app~ozimately' $700.00 and requesting ~he $10~000.00 maxlnmn provided in Ordinance No. 21544 be anended to provide a ~azin~ of $15,000o00 for all such services of Hor~on Hoffman & C(mpany~ Incorporated. (For full text, see report as filed-in the City Clerk's Office.) Hr. Trout moved that CoUncil concur in the report of the City Attorney and offered the follow~ng ~merqency Ordiaance amendlng Ordinance No. 2~544 providing for the city's engagement of Morton Hoffman and Company, I~corporated, upon certain terms and conditions= {%21747) AR ORDINANCE ~nding ordinance No. 21544, provid~ng for the city's engagement of certain professional consultant services upon certaLn terms and condittons~ and provid~ng for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page Mr. Trout moved the adoption of ~e Ordinance. The motion was seconded by Mr. ~.isk and adopted bythe following vote= AYES= Hessrs. Garland, Hubard~ Ltsk, Taylor, Thomas, Tro~t and Mayor Webber ............................... NAYS= None ...................... 0. Hr. Trout offered the following emergency Ordinance authorizing and providing for continuance of employment of the firm oE Mays, Valentine, Davenport & Moore, Attorneys at Law, to advise and represent the city in matters relating to retrial of the an~exation proceedings pending ~n the Circuit Court of Roanoke Cottaty: (~21748) AR ORDINANCE authorizing and providing for continuance employment of special legal counsel for the city in certain legal matters~ and providing [or an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page Mr. Trout moved the adoption of the Orct~nance. The motion was seconded by Dr. Taylor and adopted by the following vote~ AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. NAYS = None ......................... 0. Hr. Trout offered the following emergency Ordinance authorizing and providing for the e~ployment Of the legal services of Lawrence C. Musgrove, Attorney at Law, as speclal legal counsel for the City and certain parties petitioning to have their territory annexed to the city in certain annexation proceedings pending in the Circuit Court of Roanoke CoUnty= (~21749) AN ORDI~C~ au~orizing and p~ovld~ng fo~ ~e ~lo~n~ of legal co~sel fo~ ~e city ~ ce~ legal ~tte~s~ and providing for ~ (For full text o[ Ord~ce~ see Ord~ce ~k No. 40, Page 76.) ~. ~out ~ved ~e adoption of ~e Ordin~ce. ~e ~tion was seconded by ~. H~d ~d adopted by ~e foll~g vote~ AY~ ~ssrs. Garl~d~ H~d~ Lisk~ ~aylor, ~s, ~out ~d ~yor Weber ..................... a ........ --7. NAYSz None ..............~ ........ 0. ~. Trout offered ~e roll,lng ~ergen~ O~d~ance au~oriz~g and provldhg for continu~ce cf ~lo~nt of Willi~ L. ~rtin, Atto~ey at ~w, to advise ~d repres~t ~e city tn ~tters relating to re~lal of ~e ~exa- tion pr~eedings pending in ~e Circuit Court of Ro~oke Co~ty~ (~21750) ~ 0~I~ au~orlz~g and provld~g for continu~ce of ~lo~t oi special legal co~sel for ~e city in cezta~ legal mttersl ~d provld~g for ~ e~rgen~. (For full text of Ordin~ce, see Ordin~ce ~ok No. 40, Page 77.) seconded by ~. Th~s ~d adopted by ~e foll~h~ vote~ A~S~ Mess~s. Garl~d~ H~ard~ Lisk~ Taylor, Th~s~ Trout and ~yor Weber .................................. 7. concerning t~ant ~vin9 e~ensas ~ cond~nation p~oceedings in connection wi~ ~e acquisition oi property upon which to cons~ct a p~lic parking facility, rec~d~g ~at Cocci1 au~orize ~e pa~t of $7,842.00 repre- sent~g ~ving e~enses of Flora Realty Co~y, Inco~orated~ tenet of (For ~ull text, see re~rt as filed in ~e City Clerk's office.) ~. Trout ~ved ~at Co~cil conc~ in ~e report of ~e Cit~ Atto~ey and offered ~e fo11~ing Resolutionl (~21751) A ~OL~ION provid~g for a ~v~g ~ense paint to a certain t~t displaced by reason of ~e a~isition of property for cons~ctlon of a p~lic park~g garage, upon certain te~ ~d conditions. (For [ull text of Resolution~ see Resolution B~k No. 40, Page ~. Trout moved ~e adoption of ~e Resolution. The ~tion was seconded by ~. ~s ~d adopted by ~e foll~g vote= ~yor Weber ............................... 7. BUDGET~ The Director of F~nanca subleted a ~l~t~ re~t t~s- ~974075 bu~ge~ re~. ~. ~isk offered ~e foll~g ~rg~ O~ca ap~ropriating $110,000.00 to H~ter Viaduct Wlden~g ~der-Secti~ J889, '~sfers.to Capital ~ov~ts F~d,' of ~e 1974-75 budget~ '. (J21752) ~ O~XN~ to a~nd ~ reorda~ ~e Capital I~rov~nts ~d 1974-75 Approprlati~ O~ce, ~d pro~ld~g for ~ (For fell text of Ord~ce~ see Ordin~ce B~k HO. 40, Page ~. Llsk ~ved ~e adoptio~ of ~ O~ln~ce. ~e ~tion was seconded by ~. Garland ~d adopted by ~e follow~g vote: A~Sz ~ssrs. Garl~d, H~ard, Llsk, Taylor, Th~s, T=out ~d ~yor ~eb~r ................................. 7. HAYS~ None ......................... D~. Taylo= offered ~e roll,lng ~rg~ O~din~ce decreasing Route 460 accost by ~292,044.00~ increasing the No=~esh Libra~ accost by ~100,000.00~ increas~g ~e ~el City H~ accost by increasin9 ~e Wal~ay on Lick R~ ~el accost by $10,000.00; increasing ~e Wells Avenue and 2nd S~eet, N. E., Intersection ~prov~n~ acco~2 by $7,044.00~ ~d lnc=easin9 ~e Re-ligh~ Shaifers C=ossing a~co~t by $25,000.00 ~der Section J889, 'Tr~sfers to Capl~l ~rov~nts F~d,' of ~e 1974-75 bud9e~ (J21753) ~ O~I~ to ~d ~d reo~da~ cer~in sec~ons of ~e Capital ~rov~ts F~d 1974-75 Appropriation Ord~ce, ~d p=oviding (For full text of Ord~ce, see Ord~ce B~k No. 40, Page 79.) Dr. Taylor move~ ~e a~option of ~e Ord~ce. The motion was seconded by ~. Trout ~ adopted by ~e foll~g vote: A~: Messre. GarliC, H~d~ ~sk~ Taylor~ Th~s, Trout ~d ~yor Weber ..................................~ NAYS: None ..................... .... 0 WA~R DEP~: The Director of Fin~ce s,,~m{tte4 a written report conce~ing ~e pr~ed~e for pay~g water bills at local b~ks, advis~ ~at ~ere has ~en prepped a proposed agre~t to ~l~nt ~is pr~ed~e which is not satisfacto~, reco~-nd~g ~at ~e City Atto~ey directed to prepare ~ Ordin~=e ~ acc~lish what ~e Director~ of F~ance considers ~o ~ a ~re effici~t ~ ~roper proce~e ~asmuch as ~e collectlon of ~ese f~4s will ~ ~der his consol, ~ to ~cl~e in ~e agre~nt l~guage ~at would give ~e Dire=tot of Fin~ce ~e au~ority to desi~ate the person or persons authorized to sign the checks to d~aw the funds from (For' full text, see report as filed in the City Clerk's Office.) Hr. Hubard moved that the report be referred to the Audit Committee for study, report and recfl~adation to Council. The motion was seconded Hr. T~out and unan~ously adopted. P~PORTS OF CQF~I~TTEES: NOHEo UNFINISHED BUSIHESS: NONE. CONSIDERATION OF CLAIHS: NONE° INTRODUCTION A~D CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SE~RS ~D STOP~ DI~INS: OrdLuance No. 21731, accepting the proposal of General American Transportation Co~poration to continue to lease to the city slx rubber l~ned rail tank care for use at the city*s Sewage Treatment Plant, upon certain terms and condittons~ and authorizing the city's sublease of said tank cars to Wheeling-Pittsburgh Steel Corporation, hav~ng previously been before Council for its first reading, read and laid over, wae again before the bo~y, Dr. Taylor offering the following for its second reading and final adoption: {%21731} AN ORDINANCE accepting the proposal of G~neral American Transportation Corporation to continue to lease to the city slx (6) rubber lined tall t~nk care for use at the city's Sewage Treatment Plant, upon certain terms and conditions~ and authorizing the cityts sublease of said tank cars to Wheeling-Pittsburgh Steel Corporation. (For full text of Ordinance, see Ordnance Book No. 40, Page 64.) Dr. Taylor ~oved the adoption of the Ordinance. The ~otion was seconded by Hr. Trout and adopted by the following vote: AYES: Mesere. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... ?. NAYS: None ......................0. BUDGET-POLICE DEPARTM~NT-G~NTS: Hr. Trout offered the following emergency Ordinance appropriating $1,926.00 to Police Training Program under the City of Roanoke~s Grant Progra~ Account: (%21754} AN ORDINANCE to appropriate to the City of Roanoke~s Grant Pr6gram Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 80.) Mr. Trout moved the adoption of the Ordinance. The ~otion was seconded by Hr. Llsk a~d adopted by the following vote: AYES= Mesers. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................... ? · NAYS= None ...................... 343 · , MOTIOHS AND MI$~r~,?.~IEOUS BUSTHESn ~ P, EVENUB SHARIN~ ~, R~d p~es~te~ ~ c~lcation sugges~g ~at ~e C~t~ ~age~.~a ~e Dlrec~r of F~Ce ~ re~est~ to f~lsh Co~cll, as s~n as convenient, ~l~ ~ estate o~ city ~cm ~ e~enses for fiscal years 1975-76 ~d 1976~77. (~lsregard~g ~y effect of ~exat/~) ~d ~at Co~c[1 ~et as s~n ~ereafter as prac2~c~le as a Co, tree of ~e ~ole to d~scuss ~d establish t~tive pr~or~ties for furze revenue shying f~ds. ~. H~d ~ved ~at ~e ~tter ~ referred to ~e C~ty ~nager ~d the Director of F~n~ce for re~rt ~n accord~ce w~ h~s c~ication. ~e ~t~on was seconded by Dr, Taylor ~d ~usly adopted. ~R ~NGS OF CITIZ~S~ NO~. ~ere ~g no f~er bus~ness, ~yor Weber declared ~e ~et[ng adjo~ed. APPROVED A~ST ~ ~ Deputy City Clerk ~{ayor COUNCIL, ItEGUL~RNEETING, Honday, August 26, 1974. The Council of the City of Roanoke ~et ~n regular=aeting in the Council Chamber in the Hunicipal Building, Honday, August 26, 1974, at 7:30 p.m., with ~ayor Roy L. Webber presiding. pRESENT: Councilmen Robert A. Garland, David K. L~sk, Noel C. Taylor~ Ham~tun W. Thomas, James O. Trout and Mayor Roy L. Webber .................. 6. ABSENT: Councilman William S. Hubard ............................ 1. OFFICERS PRESENT: Hr. Byron E. Haner, City Manager! Hr. Sam H. McGhee, III, Assistant City Hanager; Mr. James N. Kincanon, City Attorney; Mr. B. Ben Jones, Jr., Assistant City Attorney~ and Hr. A. N. Gibson, Director of Finance. INVOCATION: The meeting was opened with a prayer by Dr. Noel C. Taylor, Member of City Council. MINUTES: Copy o[ the minutes of the regular meeting held on Monday, August 19, 1974, having been furnished each nember of Council, on motion of Hr. Trout, seconded by Mr. Lisk and unanimously adopted, the reading thereof was dispensed with an~ ~le~inutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: I~EGIONAL JAIL--TRAFFIC: pursuant to notice of advertisement for bids for operating an Off-street parking lot at 314 Campbell Avenue, S. W., said proposals to be received by the City Clerk until 2:00 p.m., Monday, August 26, 1974, and to be opened before Council at 7:30 p.m., on that same date, Hayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids~ whereupon, the City Clerk opened and read the followlng bids: Name Per Cent Monthly Gross Receipts J & S Parking Company, Incorporated 52.5 J. A. Meador 51 Hr. Thomas moved that the bids be referred to a committee for tabulatior report and recc~am~ndation to Council. The motion was seconded by Hr. Lisk and unanimously adopted. Mayor Webber appointed Messrs. Byron E. Hansr, Chairman, and A. N. Gibson as members of the ccm~nittee. STREETS A~D /tLLEYS: Council having sst a public hearing for 7:30 p.m., Monday, August 26, 1974, on the request of the city of Roanoke Redevelopment and Housing Authority, that certain streets, avenues and alleys within or bordering the area of the Downtown East Urban Renewal Project VA R-42 in the southeast 345 section of the City of Roanoke be vacated, discontinued and closed, the matter vas before the body. In this connection, the City planning Co~n~ssion sub~Ltted a mitten report recom~-nding that the request be 9ranted. (For full textw see report as filed in the City Clerkte Office.) The viewers appointed to view the streets, avenues and alleys sub~ttted a written report advising that they have visited and viewed the streets, avenues and alleys in question and the adjacen2 neighborhoods and they are unanJ~aously oE the opinion that no inconvenience would result to any individual from vacating, dlscontlnuLng and closing same. Mr. Allen W. Staples, Attorney, representing the petitioner, appeared before council in support of the request of hie client. No one appearing in opposition to the request, ~r. Lisk moved that the following Ordinance be placed upon its first reading** (J21755) AN OI~TNANCE pe~z~anuntly vacating, discontinuing and closing certain streets and perttone of streets, avenues and portions of avenues, and alleys within the boundar~ of or bordering the Downtown East Urban Renewal Project VA R-42 in the southeast SeCtion of the City of Roanoke, Virginia, as are hereinafter more fully described. (For full text of ordinance, see Ordinance Book NO. 40, Page 97.) The motion was seconded by Hr. Trout and adopted by the following AYES** Hessrs. Garland, Lisk, Taylor, Thomas, Trout and Hayor Webber ................................... 6. NAYS: None ....................0. (Hr. Eubard absent) ZONING: council having set a public hearing for 7.'30 pom., Honday, August 26, 1974, on the request of Hr. James M. Brandon that property described as the easterly 20?.8 feet of the northwesterly part of original Lot 3, Section 1, Liberty Land Company, Official Tax No. 3100920, located in the 2800 block of Edison Street, N. W., be rezoned from ~, Duplex Residential District, to RG-1, General Residential District, the matter was before the bedy. In this connection, the City Planning Com~ssion s~mitted a written report ree~-~nding that the amended request for a RG-1, General Residential District, be approved, in lieu Of a RG-2, General Residential District. (For full text, see report as filed in the City Clerk's office.) Hr. Frank N. Perkinson, Jr., Attorney~ representing the petitlon~r~ appeared before Council ~n support of the request of his client. No one appearing tn Opposition to the request, Hr. Lisk moved that the following Ordinance be placed upon its first reading** ([21756) ~ ORDINANCE to amend Title XV~ ~hapter '4.1t Section 2~ Sectional 1966 Zone ~p, C~ty of ~oke, In relat~ to Zon~g.' (For full text of O~ce, see Ordin~ce ~k No. 40,' ~a~e' 101.) ~e ~ ~as seceded by ~. Trout ~d adopted by ~e foll~n~ ~5~ ~essrs, Gazl~d~ Llsk, Taylor, Trout ~d ~eb~ ............................... ~-5 · ~AY~ ~one .................. 0. {~. H~afd (~, Th~s not ~lng) ZONINGz CO~Cil having set a p~lic hearing for ~30 p.m., ~nday~ Au~st 26~ 19~4, on ~e request of Plied Profits, lnco~rated, ~at pro~rty sit. ted on ~e not.east co.er of Tazewell Aven~e~ S. 300 bl~k, and Interstate ~ute No. 581, descried as ~ts 26~ 2~ and 28, Block 3, ~ of Wo~l~d Park, Official Tax Nos. 4011516, 401151V rezoned fr~ RG-2~ General Resid~tial Dis~ict~ to C-2~ General Co~rcial District, ~e ~tter was ~fore ~e ~y. In ~is co~ection, ~e City Pl~g Co~sslon s~tted a ~ltten re~rt rec~ndinq ~at ~e request ~ approved. (For full text, see report as filed In ~e City Clerk"s ~. Claude D. ~rter, Atto~ey~ representing ~e petitioners, appeared ~fore Co.oil in support of ~e r~uest of his cli~ts. No one ap~aring in opposition to ~e request for rezoning, Trout ~ved ~at ~e fo11~g Ord~ce ~ placed upon its first reading: (~21757~ ~ O~IN~ to ~d Title ~, Chapter Code of ~e City of ~oke, 1956, as ~ded, and Sheet No. 401, Sectional 1966 Zone ~p, City of Ro~oke~ in relation to Zon~g. (For full text of Ord~ce, see Ordnance B~k No. 40, Page 102.) ~e ~tion was seconded by ~. Garl~d ~d adopted by ~e foll~ing vote= ' AYe: Messrs. Garl~d, Lisk, Taylor~ Th~s, Trout ~d ~yor Webber .................................... 6. NAYS~ None .....................0. (~. H~ard ~sent) ZONING: Co~cil having set a p~lic hear~g for 7=30 p.m., Monday, Au~st 26, 1974, on ~e re.est of ~. ~nd 3. Fox ~ak property located in ~e 900 bl~k of Rolfe S~eet, S. W.~ described as ~ts 34 - 37, inclusive, accord~g to ~e ~p of Section No. 1, Ho~ta~ View Terrace Addition, Official Tax Nos. 1421646 - 1421649, inclusive, ~ rezoned from ~, Duplex Residential District, to ~, Light ~uEact~g Dis~lct, ~e ~tter was ~fore ~e ~y. 347 In this connection, the City planning Commission submitted a mitten report rec_~'~-di.n, g that the request b~ approved. (For full text~ see report as filed in tho City Clerkes Office.) ~r. Philip H. !e~n, Attorney, representing the petitioner, appeared before council in support of the request of his client. No one appearing in opposition to the request, for rezoning, Itt. Thomas moved that the following O~dinance be placed upon its first reading: (~21758) AN O~DI~CE to amend Title XV, Chapter 4.1, Section 2, of The COde of the City of l~enoke~ 1956, as amended, and Sheet Ho. 142, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. (For full text Of Ordinance~ see Ordinance Book No. 40, Page 103.) The motion was seconded by ~b~. Trout and adopted by the follo~ing vote: Ay~..c: Messrs. Garland, Lisk, Taylor, Thomas~ Trout and Mayor Hebber .................................. $ · ~L~YS: Hone ................... 0o {~h~. Nubard absent) ZONING: Cooncil having set a public hearing for 7:30 p.m., Monday, August 26, 1974, on the question of a~ending end reordaining Section 44, Zoning Administ~ator, of Chapter 4.1, Zoning, of Title XV, Construction, Altera- tion and Use of ~and, Buildings and Other Structures, of The Code of the City of Roanoke, 1956~ as amended, by providing that the Zoning A~m~nistrator shall be appointed by the City Manager, the matter was before the bo~y. No one present ~n opposition to the proposed amenclment, Dr. Taylor moved that the following Ordinance be placed upon its first reading: {%21759) AN O~J)[NANCE amending and-reor~aining Sec. 44. Zoning Adm~nistrator, of Chapter 4.1, Zoning~ of Title XV, Construction, Alteration and Use of Land, Buildings and Other Structures, of The Code of the City of Roanoke, 1956, as amended by providing that the Zoning Ad~/nistrator shall be appointed by the City Manager. (For full text Of Ordinance, see Ordinance Book No. 40, Page 104.) The motion was seconded by Mr. Trout and adopted by the following vote = AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. 6. NAYS: Hone ...................0. (Mr. Hubard absent) HOUSING-SLUM CLEARANCE: Mr. Ronald Hurt appeared before Council relatlve to Urban Homesteading, advising that the overall goal of the program is to provide moderate income persons with o~nership of a home partially rehabilltated by the city in exchange for their commitment to complete rehabili- tatlon and occupy the s~ructure, that in addition, it is proposed that the program he concentrated in neighborhoods of mil~ to moderate abandonment where occupancy of currently vacant structures could have a vislble and positive affect on neighborhood stability, recording that the priority ~ to ~roving ~arginal blocks with abandoned properties in viable ~derate ~nco~e neighborhoods and advising that a successful homesteading program wlll not only serve indivi- dual needs for housing but will be designed to have a positive effect on the nelqhborhoods lnvolved~ andw in this way, the city will have multiplied its ~act ~hrough one housing pro~ramw relieving its burden of ~ax delinquent vacant structures, providing hmnes for its residents, and revitalizing neighborhoods faced with mild to moderate abendon~ent problems. With reference to the matter~ co~unications from the Southwest Virginia Con~ntmtty D~velopment Fund~ Coa~unity Organization for Research and Develop- ment~ Incorporated! Roanoke Valley Business Leaque~ Program A~ea citizens Co~nittee for the Gainsboro Neighborhood Development Program~ Northwest Jaycees! and Opportunities Industrialization Center endorsing the U=ban Ho~e- steading Vrogramwere before Council. Mr. Trout moved that the matter be referred to the Real Estate Committee for study, report and reco~ndatton to Council. The motion was seconded by Dr. Taylor and adopted. pETITIONS AND COMMUNICATIONS= VIRGINIA HUNICIPAL LEAGUE= A eo~unication from Mr. 3ack Barnes~ President, Virginia Hunicipal League, requesting that the city Immediately send to the League Offices a signed Resolution indicating the support and prayers of the City of Roanoke for President Gerald R. Ford and America in order that all Resolutions Of this nature can be assembled and ~orwarded to President Ford to indicate the unifled support from local governments in Virginia, was before Council. Mr. Thomas moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Hr. Lisk and adopted. LANDMAP~S: A co~nunication from Mr. Junlus R. Fishburne, Jr., Execu- tive Director~ Virginia Historic Landmarks Commisslon~ advising that =Buena Vista= has been entered in the Natlonal Register Of Historic Places~ was before Council. Mr. Lisk moved that the co~aunlcation be received and filed. The motion was seconded by Mr. Garland and adopted. HANDICAPPED PEOPLE: A communication from Ms. Kitty P. Hall tendering her resignation as a member Of the Mayor's Committee for Employment of the Handi- capped, was before Council. Dr. Taylor~oved that the resignation be accepted with regret. The motion was seconded by Mr. Lisk and unan/~ously adopted. P~EPORTS OF OFFICERSZ BUI~ET-~B~ENTLE ~ ~STIC ~TIOH8 DIST~ ~RTI ~e C~ ~ager s~tted a ~Ltt~ report Re~est~g ~a~ a $25.00 revolv~q ~tty cash f~d.~ es~bllshed at ~e ProbatA~ Houae for ~e p~ose o~ purchasing ~t~ fo~ ~e P~obat~on House~ ~dv~s~g ~a2 ~e ~oy w~ll ~ ~der ~e consol of ~, Jack ~ent who will ~e ~ acco~2~g for each e~endit~e~ 100 per cent of f~ds to ~ ~e~sed b~ ~e C~n~al~ of Virginia. Dr. Ta~lo~ ~ved ~a2 Co~cil conc~ ~ ~e r~es2 ~d offered ~e roll.lng ~rg~cy Ord~ce approprla~ ~25.00 to Petty ~sh ~der Sechlon t115, '~uv~ile Probation House~' of ~e 1974-75 budget~ (~21760) ~ O~I~CE to ~nd ~d ~eo~dain Section t115, '~uvenile Pgobabl~ House,' of ~e 1974-75 Appropriation Ord~ce, and providing for ~ e~rg~. (For full t~t of Ord~ce, see O~d~ce ~k No. 40, Page 81.) Dr. Taylor ~ved ~e adoption of ~e Ordin~ce. The ~tion seconded by ~. Llsk ~d adopted by ~e roll.in9 vote~ A~S~ Hessrs. Garl~d~ Llsk~ Taylor~ ~s~ Trout ~d Webbe~ ...................................... NAYS: None .......................0. (~. H~ard absent) S~ OF PROPER~-~GIO~ ~L~ The City ~ager s~tted a ~itten re~g~ relative to negobiakions ~i~ ~e Roy H. Park Co~orablon for ~e p~chase o~ ~eir parking lo~ located in ~e 300 block o[ ~urch Av~ue~ S. H., advising ~a2 ~e city has ~ info.ed by gepres~tives of WS~ ~ab ~ey ~111 accep~ ~e city*s oli~ of $200,000.00 pg~sed on ~e ass~tlon ~ab in ~e prior to ~e city's actual sta~tn9 to cons~cb on ~is site ~ey ~11 be all~ed to re~ s~ park~g spaces on ~at lob ~d rec~ndin9 ~a2 Co~cil insect ~e City Atto~ey to prep~e ~e necessa~ doc~en~s to p~chase ~S~ parking lo~ for ~e p~chase p~lce oE ~200~000.00. ~e City ~ager pointed ou~ ~at ~e ~ve inEo~lon ~s a verbal accep~ce by WS~ ~d suggested ~a~ ~e repo~ be ~eceived ~d filed ~2i~ accep~ce has been ~eceived. ~. ~sk ~ved ~at ~e report ~ received ~d filed. The ~bion ~as seconded by ~. Ga~l~d ~d adopted. P~ING ~GE: The City ~ager s~tted a ~itten report relative to ~ agre~t w~ National Pl~ng~ ~nco~orated, for provid~g consular se~ices wi~ respect to ~e des~ ~d cons~ction of ~e park~g garage~ advis~g ~at due to certa~ c[rc~ces ~e Pres~d~t of National Pl~g has recorded to ~e city ~at ~e agre~t ~ ~e city ~d National Pl~g be assl~d to ~ad Ass~ates-Divis~on of Conrad Building Syst~ Inco~orated, ~d rec~d~g ~at ~e City ~ager ~ a~or[zed to execute, wi~ Co.ad Associates, ~e assist agre~t which re~[res ~at National Pl~g will r~ a party to ~e agre~nt ~d will perfo~ cer~ con- sult~t se~lces ~ addition to ~ose assl~ed to Conrad Ass~ates. (For full* text, see report as filed ~n the Clty'Clerk's :Office.) M~. Llak moved that council concur in the report of ~h~ City Hanager and offered the following emergency Ordinanc~ ([21761) AN ORDZHANCE expressing the city's consent to the assignment of a certain ~reement frc~ National Planning, Inc.,"t~ Conrad Asso~lates- Dlvist°n of Conrad Building Syeten~, Inc., upon certain terms and conditions~ and providing for en emergenc~. ' .... (For full text of Ordinance, see Ordinance Book No. 40, Page 81.) H~. Lisk moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following votes AYES~ Messrs. Garland, Llsk, Taylor, Thomas, Trout and Mayor Webber ............ 1 ................... 6. NAYSz None .................0. (Hr. Bubard absent) BUILDING D~.PARTMENT-ELECTR~CAL INSPECTOR-PLUMBE~: The City ~nager s-~{tted a written report advising that beg~nning September 1~ 1974, the City of Roanoke will be required to enforce the requirements of the Virginia Uniform Statewide Building Co~e in accordance with the Code of Virginia, Chapter 6, Sections 36-98 to 36-119, that for the city to com~ly w~th the requir~u~nts the Virginia Unifor~ Statew~de Building Code, it is requested that Chapter and Chapter 3.1 of Title XV of the City Code be amended to adopt this new Code, and further that the fee schedule in Section 13 of Chapter 2 o.e. the same title relative to electrical permit fees be updated. (For full text, see report as filed tn the City Clerk's Office.} Hr. Thomas moved that Council concur tn the report ~f the City Manager and offered the following emergency'Ordinance relative to the Building Officials and Code Administrators International, Inc., (BOCA) Code= (%21762) AN ORDINANCE to amend and reordain Chapter 1.1; 'Buflding Code', of Title XV, 'Construction, Alteration and Use of Land, Buildings and Other Structures' of The Code of the City Of Roanoke, 1956, as amended~ providing for the codification of certain of the provisions hereinafter adopted into the Co~ of the City Of Roanoke, 1956, as amended, as Chapter 1.2 of Title'XV of said Code~ adopting By reference, pursuant to the provisions of sections 36-96 through 36-107 of the 1950 Code of Virginia, as amended, that 'certain Butldtn~ COde known as the Uniform Statewtde Building Code of V~rginta adopted from the model code of Building Officials end Code A~lm~nistrators Interuation~l, Inc., (BOCA}, being particularly The BOCA Basic Building Code/19?0 with Accumulative Supple- ment 1973, BOCA Basic Mechanical Code/1971, BOCA Basic Plumbing Code 1970 with Accmnulative Supplement 1973, One end Two Family Dwelling code, 1971 Edition, National Electric Code 1971 and excerpts for One-and-Two Family DwellingS, ~nd The 1974 Accumulative Supplement to Virginia Uniform Statewide Building Code, 351 save and except such portions as a~e deleted~ modified or amended~ for the pttrpose of establish~ng rules and regulations for the construction, alteration, re. oval, demolition, equllment, use~ and occupancy~ location and mintenance of buildings and st_ructu~es~ including ad~tnist~ation~ per. its and penalties; providing for the establishment of fire districts and for the continuation of the city's fire IL~lts~ pro~id~ng for the severabllity of the provisions of this Ordinance; providing for the effective date of this Ordinances and providing for an emergency. (For full text of ordinance, see Ordinance Book NO. 40, Page 83.) ~r. Thonms moved the adoption of the Ordinance. The ~otion was seconded by ~ro Llsk and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor~ Thomas, Trout and Mayor Webber ................................... 6 · NAYS~ None ....................0. (Mr. Hubard absent) Mr. Thomas offered the following emergency Ordinance relative to the Electrical Code: (%21763) AN ORDINANCE to amend and reordaln Sec. 13. Same - Inspection Fees of Chapter 2. Electrical Code~ of Title XV~ Construction, Alteration and Use of Land, Buildings and other Str~ct~ree, of The Code of the City of Roanoke, 1956, as amended, by amending the fee schedule and adding a reinspection fee; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 88.) Mr. Thomas moved the adoption of the Ordinance. The ~otion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber .................................. 6. NAYS: None ...................0. (Mr. Hubard absent) Mr. Thomas offered the following emergency Ordinance relatlve to the p lumlbing Code: (%21764) AN ORDINANC~ to amend and reordain Chapter 3.1, "Plu~bing Code," of Title XV, "Construction, Alteration and Use of Land, Buildings and Other Structures" of The Code of the City of Roanoke, 1956, as amended, providing for the codification of certain of the provisions hereinafter adopted into the Cod of the City of Roanoke, 1956, as amended, as Chapter 3.2 of Title XV of said Code; adopting by reference, pursuant to the provisions of Sections 36-96 through 36-107 of the 1950 Code of Virginia, as amended, that certain Pl~mblng Code known as the BOCA Basic Plumbing Code and the BOCA Basic PIu~blng Code Acchu~u- lative Supplement 1973, save and except such portions as are deleted, modified, or amended, for the purpose of establishing certain regulations, requirements and standards for the installation of any plumbing installed within the corporate limits of the city; providing for the severabllity of the provisions of this Ord~nancem provid~ug for the effective, date .of.this O~d~nanca! and. provid~ng {For full text of Ordinance~ see Ordinance Book Noo .40~ Page 89°) ~tr. Thomas moved the adoption of the Ordinance° The motion was seconded b~ N~o Trout and adopted by the follo~ing votez AYESz Messrs. Garland, L~sk, Taylor~ Thomas, Trout and.Mayor Webber ............. .......... ~ ......... 6. , NA¥S~ None ..................0. (Mr. Hubard absent} AIRPONT~ The City Manager su/~m~tted a w~ltte~ re~ort pointing out that the city has been advised that Mr. C. E. Norris~ .who resides at 3641 peakwood Drive, S. W.~ has offered to donate to the city of Roanoke a flag pole for Roanoke Municipal {Woodrum) Airport and has also offered to donate the cost of installation, advising that it is felt that ~his is a most generous offer on behalf of Mr. Norris and recom~ending that Council adopt a Resolution accepting this donation and expressing the gratitude of the city to Mr. Norris. Mr. Lisk moved that the offer be accepted with appreciation and that the matter be referred to the City Attorney for preparation .of the proper measure of appreciation. The ~otlon was seconded by Dr. Taylor and adopted. ~h~nager submitted a written report relative to House Hill 864 in the General Assembly which would have brought al! utility sales by private utility co~anies State Corporation Commission, thereby permitting the State Corporation Comm~sslo~ to exert the authority to set tariff schedules for. rates by which local govern- ments would pay for electrical power, advising that this bill passed the House of Delegates but at the request of the Virginia Henlclpal League and the Virginla Association Of Counties was carried over until 1975 when it will come up once again, that there is little, if any, doubt that if this bill were to pass the cost for electric service to municipal governments could increase tremendously, recompute their .bills on the former bi~ling rates end pay VEPCO under the former rate, that the steering c~---tttee feels that legal consultants should be hired to move expedit£ously in fact gathering and in deter~ning the positions for negotiations, that special funds are needed to hire this legal consulting firm and rec~nding that Council appropriate $2,718.00 to Contractual Services under Section %101,.'Counoil~' of the 1974-75 budget, to permit the City of Roanoke to participate in this fact gathering so ~hat a unified position m/ght be dete~n~ned. 353 (For full text, see report as filed in the City Clerk's office.) ~fter a discussion of the report, Dr. Taylor ~oved that action on the ~atter be deferred until after the annual meeting of the Virginia Huaicipa! League In September. The motion was seconded by Hr. Trout and unan~nously adopted. LIBI~RIES~ The City Haneger submitted a mitten report relative to consuunications which were w~ltten to various city a~chitecte soliciting interest and proposals for providing architectu~al and engineering services for the pro- posed new branch library in the northwest section of the City of Roanoke, recom- mending that the proposal of Th~pson and Payne, ~rchitecte and Engineers, with a fee for complete services, in the amount of six per cent of the contract prl~:e of the building, be accepted, and that Council authorize the City Manager to enter into a contract with that firm for said architectural services. (For full text, see report as filed in the City Clerk's Office.) Mr. Lisk moved that Council concur in the report and that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Trout and adopted. SCHOOLS-CAPITAL IMPROVEMENTS: The City Attorney submitted a written report in connection with the latitide of CoUncil in the use of bond funds to be derived from the sale and issue of the $10,000,000 of bonds approved at the election held on November 7, 1973, advising that it is his opinion'that should changing facts and circumstances make it tlnnecessary or inadvisuble that e proposed improvement specifically set out under one or more of the broad cate- gories contained in the original capital improvements program not be provided or constructed, the Council has authority and should devote, if necessary, the same money to some other capital public improvement of the same general nature described by that category. (For full text, see report as filed in the City Clerk's office.) Mr. Lisk moved that the report be received and filed. The motion was seconded by Mr. Thomas and adopted. COUNCIL: The City Attorney submitted a written report transmitting a Resolution which would confirm the regular meeting of the Council to be held on Tuesday, September 3, 1974, as the next regular meeting of the CoUncil to be held after the regular meeting held on August 26, 1974, advising that September 1st falls on Suaday and September 2nd is Labor Day, a legal hollday~ that provisions mede in the City Code require that when a regular meeting of the CoUncil fails on a legal holiday the meeting shall be held on the next day following, not a legal holiday nor a Sunday. Mr. Trout moved that Council concur in the report of the City Attorney and offered the following Resolution: (~21765) A P~SOLUTION confirming ~uesday, September 3~ 1974~ as da~e of a r~lar veekly ~et~ of ~e Co~cil of ~e ~t~ of ~oke. (For full text of Resolutl~ see ~solutl~ ~k Ho. 40~ Page ~2.) ~. Trou2 ~ved ~e adop2~on of ~e ~solu2~on. The ~t~on vas seconded by ~. Garl~d ~d adopted b~ ~e foll~g vote~ AY~ ~ssrs. Garl~d~ Llsk~ Taylor, ~s, T~OU2 ~d ~ebbe~ .................................. 6. ~YS~ None ................... 0. (~. H~d ~sen~) ~Fans~ing an Ord~n~ce au~o~zing ~e execu~ion of a ~i~en agFe~ ~l~ ~he NoFfolk ~d ~es~e~ ~lway C~y p~oviding a Flgh~ ~o ~he Cl~y of Roanoke ~o cons~c~ ~in~n ~d operate a sixteen ~nch ~deFgro~d va~e~ pipe l~e ~de~ ~d acFoss ~e pFo~y o~ NoFfolk ~d Wes~e~ neaF A~o~e~ ~d offered ~e roll,lng ~gen~ O~ln~ce~ (J2~766) ~ 0~ au~Flz~g ~e cl~y*o execution of a w~en c~y ~o cons~c~ ~in~in ~d operate ~ ~de~g~o~d 16-~nch va~e~ p~pe line ~de~ and across sa~d C~y*s prope~y a~ i~s Nile Pos~ R-9 · ne~ ~d~ ~ad~ S. W.~ as ~ extension o~ ~e city's ~a~e~ sysco, upon certain ~e~ and condl~ons~ ~d providing foF ~ ~ergency. (FOF full ~ex~ o~ OFd~ce~ see Ord~n~ce Book ~o. 40, Page 93.) ~. Th~s ~ved ~e adoption o~ ~e O~dln~ce. The ~on seconded by D~. Taylo~ and adopted b~ ~e foll~tn~ vo~e~ A~: ~ssrs. Garl~d~ L~sk, Taylor, Th~s, Trout ~d ~yor Webber ............................... 6. NAYS: None ................0. (~. H~ar~ ~sent) ~TIONS: The C~ty Atto~ey s~tte~ a ~tt~ report a~v~s~ng ~at ~e ~yor has receive~ fr~ officials o~ ~e Village of ~oke, ~llinois, notlf~catlon ~at ~at co~ty ~s celebrating, over ~e per~ co~nc~g Au~st 29~ an~ extending ~ough Septet 2n~, ~ts 100~ ~iversa~ as Village of Ro~oke, ~ ~at ~t was suggeste~ ~at reco~t~on ~ tak~ by C~ty Co~c~l, in ~e fo~ of a Resolution, of ~e uente~al celebration which ~s to be obse~e~ ~n ~e V~llage o~ Ro~oke, ~11~o~s, ~ ~at fel~citations be exten~ to ~ residers and o~f~c~als o~ ~at o~er co~ty on behalf of ~e residents of ~e C~ty o~ Ro~oke. ~. L~sk move~ ~at Cocci1 conc~ ~n ~e report of ~e C~ty Atto~ey ~ offere~ ~e fo11~ng Resolution: i356 (121757) & RESOIA~ION directed to ~ho officials and residents of ~he Village of Roanoket Illinois, on ~ha occasion of ~a~ Vlllage*~s Center,al Celeb~a~l~. (~o: full ~ex~ of ~solu~ see ~esolu~lon ~k No. 40~ Page 94.) ~. Llsk ~ve~ ~e a~op~ of ~e Resolution. ~he ~on vas seconded b~ ~. Garl~ ~ adopted b~ ~e foll~ng vo~e~ AY~ Messrs. Garl~d~ Llsk, Taylor~ Th~s~ ~out ~d ~yor Weber ................................. 6. ~YS~ None .................. ~. {~. H~ar~ abs~t) CO~I~S-F~DS-~~ The Ass~s~t C~ty Atto~ey s~tte~ a ~tt~ report re,at,Ye to ~ a~pear~ce ~fore bye. Jack A. P~ representing res~aents of ~e ~1 ~tain Es~tes area ~n ¢o~ect~on w~ fl~g a~ge of ~e Nil1 ~ta~ Estate l~s from a recent hea~ rain due to const~¢t~on s~tes aevoi~ o~ ~y grass~ trees or s~be~ to ~sorb ~e overf~ from hea~ ra~ns~ ~d s~r~z~ng ~e steps ~at have ~en ~a c~ ~ taken to protect ~e r~ghts of ~e concernea residents. (For ~ull text, see report as f~le~ ~n ~e C~ty Clerk's O~[~ce.) Zn ~is co~ection, .~e City ~er called to a c~icat~on~tten by ~e City ~gineer to ~e J~s E. ~ng Cons~ct~on Co~y~ Zncor~ratea~ regara~g surface ~of~ acc~e~ w~ mua ana const~c- t~on debris acc~ulating on ex~st~ng ~ts 9, Bl~k 4 o~ Section ~, M~I~ Mo~ Es~tes, a~vls~ng C~e of Virg~n~a, Section 15.~-867, ~e Off~ce of ~e C~y ~g~neer c~ construe ~ls to ~ a p~l~c nu~s~ce~ ~, ~erefore~ retinas ~at action ~ taken by ~e developer as a t~ora~ me~s o~ re~uc~g ~e probl~til such t~ as ~e ~ro~er graalng an~ seea~ng of ~e new lots has ~en f~na~izea, ~at s~11 reten- tion bas~ns shoula be excavated at ~e rear of ~e new lots to prov~e a certain ~t of area to uontatn ~off water ~a mua along wi~ straw bales ~ing place~ at ~e rear property line to ai~ ~d aZso to reta~ ~e mud, ~d, recessing C~ty ~g~eer~s Office wi~ a pl~ on ~is ~roposal for approval ~a/or rec~- mendations. ~. Garl~ved ~at ~e City Atto~ey ~ ~ns~cte~ to institute ~e proper legal proceea~gs against ~e J~s E. ~ng Const~ct~on Co~y~ Inco~orate~, if ~e city has not heard from ~e aeveloper ~y Septet 1, 1974. The ~t~on was seconde~ by ~. Trout ana ~ously a~optea. A~TS= ~e Director of Fin~ce s~ttea a ~itt~ repor~ ~e f~c~al report of ~e C~ty of ~oke for ~e ~n~ of July, 1~4. Dr. Taylor~ve~ ~at ~e report be recelve~ ~ file~. ~e motion was seconde~ bye. h~sk ~a a~opte~. STATE CORP.O~ATION C(X~ISSION: The Director of,Finance ~ubmitted a written report transmitting, a report, o~ the, Valuations ,~nd_Lev_ies for taxation upon the property.of public utilities based upon, the values as established by the State Corporation C~-~sion~ compared ,for the years 1975-74. Mr. Th~nas moved that the report be received and filed. The motion was seconded by, Mr. Trout and adopted. BUDGET-pUBLIC WELFARE: The Director of Finance s-~tted a monthly statement of expenditures for public welfare for the month ended July 31, 1974. Dr. Taylor moved that the statement be received and filed. The motion was seconded hy Mr. Trout and adopted. Dr.. Taylor offered the following emergen, cy Ordinance appropriating $12,041.09 to Aid to Depondent Children - Foster Care under Section %937w 'Public Assistance,' of the 1974-75 budget=.. {t21768) AR ORDINANCE to amend and reordain Section t537, 'PublIc Assistance,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 95.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote= AYES: Messrs. Garland~ Lisk, Taylor, Thomas~ ?rout and Mayor Webber ............................. 6. NAYS: None ..............0. (Mr. Hubard absent) ~EPORTS OF COMMITTEES: PENSIONS= The Secretary-Treasurer of the Board of Trustees, Employees~ l~etire~ent Syste~a, submitted a writte~n report transmitting copies o£ the 'Report o£ the Actuary on the Twenty-Sixth Valuation of the Employees~ Retirement Syste~ of the City of Roanoke Prepared as of J~ne 30, (For full text, see re~ort as filed in the City Clerk's Office.} Mr. Thomas moved that the report he received and filed. The motion was seconded by Mr. Trout and .adopted. CITIZENS~ ADVISORY COMMITTEE: The Citizens~ Advisory Committee submitted a written report suggesting that Council proceed with the necessary action to pr?vide that the Co--*tree he brought up to its defined legal limlts of seventeen members, and addltiona!~y, that this membership he representative of a geographic cross-section of the City of Roanoke. Mayor Webber suggested that Mr. J. E. Dudley, Chairman of the Citizens~ Advisory Committee, submit a list o£. proposed names to fill the existing vacancies on the committee to the members of Council for considerationo 357 CITIZENS~ ADVISORY C~V~I15~E: The Citizens~ Advieo~ Committee s~tted a ~ltt~ ~e~t recanting ~t ~ll es~lish a s~cial.tele- ph~e n~= ~ h~le only c~tiz~ c~la~ts (a citl:~s phone), advising ~a~ It Is felt ~at such a syst~ would p~ove ~s~ effective ~ ~e =iti:~ ~i~ a~st {~diate attention to his specific c~cern. ~. Th~s ~ved ~at ~e re~rt ~ referred to ~e City ~nager for review ~d report to Co~cll. The ~tion was seconded by ~. Liak ~d adopted. ~INIS~ BUSI~SS ~ NO~. ~NSIDE~TION OF C~ NO~. I~DU~ION ~ CONSID~TION OF O~I~S ~ ~SO~IONS~ B~ET~ Co~cil at its last regular ~et~g on Au~st 19~ 1974, hav~g appropriated $110,000.00 to H~ter Viaduct Wld~lng ~der Section 'Tr~sfers to Capital I~rov~nts F~d~' of ~e 19~4-75 budget~ ~e Director of F~ance advised ~at ~ls ~ney was appropriated to ~e ~on~ accost ~at an Ord~ce decreas~g ~e Cont~gen~ Rese~e accost by $110,000.00 ~der Section %898, 'Cont~gencies,' is s~tted for rec~nded adoption by Co~cll. ~. Trout offered ~e foll~ing ~rgen~ (~21769} ~ O~IN~CE to ~nd ~d reordaln S~ction $898, 'Contingen- cies,' of the 19~4-75 Appropriation Ordin~ce, ~d provid~g for ~ ~rgen~. (For full text of Ordin~ce, see Ord~ce ~ok No. 40, Page 96.) ~. T~out moved ~e adoption oi ~e Ord~ce. The ~tion wa~ seconded by ~. Ltsk ~d adopted hy ~e fo11~ing vote: A~S: Messrs. Garl~d~ Lisk~ Taylor, Th~s, Trout ~d Mayor Webber ..................... T ............. NAYS: None ....................0. (~. H~ard ~sent) B~ET-RO~O~ V~Y ~ FOR P~D P~D: ~. Trout offered ~e foll~ing ~rg~ Ordin~ce approprlat~g $8,000.00 to Ro~oke Valley ~ague for Plied Paren~o~ ~der Section ~832~ 'O~er Heal~ Agencies,' of ~e 1~74-75 budget, to provide f~ds to assist in ~e cont~uahion of ~e various se~ice progr~ o~ Plied Par~ as requested by ~at org~izati~ at ~e meet~g of Co~cil on Monday, August 19~ 19~4= (%217~0) ~ 0~I~ ko ~d ~d reordain Section S832, Heal~ Ag~cies~= of ~e 19~4-75 Appropriation Ord~ce, ~d providing for (For full t~t of Ordin~ce, see Ord~ce ~k No. 40, Page 96.) ~. Trout ~ved ~e adoption of ~e Ord~ce. ~e ~tion was seconded by ~. Garl~d and adopted by ~e foll~ing vote~ AYES~ Hessrs. 6arl~d, Taylor, Th~s, ~out ~d ~yor Weber ..................................5. ~YS= None ..................... 0. (~. H~ard ~sent} (~. Lisk not vot~g. ) CO~CIL-RADIO-TELEVISION= H~. Garland offered ~e foll~ng Resoluel~ est~l~shing a special ~e~q of ~e ~c~l of ~e C~ty of ~oke to ~ held on ~e 28~ day of ~uq~h, 1974, at I p.~., ~n ~e ~bit Hall ak ~e Ro~oke Civic C~te~ ~o~ ~e p~pose o[ ~ece~ving ~d opting such b~ds as ~y ~ ~de ~d offered to ~e city ~ o~er~ fo~ a~ard of a f~ch~se to operate a C~le ~t~a Telev~sion S~st~ In ~e C~ty of ~oke~ (~21771) A ~OL~I~ f~xlng ~e date of a Special Heettnq o[ ~e Co~cil of ~e City of Ro~oke. (For full t~t of Resolutl~, see Resolution ~k No. 40, Page 97.) ~. Garl~d ~ved ~e adoption of ~e Resolution. The ~tion was seconded by ~. Lisk and adopted by ~e fo11~lng vote= AYES= Messrs. Garl~d~ Lisk~ Taylor~ Th~s~ Trout and ~yor Weber ...............................6. ~YS~ None ................ 0. {~. H~ard ~s~t) O~R H~NGS OF CITIZ~S~ STA~ HIG~AYS-SCH~ ~. ~chard P. Via~ Director of Buildings ~d Gro~ds~ Ro~oke City Schools, appeared before Cocci1 ~d re~ested a waiver of ~e 1985 ~terial Highway Pi~ in order to provide for ~a cons~uction of ~ add~tion to ~e Oakland El~ta~ Sch~l. ~. Th~s ~ved ~at ~e ~tter ~ referred to ~e City Attorney ~d ~e City ~ager for ~e p~ose of working out ~e necessa~ details. ~e ~tion was seconded by ~. Trout ~d adopted. There being no f~er business, ~yor W~ber declared ~e ~et~g adjo~ed. APPROVED Deputy City Clerk Mayor 359 COUNCXL, SPECIAL MEETXNG, Wednesday, August 28, 1974. The Council of the City of Roanoke met In special meeting along with the Board of Supervisors of Roanoke County and the VInton Town Council at the Roanoke Civic Center F~hibit Hall, 710 Wllliamson Road, N. E., on wednesday, August 28, 1974, for the purpose of receivIng and opening such bids as nay be made and offered [o the city, county and to~n for award of a franchise to operate a Cable Antenna Television (CATV) System in the City of Roanoke, the County of Roanoke and the To~n of Vlnton, as provided for by Resolution Ho. 21601 adopted by the Council of the City of Roanoke on June 17, 1974~ Resolution Ho. 1074 adopted by the Roanoke County Board of Supervisors on June 25, 1974; and Resolution Ho. 545 adopted by the Vlnton To~n Council on June 18, 1974. Due to a mix-up as to the proper meetIng hour, the meeting was called to order by the Mayor of the City of Roanoke, the Chairman Of the Roanoke County Board of Supervlsors and the Mayor of the Town of Vinton at 2:15 p.m. pP. ESENT FOR THE,CITY OF ROANOKE: Councilmen Robert A. Garland, David K. ~.isk, Noel C. Taylor, Hampton W. Thomas and Mayor Roy L. Webber ................................................................. 5. ABSENT= Council=~-n William S. Hubard and Ja/aes O. Trout ..... 2. OFFICERS P~ESENT= Mr. Byron E. Haner, City Manager~ Mr. Sam H. McGhee, III, Asslstant City Manager; Mr. J~mes N. Kincanon, City Attorney; end Mr. A, N. Gibson, Director of Finance. pRESENT FOR THE COUNTY OF ROANOKE= Supervisors Thomas H. Beasley, Jr., John G. Seibe! and Chairman R. E. Hilton, Jr.- .................... 3. ABSENT: Supervisors C. L. Dodson and l~chard C. Flora ......2. OFFICERS pRESENT: Mr. William F. Clark, County Adm~nlstrator; and }tr. Edward A. Natt, Co~mty Attorney. PRESENT FOR THE TOWN OF VINTON: Co~nci~m~n O. L. Horn, E~mer COX and Mayor G. W. Nicks .............................................. ABSENT= Councilmen A. L. Sanderson and Henry J. Brabham .....2. OFFICERS PP~SENT: Mr. Ronald H. Miller, ToWn Hanager; and Mr. C. P~chard Cranwell, Town Attorney. P~tDIO-TE~EVISION: The Mayors a/Id the Chairman of the respective governing bodies declared the floor open tn receive such bids as may be offered for the advertised CATV franchise. The £ollo~ing bids veto Roanoke Valley cablevision, Incorporated Vlacc~aCo~nunications Roanoke Valley Cable TV, Incorporated The City Clerk for the City o£ Roanoke opened and read the proposals of the three bidders. The Roanoke County Board of Supervisors and the Vlnton Council voted that the bids as read by the Roanoke City Clerk would be sufficient for their purposes and agreed to dispense with any further readinq of the bids at that time. The Hayors and Chai~na~ of the respective governing bodies asked if there were any further bids to be presented, and, no further bids being received, declared the bidding closed and advised that it ~ould be in order that the bids received be taken under consideration and that they be referred by the Councils and the Board to a committee for consideration, review and report back to the Councils and the Board. On behalf of the City of Roanoke, Hr. Garland moved that the bids ~nicn were received for the advertised CATV franchise be t~ken under considera- tion by Roanoke City Council, all such bids to be referred to the Regional CATV Co~nittee assisting the Council for review and analysis by the committee and its consultants, with a report back to Council in accordance with tho Instructions to Bidders, and that, in the interim, the committee be authorized to conduct such public hearings on the bids as may be required. The motion was Seconded by Hr. Thomas and adopted. On behalf of the County of Roanoke, Hr. Seibel moved that the bids which ware received for the advertised CATV franchise be taken under considera- tion by the Roanoke County Board Of Supe~vlsors, all such bids to be referred to the Reglonal CATV Connnittee assistialg the Board for review and analysis by the co~nittae and its consultants, with a report back to the Board in accordance with the Inst~uctions to Bidders, and that, in the interim, the cammittee .~e authorized to conduct such public hearings on the bids as may be required. ~he motion was seconded by Hr. Beasley and adopted. On behalf o£ the To~rn of Vinton, Hr. Cox moved that the bids which were received for the advertised CATV franchise be taken under consideration by the Vinton To~n Council, all such bids to be referred to the Regional CATV Committee assisting the Council for review and analysis by the con~nittae end its consultant, s, with a report back to the Council in accordance with the Ins~-uctions to Bidders, and that, in the interim, the committee be authorized to conduct such public hearings on the bids as may be required. The motion was seconded by Hr. Horn and adopted. 36-i There being no £u~ther bue~ness~ t~e Hayor o£ ~e City of ~oke, ~e ~a[~ of ~e ~oke Co~ty ~a~d o~ Su~sora ~d ~e ~yo~ of ~e ~ of Vlnton declared ~eir res~ctive ~et~g8 adJo~ed. APPROVED A~ST~ ~puty City Clerk ~yor CO~'~CIL~ I~GUL~.~ MEE?IN~ Tuesday~ September 3~ 1974. The Council of the City of Roanoke met in reqular meeting in the Council Chamber in the Municipal Building, Tuesday, September 3, 1974, at 2 p.m., the regular meeting hour, with Hayor Roy Lo Webber presiding. pRESEHT= Councilmen Robert A. Garlund~ William S. Hubard, David K. Llsk, Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber ......... 6. ABSENT: Councilman Noel C. Taylor ............................ 1. OFFICERS pRESENT: Hr. Sam H. McGhee, III, Assistant City Managers Hr. James N. Klnca~on, City Attorneys Hr. H. Ben Jones, Jr., Assistant City Attorneys and Hr. A. N. Gibson, Director of Finance. INVOCATION= The meeting was opened with a prayer by Hr. Robert A. Garland. COONCIL= The Deputy City Clerk reported that Messrs. Noel C. Taylor, Robert A. Garland and Hampton W. Thomas have qualified as ~e. rs of the Council of the City of Roanoke, Virginia, for terms Of three years and ten months, each, beginning September 1, 1974, and ending June 30, 1978. Hr. Trout offered the following Resolution recognizing the Honorable Noel C. Taylor to be a member of the City council and Vice-Hayor Of the City of Roanoke: {%21772) A RESOLUTION recognizing the HONORABLE NOEL C. TAYLOR to be a member of the City Councll and Vice-Mayor of the City of Roanoke. (For full text of Resolution, see Resolution Book No.40, Page 105.) Hr. Trout moved the adoption of the Resolution. The motion was seconded by Hr. Lisk and adopted by the followlng vote: AYES= Messrs. Garland, Hubard, Lisk, Thomas, Trout and Mayor Webber ....................................................................... NAYS: None ........................................................0. (Dr. Taylor absent} Hr. Trout offered the following Resolution relating to the Honorable David K. Lisk, a former Vice-Mayor of the City of Roanoke= (S21773) A RESOLUTION relating to the HONOPJ~BLE DAVID K. LISK, a former Vice-Mayor Of the City of Roanoke. (For full text Of Resolution, see Resolution Book No. 40, Page 106.) Mr. Trout ~oved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote= AYES: Messrs. Garland, Hubard, Thomas, Trout and Mayor Webber---7 ......................... 5. NAYS= None ..............0. (Hr. Lisk not voting) (Dr. Taylor absent) '363 HINUTES: Copy of the m~nutes of the regular meeting held on Nonda~, August 26, 1974, having been f~shed ea~ ~ o~ ~1~ on ~tion of ~. Trouh~ seceded by ~. Llak ~d ~ly adopted, ~e read~g ~ereof was disposed wl~ ~d ~e ~utes approved as ~ecorded. ~HG OF CITIZ~S UP~ PUBLIC ~ S~ ~ S~ D~HS~ P~su~t to not~ce of adve~tis~n~ for bids for ~e cons~ctl~ oE a stem d~ain fr~ Tl~er C~eeh to K~all Avenue, ~. E., said pro~sals to ~ received by ~e City Clerk ~til 2 p.m., ~nday, Septet 3, 1974, ~d to ~ opted at ~at ho~ ~fore Co~cll, ~yor Weber asked if ~yone had ~y questions ~ut ~e advertis~t for b~ds ~d no re~resen~ative preset rais~g ~y question, ~e ~yor lnst~cted ~e Deputy City Clerk to pr~eed wl~ ~e op~g of ~e b[ds~ whereupon, ~e Deputy City Clerk opened and read the following bids: E. H. Coffey, Incorporated Hudgins a~d Pace J. V. Turner Brothers, Incorporated Cardinal Construction Con. any Lanford Borthers Con. any, Incorporated Branch & Associates, Incorporated Burado Construction company 218,737.00 246~840o00 247,105.50 248,237.50 260,460.00 268,416.00 354,965.00 ~r. Thomas moved that the bids be referred to a co~nittee to be appointed by the Mayor for tabulation, report and reconnm~ndation to Council. The motion was seconded by Mr. Trout and adopted, Mayor Webber appointed Messrs. Sam H. McGhee, III, Chairman, Richard B. Turpin and Charles L. Gutshali as n~rs of the co~mittee. PARKS AND pLAYGROUNDS: Mrs. James Gosney, President, Roanoke Council of Garden Clubs, appeared before Council and read a prepared statement relative to the proposed Fragrance Garden in Jackson Park, advising that after flnal approval by City Council of the Fragrance Garden on April 15, 1974, and after a letter of authorization under date of June 27, 1974, was received from the City Manager to proceed with construction, a contract was entered into with Q. M. To~linson Construction Company, that in April, 1974, ground was broken in the presence of Mayor Webber and the City Manager for the Fragrance Garden, that the Garden Cleb is of the opinion that they were very careful and diligent ~n obtaining proper authorization for this Garden, that ample Opportunity was given for everyone to raise any objections that they ~ght have to such a Garden, that the Garden Club feels that continued reopening of objections to this project after proper authorization has been given By Council and the City Manager amounts to harrassment, that any change of plans which are now under contract will result Ln a f~nancial loss to their organization and that it is difficult to understand how aidlng the visually handicapped in enjoying the gifts of nature can be objected to by anyone. ~¥or ~ebber and t~e ~ers of Council assure~ ~t~s. Gosney ~hat no me_tuber of Council has voiced any opposition to the proposed Fragrance Garden~ ~hat the location has been previously approved b~ council and that the pro~ect can proceed as planned. 1~. Rubard moved that l~s. Gosney"s s~atement be received and flled with favor, The motion was seconded by 1~:. Garland and adopted, PETITIONS AND COMMUNICATIONS = BUDGET-SCHOOLS= A con~nunication from the Roanoke City School Board requesting that $20,674.00 be appropriated to 'Schools - Adult Basic Educationw' under Section %45000 of the 1974-75 budget Of the Roanoke City School Board, advising that this amount includes $18,174.00 which will be reimbursed by federal fonds and $2w500.00 in local matching ftmds to be transferred from the 1974-75 goneral operating School Board budget~ was before Council. Mr. Trout moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance: (%21774) AN ORDINANCE to amend and reordain Section ~45000, 'Schools - Adult Basic Education,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 106.) Mr. Trout moved the adoption Of the Ordinance. The motion wes seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Thomas, Trout and Mayor Webber .............................. 6. NAYS: None ...............0. (Dr. Taylor absent) BUDGET-SCHOOLS= A communication from the Roanoke Clty School Board requesting that $26,227.18 be appropriated to 'Schools - D.I.A.L.,' under Section %46000 of the 1974-75 budget of the Roanoke City School Board, advislng that this a~ount includes $23,018.18 which will be reimbursed by federal funds and $3,209.00 in local ~atch~/lg fttnds to be trunsferred from the 1974-75 general operat/ng School Board budget~ was before Council. Mr. Trout moved that Councll concur in the request of the Roanoke City School Board and offered the following emergency Ordinance: (%21775) AN ORDINANCE to amend and reordaln Section [46000, 'Schools - D.I.A.L.,' of the 1974-75 Appropriation ordinance, and providing for an em~rgencyo (For full text of Ordinance, see Ordinance Book No. 40, Page 107.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Messrs. Garland~ Hubard, Lisk, Thomas, Trout and Mayor Webber ................................... 6. NAYS= None .................... 0. (Dr. Taylor absent) 365 FII~E DSP~RTH~NT= Copy o£ a Resolution adopted by the Executive Co~aittee o~ ~e Flf~ PIing Dls~lct C~ssion on AU~St 22, 1974~ ~do~8~9 ~d rec~z~g ~e need fo~ regl~al fire ~a~g and req~onal t~e ~a~n~g facllit~es for Sou~ves2 V~rg~la lnclud~g ~e Flf~ Piing Dlst~lc2, vas ~fore Co~cll. ~. Th~s ~ved ~at ~e Resolu2~on ~ received ~d filed. ~e ~tl~ vas seceded b~ ~. Trou2 ~d adopted. Co~ssion advising ~a2 ~e S~ta Co~oration C~ssion, D~vis~on o[ Aeronautics, and ~e Divisim of State Pl~g ~d Co~lt~ Affairs v~ll hold a p~lic ~e~g to address ~e overall V~in~a ~ir ~s~tat~on Sys2~ Stud~ and to speclticall~ outline ~ose el~n2s affec~g pl~g distr~c2s 11 and 12~ sa~d ~e2~g 2o ~ held a2 V~rg~ia Wes~e~ Co~ty Colleqe~ ~derson ~all, Ra 138, septic 15, 1974, at 2 p.m., was ~fore Co~cil. ~. ~s ~ved ~at ~e m~r~d~ ~ received and filed. ~tion was seconded by ~. Trout and adopted. ~PORTS OF OFFI~= BU~ET-P~LIC ~t The Assis2t City ~ager s~tted a written re~r~ of ~e City ~nager advising ~at ~e State ~par~nt oi Welfare is continuing ~eir validation review of p~lic asslstace paints ~de by ~e city, ~at it has ~ dete~ned ~at ~e city has ~de ~roper paints in six ad~itional ins~nces auting to $~90.00 ud ~eco~nd~g ~at said ~t be appropriated to ~e P~lic Assismce accomt in order ~at city can repay ~e state ~e ~o~t of ~proper paints. (For full text, see report as file~ in ~e City Clerk's Office.) ~. Trout ~ved ~at Coucil conc= in ~e report of ~e City ~nager ~d offered ~e ioll~in9 ~rpm~ Ord~uce approprta~in9 $590.00 Rei=ds ad Rebates ~der Section %537, 'PGlic asis~ce,' of ~e 1974-75 budget= (~21776) ~ O~IN~CE to ~d ~d reorda~ Section 1537, 'P~lic ~si~ce,' of ~e 1974-75 Appropriation Ord~mce, and p~ovid~g fo~ ~ (For full t~xt of Ordinance, see Ord~ce Book No. 40, Page lOS.) ~. Trout ~ved ~e adoption of ~e Ordinuce. The ~tion seconded by ~. Lisk ad adopted by ~e foll~in9 AYe: Messrs. Garl~d~ H~ud, Lisk, ~s~ ~out ud ~yor Weber ............................... NAYS= None ................. 0. (Dr, Taylor ~sent) BU~ET-P~LIC ~= The ~sis~t C~ty ~ager s~tte~ a writt~ report of ~e City ~ager rec~n4~g ~at $125,000.00 ~ tr~sferre4 fro~ ~Ld to Dependent Children to Aid to Dependent Children - Foster Care under Section ~537~ "Public Assistance,' of the 1974-75 budget, in order to fully cover expenditu~es ~n the Aid to Dependant Children - Foster Care category for this fiscal year. (For full text, see report as flied in the City Clerk's Office.) ltro Trout ~oved that Council concur in the report of the city Manaqer and offered the following emergenc~ Ordinance: (~21777~ R~ OI~OZNA~CE to ~mend and reordain Section ~537, 'Public Assistance,' of the 1974-75 Appropriation ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book No. 40, Page 108.) Hr. Trout moved the adoption of the Ordlnence. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hublard, ~.tsk, Thomas, Trout and ~ayor Webber ............................... 6. NAYS: None ................0. (Dr. Taylor absent) PUBLIC WELFARE: The Assistant City ~anager submitted a written report of the City Manager relative to proposed State and Local Hospitalization plan Agreements which provide hospitalization and outpatient treatment for ~n- digant persons for the period of July l, 1974, to June 30, 1975, end rccon~nding that Council authorize the agreements Go be entered into. (For full text, see report as filed in the City Clerk's Office.) Hr. Trout moved that Council concur in the report Of the City Manager and offered the following ~mergency Ordinance: (#21778) AN O~%D~NANCE authorizing certain con~racts to be entered into with certain hospitals to provide hospitalization and treatment Of ~ndigent or med£cally indigent patients~ fixing certain rates to be pa~d for such services durin~ Fiscal Year 19~4-~975~ and providing for an emergency. (For fu~l text Of Ordinance, see Ordinance Book No. 40, Page 109.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Liek~ Thomas, Trout and Mayor Webber .................................... 6. NAYS: None .....................0. (Dr. Taylor absent) SALE OF PROPERTY-ESGIONAL JA~L: The Assistant City Hanager submitted a written report of the City Manager advising that the city has received a letter frc~ Mr. Jack B. Coulter, Attorney, representing Roy H. Park Broadcasting of Roanoke, Incorporated, accepting the city's final offer of $200,000.00 for the WSLS-TV parking lot and d~mages, however, WSLS has requested that this transaction not be finalized for the next 60 days to permit an orderly transfer of their parking from this lot to another area. 367 it:: 68 I~o 1~out moved ~hat ~ha ~atter be referred to fo~ ~e p~se of ~king ou~ ~e necess~ de.ils. ~e ~lon ~as seconded by ~. Llsk ~d adopted. S~TS ~ ~S~ ~e ~sist~t C~ty ~ager s~tted a ~ltt~ re~rt of ~e City ~ager ~v~s~g of ~e need to ac~lre ~ee s~ll sections of lan~ ad, acer ~ West S~de ~ulevard, N. W., for ~e w~d~g o~ ~e C~es of ~at ~ulevar~, ~at ~. Clarence C. Kerr, et ~., ~d son~ et ~.~ have agre~ to convey ~ese p~cels of 1~ to ~e c~ty for a ~otal of $200.00, ~d rec~n~g ~at Co~c~l accept ~ese offers. ~. Trout ~ve~ ~at Co~c~l conc~ ~n ~e report of ~e C~ty ~ager an~ offere~ ~e foll~ing ~rgen~ ([2~779) ~ O~IN~ au~or~zing ~ prov~ding for ~e C~ty~s acqu~s~tion of ~ree parcels of 1~ ~ Wast S~de ~ulevard~ N. W. ~ for p~l~c s~eet pu~oses~ ~ prov~g for ~ (For full text of Ord~n~ce~ see Ordin~ce ~k No. 40, Page 110.) ~. Trout ~ve~ ~e a~opt~on of ~e Ordin~ce. The ~tion was second~ by ~. L~sk an~ a~optea by ~e foll~g vote= AYES= Messrs. Garl~ H~ard~ Lisk~ Tho~s, Trout and ~yor Weber .......................................6 · NAYS= None ..................= ..... 0. (Dr. Taylor ~sent) S~ OF PROPER~-STA~ H~G~AYS= ~e Ass~st~t C~ty ~nager s~tte~ a writt~ re~rt of ~e C~ty ~ager a~v~s~g ~at ~e c~ty has receive~ a re~est fr~ ~e Depar~nt of H~ghways for ~e conc~r~ce by ~e c~ty ~n ~e~r selling ~e residue of cer~n property p~chase~ by ~e state ~n ~e cons~ct~on of ~e extension of lnters~te 581~ ~at ~e S~te ~p~nt H~ghways has received a request from ~. J~s D. Reverc~, Presider of Re,ar Fast~ers~ ~nco~rated, to p~chase ~e residue of a parcel Co~nweal~ of Virg~ia ~ previously ac~ir~ from J. Meade and ~rle~ne R. Harrls~ ~d rec~-~ing ~at Co~c~l, by Resolution~ au~or~ze ~e convey~ce of ~is property by ~e state. ~. hlsk move~ ~at Cocci1 conc~ ~ ~e report o~ ~e City ~ager ~d offered ~e roll,lng Resolution: (%21780) A ~SO~ION conc~r~g ~n ~e sale Co~nw~al~ of V~rg~n~a, ~par~nt of H~ghways~ of ~e residue of a parcel of 1~ ~t has heretofore ac~re~ ~ ~e c~ty for p~oses o~ ~e Sou~west ~res~ay, but request~g ~at a port~on of sa~d residue be set aside conveyed or dedicated to ~e city for p~l~c street p~oses of sa~ c~ty. (For full text of Resolution, see Resolution ~ok No. 40, page 111.) ~. L~sk moved ~e a~opt~n of ~e Resolution. The ~t~on was secon~e~ by ~. ~s ~ a~opte~ by ~e fol~ing vote= AYESt Messre. Oarlandw Hubard~ Llekw Thonas~ Trout and Mayor Webber ............................... 6. NAYS ~ None ................ 0. (Dr. Taylor absent) CITY ENPLOYE~S~ The Assistant City.Manager submitted a written report of the City Manager relative to enabling legislation which permits municl~al employees to participate ~n deferred com~nsation plans (a m~thod an emL~loyee can use to reduce taxable income until the employee retires), advising that in order to proceed with the plan and perform the detailed work for carrying out the im~lementation of this benefit, an advisory board is necessary, that the Board of Trustees of the Employees~ Retirement System has agreed, if Council concurs~ to function as the advisory board, that it is planned to use some form Of management company to handle the adm~nist~ation between the City of Roanoke and the en~loyee requesting the payroll deduction, and reconunend~ng the procedure and the concurrence of Council. (For full text, see report as filed in the City Clerk*s In a discussion of the report, Mr. Link expressed the opinion that this is a ~tter that should be handled by the Personl%el Director the City of Roanoke and not the Board of Trustees of the Employeest Retirement Syste~ end that once the matter is turned over to an independent group, Council loses its control over any decision making. Mr. Thomas advised that for no~ tlm~ COLU%CI! has been discussing the possibility of reviewing the make-up of the Board of Trustees of the Employeest Retirement System, that the present ~ght be an epportane t~me to do this end moved that the report of the City Manager be taken ender advisement ~n order for Council to review the make-up of the Board of Trustees of the E~loyeest Ret~remellt System and also review the additional duties as outlined and reco~ended in the City Ma~agerts report. The ~tion was seconded by Mr. Lisk and adopted. Mr. Hubard requested that the record show that he abstained from voting on that part of the motion dealing with a review Of the duties for the Board of Trustees~ E=~loyees~ Retirement System, as outlined and recc~umended in the City Managerts report~ however; when the discussion as to the composition of the Board of Trustees is discussed, he would like to be involved in that matter. SALE OF PROPERTY: The Assistant City Manager submitted a written report requesting an Executive Session with the ~m~ers of Council to discuss a real estate matter. Mr. Trout moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Link and adopted by the following vote: 369 Web~ ................................6, S~-ZONZNGI Co~c~l a~ i~s las~ re~la~ mee~g on ~n~y~ AU~St 26~ 1974~ hav~g referre~ Lo ~e Cl~y Atto~ey ~d ~e C~y ~ager for ~e put.se of ~rk~ out ~e necessa~ de~ls a re.est of ~e Ro~oke C~ty Sch~l ~ard for a waiver of ~e 1985 ~ter~al ~ghway Pi~ ~n or, er ~o provide for ~e cons~uction of ~ addition to ~e O~l~d EI~u Sch~l, ~e City Atto~ey s~tted a ~ltten re~rt advising ~at ~ ~s ~ns~ce, and insofar as ~e preset ~estl~ Is conceded, ~e city ~d ~e Sch~l ~ard, representing ~e p~lic, are ~e only parties ~terested in ~e ~tter, and no private ~teres~s ~ing involved In ~e issuance of ~e bulldog pe~t necessa~ to go foreward wi~ ~e:cons~ction of ~e sch~l ~rov~ts ~ while ~e Co~cil has, ~e ~ac~t of Section 32 of ~e Zoning Ord~ce delegated certain au~or~ty to ~e ~ard of Zoning Appeals it has not abr~ated ~ts o~ p~r and au~ority ~n ~e ~tter, and ~at ~e ~ergen~ nature of ~e ~tter justifies, ~n h~s opinion, ~e Co~c~l approv~ng ~e issuance of a bulldog pe~it so ~at the cons~uction ~y go fo~ard. (For full text, see report as filed ~n ~e City Clerk's Office.) After a discussion as to ~e proper proced~e to ~ foll~ed~ H~ard moved ~at COCCi1 reject ~e report of ~e City Atto~ey ~d ~at ~e re~est of the Ro~oke C~ty School ~ard be referred to ~e Board of Zoning Appea~s. The ~t~on was seconded by ~. Th~s ~d adopted by ~e following vote = AYe: Messrs. H~ard~ Lisk, Th~s, Trout ~d ~yor Webber .............................. 5. ~YS= ~. Garl~d ........ 1. (Dr. Taylor ~. H~ard f~er ~ved ~at ~e City Atto~ey be ~st~cted to s~t a report to Co~c~l as to h~ ~e Zon~g Ordinance c~ be ~ order to provide ~at ~e Board of Zoning Appeals w[11 have exclusive j~sdict[on to hear re~ests for bulldog se~ack l~es from ~jor arterial highways. The motion was seconded by ~. Th~s ~d ado~ed, ~. Garl~d voting no. ~TION~CONSO~DATION-C~CIL: ~e City Atto~ey s~tted a ~itt~ report adv~s~g ~at Co~c~l has offered ~e use of ~e Co~c~l ~ers to ~e ~nexat[on Court which will c~nce i~ proceed~gs on Septet 10, 1974, ~e d~at~on of which ~s ~cer~[n at ~ls t~e, ~at ~e C~v~l ~fense ~erat[onal ~ w~ll ~ ~de use~le as a t~pora~ ~et~ng r~ for ~e ~d ~t~ng a ~solut~on which would t~porar~ly ch~ge ~e place of reeler meet~gs of ~e Cocci1 co~c~g w[~ ~e one scheduled for Septet 16, 1974. H~o l~tsk moved that Counc~.l concu~ An the report o~ ~d o~fered ~e foll~g Resolution~ (S21781) A ~O~IOH t~rarll~ ch~qin~ ~e place oE ~e regular ~etin~s of ~e ~c~l of ~e C~t~ of ~oke. (For full texh of ~solu21on, see Resoluk~on ~k No. 40, Page 112.) ~. ~sk ~ed ~e adoptl~ oE ~e Resolu2~on, ~e ~tion ~as seconded b~ ~. ~s ~d adopted b~ ~e foll~ng vo~e~ A~Sz Hessrs. Garland, H~ard~ L~sk~ Th~s, ~out and ~yor Webber ................................... 6. ~YS~ None .................... 0. (Dr. Taylor ~sent) B~ET-G~S-~ ~TION A~NST PO~ IN RO~O~ V~ Director of F~nance s~tted a ~ltt~ re~rt adv[s~g ~at ~e C~ty of Ro~oke has received $40~000.00 fr~ ~1 Action ~a[nst Poverty ~n Ro~oke Valley to c~lete ~e progr~ 'S~r Progr~ for Econ~cally Disadv~taged You~,' and ~at ~t will ~ necessa~ for Co~c~l to appropriate ~s s~ for ~is pu~ose. ~. H~d ~ved ~at Co~cil conc~ ~n ~e re~rt of ~e Director of Finance and offered ~e foll~ing ~ergency Ordinance= {%21782) ~ O~I~CE to appropriate to ~e City of Roanoke~s Grant Progr~ Accost, ~d providing for ~ (For full text of Ordinance, see ordinance Book No. 40, Page 112.) ~. H~ard moved ~e adoption of ~e Ordin~ce. ~e ~tion was seconded by ~. Garl~d ~d adopted by ~e foll~ing vote~ AYES= Messrs. Garland~ H~ard, L~sk, ~s, ~out and ~yor Weber .......................................6. ~YS= None ........................ 0. (Dr. Taylor absent) BUrETteS= The Director of F~ance s~tted a written report advising ~at ~n rec~t weeks Cocci1 appropriated f~ds for various grant progr~ ~n ant~c~pa~on of approval by ~e Cocci1 on ~nal Justice, ~at '~a~ning of Juv~le ~d ~estlc ~lations Co~t Perso~e[,' was one of ~ose gr~ previously approve~ by Cocci1 and ~s~tt~g ~ Ordinance which will align ~e c~ty~s appropr[ation wi~ ~at as requested by ~e Division of Justice ~d ~e Prevention. ~. Th~s moved ~at Co~cil conc~ ~ ~e report of ~e D~rector of F~ce and offered ~e fo11~ing. ~erg~ Ord[n~ce= (%21783) ~ O~IN~ to ~d an~ reorda~ ~e 1974-75 Grant Progr~ Accost, ~d provl~ng for ~ ~ergency. (For fu~l text of Ord~ce, see Ord~n~ce ~k No. 40, Page ~3.) ~. Tho~s ~ved ~e adoption o~ ~e Ord~n~ce. The ~t~on was seconded by ~. Trout and adopted by ~e following vote: S71 !.',372- AYESt Hessrs. Ga~l,snd~ Hubard~ Lisk~, ~s~ ~ou~ an~ ~ebber .................................. 6. ~YS~ N~e ................... 0. (Dr. Taylor ~sent) S~TS ~ ~YS~ CO~C~ hav~g referred to ~e C~ty Pl~g Co~ss~on for study~ re~rt ~ fecundation ~e re,est of Te~l Warehouse ~r~rat~on and ~. R. D. Echols~ et ~.~ ~at ~at portion of ~e 2000 bilk o~ Shen~doah Valley Avenue~ N. E.~ adjacent to ~ 4~ 5~ 6 ~ 7~ Bl~k 13~ ~ also~ ad]acer to ~ts 1~ 2~ 3 ~ 4~ Bilk 9~ ~e~ ~rrace~ ~ vacated~ discont~nue~ an~ closed~ ~e C~ty Pla~lng C~ss~on s~tte~ a ~tt~ re~rt recanting ~at ~e re,est ~ approved. ~. Th~s ~ve~ ~at a p~lic hearing on ~e ~tter ~ hel~ at 7:30 p.m., ~nday, Septet 30, 1974. The ~tion was secon~e~ by ~. ~out an~ adopted. ~R~ OF ~R DEP~= The Audit C~ttee s~tted a written re~rt relatlve to ~e ~ansfer to ~e City Treasurer of f~s collected by ~e D~rector of F~nance for water and sewer b~lls, advising ~at ~e Co--tree ~an~usly agree~ to request ~e City Attorney to pr~p~ an Ordinanc~ ~end~ng ~e City ~e whereby f~s deposited directly w~ loca~ b~ks In paint o~ city sewer ~ water b~l~s can be tr~sferre~ to ~e City ~eas~er by ~ signat~e of ~e D~rector of F~nance or h~s In ~s co~ect~on, a co~cat~on fr~ ~. J. H.'Jo~son, City Tr~asurer~ relative to ~e ~tter, a~v~s~ng ~at in order to ~nta~n go~ money consols, he reco~nds ~at ~e water~ sewage and utility ~x ~n~es~ if ~d wh~ collecte~ by l~al b~ks, ~ deposit~ ~nto a C~ty of ~oke Clearing F~ Accost and re~re ~o s~gnatures to wi~draw such f~s. ~. H~ard ~ved ~at Co~c~l conc~ ~ ~e re~rt of ~e Au~t Co--tree an~ offered ~e foll~ng ~erg~ Ordinance= ([21~84) ~ O~IN~CE to ~ an~ r8~act Sec. 4. S~g ~d co~tersi~ing checks, Chapter 2. Accosts, Warr~ ~ Interest~ of Title V. Fin~ce, of ~e Code of ~e City of Ro~oke, 1956, as ~nde~ an~ providing for ~ ~erg~cy. (For full t~xt of Ord~n~ce~ see Ordlnanca B~k No. 40, Page 114.) ~. H~ ~ved ~e adoption of ~e Or~inance. ~e ~tion was secon~e~ by ~. Th~s an~ a~opted by ~ foll~ng vote= AYES= Messrs. Garl~ H~d~ L~sk, Tho~s~ Trout and ~yor Webber ............................... 6. ~YS= None .......~ ......... 0. (Dr. Taylor ~sent) ~. Th~s move~ ~at ~e c~icat~on fr~ ~e C~ty ~easurer be receive~ ~ file~. ~e ~t~on was secon~e~ by ~. Trout ~a adopte~. J AI~PORT~ The Airport Advisory Commission submitted a written report requesting the concurrence of Coonol! with the selection Of the date of September 14~ 1974w at 10~00 aom0, as the tLu~ for the dedication o£ ~e A~o~t Building e~s~on and ~at Co~cil also approve ~e e~endit~e sE for a ~blo~d ~hich ~lll appe~ In ~e n~spaper ~lv~ng ~e histo~ and ~. ~ou2 ~ved ~a2 Co~cil conc~ In ~e ~e~t of ~e ~v[so~ C~ssion ~d offered ~e foll~ing ~Fq~ Ordin~ce~ si ~e 1974-75 App~opriation O~ce, ~d p~ov~dlng ~or an (For full hex2 sE Ordin~ce, see O~dinance ~ok No. 40~ Page 115.) ~. ~out ~ved ~e adoption of ~e Ord~n~ce. ~e ~on seconded b~ ~. L~sk and adophed b~ ~e following vote: A~S~ Messrs. Garl~d~ H~ard~ Lisk~ Th~s~ Trout and ~yor Weber ......................................6. NAYS= None .......................0. (Dr. Taylor absent) AI~0RT~ The A~ort ~v~so~ Co. ss[on s~itte~ a written report advising ~at ~e city curr~tly has an agre~ent w~ P[e~nt Aviation, lncorporated~ for ~e leas~ng of 3,081 s~are feet of space on ~e ~n flor of ~e Ai~ort Te~al Building, ~at ~e city has been r~uested, by letter dated August 14~ 1974, to approve ceftin r~ovat[ons to ~e space leased by ~e ~rl~es, ~at ~ese r~ovat~ons are projected to cost ~ est~ted $125,000.00, ~at ~e Alert Adv~so~ Co~ss~on conchs wi~ ~e request of P[e~nt Airlines ~d re~ests ~e conc~r~ce of Cocci1 ~d approval plus and specifications except for ~nor revisions as ~y ~ re.ired ~ a~n[s~ation ~d based on ceftin conditions. ~. ~out ~ved ~at ~e report be referred to ~e City Atto~ey for ~e p~ose of advising Cocci1 as to whe~er or not a ~solut~on of concurr~ce ~s needed. ~e ~tion was seconded By ~. L~sk ~d adopted. ~ORT= ~e Alert Adv~so~ C~ssion s~tted a ~tten report advising ~at on ~es~y, Sept~er 3, 19~4, a meet~g was held by a s~o~ttee of ~e ~ort Adv[so~ C~{ss~on appointed by ~e ~a[~ to review ~e n~ of ~e a~ort, ~at it was rec~nded ~at ~e ai~ort ~ entitled ~oke M~[cipa~ ~ort, Wo~ F~eld, and, fur~er it was recorded ~at Co~cil appropriate $6~5.00 in order to have ~e necessa~ letters ~ns~lled on ~e upper portion of ~e Te~al BulldOg s~lar to ~ose letters already on ~e c~opy; h~ever, ~ey would s~te 'Ro~oke M~c~pal Ai~ort, Woo~ Field.' ~. Trout ~ved ~at ~e ~tter be referred to ~e City Attorney for preparation of ~e pro~r ~asure appropriat~g $675.00. The ~t[on was seconded by ~. Lisk ~d adopted. 37,3 I~, ~h0mae ~oved ~ha~ ~he a~m{m~s~a~lon be ~e~es~ed ~o b~n necessa~ legal ~c~n~s up ~o ~e ~ keep~g ~ ~e proper n~ ~e ~l~ was seconded by ~. a~ard ~d a~p~ed. ~GIO~ ~FlCt Co~ci~ hav~g ~eferred to a c~ttee fo~ ~ulatl~, ~e~ ~d zec~n~tl~ ~e bids zece~ved fo~ ~e operation of a writt~ ~e~t rec~nding ~a2 ~e high bid as s-hm{tted ~ 3 ~ S Pa~kin~ Co~y, lnco~zated. In ~e ~t of 52.5 pe~ c~ of gross ~eceipts each ~n~. ~ accepted. ~. ~s ~ved ~ab Cocci1 concur tn ~e gec~ndatton c~ttee ~d ~ah ~e roll.lng Ordin~ce ~ placed u~n its first ~eading~ (S21786) ~ O~IN~ accepting ~e proposal of J & S Parking ~any, Inco~rated~ to operate a p~lic off-s~eet parker facility on ceftin property ~ed by ~e city, on a ~n~-to-~n~ basis and upon ceftin o~er e~ress te~ ~d conditions. (For full text of Ordin~ce, see Ordinance ~k No. 40~ Page 118.) Th~ ~tion was seconded by ~. Trout ~d adopted by ~e roll.lng vote ~ AYe= Messrs. Garl~d~ H~ard~ Lisk~ ~o~s, Trout ~d ~yor Weber ................................. 6. NAYS: None ..................0. (Dr. Taylor absent} P~SIONS: The Board of ~ustees of ~e ~ployees~ Retir~nt Syst~ s~itted a ~itt~ report relative to ~e re.est of ~. doseph D. ~xey, a retired city fir~, for Accident1 Dls~ility Retir~ent All~ce, advising ~at at a ~e2ing held on Au~st 22, 19~4, ~e Board of to its previous decision ~at ~. ~xey is entitled to and should ~ r~tired on Ord~a~ Dis~ility Retir~t Allow~ce as of ~y 6, 19~4~ but not for Accidental Dis~illty Retir~t All~ce ~der ~e provisions of ~e retire- ~nt Ordinate. (For full text~ see report as filed ~ ~e City Clerk's Office.} ~. Tho~s moved ~at ~e report of ~e Board of T~stees of ~ployees~ Retir~ent Syst~ be referred to ~e City Atto~ey for a legal opinion as to what action Co.oil c~ ~ke, if ~y, in accor~ce wi~ City Code provisions ~d/or s~te s~tute. The ~tion was seconded by ~. Lisk and adopted. ~INIS~ BUSI~SS= NO~. ~NSIDE~TION OF C~= NO~. I~ODU~ION ~ ~NSIDE~TION OF O~I~ ~ ~S0~IONS~ S~S ~ ~YS= Ordln~ce No. 21~55~ vacating, discontinuing and closing cer~ s~ee~ ~d portions of s~eets, argues ~d portions of av~ues, ~d alleys wi~in ~e bo~da~ of or ~rdering ~e ~t~ East Urban P~n~al Pro~ect VA R-42 in ~he southeast section of ~he city of Roanoke, having previously been before ~c~1 fo~ 1~ f~rs~ read~ read ~d laid ove~, was agar.fore ~e ~y, ~. ~ou2 o[fer~g ~e foll~q for ira second reading and (J21755) ~ 0~I~ ~m~tl~ vacating, discont~uing ~d closing cer~ s~eets and ~rt~ons o~ s~eets~ avenues and port~s of avenues~ ~d alleys w~n ~e ~ of or ~rder~g ~e ~t~ East Urb~ Renewal Project VA R-42 ~ ~e sou~east section of ~e C~ty of ~oke, V~rginia~ as are hereinafter ~re fully descried. {For full text of Ord~n~ce~ see Ord~n~ce ~k No. 40~ Page ~. ~out~ve~ ~e adoption o[ ~e Ordinance. The ~tion was seconded by ~. Lisk and adopted by ~e roll.lng vote~ AYES: Hessrs. Garland~ H~ard, L~sk, ~s~ ~out and ~yor Weber ...................................6. NAYS= None ....................0. (Dr. Taylor absent) ZONING: Ord~n~ce No. 2~56 rezon~ng property located ~n ~e 2800 bl~k of Ediso~ Street, ~. W., descried as ~e easterly 207.8 feet of ~e not.westerly part of original ~t 3, Section 1~ Liberty ~d Co~y, T~ NO. 3100920~ from ~, Duplex Res[d~t[a~ Dis~ct, to RG-I, General ~s~entia~ D~str~ct, hav~g previously been ~fore Cocci1 for its first reading, read and laid over, was aga~ ~[ore ~e b~y, ~. Trout offering ~e foll~[ng for ~ second reading and f~nal adoption~ (%21~56) ~ O~CE to ~nd Title ~, ~apter 4.1, Section 2, of ~e Code of ~e C~ty of Ro~oke, 1956, as ~ded, ~d Sheet No. 3[0~ Sec- tional 1966 Zone ~p, City of Ro~oke, in relation to Zoning. (For full t~t of O~[n~ce, see Ord~n~ce B~k No. 40, Page 101.) ~. ~out~ved ~e adoption of ~e Ordin~ce. ~e ~t~on was seconded by ~. Garl~ and adopted by ~e roll.lng vote: A~= Messrs. Garl~d~ H~ard, L~sk~ Trout and ~yor W~r .................... ~ ..... ~YS: None~ .......... 0. (~. Tho~s not voting) (Dr. Taylor absent) ZONING: 0rd~ce No. 21~57 rezon~ng property locat~ on ~e not.east co~er of Tazewell Avenue ~d lnters~te Route NO. 581, descried as ~ts 26 - 28, ~nclusive, Block 3, ~p of W~l~d Park, Off~c~a~ T~ Nos. 40~15~6 - 4011518, in- clusive, from RG-2, ~eral ~sid~tial Dis~ct, to C-2, G~eral Co~rcial Dis~ict, hav~g previously be~ before Co~c~l for its first read~g~ read la~d over, was aga~ before ~e b~y, ~. Trout off~ng ~e roll.lng for ~ts second reading ~ final adoption= {~21~57) ~O~IN~ to ~nd Title ~, Chapter 4.1, Section of ~e Code of ~e City of Ro~oke~ 1956, as ~ded, and Sheet No. 401, Sec- t~onal 1966 Zone ~p, City of ~oke, ~n relation to Zoning. 375 -376 (For full text of Ordinance,, see ordinance l~ok No..40, page 102.) Ns, Trout. noved ~e a~op~inn o~ ~e O=~ln~ce, ~e ~lon seconded by ~. Ga=l~d ~d ~op~ed b~ ~e foll~ing vo~et · AYESt ~asrs. Ga~l~d~ H~ard~ Lisk~ Th~a, ~ou~ ~d ~yo~ Web~ ............................ 6. · ~YS~ Nonea ............ 0. (Dr. Taylor ZONIHGz Ord~ce No. 21758 zezon~g p~ope~ty l~ated on Rolfe S~eet, S. ~.~ descried as ~ts 34 - 37, inclusive, according ~ ~e ~p of Section No. 1~ ~ln View Terrace ~diti~; desl~ated as Official Tax Nos. 1421646 - 1421649, inclusive~ ~ rezoned fr~ ~, Duplex Resld~tial Ll~h2 ~nufact~g Dis~lct~ having previously ~ ~fore Co~cil EoF its fizst reading, read ~d laid over, vas again ~iore ~e ~e foll~g for its second reading ~d f~al adoption~ (J21758) ~ 0~I~ to ~d Title ~, Chapte~ 4.1, Section 2~ of ~e C~e o[ ~e City oi Ro~oke, 1956, as ~ded, and Sheet ~o. 142, Sectional 1966 Zone ~p, City of Ro~oke, in ~elation to Zoning. (For full tex~ of Ord~ce, see Ordin~ce Book No. 40, Pag~ 103.) ~. Th~s ~ved ~e adoption oi ~e O~dinance. The ~ion ~as seconded by ~. Trout ~d adopted by ~e foll~ing vote: A~: Hessrs. Garl~d~ H~ard, Lisk, Th~s, Weber ................................6. ~YS: Ho~e ................. 0. (Dr. Taylor ZONING: Ord~ce Ho. 21759 ~nd~9 ~d reordain~9 Section 44. Zoning A~ns~ator o[ Chapte~ 4.1, Zoning, o~ Title ~, Cons~ction, Altera- tion and Use o~ ~d, Buildings ~d O~er S~ct~es of Roanoke, 1956, as ~ded, by providing ~at ~e Zon~g A~nistrator shall be appointed by ~e City ~ager~ having previously been before Co,oil fo~ its first read~g~ read ~d laid over~ was aga~ ~fore ~e b~y, ~. Trout offering ~e foll~fng for f~ second read~g ~d f~al (%21759] ~ O~ ~nd~g ~ reor~fng Sec.' 44. Zon~g A~nis~ator, of ~apter 4.1, Zon~g, of Title ~, Cons~ct~on, ~teratfon ~d Use of ~, Buildings ~d O~er S~ct~es, of ~e Code of ~e C~ty of Ro~oke, 1956, as ~ded by prov~d~g ~at ~e Zon~g A~is~ator shall ap~nted by ~e C~ty ~ager. (For full t~t of Ordin~ce, see Ord~ce Book No. 40, Page 104.) ~. Trout move~ ~e a~optfon of ~e Ord~ce. The ~tion was seconded by ~. Tho~s ~d a~opted by ~e foiling vote= A~S= Messrs. Garlan~ H~ar~, Lfsk, ~s, Trout an~ ~yor Webber .................... ~ .......... 6. NAYS: None ................ 0. (Dr. Taylor ~sent) ROANOKE VALLEY LF.t~-UE FOR pLaNED PA~ENTH000: Co~c~l having d~rected ~e c~ty Atto~ey to prep~e ~e proof ~as~e pro~s~g con~lbut~on by ~e o~er ~oke Valle~ gove~2s to ~e ~oke Valle~ ~a~e for Pl~ed ~co~orated~ 2o ~le ~e ~a~e 2o cont~ue L2s vario~ 8e~ice progr~ ~n ~oke Valle~ area~ he presented s~ ~he~eu~, ~. ~ou~ offered ~e foll~- ~q ~solutl~: (~1~7) A ~S0~I~ propos~9 con~utlon by ~e o~er Ro~oke Valley qo~emts to ~e ~anoke Valley ~a~e io~ Pl~ed Inco~orated~ to en~le ~e ~a~e to cont~ue-its vl~lous se~ice propra~ ~e Ro~oke Valley area, (For full text o[ Resolution, see Resolution ~k No. 40, Paqe 115.) ~. Trout ~ved ~e adoption oi ~e Resolution. The ~tion seconded by ~. Garl~d and adopted by ~ iollo~in9 vote: AYES: Ness~s. Ga~l~d~ H~a~d, Th~s, T~o~t and Weber .........................5. ~YS: N~e .......... 0. (~. ~isk not votin9) (Dr. Taylor absent) VIRGIitlA ~ICIP~ 2G2: Co~cil hav~g directed ~e City Attorney to prepare ~e proper measure indicating ~e support and prayers of ~e City of R~noke for President ~rald R. Ford ~d atica, he presented s~e~ ~hereupon, ~. Lisk offered ~e roll.in9 Resolutionl (t21~88} A ~SOL~ION addressed to P~IP~ GE~ R. FO~. (For full text of Resolution, see Resolution Book No. 40, Page 116.] ~. Lisk ~ved ~e adoption of ~e Resolution. ~e mtlon seconded by ~. Garl~d and adopted by ~e roll.in9 vote~ AYES: ~essrs. 6arlmd, H~ard. ~isk, Thoms, Trout and Weber ........................6. NAYS~ None .........0. {Dr. Taylor abs~t) ~ICIP~ BUI~ING: Co~cil hav~g directed ~e City Atto~ey to prepare ~e proper ~as~e approv~g ~e city's pa~t of $4,515.23 additional cost of ceftin ~rgency repairs rode in ~e city's Co~ouse Building as provided by Resoluti~ No. 21586; ~d au~orlz~g ~e City ~ager's issuace of a ch~ge order to ~e con~act entered ~to for said repairs, he presented s~e~ whereup~, ~. Trout offered ~e foll~ing Resolutlon~ (~21~89} A ~50~ION approving ~e city's pa~t of $4~515.23 additional cost of ceftin emerg~cy repairs rode in ~e city's Buildin9 as provided by Resolution No. 215861 and au~orizln9 ~e City ~nager's issu~ce of a ch~ge order to ~e ~on~act heretofore entered into for s~id repairs. (For full tat of Resolution, see Resolution B~k No. 40, Page 3'77 378 ~-. ~out z~oYed the adopt.ton of ~e ~ao~u~. ~he ~ seconded b~ ~ Llsk ~d adopted by' ~e foll~h~ vote: Ne~e~ ......................... 6. " ~YS~ N~e .......... 0. ~ (Dr.' Taylor. ~sent) AI~ORT= Co~c{~ hav~g directed ~e City A2to~ey to prepare ~e proper ~as~e accep~g ~e dona21~ fr~ ~. C. E. No~=le o[ a flag ~le ~ used at ~e Te~al BulldOg a2 Ro~oke H~lclpal A[~o=t, ~ he presented s~ ~hereu~, ~. ~ou2 offered ~e foll~lng Resolu2~on= {f21790) A ~SO~ION accepk~g ~e donation from ~. C. E. ~O~S a zes~den2 of ~e city, of a fla~ ~le to ~ used a2 ~e =ec~Cly enlarged ~nal Building =~ ~oke H~[c~pal (~o~) (For Eul~ 2ext of Resolution, see Re=olu2~on B~h No. 40, Pa~e 118.) ~. ~ouC ~ved ~e adoption of ~e Re~oluC[on. The ~tion seconded by ~. Lisk ~d adopted by ~e foll~g vo2e: A~S: Hessrs. Ga~l~d, H~ard, Lis~, Th~s~ TrouC and Heb~= ......................... 6. ~YS: Hone .......... 0. (Dr. Taylor absen2} H~IONS ~ HISC~OUS BUSI~SS= LIB~: The ~pu2y C~ty Clerk =e~=2ed ~a2 ~=. ~rol Dalhouse has qualified as a ~r of ~e Ro~oke P~I~C L~bra~ Board for a te~ o~ ~ree years ~ding J~e 30, 1977, ~ ~at ~s. W~11~ P. has qual~f~e~ as a ~r of ~e Ro~ok= P~i~c Libra~ ~ar~ representing ~e Cowry of Craig for a te~ of ~ee years ~g J~e 30, 1977. ~. ~= ~v=d ~at ~e re~rt ~ received ~ f~e~. The ~t~on was seconde~ by ~. Trout ~d adopte~. CO~C~L-ACTS OF A~O~= ~yor W~r e~resse~ apprecia- tion to Co~c~ David K. L~sk for a job well done ~ng h~B te~ as V~ce-~yor of ~e C~ty of ~R ~NGS OF C~T~S= F~DS-~S-~NTS: ~. Jack A. P~, represent~g res~ of ~e Mill Mo~ E=~tes area, appeare~ ~fore Co~cil co~ect~on w~ ~as~es which have ~en'~k~ by ~e J~s E. ~ng Cons~c- t~on Co~y~ ~nco~orate~ to correct s~face ~-off ~n ~e ~1~ Es~tes area, a~v~s~ng ~at he has be~ watching ~e progress, ~, in his opinion, ~t ~s ve~ sl~py ~ haphazar~ ~ ~vite~ ~e m~rs of Cocci1 to ~e area to v~ew what ~s ~ ~one. ~e Assis~t City ~ager a~v~se~ ~at a letter from ~e J~s E. ~ng ~ns~ction C~y was rece~ve~ by ~e c~ty on ~es~ay, Sept~er 3, 1974, relative to a ~1~ to alleviate ~e probl~ h~eve=, he ~s conce~e~ ~ut what ~. Pi~ has sa~d. 379 ~tro Hubard moved that the communication £ro~ ~r. Pitman be re£erred to the City Hanager for consideration along w~th the co~s~nicatton received by the Ja~ee E. Long Construction Com~nyw Incorporated. The motion was seconded, by ~tr. Lick and adopted. There being no further business, Hayer Webber declared the meeting adjourned. ATTEST= APPROVED Deputy City Clerk Mayor 380 ' COUNC'~r.~ P,.EGULA~ M~ETING~ ~on~ay, ~eptember 9, 1974. The Council of the City of Roanoke met in regular ~eet~ng in the Council Chamber ~n the Municipal Bullding~ Monday, September 9~ 1974, at 2 p.m. w the regular meeting hourw with Mayor Ro~, L. Webber preaiding. pRESENT: Councilmen Willia~ S. Rubard, David K. Lisk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy L. Webber ....... 6. ABSENT: Councllma~ Robert A. Garland ......................... OFFICERS PRESENT: Mr. Byron E. Hanert City Manager{ Mr. Sam H. HcGheew III, Assistant City Hanager{ Mr. James N. Kincanon, City Attorney{ Mr. H. Ben Jones, Jr., Assistant City Attorney{ and Mr. A. N. Gibson, Director of F~nance. INVOCATION: The meeting was opened with a prayer by Councilman William S. Hubard. MINUTES: Copy of the m~nutes of the special m~eting held on Wednesday, August 28, 1974, and the regular meeting held on Tuesday, Septe~nber 3, 1974, having been furnished each member Of Council, on motion of Mr. Trout, seconded by Mr. ~.lsk and adopted, the reading thereof was dispensed with and the m~nutes approved as recorded. ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS: Mayor Webber advised that he has proclained the week of September 9 - 15, 1974, as ~Dig Brother's Week,w in the City o£ Roanoke and welcomed representatives of the Blg Brothers organization to the Council meeting. Mayor Webber then requested that the Deputy city Clerk read the proclamation in its entirety. HEAPING OF CITIZENS U-PON PUBLIC AIRPORT: Pursuant to notice of advertisement for bids for a Fixed Base Operation at Roanoke Hunicipal Airport, Woodrum Field, said proposals to be received by the City Clerk ~ulttl 2 p.m., Honday, September 9, 1974, and to be opened at that hour before Council, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the Deputy City Clerk to proceed with the opening of the blds~ whereupon, the Deputy City Clerk informed the members of Council that only one bid had been received on the item. Mr. Trout moved that the one bid be opened and read. The metion was seconded by Mr. Lisk and adopted. The Deputy City clark opened end read the one bid received fr°m Piedmont Avlatlon~ Inco~porated~ Z I~ase 381~800 square feeh A. let $ yre. - $0.01 peg square foot B0 2nd 5 yrs. - 0.02 per square foot C. 3rd S yrs. - . 0.02 per square foot D. 4th S yrs.- 0.02 peg square foot R. 5th S yrs. - 0.02 peg square foot II A. Per gal. aviation oil S0,iS B. Per gal. each grade aviation and Jet fuel $0.02 III Assessable landing fees - ?5% IV Parking and tie-down fees - V Gross receipts - 0% ~Lr. Thomas moved that the bid be referred to a corem/%tee to be appointed by the Hayor for study, report and reco~nendation to Council. The motion was seconded by ~r. Trout and adopted. Hayor Webber appointed Hessrs. Byron E. Raner, Chatrman~ James O. Trout and R. C. Pools as me~bers of the cn~ttee. STADIUH: H~. Reginald V. Wood~ Project Chairman Of the Cave Spring Jaycees, Incorporated, appeared before council and requested financial support for a 'Star City Classic Virginia Collegiate All-Star Foothall Ga~e,' advising that this request has a three fold purpose, (1) to promote travel and tourism in the Roanoke Valley at the beginning of the Christmas season, (2) to provide a fitting tribute to Virglnia~s outstanding college senior football players and in recoquition of the achievement £n their careers, (3) to establish a foundation which has as its purpose the sponsoring and financial support of monna1 retardation projects ~hroughout the State of Virginia, requesting that the members of Council reinstate the to,al funding previously appropriated to support intercollegiate foothall at Victo~y Stadimn, these monies to be returned to the City of Roanoke from the gross receipts realized from the Classic end, after ~his first year, such advanced monies are to be held in reserve from the receipts of this ga~e. Mr. Thomas moved that the matter be referred to the City Manager and the Roanoke Civic Center and Stadium Advisory Comnu~ssion for study, report end reco~nendation to Council. Th~ motion was seconded by Hr. Trout and adopted. DEPOSITORIES-WATER DEPARTMENT: Hr. Frederick H. Phillips, President, New Bank of Roanoke, appeared before Council and presented a co~aunicatlon requesting that the New Bank of Roanoke act as a depository for the City of Roanoke and, also, act as agent for the city tn the proposed collectlon of water bills and other receivables that the city m~ght have. 381 382 ~r. Trout ~oved that the matter be referred to the Director of Finance for study, re~ort and rec~dation to Council. The ~otion was seconded by Dr. Taylor and adopted. PETITIONS AND COHHUNICATIONS: HOOSIHG-SIA~ CLEAPANCE~ A cc~nmication from Hr. R. R. Henley, Executive Director, City o£ Roanoke Redevelopn~nt and Housing Authority, advising that in accordance with the Code of Virginia, Section 36-22, the Authority is required to advise Council of any changes in the max~mma income lhaits of lo,-rent housing projects at least 30 days prior to the effective date, and advising that effective October l, 1974, the annual maxhnum income I/mite will change for the lo,-rent projects managed by the Housing Authority in the City of Roanoke, was before Council. Kr. Hubard moved that the communication be received and filed. The motion was seconded by Hr. Llsk and adopted. EOUSING-SLUH CLEARM~CE-STI~ETS AND ALLEYS: An application from Hr. Allen W. Staples, Attorney, representing the City of Roanoke Redevelol~ent and Housing Authority, requesting that a portion of a certain street and alley w£thin the boundary of the Gainsboro itelghborhood Development Pro, ram, Project VA Ao6, be vacated, discontinued and closed, was before Cotmcil. Hr. Thomas offered the following Resolution appointing viewers in connection with the street and alley request.- (121791) A I~ESOLUTIOH relating to permanent vacation, discontinuance and closing of a portion of a certain street and an alley within the boundary of the Gainsboro Neighborhood Development Program, Project VA A-6, of the City of Roanoke Redevelopment and Housing Authority, as hereafter mere fully described, appointing viewers tn the premises, and referring the proposed closlng to the City Planning Co .n~ssion. (For full text of Resolutionw see Resolution Book No. 40, Page 120.) Mr. Thomas moved the adoption of the Resolutlon. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ 6. NAYS: Hone .................0. {Hr. Garland absent) Hr. Thomas then moved that the request be referred to the City Planning Comn~ssion for study, report and recommendation to Conncil. The motion was seconded by Hr. Lisk and adopted. REPORTS OF OFFICERE: BUDGET-U.S.S. ROANOKE-LIBRAR/ES: The City Hanager submitted a written re~ort advising that the design is co=~lete and bids have been solicited for the installation of the ship's bell from the U.S.S. ROANOKE on a pedestal ~n the plaza in tront o£ the Hain Llbrar~ Building, ~ecc~nending that the bid o~ Harsteller ~ration, In ~e ~t 0f $1,085.00, ~ accepted, ~d ~a2 sa~d ~2 be appropriated for ~e acc~lis~n2 of ~is vork. DF. Taylor ~ved ~t Co~c~l conc~ ~n ~e report of ~e City ~ageF ~ of'feted ~e foiling ~rgen~ Ord~ce app~opriat~ng ~1,085.00 ~ Con.actual Se~ices ~der Sechion J480, U~braries,' of ~e 1974-75 budqett (~21792) ~ 0~I~ to ~d ~d reo~dain Section 'Libraries,' of ~e 1974-75 App~op~a2~on Ordin~ce~ and providing for (For full t~t o~ Ordinate, see Ord~ce ~k No. 40~ Page 122.) Dr. Taylor ~ve~ ~e a~opt~on of ~e Or~ce. ~e ~tion was seconded by ~. ~out ~ adopted by ~e foll~g vote= AYES: Messrs. H~ar~ Llsk~ Taylor~ ~s~ Trout ~ ~yor Weber ............................... NAYS: None ................0. (~. Garl~ absent) P~NG ~GE= The City ~nager s~tte~ a ~itten re~rt tr~s~tt~ng copy of a C~icat~on fr~ ~. J~s L. Trlnkle w~ regar~ to ~e ~es~re o~ ~e ~ers of ~ Sh~an~oah ~u~ng to ~ grante~ pe~ss~on to co,eot to ~e propose~ M~ic~pa~ Parking Garage. Dr. Taylor ~ved ~at ~ re~rt be referre~ to ~e City ~ager ~ ~e Central Roanoke Developm~t Fo~at~on for ~eir ~nfo~t~on ~n co~ectlon w~ ~eir study of ~e ~tter. The ~tion was seconde~ by L~sk an~ adopted. S~ETS ~ ~S= ~e City ~ager s~tte~ a ~itten re~rt ~ co~ect~on wi~ a =~icat~on fr~ ~. Me1 H. L~pton, A~s~ator, B~re11 M~or~a~ Hospi~l, for ~e consideration of Co~c~l ~ ext~ng Slx~ S~eet, N. W., across B~rell M~or~a~ property ~ d~ to Or,ge Argue fr~ ~e ~urrell M~or~al Hospi~al, a~v~s~g ~at ~cause of ~e gra~e beh~ ~e hosp~l~ a su~b~e p~l~c s~eet c~ot ~ cons~ucte~ wh~ woul~ not exceed ~e gradients pe~sslble for c~ty s~eets, ~ reco- unting ~at Co~c~l conc~ ~n ~e f~n~ings o~ ~e City P~a~g Co~ss~on ~ ~at ~e City Clerk a~v~se B~re11 M~or~a~ Hosp~ of ~e c~ty~s ~ility to c~ly wl~ ~eir re,est. (For full t~t, see report as file~ ~ ~e City Clerk's Off~ce.) In ~s co~ect~on, ~e C~ty Pl~g Co~ssion s~tte~ a ~itt~ report recking ~at ~e r~est ~ den~e~. (For full text, see report as f~e~ ~n ~e City Clerk's Off~ce.) ~. Me1 H. L~pton, ~s~ator~ ~urrell M~r~al appe~e~ before Co~c~l ~ S~esse~ ~e ~or~ce of exten~g S~x~ Street, 383 N. W., across the Burrell Hemorlal property and down to Orange Avenue, advising that during ~nclement weather access to the hospital is most difficult. After a discussion as to possible solutions to the problem, Mr. Trout moved that the ~atter be referred back to the City Manager for further studyt report and rec~nc]ation to Council. The motion was seconded by Dr. Taylor and adopted. ELECTIONS: The City Attorney submitted a written report advising that by letter of the Department Of Justice dated September 3, 1974, the City Attorney's Office has been advised that the Attorney General does not inter- pose any objection under the Voting Rights Act to the rearrangement of voting precinct beundarles and polling places as set out and contained in Ordinance No. 21558. Mr. Thomas moved that the report be received and filed. The motion was seconded by Mr. Trout and adopted. COUNCIL: The City Attorney s-~ttted a written report requesting an Executive Session with the members of Council, following the regular meeting, for the purpose Of briefing Council on certain pending litigation. Mr. Thomas moved that Council concur in the request of the City Attorney for an Executive Session. The ~otion was seconded by z~r. Trout and adopted by the following vote: AYES: Messrs. Hubard, ~.isk, Taylort Thomast Trout and Mayor Webber .............................. 6 NAYS= None ...............0. (Mr. Garland absent) ANNEXATION-CONSOLIDATTON: The City Attorney submitted a written report advising that arrangements have been made perm~tting temporary use of office space and quarters by attorneys and officials of Roanoke County during the initial stages of the annexation proceedings, said quarters being located on Church Avenue~ S.W. Mr. Thomas moved that Council concur in the report o£ the City Attorney and offered the following Resolution: (%21793) A I~ESOLUTION concurring in the County of Roanoke~s temporary use of certain premises owned by the City of Roanoke during the trial of pend/ng annexation proceedings~ upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 40, Page 122.) Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Hubard~ Lisk, Taylor, Thomas~ Trout and Mayor Webber .............................. 6. NAYS= None ................ 0. (Mr. Garland absent) ZONINGs The Assistant City Attorney sub~dtted a written report as to providing 'exclusive original ~urisdic~lon' to the Board of ~oning Appeals relative to waivers, variances and special exceptions under the Zoning .Ordinance~ advising that should this be the wish of Council, the matter should be ~eferred to the City Planning Commission for study and reco~nendation, following which a public hearing before Council rill be (For full text; sea report as filed in ~he Cit~ Clerk*s Office.) Hr. Thonas moved that Cooncil concu~ in t. he report of the City Attorney and ~hat the ~Mtter be referred to the City ~lanning Co~ssion for stud~, report and rec~enda~lon to Council. The motion was seconded by ?rout and adopted. BUDGET-GRAITI'S-~VEN'[LE A~D DOHESTIC I~LA?IONS DISTR~CT The Director of Finance sub~D~ttod a m:ltton ~epo~t advising that on Au~vst 5~ 1974r COonCil appropriated $5,700.00 for ~w ~fo~c~n~ Action ~a~ ~n ~e ~ton repo~ to Co~c~l, ~ere should have ~en appro~a~e~ Acco~. (J2~794) ~ O~ ~o ~nd ~d ~eorda~n ~e ~974-7~ PFo~ Acco~ an~ p~ov~ng fo~ ~ (For ~ul~ ~ex~ o~ Ord~ce~ see Ord~n~ce BOO~ ~o. 40, Page ~. Trout ~ved ~e adoption of ~e Ord~ce. The ~t~on was seconded by ~. L~sk and adopted by ~e foll~ing Webber ................................ 6. NAYS: None .................. 0. (~. 6arl~d absent) B~ET-~ ~TA~ ~S~SOR= The D~rector of F~ce a ~ttm report adv~s~g of ~e necessity to a~propriate $800.00 to ~e ~ard of E~alizat[on of Real Es~te Assessors to provide' secretarial for six weeks a~d ~s~tt~g ~ Ord~ce to acc~l[sh ~ls p~ose. ~. Th~s ~ved ~at Co,oil conc~ ~n ~e report of ~e Director o~ F~ce ~d offered ~e foll~g ~erg~ Ord~ce appropriating $800.00 to Salaries ~d Wages ~der Section S175, 'Board of E~alization of Real Es~te Assess~,' o[ ~e 1974-75 budget: 385 (121795) ~ ORDINANCE to amend and reordain Section tl?5,''Board of Equalization of Real Fstate Assessments,' of the 1974-75 Appropriation Ordinance, and provid~ng for an emergency. ' (For full text of ordinance, see Ordinance Book No. 40~ Page 123.) H~. Thomas moved the adoption of the Ordinance. 'The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Hessrs. Hubard, List, Taylor, Thcenas, Trout and Hayor Webber ........................... NAYS: None ............. 0. (~r. Garland absent) REPORTS OF CO~IITTEES: HARKET; The Real Estate Connmtttee submitted a w~ltten report relative to the proposal of Southwest Virginia Cammunity Development Fund for the conversion of the City Harket Building into an International Poo~ A~cada, advising that the 5VCDF proposes to purchase the City Harket In fee sidle for an amount of $250,000.00, recommending that Council concur, generally, in the aforesaid proposal and that Council authorize its Real Estate Con~nittee to continue its discussions and negotiations with SVCDF toward arriv- ing at a firm understanding upon which all of the aforesaid may be brought about. (For full text, see report as filed in the City Clerk's office.) Pa:. List moved that Council concur in the report of the committee and offered the following Resolution: (~21786) A I~SOLUTION relating to a proposal for ~he city's disposition and the subsequent use of the City Harket Building property. (For full text of Resoluticn, See Resolution Book No. 40, Page 124o) Hr. List moved the adoption of the Resolution. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: ~tessrs. Hub~rd, List, Taylor, Thomas, Trout and Webber .............................. NAYS: None ...............0. (Hr. Garland absent) WATER DEPARTHENT: The Water Resources C~ttee submitted a ~r~itten report recn~nding the purchase of the G. Lo h~nitlo~ water system, for the stun of $250.00~ that the city pay the Commissioner of the Revenue the sum of $515.35 plus interest representing unpaid u~tlity taxes for the period of 1967-1969~ that outstanding bills amounting to $288.54 be voided~ that the city construct approxil~tely 600 feet nE six inch water line and 40 new services with meters$ and that the City Attorney be instructed to prepare the necessary legal papers ac¢ordLngly. (For full text, see report as filed in the City Clerk's Office.} ~r. Thomas ~oved that Council concur in the report of the cc~a~ttee and offered the following emergency Ordinances (t21797) AN O~DINANCE authorizing the city's purchase from G. L. Wnitlo~ of a private water system located in the northwest section of the city, upon certain te~ and conditions~ and providing for an emergency. · (For full text of Ordinance, see Ordinance Book No. 40, Page 125.) ~ro Thomas moved the adoption of the Ordinance° The motion was seconded by Kr. Hubard and adopted by the followln9 votes AYES: Hessrs° Hubard, Llsk, Taylor, Thomas, T~out a~d Hayer Webber .............................. 6. ~AY$: l~one ................ 0. (~r. Garland absent) HOOSING-SLUH CLEARANCE: The Pair Housing Board sub~tted a written report relative to an amendment to Ordinance Nee 20725 which would permit exclusive rental to older citizens in the City of v~anoke, recon~ending that Section 2-U read as Nothing in this chapter shall be construed to bar any person from refusing to sell, rent, or advertise any multi-unit dwelling which is planned for and occupied exclusively by specific age groups to any individual or individuals on the Nothing in this chapter shall be construed to bar any person from refusing to sell, rent, or advertise any multi-unit dwelling planned for and occupied exclusively by the indi- gent, or those medically or mentally incapacitated, to any individual or individuals on the basis of age, marital status, or sex. Hr. James P. Hart, Jr°, Attorney, representing twenty-five real estate brokers, appeared before Council in support of the amendment. Dr. Taylor moved that Council concur in the report of the Fair Housing Board and that the following Ordinance be placed upon its first reading: (t21798) AN ORDINANCE ~ending part B. of Sec. 2. Discriminatory Housing Practices, of Chapter 8, Fair Housing, of Title XV, Of The Code of the City of Roanoke, 19S6, as amended, by the addition o£ a new paragraph pre- vlding that nothing in the Cityfs Fair Housing Ordinance shall be construed to bar any person from refusing, on the basis of age, sex, or marital status, to sell, rent, or advertise any multi-unlt dwelling which is planned for and occupied exclusively by specific age groups or by indigent, or medically or mentally incapacitated persons; and providing for the effective date of this Ordinance. (For full text Of Ordinance, see Ordinance Hook No. 40, Pa~e 129.) The motion was seconded by Hr. Lisk a~d adopted by the following vote: AYES: Meesreo Llsk, Taylor, Thomas, Trout and 14ayor Webber .......................... 5. NAYS: Mr. Hubard .....1. (Mr. Garland absent) SS.7 ~:. Hubard expressed.~he ~oph3lon that by the adoption of this OrdLuance, young people are being discr/nJ~ated against. UNFINISHED BUSINESS= NONE, CONSIDERATION OF CLAIMSt NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS= REGIONAL JAIL-TRAFFICs Ordinance No. 21786, accepting the proposal of J & S Parking Company, Incorporated, to operate a public off-street parking facility on certain property owned by the city, on a month-to-month basis and upon certain other express terms and conditions, having previously bean before Council for its first reading, read and laid over~ was again before the body, Mr. Trout offering the following for its second reading and final adoption: (~21786) AN ORDINANCE accepting the proposal of J & S Parking Company, Incorporated, to operate a public off-street parking facility on certain property owned by the city, on a month-to-month basis and upon certain other express terms and conditions. (For full text of Ordinance, see Ordinance Book Ilo. 40, Page 118.) ~tr. Trout moved tile adogtion of tile Or.lillance. ~*e ~otioll %~a-J seconded by Mr. Lfsk and adopted by the following vote= AYES= Hessrs. Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................ 6. NAYS= None .............0. (Mr. Garland absent) REGIONAL JA~L= Council having directed the City Attorney to prepare the proper measure authorizing the purchase from Roy N. Park Broadcasting Of Roanoke, Incorporated, of certain lots fronting 100 feet on the north side of Church Avenue, S. W., in the City of Roanoke, Virginia, Official Tax NO. 1101328 and being Lots 42, 43, 44 and 45 as shown on the W. W. Coe Map, upon certain terms and provisions, he presented same~ whereupon, Mr. hlsk Offered the followt~lg e. mergency Ordinance: (%21799) AN ORDINANCE authorizing the purchase from Roy H. Park Broadcasting of Roanoke, Incorporated, of certain lots fronting 100 feet on the north side of Church Avenue, S. W., in the City of Roanoke, Virginia, being showll on the Tax Appraisal Maps of the City as Official No. 1101328, and beings Lots 42, 43, 44 and 45 as shovel on the W. W. Coe liap, upan certain terms and provlslons~ providing for payment of the purchase price thereof upon dellvery of a deed to the city and for recordation of such deed; and pro- viding for an emergency. (For full text of Ordlna~ce, see Ordinance Book No. 40, Page 126.) Hr. Llflk moved the adoption of the Ordinance, The motion was seconded by Hr, T~out and adopted by the following vote: AYES: M~ssrs. Hubardw Liskw Taylor, Thomas, Trout and Mayor Webber .............................. 6 · NAYS: None ................ 0. (Hr. Garland absent) AIRPORT: Councll having directed the City Attorney to prepare the proper measure concurring in certaln renovations to be mede by piedmont Aviation, Incorporated, in the spaces occupied by sald airline in the Airport Terminal Buildingt upon. certain terms and conditions, he presented eame~ where- upon, Hr. Trout offered the follow~g Resolution: (%21800) A RESOLUTION concurring in certain renovations to be mede by Piedmont Aviation, Inc., in the spaces occupied by said airline in the A~rport Terminal Building, upon certaln terms and conditions. (For full text of Resolutiont see Resolution Book NO. 40m Page 128.) Mr. Trout moved the adoption Of the Resolution. The motion was seconded by Hr. Lisk and adopted by the following vote: AYES: Messrs. Hubard~ Lisk~ Taylor, Thomas, Trout a~d Mayor Webber .............................. 6. NAYS= None ...............0. (Hr. Garland absent) BUDGET-AI~OET: Council having directed the City Attorney to prepare the proper measure appropriating $6?5.00 to Terminal Buildlng Addition under Section %550, mAirport,m of the 1974-75 Airport Fund Appropriation Ordinance, to provide funds for a sign to be placed above the Terminal BuiLding at the airport setting out the proper name of said airport, viz: Roanoke Municipal A~rport, Woo~rum Field, Mr. Trout offered the following emergency Ordinance: (%21801} A~ ORDINANCE to a~nd and reordain Section %550, #Airport,' of the 1974-?S Municipal Airport Fund Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Eook No. 40, Page 129.} Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Lisk and adopted by the following vote= AYES= Messrs. Hubard, Lisk, Taylor, Thomas~ Trout and Mayor Webber .................................. NAYS: None---.- ............... 0. (Hr. Garland absent) MOTIONS AND ~SCELLA~-EOUS~EUSINESS= NONE. OTHER HEARINGS OF CITIZENS: TAXES: Mr. Lacy Edgerton appeared before Council relative to the high utility taxes and requested that Cocci1 instruct its City Taxes Committee to submit its report on the matter. 390 ~a. yor Webber a~vlsed its report to Council so.etlme ~ ~e ~ear furze. ~ere ~in~ no f~er business, ~yo~ ~ebber deCl~d ~e ~et~g adjourned. ATTEST~ Deputy City Clerk APPROVED Mayor COUNCIL~ REGULAR HEETING~ ~onday~ September 16~ 1974. The Council of the City of Roanoke ~et In regular ~eetlng In Room 159 of the Nuniclpal Bulldlng on Monday, September 16, 1974, at 2 p.m., the regular meeting hourw wlth Mayor Roy L. webber presiding. p~ESENT: CounciLmen Robert A. Garland~ William S. Hubard, David K. Llsk~ Noel C. Taylor~ Hampton W. Thomas and Mayor Roy L. Webber .......... 6. ABSENt: Councilman James O. Trout .............................1. OFFICERS pRESENT: Mr. Cabell J. Fearn~ Director, Technical and Adm~nistrative Plannlng~ Mr. James N. Klncanon, City Attorney~ Hr. H. Ben Jones, Jr., Assistant Clty Attorney~ and Mr. A. N. Gibson, Director of Finance. INVOCATION: The meeting was opened with a prayer by the Reverend James H. Ott, Pastor, Greenhlll Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday, September 9, 1974, having been furnished each member of Counc11, on motion of Mr. Thomas, seconded by Mr. Lisk and adopted, the reading thereof was dispensed with and the m/nutes approved as recorded. PROCLAHATIONS-~F~.FURATIONS: ~ayor Webber advised that he has proclaimed the week of Septen~er 17 - 23, 1974, as CONSTITUTION WEEK in the City of Roanoke and requested that the Deputy City Clerk read the proclama- tion in its entirety. Mrs. Mary L. Cooper, Regent, General James Breckinrldge Chapter, NSDAR, appeared before Council on behalf of the four Daughters of th~ American Revolution Chapters and presented a Bicentennial Flag to Mr. James N. Kincanon, Co-Chairman of the City of Roanoke Bicentennial Comm/ssion. Mayor Webber expressed appreciation for the Bicentennial Flag and assured Mrs. Cooper that the flag will be flown in an appropriate place. HEAI~TNG OF CITIZENS UPON PUBLIC MATTERS: pARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for bids for the construct/on of a wildflower garden on Hill Mountain, said proposals to be received by the City Clerk untll 2 p.m., Monday, Septe~nber 16, 1974, and to be opened at that hour before Coencil, Mayor Webber asked if anyone had any questions about the advertisement for blds and no repre- sentat/ve present raising any question, the Mayor ~strltcted the Deputy City Clerk to proceed with the opening of the bids~ whereupon, the . Deputy City Clerk opened and read the follow/ng bids: Southwest Constr~ction Company, Incorporated - $ 26,704.85 Joh/l A. Hall & Co, any, Incorporated - 34,837.25 391 392 Hr. Thomas moved that the bids be referred to a com~tttee to be appointed by the Mayor for tabulation~ report and recce~nendation to Council. The motion was seconded by Mr. Lick and adopted. Mayor Webber appointed Hr. Sam H. HcGhee~ III, Chairman~ the President of the Roanoke Council of Garden Clubs~ Incorporeted~ (Mrs. ~ames A. Gosney), Hr. A. N. G~bson and Mr. N. Carl Andrews as members of the c°mmittee. APpATACHIAN pO~ER COHPANY-STATE COI~ORATION COMMISSIONt Hrs. Linde Moore appeared before the body and read a prepared statement requesting that Council transmit a Resolution to the State Corporation Commission tn opposition to the proposed 24 per cent rate increase of Appalachian power Company. (For full text, see statement as filed in the City Clerk's Office.) After a discussion as to proper handling of the matter, Hr. Thomas moved that the request be taken under advisement by Council to be acted upon in conjunction with e request from the Virginia Municipal League. The motion was seconded by Mr. Garland and adopted. PETITIOI~S AI{D COP~u~ICATIONS: CITY CLEP. K: A communication from H~ss Virginia L. Shaw tendering her resignation as City Clerk of the City of Roanoke, Virginia, effective September 15, 1974, for health reasons, was before Council. Mr. Hubard moved that the resignation be accepted wlth regret and that the City Attorney be instructed to prepare the proper Resolution Of gratitude. The motion was seconded by Mr. Lisk and adopted. HOUSING-SL~ CLEAIt~CE: A communication from Hr. L. G. Leftwlch tendering his resignation as a member of the Fair Housing Board was before Council. Dr. Taylor moved that the resignation be accepted with regret and that the City Attorney be instructed to prepare the proffer Resolution of gratitude. The motion was seconded by Hr. Thomas and adopted. BUDGET-SCHOOLS: A co~nunlcation from the Roanoke City School Board requesting that $130,769.00 be appropriated to Section S47000, 'Schools - Title I, E.S.E.A., P.L. 89-10,' of the 1974-75 budget of the Roanoke City School Board, .100 per cent of actual e~enditures to be reimbursed by Title I, E.S.E.A., P.L. 89-10 funds, was before Cottncil. Dr. Taylor moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance: {%21802) AN ORDINANCE to amend and reordain Section %47000, 'Schools - Title I, E.S.E.A., P. L. 89-10,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see ordinance Book Ho, 40, Page 130.) Dr. Taylor moved the adoption of the Ordinance. The motion Was eeconded by H~. Thomas and adopted by the following vote I AYESz Hesare. Garland, Hubard, Llsk~ Taylor, Thomas and Nayor Webber ................................ 6. HAYS~ Hone .................0o (H~o Trout absent) WATER DEPARTMENT~ A co=~aunication from Mr° W. Heywood Fralin, Attorney, representing Fekas Homes, Incorporated~ relative to providing water service to Lots ? - 13~ Plat of Rlverdale Heights, advising that in Order t~ £urnish water to the seven lots In question, it Is requested by the owner, with the concurrence of the Water Depart~-nt and the Building Department, that Title 12m Chapter 1, Seotion 5, Rule 6, of The Code of the City of Roanoke, 1956, as;amended, be waived insofar as this section applies to the captioned lots was before Council. In this connection, the Director of Technical and Administrative Planning submitted a written report of the City ~anager recommending that Cott~cil grant this request conditioned upon the developer granting to each of the Lots ? - 13~ a water service easement across LOt 6 and each other lot as applicable and further that the developer install on the service lIne to each resident a booster p=mplng station to become the property of, and to be maintained by the owner Of each lot, and, if this request is granted, the city, in compliance with other provisions of the City Code, would install a service connection to the water line and install a meter on each service connection at right to Lot 6. (For full text, see report as filed in the City Clerkes Office.) Mr. Thomas moved that Council concur in the request and offered the following emergealcy Ordinance= (%21803} AR ORDINARCE waiving certain provisions contained in Rule 6, Of Sec. 5, Chapter 1, of Title X~I, of The Code of the City of Roanoke, 1956, as amended, so as to permit the provision Of public water service to certain lots in the Rlverdale Heights section of the city through private easements, upon certaIn terms and conditions~ and providing for an emer gea~cy. (For full text of OrdInance, see Ordinaulce Rook NO. 40, Page 131.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas and Mayor Webber .............................. 6. NAYS= None ................ 0. (Mr. Trout absent) '393 i39~ REPORTS OF OFFICERS; BUDGET-PUBLIC i/~LFAP~-GP~I~fS; The Director of Technical and A~ainistrativa planning submitted a written report of' the City Nanager advising that a request for additional funds for production o~ telavtslon documentalW films on child abuse has been approved by the Division o£ State Planning and COmmmlty Affaire~ the total amount of the additional grant being $1~980.00, and rec~ading that Council appropriate said amount to the $11,$90.00 pre- viously appropriated for that purpose. Hr. Garland moved that Council concur in the report of ~he City Hanager and offered the following emergency Ordinance: {S21804) AN ORDINANCE to amend and reordain the 1974-75 Grant Program Account, and providing for an emergency. (For full text of Ordinence~ see Ordinance Book No. 40, Page 132.) Hr, Garland moved the adoption o£ the Ordinance, The motion was seconded by Hr. Lisk and adopted by the following vote; AYES: Heesrs. Garland, Nubard, Lisk, Taylor, Thomas and Mayor Webber ................................... 6, NAYS: None ..................... 0. (Hr. Trout absent) BUDGET-PE~0NNEL DSPARTHENT-GRANTS: The Director of Technical and Administrative Plan~ing submitted a written report of the City Manager recom- mending that an additional $23.55 be appropriated to the ~699.00 previously appropriated to Travel under Section %714, 'Personnel Department,' of the 1974-75 budget, to provide additional funds relative to a training course which was completed on July 19, 1974, at the University of Michigan. Dr. Taylor moved that Council concur in the report of the City Manager and offered the followlng emergency Ordinance: {~21805) ' AN ORDINANCE to emend and reordain Section %714, 'Personnel end Training,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text o£ Ordinance, see Ordinance Book No. 40, Page 133.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas and Mayor Webber ................................. 6. NAYS: None ..................0. (Hr. Trout absent) COMPLAINTS-FLOODS-HURRICANES: The Director of Technical and Ad~Linistrative Plaruling e~itted a writtell report of the City Manager relative to a storm drainage problem in the Mill Mountain Estates area, advising that a plan for eliminating the problem and a schedule for tm~lem~tation of the plan was su~nitted to the City.~ng~neer an September 10, 197¢, .that portions of the plan have been Implemented' and.the.remain~ng work will be completed as soon as weather permits. Mr. Garland moved that the report be received and filed and that the City Manager be ~nstructed to furnish Council with a further report at a later date as to what has been.dons.and If such action Is satisfactory. The motion was seconded by Mr. Nubard and adopted. - MUSEUMS~ The Director of-Technical and Adm~nistrative Planning s-~w,~tted a written report of the City Manager strongly recommending that Council give its consent to the donation of-59 acres of land located on Yellow Nounta~n Road for the construction of a.new Science Museum in the Roanoke Valley. (For full text, see report as filed in the City Clerk"s Office.) The City Attorl~ey advised that he would like to discuss the matter with Council ~n Executive Session prior to any action being taken. Mr. Thomas ~oved that Council meet ~n Executive Session to discuss the matter. The motion was seconded by Mr. Hubard and adopted. Dr. Thomas Krahaver, National Science Chair~a~, Western Division, The Science Museum of Virginia, appeared before Council and urged the adoption of the Resolution donating the property to the Science Museum of Virginia. Later during the meeting and after the executive session, Mr. Thomas offered the following Resolution: (%21806) A ~ESOLUTION offering to ~ake aYailable to the Board Of Trustee~ of The Science Museum of Virginia a tract of land contalnJ-ng approxi- mately 59 acres on the west side of Yellow Mountain Road, in the City of Roanoke and Roanoke County, for establishment of a State Science Museum facility. {For full text of Resolution, see Resolution Book No. 40, Page 133.} Mr. Tho~nas moved the adoption of the Resolution. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Hubardt Lisk, Taylor, Thomas and Mayor Webber .................................. 6. NAYS= None ...................0. {Mr. Trout absent} LICENSES: The Assista~t City Attorney st~m~tted a written report relative to a request of Mr. ttichard W. Davis that Section 38.1 of the'City's L/cense Tax Co~e be amended, advising that in order to achieve uniform~ty in the application of state a~d local law regarding the licenslng and taxation of shows and sales, that Section 38.1 of the Clty"s License Tax Co~e should be amended so as to parallel current state law on the subject and transmitting a proposed Ordinance. ~395 (For £ull text, see report as filed In the City Clerk's O£~iceo) ~Lt'. Garl~cl moved that Council concur In the report o£ the Assistant City Attorney and offered the following emergency Ordlnancez ([21807) AN ORDIHA~C~ amending and reordaining Sec. 38.1, Antique, food, or z~'ge sho~s and sales sponsored by nonprofit organizations, of Chapter 8. License Tax Code, o£ Title VI. Taxat~tonw of The Code of the City of Roanoke, 1956, as amended, by certain paralleling the applicable State lay regardIng the taxation of persons or organizations conducting certain shows and sales~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 134o) Hr. Garland moved the adoption oi the OrdInance. The motion vas seconded by Hr. Thomas and adopted by the following vote~ AYES= Messrs. Garland, Rubard, Llsk, Taylor, Thomas and Hayor Webber .............................. 6. NAYS: None ...............0. (Mr. Trout'absent) ~EPORTS OF COMMITTEES ~ BUSES= The Transportation Study Committee submitted a wrttton report advising Of a meeting held on Thursday, September 12, 1974, to consider certain questions regarding the acquisition of the assets Of Roanoke City Lines, Incorporated, which have arisen during recent negotiations with officials of said company, and recorm~ending the engagement of George B. Buck, Consulting Actuaries, ~ncorporated, to study certain aspects of recently enacted federal pension leglslatlon, and, further recommending that the City Attorney be instructed to advise Co,iici1 as to the most feaslble method of having the Mayor a~d the ChairmA~ of the Transportation Study Committee appointed as ~ers of the Board of Directors of the Greater Roanoke Transit Company. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland moved that Council concur in the report Of the Transporta- tion Study C~{ttee and offered the following Resolutlon: (%21808) A P~SOLUT~ON authorizing the engagement of George B. Buck, Consulting Actuaries, Inc., to study certain aspects of recently enacted Federal pension legislation. (For full text Of Resolution, see Resolution Book No. 40, Page 135.) Hr. Garland moved the adoption of the Resolution. The motion was seconded by Mr. Thomas end adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas and Mayor Webber ............................ 6. NAYS: None .............0. (Mr. Trout absent) H~. Garland further ~oved that' the City Attorney be instructed to prepare the p~oper neasu~e providing ~at ~e ~o~ ~d ~e ~al~ of Directors OE ~e Grea~er ~oke Tr~s~ C~. ~e ~21~ ~a8 seconded b~ ~. ~8k ~d adopted. ~NIS~ BUSIES ~ H~SING-S~ ~ Ord~n~ce No. 21798, ~nd~ng pa~t B. o~ Sec. 2. Dlscr~na~o~ Hous~ P~actices, oE ~apter 8, Fair Housing, of Title ~, o[ ~e C~e o[ ~e City oi ~oke, 1956, as ~nded, by ~e addition oi a ne~ paragraph provid~g ~at no~lng In ~e Cl2yts Fal~ Nousing Ordinance shall ~ cons~ed to ~ any person fr~ refusinq, ~ ~e basis of age~ sex, o~ mrttal s~tus, to sell, r~k, or adve~tise any nulti-~it d~elling vhich Is plied fo~ ~d ~pled ~clusively by specific age qroups o~ by tndig~t, or medically or ~ntally 'incapacl~ted persons, and providing for ~e effective date of ~is Ordin~ce, hav~g previously ~ before Co~cil for its ilrst teeing, read ~d lald over~ was again ~fore ~e b~y~ Dr. Taylor offer~g ~e roll.lng for its secon~ reading ~d final adoption: (%21798) ~ O~I~ ~ding p~t B. of Sec. 2. Discr~nato~ Housing Practices, of ~apter 8, Fair Ho~ing, of Title ~, of The Code of ~e City of ~oke, 1956, as ~ded, by ~e addition of a new paragraph pro- viding ~at no.lng in ~e city's Fair Hous~g Ordin~ce shall be cons~ued to bar ~y person fr~ refusing, on ~e basis of age~ sex, or ~rital s~tus, to sell, r~t, or advertise ~y multi-~it dwelllng which is pla~ed for ~d occupied excl~ively by specific age groups or by indigent, or ~dically or men~11y incapaci~ted personsl and providing for ~e effective date of ~is Ordin~ce. (For fu~l text of Ord~ce, see Ord~ce Bo6k No. 40, Page 129.) Dr. Taylor ~ved ~e adopti~ of ~e Ordln~ce. The ~on was seconded by ~. Garl~d ~d adopted by ~e roll.lng vote: AY~= Messrs. Garl~d, Lisk, Taylor, Th~s ~d ~yor Webber ......................... 5. NAYS: ~. H~ard .... 1. (~. Trout ~sent) VIRGINIA ~ICIP~ ~G~= Dr. Taylor offered ~e following Resoluti~ ext~ng ~e ~vitation of ~e City of Ro~oke to ~e Virginia M~iclpal ~a~e to hold i~ 73rd ~ual ~nv~tion for 1978 in ~e City of (%21809) A ~SOL~ION ext~lng ~e city's invt~tion to ~e Virg~ia M~icipal ~a~e to hold its 73rd ~ual Convention for 1978 in ~e City of Roanoke. 397 (For £ull text of Resolution, see Reanlu~on Book Ho. 40, Page 136.) Dr. Taylor m~ved the adoption of the Resolution. The ~otton Was seconded by Mr. Ltsk and adopted by the follow~ng vote: AYES: Messrs. Ganland, Hul~rd, L1sk, Taylor, Thorn, s and ~yor Webber .......................... 6. NAYSz None ...........0. (Mr. Trout absent) MOTIONS ANDeMISC~T.?J-NEOUS BUSINESS: TAXES: Mr. Hubard presented a c~unlcation advising that at the regular meeting of Council on Monday, August 19, 1974, Council referred a connunlcatlon from Mr. Ernest W. Owens, Presidentw East Gate. Civic League, requesting.consideration for tax relief for the totally and permanently disabled under 65 years of age and concurring In bicycle licensing and placing.real estate taxes on property noW exempt.from such taxes, to the City Taxes Committee for studyf report and fecundation, and that he is under the ~m~ressien that the matter of tax relief for the totally and disabled under 65 years of age should have been referred to the Revenue Study Commission since this ts the body to which tax relief for the elderly was previously referred for study. Question having arisen as to referrLng this matter to the legislature, Mr. Eubard moved that the City Attorney be ~nstructed to provide Council with a report of clarification as to proper handling of the matter. The motion was seconded by Mr. Thomas and adopted. OTHER HEARIN6S OF CITIZENS: NONE. There Being no further Business, Mayor Webber declared the meeting adjourned. A/~fEST: Deputy City Clerk APPROVED Mayor COUNCIL, KEGULAR H~ETING, Monday, September 23, 1974. The coUncil of the 'City of Roanoke met ~u regular meeting In Room 159 of the Municipal Building, on Monday, September 23, 1974, at 2 the regular meeting hod, with Hayor Roy L; Webber presiding. PRESEHT~ Councilmen David K, Llsk, Noel C. Taylor[ H~m~ton W. Thomas, James O. Trout and M~yor Roy L. Webber ................. m ........... ~ ....... ABSENTs Councilmen Robert A. Garland and William S. Bubard ......2o OFFICERS pRESENT: Mr. Cabell J. Fearn, Director, Technical and Administrative Plauning~ Mr. James N. Klncanon, City Attorney~ Mr. H. Ben Jones, Jr., Assistant City Attorney~ and Mr. A. N. Gibson, Director Of Finance. INVOCATION: The meeting was opened with a prayer by Dr. Noe! C. Taylor, Vice-Mayor. MINUTES= Copy of the minutes of the regular meeting held on Honday, September 16, 1974, having been furnished each member of Council, on n~tion of Mr. Thongs, seconded by Hr. Trout and adopted, the reading thereof was dispensed with end the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. pETITIONS AND COF~iUNICATIONS: NONE. NEPOBTS OF OFFICERS= BUDGET-PUBLIC WELFA/~E= The Director Of Technical and A~ministrative Planning submitted a written report of the City Manager recommending that indigent burial expenses be increased from $150.00 to $255.00, and that Contractual Services within the Public Assistance budget be increased by $3,000.00 to cover the increased cost of burials. (For full text,' see report as filed in the City Clerk's Office.) Mr. Trout moved that Council concur in the report of the City Manager and offered the following emergency Ordinance= (#21810) AN ORDINANCE to ~4 and reordain Section ~539, 'Nursing Home,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 137.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the followlng vote: AYES: Messrs. Llsk, Taylor, Thomas, Trout and Mayor Webber .....5. NAYS: None 0 ................................................ (Messrs. Garland and Hubard absent) BUDGET-GRANTS: The Director of Technical and AdI~inistrative Planning stt~mltted a written report Of the City Manager advising that the current '399 grant budget for CA~S re£1ect$ an allocation of $52,812.00, ~hat changes la requirements make it nec~ssar~ .~o modify ~e c~t gr~t c~act b~ reappropr~at~g line l~ all~a~l~s~ specifically~ ~e larger utlliza~ and rec~din~ ~a~ ~e C~t~.~a~e~ ~ au~or~zed to ~nd ~e all~atl~ to re~lect ~is reap~hion~q of l~ne (Fo~ full t~t, see re~h as filed In ~e C~t~ Clerk's ~. Lisk ~ved ~a2 Co~cil conc~ in ~e ~e~ off ~e City ~age~ ~d offered ~e foll~ng ~erqen~ O~dln~ce: ([21811) ~ 0~I~ to ~nd ~d reo~dain Section [530~ 'C.~.H.P.S.,' of ~e 1974-75 App~op~at[~ O~ln~ce~ and providing for an (For full text of Ord~n~ce, see Ordinate ~k No.. 40, Page ~. ~sk ~ved ~e adoption of ~e Ordinance. The m°t~on was seconded by Dr. Taylor ~d adopted by ~e following vote~ AYe= Messrs. Llsk, Taylor, Th~s~ Trout ~d ~yor Webber ...... 5. ~YS= None ............................................... r ...... 0. (Messrs. Garl~d ~d H~ard ~sent) C~SI~ ~T ~D T~NING A~ The Director of Tec~cal an~ A~nis~at~ve Plying s~tted a ~tt~ re~rt advising ~a~ at a meeting of Co~c[l on J~e 10, 1974, Ordin~ce No. 21432 was adopted which au~or~zed ~e execution of ~ agre~ent ~een ~e city and several o~er ~lit~cal j~[sdlct~ons relating to pla~ing and operations of ~er se~[ces ~e Compreh~sive Tra~g ~d ~plo~t Act o~ 1973, ~at ~t[cle II (a) of ~e agre~ent in~cates ~at ~e local governing ~dy of each party of agre~ent w~11 des~ate~ ~ ~it~g~ a represen~tive and alte~ate to se~e on ~e Consort~ Poli~ ~ard, ~d, ~n keeping w~ past practices relative to ~er progr~, it is recorded ~at ~e ~ty ~nager be des~ated as ~e city's repres~ve on ~e Pol[~ Board ~d ~at ~e D~rector of Tec~cal and A~[s~ative Pl~g be ~d~t[f~ed as h~s alte~ate. ~. L~sk moved ~at Cocci1 concur ~n ~a report of ~e City ~ager ~d offered ~e fo11~ng Resolution: {%21812) A ~SOL~[ON n~ng ~e City of Ro~oke~s repres~tative ~d ~ alte~ate to ~e Poli~ Board of ~e Roanoke Consort[~ in accordance w[~ ~e te~ of ~ Agre~t for Planing ~d ~eration of ~p~er Se~[ces ~der ~e Co~rehensive ~plo~t ~d ~a~ng Act of 1973, dated July 1, 1974, as (For full 2ext o~ Resolution, see Resolu~on B~k No. 40, Page 138.] 401 Hr. L~ek move~l the adoption of the Resolution. The motion was seconded by Dr, Taylor and adopted by the following votez AYESz Messrs. Lisk~ Taylor~ Thomas, Trout and Hayor Webber ......5. NAYS s None ............................................. a ........ 0 o (Messrs. Garland and Nubard absent) STADIUH~ The Director of Technical and Adm~nistratlve plan~lng sutz~ltted a written report of the City Manager relative to the matter of monetary support of the S~ar City Classic Virginia College All-Star Football Game on November 30, 1974, recc~m~ending that SIS,000.00 be appropriated to Advertising and Pro~otion of Eye'ts ~nder Section [476, 'Stadiu~ and Athletic Fleld,' of the 1974-75 budget, and that the City Manager be authorized to enter into a contractual agreement with the Cave Spring Jaycees, Incorporated· in the amount Of $20,000.00 for promotional purposes. (For full text, see report as filed in the clty Clerk's Office.) In this connection, the Roanoke Civic Center and S~adium Advlsory Commission submitted a wrltten report relative to said l~atter, advising that it is the unanimous opinion and reco~endation of the Comm/ssion that Council end the adm~nlstration should cooperate fully in this pro~ect and urging the appropriation of public funds, not to exceed $20,000.00, from the cltyts promotion accounts for such purposes· such monies to be returned to the city from gross recelpts reallzed from the gam~. (For full text· see report as filed in the city Clerk's Offic. e.} After a discussion of the reports, Hr. Thomas offered a proposed Ordinance appropriating $15,000.00 to Advertising and Promotion'of Events under Sectlon %476, WStadi~u~ and Athletic Field' of the 1974-75 budget. The motion was seconded by Hr. Trout. In a further dlscusslon of the matter, Dr. Taylor offered a substitute motlon that action on the ~tter be deferred until the next regular m~eting of Councll on Monday, Septe~ber 30, 1974, end t~at the Cave Spr~ng Jaycees, Incorporated, be requested to ascertain whether or not they would be willlng to participate in the cost of the Star City Classlc Virginia Collegiate All- Star Foothall G~ne on a matching fu~d basis. The ~otion was seconded by Hr. Lisk and adopted. TRAFFIC-SCHOOLS-POLICE DEPARTMENT: The Director of Technical and Adm~nistrative Planning submitted a written report of the City Manager relative to a request of the Hurt ~ark Elementary School Parent-Teacher Association for a school crossing guard, recommending that a school crossing guard be stationed' at the ~ntersection of Patterson Avenue and 15th Street, S. W. · and that $886.00 be appropriated for this purpose. (For full text, see report as filed tn the City Clerk*s Office.} ~'402 ~tr. l~out ~oved that Council concur in the recn~ndatiun of the City Hanager and offered the follo~/.ng emergency Ordinance appropriating ~886.00 to Salaries and Wages under Section ~345~ 'Police~= of the 1974-75 budget: ([21513) Al/ ORDINANCE to amend and reordain Section [345, 'Police,= of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Pa~e 139.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. L~sk, Taylor, Thomas, Trout and Hayor Webber ...... NAYS~ None ......................................................0. (Messrs. Garland and Hubard absent) ~TER DEPARTMENT: The Director of Technical and Adm~nistrative Planning su~xn~tted a written report of ~he City Manager advising that the city entered into a water line extension agre~nent with Mr. Billy H.. Branch, President, Branch and Associates, on August ?~ 1974, for the installation of approximately 320 feet of 8-inch water line in a private street to serve a new restaurant tn the vicinity of the ~ntersection of Interstate 581 and Route 117, that an acceptable deed of ease~nent has been received by the city and recn~-nding that Councll accept this proposed deed of easement. (For full text, see report as filed'in the City Clerkts Office.) Mr. Thomas moved that Council concur in the reco~n~ndation of the City Hanager and offered the following emergency Ordinance: (%21814) AR ORDINANCE authorizing the proper city officials to accept from Billy H. Branch, and others, and cause to be recorded, a deed donating a fifty (50} foot wide eas~ent to the city.for.water line extension purposes over certain real estatc belonging to said persons, in Roanoke County for the nominal consideration of Ten Dollars ($10.00)~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 139.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. L~sk and adopted by the following vote: AYES: Messrs. Lisk, Taylor, Thomas, Trout and Mayor Webber .....5. NAYS: None 0 (Messrs. Garland and Hubard absent) CITY ENGINEER: The Director of Technical and A~m~nistrative Plannlng submitted a written report of the City Manager concurring in the reco=nnendatton of a conm~[ttee that all bids received for a leaf loading machine be rejected since none of the bids meet specifications. ~tro Thomas moved that Council concur In the recordation of the City Hanageg and offered the follo~ng Resolution~ (t21825) A I~ESOLUTION reject.Lng all bids received for furnishing and delivering ~h~cee (3) nme leaf loading machines to the city~ and directing that the matter be readvertised for bids, (For full teat of Resolution~ see Resolution Book NO, 40, Page 140,) Mr. Thomas moved the adoption of the Resolution. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Lisk, Taylor~ Thomas, Trout and Mayor Webber ....... NAYS: Nons .......~ ..................... ~ ........................ 0. (Messrs. Garland and Hubard absent) FII~E DEPARTMENT-POLICE DEPARTMENT: The Director oE Technical and Adm~nistrative Planning submitted a written report Of the City Manager as to the status of personnel in the Police Department and the Fire Department for the month of AugUst, 1974~ advising that at the and of August, 1974, there were six vacancies in the Fire Department and there were four vacancies in the Police Department as of September l, 1974. Dr. Taylor moved that the report be received and filed. The motion was seconded by Mr. Trout and adopted. BUSES: The City Attorney submitted a written report advising of the steps required to make provision for represantation from the City Councll on the Board of Directors of Greater Roanoke Transit Company, advising that there are two ~thods available by which represantation of the City Council may be had on the present Board of Directors of Greater Roanoke Transit Company~ either by amendment of the by-laws so as to increase the number o£ members of the Board, and thus, make room for additional members, or by rel~lacement of one or more of the present members of the Board with members of the City Council, and that of the two methods, the former would appear preferable, leading to a larger and even more representative Board of Directors. (For full text, see report as filed in the C£ty Cl. erkls Office) After a discussion as to the twD methods available, Mr. Tho~s moved that the ~lty Attorney be instructed to take the necessary steps to call a meeting of the stockholders of Greater Roanoke Transit Con, any in order that this matter may be discussed and acted upon at the earllest posslble date. The motion was seconded by Mr. Lisk and adopted. STATE COI~PO~ATION COM~/SSION-BUSES: The City Attorney stetted a written report advising that there has bean served on the Mayor notice of application made by Abbott Bus Lines, Incorporated, to the State Corporation Con~n~sslon for.a Certificate of public ConvanIance and Necessity to operate a bus line for the transportation of passengers, baggage, newspapers, mail and 403 express over a route between New Castle and Roanokat via State Route 311, a public hearing on the application to be held In Rlchmondt VlrgInia~ on October 10~ 1974~ and that onlesa othez~lse directed by Council, no ap.pearance on behalf of the city at the aforesaid public hea~lng la deemed advisable or necessary. The City Attorney advised that since writing the above report a revised order has been received from the State Corporation Ccamission changing the route of service. Dr. Taylor moved that the report be received and filed. The motion was seconded by ~Lr. Llsk and adopted. AUDITS: The Director of Finance sulxnitted a financial report of the City of Roanoke for the month Of August, 1974. H~. Trout moved that the report be received and filed. The motion was seconded by Dr. Taylor and adopted. BUDGET-PUBLIC ITELFAP~: The Director of Finance submitted a monthly statement of expendit~tres for public welfare for the month ended August 1974. Hr. List moved that the statement be received and filed. The was seconded by Hr. Thomas and adopted. REPORTS OF TAXES.- The Revenue Study Conaniseion submitted a written report relative to the question of amendments to the Ordinance providing tax relief for elderly persons in accordance with amendments made in Section 58-760.1 of the Code of Virginia by Senate Dill No. 144, recomnending that Council ~und tile existing ordinance to conform to the increased limits of section 58-760.1 of the Code of Virginia, as follows: 1. The total combined income frc~ all sources of the owners of the d~elling living therein and Of the o~nerst relatives living in the d~elling ~ould not exceed $10,000.00 (compared to $6,000.00 in the existing Ordinance). 2. In addition, the first ~4,000.00 of the Income of each relative, other than the Spouse of the owner or o~nere living ~n the ~elling mould not be Included in the above income to,al. (No c~nparable provision is in the present Ordinance). 3. The combined net financial worth of the owners and of the spouse, excluding the value of the dwelling and land not exceeding one acre upon which the d~elling is situated, may not exceed $35,000.00 (presently $20,000.00). 4. The amendments should be effective as of January 1, 1975. (For full text, see report as filed in the City Clerk"s Office.) In this connection, a cc~m~enication from Hr. A. A. Akers, Chalrmanw AARP, relative tO the above reportv and expressing appreciation for the . rec~-dation con~ained therein, was before Council. The Dlrec~r of Plnance called attention to ~ha last page of report of ~e Revenue Study C~ssl~ ~d advised ~at ~e effachlve date should ~ ch~ged f~ J~ 1, 1974, to ~ 1, 1975. ~. ~ou2 ~ved ~a2 ~e re~rt ~ ~ded to provide ~at ~e effective ~tebe ch~ged fr~ J~ua~ 1, 1974, to J~ua~ 1, 1975. moti~ was seceded by ~. ~sk and adopted. ~. ~s ~ved ~at ~e re,Et ~ refe~ to ~e City Atto~ey for preparation of ~e proper ~as~e by ~e next regular ~etlng of Co~cil on ~nday, Septet 30, 1974. The ~tton was seconded by'~. ~out ~d adopted. ~INISH~ BUSI~SS: NO~. ~NSIDE~TION OF C~ I~RODU~ION ~ CONSIDE~TION OF O~I~CES ~D ~SO~IONS~ ACTS OF AC~~T-CI~ C~: Co~c~l having d~ected ~e CSty Atto~e~ 2o p~epare ~e proper meas~e rec~izing ~e con~ibutions ~de to ~e City of Ro~oke by Hiss Virginia L. Sha~ ~h$1e seeing as City Clerk, and ex~end[ng 2o H~ss Sha~ ~e appreciation o[ Co~cll fo~ ~ose con- ~r~bu~[ons, he pre~ented ~ ~hereupon, ~. ~ouk offered ~e Resolution: ([21816) A ~SO~ION relating ko ~e Honor~le VIRGINIA L. [o~er C[2~ Clerk off ~e C[t~ off (For full ~ of Resolu~on, see Resolution B~k No. 40, Page ~. ~ou~ ~ved ~e adoption of ~e Resolution. The mot$on seconded by Dr. Taylor and adopted by ~e following A~S: Hessrs. Lisk,~Taylor~ Th~s, Trout ~d ~yor Webber ..... ~YS ~ None ..................................................... 0 (Messrs. Garl~d ~d H~ard ~sent) A~S OF A~~-BUI~ING DEP~-H~SING-SL~ Cocci1 having d~rected ~e C~ty Atto~ey to prepare ~e proper meas~e co~nd- ~ng ~. ~w[s G. ~f~[ch for h~s years of se~ce as Co~ss[oner of Buildings, as~ m~er of ~e City's Fair Housing Board ~d in h~s varied activities in ~e Bui~d~g Official Congress o~ ~rica' ~d ~e Sou~ern St~rd Bu~Iding C~e Congress, he presented s~' whereup~, ~. ~out offered ~e following Resolu~on = ($2~8~}' A ~O~ION rel~g to ~e H~or~le ~S G~RY ~, foyer C~{ss[~er of Build~ngs of ~e C[~of ~oke. {For ~ull t~t of Resolution, see.Resolution Book No. 40, Page 141.) ~. ~out moved ~e adop~on of ~e Resolution. The ~t~on was seconded by ~. ~sk ~d adopted by ~e following vote= AYe= Messrs. L~sk, Taylor~ Tho~s, ~out ~d ~yor Weber ...... 5. ~YS= None 0 (Messrs. Garl~d ~d H~ard ~s~t) 405 ACTS OF ACKNOW~EDGEHEN~-CELEBRATIONS.~ . Dr~ TayLor offered the follow/ag Resolution accepting ~e d~ati~ of a~. Blc~lal. Flag fz~ fo~ ~aptezs In ~e City o~ ~e o~ ~e Daughte=s of ~e Revolutl~ (J21818). A ~SO~TI~ accept~g ~e d~atl~ of a Blcente~lal Flag f~ ~e fo~ ~apters In ~e City of Ro~oke O~ ~e Daughters of ~e ~e~lc~ Revolution · (For full tex~ of Resolution, see Resolution ~k No.-40~ Page 142.) Dr. Taylor ~ved ~e adop~on of ~e Resolution. ~e ~1~ ~as seconded by ~. L~sk ~d adopbed by ~e foll~[n~ vo2e= AY~t Hessrs. L~sk~ Taylor, Th~s, ~out ~d ~yor Weber .... ~YS = None ..................................................... (~essrs. Garl~ ~ H~ard absent) BU~E~S-POL[~ D~P~T= ~. ~out offere~ ~e ~o11~[ng ~erg~ Ordinance appropr[at~g $[,926.0~ to, '~al Cash ~tch, Gr~t %74-A2373, Police. Training Pr~r~,' of ~e 1974-75 Gr~t Progr~ Accost. (%21819) ~ O~[N~ to appropriate to ~e City of ~oke*s Grant Pr~r~ Acco~t~ ~d providing for ~ ~rgen~. (For ~u[l text of Ord[n~ce, see Ord[n~ce Book No. 40, Page 143.} ~. ~out ~ve~ ~e a~opt[on of ~e Ordnance. The ~t[on was secon~e~ by ~. ~sk ~G adopte~ by ~e following vote: A~= Messrs. L[sk~ Taylor, Th~s~ ~out and ~yor Webber ..... ~YS=' None ............ -~ ....................................... 0. (Messrs. Garl~ ~a H~ard absent) . ~P~CH[~ PO~R CO~-STA~ C0~0~TION C~SS[ON= The City Atto~ey s~tte~ a ~[tt~ report tran~tt~g copy of a notice of ~e fo~l appl[ca~on of Appalach[~ Power C~y to apply for a 44.7 .per cent s~charge on all b~lls for electricity use~ ~ ~d after ~tober 1, 1974, as an ~erg~cy rate ~crease and prior to a c~lete investigation ~d re~lar p~l~c hear~gs ~fore ~e S~te Co~oration C~ss[on, adv[s~g ~at a special one day he~ng before ~e C~ss[on ~n ~c~n~, Virginia, has been set for Oc~r 7, 1974, to dete~e whe~er or not ~e 44.7 per c~t ~erg~ rate increase should ~ pe~tted, ~, if [t.ls dete~e~ ~at ~ ~erg~ exists, ~e s~ch~ge will be place~ ~to effect ~til ~e Co--ss[on has con~ucte~ a full [nvestigatlon, hel~ p~lic hearings ~ reache~ a decision as to what'rates ~ ch~ges shoul~ be f~ally set by ~e ~ss[on, ~at by or,er of ~e C~ss[on [nte~enors an~ m~ers of ~e g~eral p~lic ~y s~t to ~e C~ss[on at ~y t~ prior to ~tober 7, ~[tt~ s~t~ supporting ~e[r positions as to ~e propose~ s~charge an~ tr~s~tting ~ Ord~ce for ~e consideration of ~c[[ ~ filing wi~ ~e S~te Co~rati~ C~ssion. (For full text~ see report as filed In the City Clerk's Office.) Hr. Thc~as offered the following Resolution relative to the hatter: (J21520) A RESOLUTION addressed to ~e S~te Co~ration C~ssioa relative ~ Appa~chl~ P~er C~yts applica~ ~or au~ority ~ ~se a s~ch~ge o~ 44.7 per C~t ~ ~ ~s~c rates ch~ged cust~rs elec~lc 8e~ce. (For full text of ~solut~on, see R~solut~on ~k No. 40, Page 144.) ~. ~s ~ved ~e adoption of ~e Resolution. ~e ~tion was seconded by ~. ~out ~d adopted by ~ roll,lng vote: AYESz Messrs. L~sk~ Taylor~ Th~s, Trout ~d ~yor Weber ........ ~YS~ None ........................................................ 0. (Messrs. Garland ~d H~ard ~s~t) H~ION5 ~D ~SC~S BUSI~S~ CI~ C~ ~yor W~r called to ~e att~t~on o[ CO~C~I ~at ~ere ~s a vacancy ~n ~e ~[ty Clerk*s O[flce due to ~e resignation of ~ss V~rg~a L. Shaw for a te~ ending Sept~er 30, ~974. ~. ~s moved ~at Co~c[l recess ~e meeting ~d meet ~n ~ecu~ve Session to discuss ~e ~tter. The ~tio~ was seconded by ~. L~sk and adopted by ~e ~ollow~ng vote: A~: Messrs. L~sk~ Taylor, ~s~ Trout and ~yor Webber ....... ~YS~ None ....................................................... 0. (Messrs. Garl~d and H~ard absent) At 2:50 p.m., Co~c~l reconv~ed w[~ al[ five m~ers present ~d ~yor Weber presiding. ~. Tho~s placed ~ n~nat~on ~e n~e o[ ~s. ~ F. Parker to fill ~e ~e~ired te~ of ~ss V~rg~[a L. Shaw, res[~ed, ~g[~g Sept~er 16, 1974, ~d ~g Septet 30, 1974. There being no f~er n~nat~ons, ~s. ~ F. Parker was elected as City Clerk of ~e City of ~oke to fill ~e ~e~[red te~ of ~ss V~rgin[a L. Shaw, res[~ed, beg[~[ng Sept~er 16, 1974, ~d Sept~er 30, 1974, by ~e [o11~g vote= FOR ~. P~= Messrs. Li~k, Taylor, Th~s, ~out ~d ~yor Webber ................................................................... ~. (Messrs. Garl~d ~d H~ara ~s~t) O~R ~NGS OF CITIES= CO~S-HOUSING-S~ C~ ~s. H~r~et~ Covington, 115 Wells Argue, N. W., appeared before Cocci1 ~d advised ~at ~e f~ace in her h~e on Wells Argue is OUt of order ~d has be~ for one and one-half y~ars, ~at ~e [and~or~ w~ not do ~y~ng about ~e s~t~t~o~ ~d re~ested assis~nce f~m ~c[1 ~n resolv~g ~e ~tter. Nayor Webber informed Rra. Covington that Council has no 'lurisdiction in the ~atter, that it Is something she viii have to take up with her landlord and requested that the City Attorney discuss the situation vlth Kra. Covington at the end of the Council ~eetin~. There being no £u~ther business~ Hayor webber declared the ~eeting adjourned. ATTEST: City Clerk APPROVED II COUNCIL~ IU~GULAR MEETING, Monday, September 30, 1974. The Council of the City of Roanoke met in regular meeting in Room 159 of the Municipal Building, Monday, September 30, 1974, at 7:30 p.m., with Hayor Roy n. webber presiding. FI~ESENT: CounciLmen Robert A. Garland, William S. Hubard, Daivd Lisk, Hoel C. Taylor, K~mpton M. Thc~as, James O. Trout and Hayor Roy L. Webber ....................................... ?. ABSENTI Hone ...................... OFFICERS pRESENT: H~. B~ron E. Haner, City Hanager! H~. Sam Ho McGhee, III, Assistant City Manager; Mr. James N. Klncanon, City Attorney; Mr. H. Ben Jones, Jr., Assistant City Attorney; Mr. A. N. Gibson, Director of Finance; and Mrs. Ma~y F. Parker, City Clerk. INVOCATION: The ~eting was opened with a prayer by Dr. Noel C. Taylor, Vice-Mayor. MINUTES: Copy of th~ minutes of the 'regular meeting held on Honday, September 23, 1974, havi}lg been furnished each ~_mber of Council on motion of Mr. Trout, seconded by ~tr. Lisk and unani~ously adopted, the reading thereof was dispensed with and the minutes approved as recorded. CIT~ GOVERRM~NT: Mr. Lisk introduced Miss para Kerns and Miss Vance who presented the Mayor and ~lembers of Council with plagues which were received at the International Sister City Convention held in Phoenix, Arizona, during the week Of September 17 - 21, 1974, in recognition of the outstanding prograza between the Sister City of Wonju, Korea, and the City of Roanoke. Mayor webber expressed appreciation for the plagues on behalf of Council and advised that they will be placed in an appropriate location with the other Won~u gifts a~d exhibits. H~.~RING OF CITIZENS UPON PUBLIC MATTERS: REGIONAL JA~L-TRAFFIC: Pursuant to notice of advertisement for bids for the lease operation of an off-street parking lot at 323 Church Avenue, S. W., said proposals to be received by the City Clerk until 2 p.m. Monday, September 30, 1974, and to be opened at ?:30 p.m., before Council on that date, Mayor webber asked if anyone had any questions about the advertis~mmnt for bids and no representative present raising any question, the Mayor instructed the city Clerk to proceed with the opening of the bids; whereupon, the City Clerk reported that only one bid had been received on the item. Mr. Lisk moved that the bid be received and opened. The ~)tion was seconded by Mr. Trout and unanimously adopted. 410, The City Clerk opened and read ~he one bid received £ro~ J & S parking Companyf Tnco~oratedt ~n ~he amOunt o~ 4lt. ~, ~s ~ved ~at ~e bid ~ referred 2o a c~ittee to ~ ap~nted b~ ~e ~yor for study, re~ ~d ~ec~v~tion to Co~cll, ~e ~t~on vas seconded b~ ~, ~ouh ~d ~an~usl~ adopted. ~yoF ~e~ ap~lnted Hessrs. S~ H. ~Ghee, III, Chal~ ~cha~d B. ~ln ~d B. B, ~son as ~a o~ ~e c~ttee. ZONING~ CO~Cil having set a p~lic hearing for 7~30 p.m.~ Monday, Septet 30, 1974~ on ~e r~est of ~. R. ~a~e ~ot~ ~at a parcel of land con~ln~g approx~tely 1.043 acre~ Official Tax NO. 2480149~ 1~ated ~ ~e sou~westerly side of ~e 2800 block of Hers~rger Road, N. W. ~ west of ~e intersection of Inters~te ~ute 581 r~, ~ rezoned from ~-3~ Single- F~ly Resid~tial Dis~lct, to C-2, G~eral C~rclal Distrtct~ ~e ~tter was ~fore ~e ~y. In ~is co~ection, ~e City Pla~ing Co~ssion s~tted a ~itten report rec~ending ~at ~e request ~ approved. (For full text, see report as filed in ~e City Clerk's Office.} ~. W. H. Fral~, Attorney, repres~ting ~e petitioner, appeared ~fore Cocci1 in sup~rt of ~e r~uest of ~s client. No one appearing in opposition to ~e re~est for rezonlng, ~out moved ~at ~e foll~ing Ordin~ce ~ placed u~n its first read,g= (%21821) ~ O~I~ to ~nd Title ~, ~apter 4.1, Section of The C~e of ~e City of Roanoke, 1956~ as ~nded, and Sheet No. 248, Sectional 1966 Zone ~p, City of Roanoke, in relation to Zoning. (For full text of Ordin~ce, see Ordinance ~ok No. 40, Page 166.) The motion was seconded by ~. Lisk and adopted by ~e following vote: AYe: Messrs. Garl~d~ H~ard, Lisk~ Taylor, ~o~s, Trout ~yor W~ber ............................... ~YS: None ...................... 0. ST~TS ~D ~YS= Cocci1 having set a p~lic hearing for 7:30 p.m., Monday, Sept~er 30, 1974, on ~e request of Te~nal War~ouse ~ora~on and ~. R. D. Echols, et ~., ~at ~at portion of ~e 2000 block of Shenand~h Valley Avenue, N. E., adjac~t to ~ts 4, 5, 6 and 7, Bl~k ~d also, adjac~t to ~ts 1, 2, 3 ~d 4, Bl~k 9, ~el Terrace, be vacated, disc~tinued ~d closed, ~e ~tter was ~fore ~e ~y. In ~is co~ec~, ~e City Pl~ing'C~ssion s~tted a ~itten report reco~d~g ~at ~e request be approved. ~e viewers appointed to view ~e s~eet s~tted a ~itt~ report advis~g ~at ~ey have viewed ~e portion of ~e s~eet in question and [i 1i (% (% II neighboring property and they a~e unan/~ously of the opinion ~at no lnconv~l~ce ~uld result ~ ~y lnd~vid~l fr~ vaca~g~ d~sc~tinu~ ~d closing ~. R. ~ R~h~ A~o~e~ ~ep~esen~g ~e ~titl~ers~ ap~ared be~o~e ~cil ~n s~ o~ ~e E~es~ o~ h~s No ~e ap~ar~q ~n op~s~tion to ~e Ee~es2 to vacate; discon~ue - ~d close ~e ~2~ of ~e s~eet, ~. ~s ~ved ~a2 ~e roll.lng Ordinance ~ placed upon ~ f~rst read~g~ (~21822) ~ O~ ~tly vacat~g an~ clos~g ~rt~on o~ ~e 2000 bl~k of Shen~do~ Valley Avenue, N. E.~ 100 feet in Bilk 9, o~ ~e ~p o~ ~el Terrace~ lying sou~ of K~ter Roa~. (For full text o~ Or,in,ce, s~e Ordin~c~ B~k No. 40, Page 167.) ~e ~t~on was secon~e~ by ~. ~out ~ a~te~ by ~e foll~ng AYES= Hessrs. GarliC, H~ar~, Lisk, Taylor, ~o~s, Trout an~ ~yor Weber ............................ 7. ~YS = Non~ ...................0. ZONING~ Co~c~l hav~ng set a p~l~c hearing for 7=30 p.m., Hon~ay, Septet 30, 1974, on ~e re~est of I~. ~llie Joe F~el~s ~at p~operty locate~ ~n ~e 1400 bilk of Peters Creek ~ad, N. W. ~ ~escr~ as parts of ~ts 4 ~ 5, Peters Creek ~p, Official T~ Nos. 2770108~ 2770109, 2770110 ~ 277011~, ~ rezone~ fr~ C-1, Off,ca ~ lnstitut~onal D~strict, to ~neral C~erc~al Dish,ct, ~e ~tter was ~fore ~e ~y. In ~is co~ect~on, ~e C~ty Pl~g C~ssion s~tte~ a report rec~end~ng ~at ~e re,est ~ gr~te~. (For full-t~t, see report as file~ ~ ~e C~ty Clerk's Off~ce.) ~. B. K. C~ey, Atto~ey~ repres~t~g ~e pet~t~oner~ ap~are~ ~fore Co~c~l ~n sup~rt of ~e re~est of h~s cl~t. No one appea=~ng ~ oppos~tlon to ~ r~est for rezon~g, Trout ~ve~ ~at ~e foll~ng Or~ce ~ place~ u~n ~ f~rst reading= (~21823) ~ O~I~ to ~n~ T~t~e ~, ~pter 4.1~ Section 2, of ~e Co~e of ~e City of ~oka, 1956, as ~n~e~, ~ Sheet No. Sectional 1966 Z~e ~p, C~ty of Ro~oke, ~ relation to Zon~g. (For full text of Ord~ce~ see Or~ce B~k No. 40, Page 169.} ~e ~tlon was secon~e~ by Dr. Taylor ~d a~opted by ~e follow~g AYe= Messrs. GarliC, H~ard, ~sk, Taylor, Th~s, Trout an~ ~yor Webber ............................. 7. NAYS = None ..................... 0- 411 :4 2 ZOHII~3: Council having set a public he~lng Jot 7z30 p.m.~ Sep~r 30~ X974~ on ~e re~e8~ o~ ~; L. S. ~al~op ~a~ p~o~t~ l~a~ed In ~e 1400 bilk of Pete~8 C~eek ~ad, a. ~., descr~d as ~ts,l ~d Official Tax N0s. 2770106 ~d 2770107, Peters C~e~ ~p~ ~ rezoned C-l, Office ~d Instltu~al Dls~lct~ to C-2~ ~al Co~zclal Dis~ict~ ~e ~tter Vas ~fore ~e In ~ls c~ec~oh, ~e Clt~ Piing C~ssion ~-~JtLed re.fL Eec~nd~g ~at ~e ze~es~ ~ approved. [For full t~t~ see re~t as filed In ~e City Clerkts ~o one ap~ing In opposition to ~e re~es~ for r~zoning~ Th~s ~ved ~at ~e follov~g Ord~e ~ placed u~n its first ~eadlngi (J21824) ~ O~IN~ to ~d Title ~, C~pter 4.1, Section The C~e oi ~e City oi ~oke, 1956, as ~ded, ~d Sheet No. 277, Sectional 1966 Zone ~p, City o[ Ro~oke, tn ~elation to Zoning. (For full texk of Ordinance, see Ordin~ce B~k ~o. 40, Pape The ~21on ~as seconded by ~. ~rou~ ~d adopted by ~e foll~ing AYe: Hetszs. Garl~d, H~ard~ Lisk~ Taylor~ Th~s; T~ou2 and ~yor Web~ ................................. 7. ~YS: N~e ........................ 0. Beard oi Directors, Ro~oke ~eig~o~h~ ~li~ce, appea~ed ~fore Co~cil ~d p~es~Led a p~ep~ed s~t~2 advis~g ~at for ~e last ~ years, ~e Roanoke Neig~rho~ Alli~ce has ~ a catalyst for ch~ge ~d ~rov~n~ in ~e 1~ inc~e, older, less s~le neip~rh~ of ~e city, ~aL ~rough l~al residents, it has s~ulated ~e ~d~ous capacity people ~o help ~elves and upprade ~ei~ lives, ~a2 up to ~e present t~e ~e ~ has received ~e preponder~ce of i~ ~ds from ~e C~ai~ for H~ ~velop~k, a nationa~ ~olic charity p~o~ec~ ~d i~ had been ho~d ~a2 such i~d~g ~uld cont~ue for a ~rd ~d final year; h~eve~ such has no~ proved ~o ~ ~e c~se, ~us~ ~e ~A is [aced ~ ~ediate crisis off exis~ce to [~d altemative so~ces off oz ~o cease as an org~izati~ w~ ~ works only ~-~irds c~leted, ~at ~t ~s ~e feeling of ~e ~ ~at ~t is ~n ~e ~s~ interest oE citiz~s of Ro~oke ~at ~e progr~ of ~e ~ ~ cont~uea ~a ~at it wou1~ ~ a saa ev~t if all of ~e ~ves~nt of t~, ~ney ~ ~er~ over ~e last two ye~s were al~e~ to w~er, ~us, ~e ~ ~s re~est~g ~ appropr~a- ~on of $19,230.00, ~g one-half of ~e es~{m~te~ ~se of a ~r~ year of opera.on, ~at it has long ~ ~t~c~pate~ ~at at ~e ~a of ~ts yea= ~e central s~ot~e o~ ~A shou1~ ~esolve away ~to ~d~v~aual self- su~ort~g aZZocat~ons ~d no f~er re.est for c~ty f~ds are to e~ectea, ~e present request berg viewed as a one-~ appropriation. ApProximately thirty people yore in attendance at the Council meet- lng in support of the request of the Roanoke Neighborhood Al/lance, Hr. ~,lsk suggested the% Counoil should refor bask to a previous rec~endatl~n of Dr. Taylor that Co=nail take a look at ~ts revenue sharing ~nies and establish pr~orlties of allocating s~e of these funds for human service needs. After a discussion of the matter, Hr. Trout moved that Council concur in the request of the Roanoke Neigl~borhood Alliance end that the matter be referred to the City Attorney for preparation of the necessary papers by the next regular meeting of council on Monday, October ?, 1974. The motion was secunded by Hr. Garland and unani~ously adopted. Dr. Taylor moved that Council meet as a co~ttee of the whole ~mnediately following tho regular meeting Of Council on Monday, October 1974, for the purpose Of looking at the spending of the revenue sharing funds, to determine where the money is going end to make a decision as to what would be a fair share for social program~. The motion was seconded by Mr. Trout end unanLmously adopted. PETITIONS. AND COMMUNICATIONS: BUDGET-SCHOOLS: A oc~uaunicatton from the Roanoke City School Board requesting that $29,375.00 be appropriated to 'Schools - Urban Rural Carryover,' under Section %4?000 Of the 1974~75 budget of the Roanoke City School ~oard, to provide funds to be used to pay the ~alary of sixty teachers aides for a part of the regular winter Title ! Program, 10Q per cent of actual expenditures to be reimbursed by Title I, P. L.' 89-10 funds, before council. Mr. Trout moved that Council concur in th~ request of th~ Roanoke City SchoOl Board a~d offere~ ~ following emergen=y (~21825) AR ORDINANC~ to am~"4 and reOrda~ S~ction' ~4?Q~O, Urban Rural Carryover," Of th~ 1974~75 Appro~riatlon' Ord/nance',' an~ providing for an eme~guncy. (For full text of Ordinance, see Ordinance Book No. 40, Page 145.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. NAYs: None .......-' ............. 0. MUSEUMS: A communication from Hr. D. Rae Carpenter, Jr., Chairman, Board of Trustees, The Science Museum of Virginia, advising that the Science Museum Board approved the land offered by the City of Roanoke On Yellow Mountain Road as the site of the Western Division, sebject to receipt of per~ission fro~ ParL~ay officials to access the site fro~ the ~11 Sp~ ~d e~ross~g app~ecAatl~ to Co~cil foe ~e d~at~on of ~. ~s ~ved ~ab ~e c~lcatl~ ~ received ~d f~led. ~e ~21~ ~as seceded b~ ~. T~ou2 ~d.~usl~ adopbed. DEPOSI~ A c~cation f~ ~* ~* Albert Ellett, Atto~e~, ~ep~esent~g Fl~s2 V~rg~a B~ of Ro~oke Valley, r~e~ng a previous re.es2 ~a~ Flrs~ VirgUle ~ o~ ~o~oke Valle~ ~ des~ated as a deposito~ for p~llc ~ies o~ ~e City of ~oke .p~ov~ded fo~ ~n Title V, Chapter 3, Section 1, of The C~e of ~e City of ~oke~ 1956, as ~nded, was ~fore Co~cil. The Director of Fin~ce suggested ~t ~is c~cation referred jointly to ~e c~ty Atto~ey ~d ~ Director of F~ce for pu~se of s~tting a re~rt to Cocci1 as to a ~re orderly ~ of h~dling ~e ~tter. ~. L~sk ~ved ~at ~e co~ica~on ~ referred to ~e Director of Finance ~d ~e City Atto~ay for study ~d report to Cocci1. ~tion was secondea by ~. Trout ~d ~i~usly adopted. B~ET~S-~B~ES= The City ~ager s~tted a ~itten re~rt advis~g ~at ~e Ro~oke P~lic Libra~ has a total of $27,529.00 available from State Aid Grits ~at are 100 per c~t recoverable, ~at ~ese ~ds are in ~c~ond, Virginia, ~d are not In ~e c~r~t libra~ budget, ~at in order to obtain ~ese f~ds, ~ey must ~ appropriated first to ~e libra~ budget ~d deposited to cer~n object c~es wi~in said budget ~d reco~-dlng ~at ~e $27,529.00 ~ appropriated to ~e Ro~oke ~lic L[bra~ Board. Dr. Taylor ~ved ~at Co~cll conc~ ~ ~e re~rt of ~e City ~ager ~d offered ~e fo~l~g ~erg~ Ord~ce appropriating $350.00 to ~n~act~l Se~ices, $10,209~00 to Supplies ~d ~ter~als, $I,200.00 O~er Equ~t, and $15,770.00 to Vehicular E~ip~nt ~der Section %480, 'Libraries,' of ~e 1974-75 budget: ($21826) ~ O~l~ to ~d ~d reordain Sec~on S480, =~brar~es, of ~e 1974-75 Appropria~ Ordin~ce, ~d providing for ~ ~rgen~. (For full text of Ordinate, see Ord~c2 ~ok No. 40, Page 146.) seconded by ~. Lisk ~d adopted by ~e fo11~ing vote= ~yor W~r .............................. BUDGET-RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: The City Manager suk~ni2ted a written report advising that since July 1, 1974, the Department Of Parks alld Recreation has deposited $1,031.00 into the General Fund that was Collected fr~ tennis fees and reqtlesting that this amount be appropriated to Supplies and Materials under Section %475, 'Parks and Recreation,' of the 1974-75 budget. Hr. Trout moved that Council concur in the report of the City Manager and offered the following emergency Ordinunce: (%21827) AN ORDINANCE to amend and reordain Section %4?5, 'Parks and Recreation,= of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 146.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Llsk and adopted by the following vote: AYES: Messrs. Garland, Hubard', Lisk, Taylor, Thomas, Trout and Mayor Webber ................................. NAYS ~ None ........................ 0. BU~G~'-T-GRAN%~-COMMONWEALTH'S ATTOP~NEY: T~ City Manager su~mitted a written report requesting that the City Manager be authorized to execute the appropriate forms for acceptance of Law Enforcement Action Grant No. 74-A2490, IBM Memory Typewriter for the Office of the Co~nwealth's Attorney, the total amount of the grant being $1,980.00, with $1,782.00 coming from federal funds, $99.00 from DJCP General Funds and $99.00 provided locally in cash match. Mr. Lisk moved that Council concur in the report of the City Manager and offered the following e~ergency Ordinance appropriating $1,980.00 to IBM Me mory Type~lter under the 1974-75 Grant Progra~ Account: (%21828) AN ORD~NA/~CE to appropriate to the City of Roanoke's 1974-75 Grant Program Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 4~, Page ~[r. Lisk moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... ?. NAYS: None ....................0. Mr. Lisk then offered the following Resolution authorizing the acceptance, execution and filing of the grant: (%21829) A P~ESOLUTION authorizing the acceptance, execution, and filing of the "Special Conditions for Action Grant Awards" with the Division of Justice and Crime Prevention for an action grant of Federal funds to allow the Com~onwealth's Attorney's Office to rant an IBM Memory t~pewriter for one year. (For full text o£ ResolutXon, see ResolutLon Book No. 40, Page 147.) ~. r.tek z~oved the adoption of the Resolution. 'l~ne ~otion vas seconded by Dr. Taylor and adopted by the follovLng vote~ AYES~ Messrs. Garla~d~ Hubard~ L~sk~ Taylor~ Thomas, Trout and Mayor Webber ............................... ?. NAYS~ None ...................... BUDgET-CIRCUIT COURT-GP~,NTS~ The City Manager submitted a written report reconm~ndLng that the City Manager be authorized to execute the appro- priate forms for acceptance of a Court EqUip~ent Grant for the Circuit Court for the purpose of purchasing dictaphone equipment, the total amount of the grant being $2~400.00, with $2~280.00 c~m~ng from the Supreme Court of Virginia and $120.09 to be provided locally in cash match. Mr. Trout moved that Council concur in the report Of the City Manager and offered the following emergency Ordinance transferring $120.00 from Office Furniture and Equipment to Local Cash Match under Section S116, 'Circuit Court,' of the 1974-75 budget= (%21830) AN ORDINANCE to amend and reordain Section $116, 'Circuit Court," of the 1974-75 Appropriation Ordinance, and providing for an (For full text Of Ordinance, see Ordinance Book No. 40, Page 148.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the followLng vote: AYES= Messrs. Garland, Hubard~ Lisk, Taylor, Thomas, Trout and Mayor Webber ................................... ?. NAYS: None ..........................0. Mr. Trout offered the following emergency Ordinance appropriating $2,400.00 to Court Equipment u~der the 1974-75 Grant Progra~ Account= ($21831) AN ORDINANCE to amend and reordatn the 1974-75 Grant Pro- gram Account, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 40, Page 149.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the followlng vote= AYES: Messrs. Garland, Hubard, Lisk~ Taylor~ Thomas~ Trout and Mayor Webber ................................... ?. NAYS: None ..........................0. Mr. Thomas offered the following Resolutlon authorizing acceptance, execution and filing of the grant= (%21832) A RESOLUTION authorizing the acceptal~ce, execution, and filing of the necessary waiver with the Supreme Court of Virginia for an action grant of federal funds adm/nistered by the Supre~e court of Virginia to purchase dictaphone equipment for the Circuit Court of the City Of Roanoke. (For full text of Resolution, s~e Resolution Book No. 40, Page 150o) ~ro Thomas ~oved the adoptl~ of ~e ~solution. The ~tl~ seconded b~ ~. ~sk ~d adopted ~ ~e roll.lng AY~ ~ssr8. Garl~ H~d~ ~sk, Taylor~ ~s, Trout ~d ~yor Weber ....................................... ~YS ~ N~e .................... ~ ......... 0. ~R D~T: ~e City ~ager s~tted a ~ltten re~rt advis~g ~at ~e cLty has received ~ oiler fr~ ~y A. ~ ~ ~e~ N. Thu~ to sell to ~e City o~ Ro~oke ~e water s~st~ ~ey n~ o~ In ~e v~c[n[ty of Cove ~ad~ N. W., v~z~ R~kl~d Co~t~ Cove ~ad Water ~o~y and Covehaven ~t Water ~y~ lnco~rated, for ~e to~l price of $23,340.00, ~d ~nd[ng ~at ~e c~ty accept ~s oEfer ~d ~nst~ct ~e C~ty Atto~ey to prepare ~e necessa~ legal doc~ts. (For full text, see report as fAled ~n ~e City Clerkts Office.) ~. ~o~s ~ved ~at Co~c~[ conc~ in ~e re~rt o~ ~e C~ty ~ager and o[fered ~e foll~ng ~erg~cy (~2~833) ~ O~I~CE au~orlz~ng ~e cltyts purchase from Roy Thu~ and The~ N. Th~, hushed ~d wife, Cove Road Water Inco~rat~ and ~ovehaven Co~t Water C~y, Inco~orate~, o[ private water syst~ located adjac~t to Cove ~ad ~n ~oke Co~ty, upon certain ~e~ and cond[t~ons~ ~d providing for ~ (For full t~t of Ord[n~ce, see Ord[n~ce ~k No. 40, Page ~. Tho~s ~ved ~e adoption of ~e Ord[n~ce. The ~t[on was seconded by ~. Trout ~d adopted By ~e foll~g vote: AYES: Messrs. Garl~d, H~ard~ L~sk~ Taylor, Tho~s~ Trout ~d ~yor Webber ............................. NAYS: None ....................0. S~-~P~I~ PO~R CO~= ~e City ~ager s~tted writt~ report adv~s~g ~at Appalach~ Po~r C~y has re~ested a right of way across school property in order to ~stall elec~[c p~er se~ce to ~rogerly se~e ~e new addition to ~e Pa~ H~ High School ~d recom- M~d~g ~at Cocci1 approve ~[s request. ~. Lisk ~ved ~at Co~c~l conc~ ~ ~e report of ~e C~ty ~ager ~d ~at ~e fo11~ng Ordinate be placed u~n ~ts f~rst reading: (J21834) ~ O~IN~ au~oriz~g and ~[rect~g ~e proper city officials to execute ~d del~ver a deed of eas~t to ~e Ap~alach~ Power Comply. (For full text of Ordinate, see Ord~ce B~k No. 40, Page 171.) The ~t~on was seconded by ~. Garl~d ~d adopted by ~e following vote = 4.17 AYBSI Messrs. Garlandt Bubardt Lisk, Taylor~ Th~a8, Trout and Mayor Webber .............................. ?. NAYS~ None .....................0. EQUIPmENT-CITY ENGINEER: The City ~banager submitted a written report concurring in the reeom~en~ation of a committee that the proposal of Mun~clpa! Street Sign Company for street sig~ posts, in the amount of $10,155.00, be accepted. (For full text, see report as filed in the City Clerkts Hr. Trout moved that Council concur in the report of the City Manager and offered the following emergen~' Ordinance= (J21835} AR OP~INANCE accepting & certain proposal for channel type steel s~gn posts to the city, and authorizing the issuance of a purchase order therefor~ rejecting certain other bids~ and providing for an ez~erge~cy. (For full text Of Ordinance, see Ordinance ~ook No. 40, Page 152.) Hr. Trout moved the adoption Of the Ordinance. The motion was seconded by Hr. Lisk and adgpted by the following vote= AYES= }4easts. Garland~ Hubard, Llsk, Taylor~ Thomas~ Trout and Mayor Webber ................................ ?. NAYS= None ........................ 0. EQUIPM~/~T-CITY ENGINEER: The City Manager submitted a written report concurring in the rec~ondation of a committee that the proposal of Motorola~ ~ncor~orated, for various types of two-way radios and battery chargers, in the amount of $49,193.00, be accepted. {For full text, see report as filed in the City Clerk's Office.) Hr. Thomas moved that Council concur in the report Of the City Manager and offered the following emergency Ordinance~ (%21836) AR ORDINANCE providing for the city's purchase of new two- way radios and battery chargers for use by the oity, upon certain terms and conditions~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 153.) Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote~ AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor webber ...............................?. NAYS= None ........................ 0. EQUIpMENT-CITY ENGINEER: The Clty Manager submitted a written report concurring in a re¢o~endation of a committee that the proposal of Carter Machinery Company, Incorporated, for a motor grader, be rejected, since the proposal exceeds funds available in the budget for the p~rchase of this machine, said equipment to be readvertised at a ~ater date. IJ (For full text, see report as filed in the City Clerk's Office.) Hr. Thomas moved that Council concur in the report of the City Hanager and offexed the following Resolutions ([21837) A I~ESOLUTION rejecting the only bld received for fu~nishing and delivering one new rubber tired motor grader to the city, and directing that the matter be readvertieed for bids. (For full text of Resolution, see Resolution Book No. 40, Page 155.) Hr. Thomas moved the adoption of the Resolution. Tho motion was seconded by Hr. Trout and adopted by the following Vote:' AYES: Hessrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayor Webber ................................ ?. NAYS: None ....................... 0. BUSES: The City Attorney sutm~ttted a written report transm~tting notice of a special meeting of the stockholders of Greater Roanoke Transit Company called to be held on the .evening of September 30, 1974, ~-~diately followlng adjournment of the meeting of City Council, advising that the City of Roanoke, at the present t~me, is the sole stockholder of the corporation, that yrovision should be made as to the ~anner in which ~he City of Roanoke's five shares cE stock be voted at a stockholders meeting, transmitting a Resolu- tion which would authorize a ~ajority o~ the ~e-rs of Council, includlng the Hayor, attending any meeting of the stockholders of Greater Roanoke Transit Company to Vote the five shares of stock owned by the City Of Roanoke in the corporation and to act un behalf o~ the City of P~anoke, as stockholder, in any other matter wherein the action of that stockholder may he required or he in order. (For full text, see report as filed in the City Clerk*s Office.) Hr. Thomas moved the adoption of the following Resolutlon: ($21838) A RESOLUTION authorizing a ~ajority of the members of the Councll of the City of Roanoke to act on behalf of the City of Roanoke as the sole stockholder of the Greater Roanoke Transit company and to provide for the parliamentary procedure to be used by those Council members acting as the stockholder at any Greater Roanoke Transit Company stockholder meeting. (For full text of Resolution, see Resolution Book No. 40, Page 155.) Hr. Thomas moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the following vote: AYES: Messrs. Garlend, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............................. ?. NAYS: None ...................... 0. Hr. Thomas then moved that Council concur in the report of the City Attorney and that a meeting of the stockholders of the Greater Eoanoke Transit 419 Co.any be held at the conclusion of the Council ~eet~ng.. Th~ ~otion vas seconded by ~tro Trout and. unanimously adopted. ~EPORTS OF COMMITTEES: MUNICIPAL AUDITOR: The Audit Coat, tree suba~tted a written report recommending the employment of Mr. James D. Grisso as an Assistant Municipal Auditor, effective October 1, 1974, at a salary of $16~416.00 per armum. (Fo~ full text, see re~ort as filed ~n the City Clerk's Office.) Mr. Hubard moved that Council concur in the re~ort of the Audit Con=nittee and offered the following emergency Ordinance: (S21839) AN ORDINANCE to amend and reordaln Section 1113, "Municipal Auditor," of the 1974-75 Appropriation Ordinance, al3d providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 156.) Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Garland end adopted by the followlng vote: AYES~ Messrs. Garland, Hubard~ Lisk, Taylor, Thomas, Trout and ~ayor Webber ............................. [?. ~{AYS: None ..................... 0. Mr. Hubard offered the following emergency Ordinance amending the Pay plan to provide for the posltton of Auditor, ~ange 26: (%21840) AN ORDINANCE to amend Ordinance No. 21632, providing a System of Pay Rates a~d P~%nges for the employees of the City of Roanoke, by amending Schedule 2 of said Systea~ of Pay Rates by cha~ging the Range of the position of Auditor, Code No. llll, from Range 23 to Range 26~ providing the effective date of the change herein ordered; and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 40, Page 157.) Mr. Hubard moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ........................... ?. NAYS: None ....................0. BUDGET-AIRPORT: A Subcommittee of the A~rport Advisory Commission s~m{tted a written report advising that acceptance by Coencil of' the offer for the installation and donation of one flag pole for the airport from Mr. C. E. Norris necessitates only the purchase of one additional pole to provide symmetry as suggested by Mayor Webber at the last Airport Advisory Comm[sslon meeting, that the cost of a thirty foot flag pole will amount to $600.00 plus an installation cost Of $50.00 Per pole, that it is suggested, in order to eliminate the cost of persounel to raise and lower the flags on a daily basis, that two spot lights be installed in the amount of $100.00 I1 per pole and recom~nding that $1,500.00 be appropriated in order to cover the entire cost of ~is p:oJec~, ~650.00 ~o ~ con~lbu~ed ~ ~. C. E. No~ria. ~. ~isk ~ve~ ~at Co~cil conc~ la ~e re~t of ~e S~ttee of ~e ~rt ~vlso~ C~asion ~d offered ~e foll~ing ~rgen~ Ordin~ce approp~la~ng ~1,500.00 ~ Plag Poles ~der Section [550, Ordin~ce s (%21841) ~ 0~ to ~d and reor~n Sect~ %550, Capi~l ~prov~ents F~d~~ of ~e 1974-75 Alert ~d Appropriation Ordin~ce, ~d provid~g for ~ (For full text of Ord~ce, se~ Ord~ce ~k No. 40, Page 157.) ~. ~sk ~ved ~e adoptl~ of ~e Ord~ce. The ~t~on was second~ by ~. Trout ~d adopted by ~e fol1~ing vote~ AYe= Messrs. Garl~d~ H~ard~ Lisk, Taylor~ ~o~s, Trout ~yor Weber ............................. ~YS= None .....................0. BU~ET-AI~ORT= A S~o~ttee of ~e ~rt A~viso~ Co~sslon s~tte~ a written re~rt recanting ~at ~11~nat~ directional si~s be installed for ~e Te~al ~bby ~d Conco~se areas at ~e ai~rt, and ~at Cocci1 approve ~e appropriation of $9,680.00 for said (For full t~t, see report as filed in ~e City Clerk's Office.) ~. L~sk ~ved ~at Co~cll conc~ in ~e report of ~e S~co~ttee o~ ~e ~ort Advlso~ C~ssi~ ~d offered ~e foll~ing ~rgen~ Ordin~ce appropr~ating $9,680.00 ko Ai~ort Light~g ~der Section t550, 'Airport Capi~l Xmprov~ts F~d,' of ~e 1974-75 Ai~ort F~d Appropriation Ordin~ce: (%21842) ~ 0~ to ~d ~d reordain Section %550, 'Ai~ort ~pital ~rov~ts F~d,~ of ~e 1974-75 A~ort F~d Appropriation Ord~ce, and proving for ~ ~ergency. (For full text of Ord~n~ce~ see Ord~ce ~ok No. 40, Page ~58.) ~. Lisk moved ~e adoption of ~e Ordln~ce. The ~tion was seconded by ~. Trout ~d adopted by ~e fo11~ing AYe: Messrs. Garl~d, H~ard~ Lisk~ Taylor~ ~s, Trout ~yor Weber .................................. 7 ~YS: None ......................... 0. A~I~-~LXS~= ~e ~oke Civic C~ter ~ Stad~ Adv~so~ C~t~sion s~tted a ~itt~ report relative to h~kup charges for ~ailers - c~ers wi~ ~e Civic Center parking lot, recanting ~at a h~kup charge o~ $7.50 per ~it~ ~posed which would include a 3-day se~lce privilege 421 and that $2.50 per day be ~natituted for each addl~Lonalday after the initial charger effective November 15, 1974, and that no user,of the service vlll be exempt. (For full text~ :see report as filed In the City Clerkee Office.) Itt. Garland ~oved that the matter be referred to the city Attorney for preparation of the proper measure. The motion va8 seconded by HI:. Thomas and onan~mously adopted. CITY GOVERHHENT-AUDITOR~UH-COLISEU~: The Roanoke Civic canter and S~adium Advisory Co~mission sub~tted a w~lttem report relative to a Wonju Sister City display La the Roanoke Civic Center Auditoritm, recon~ending that a mural, 'Tan nile symbols of Korea' be placed at the top of the first landing in the front entrance foyer as a permanent display, that display cases housing small gifts from WonJu be placed betveen the a~airs at the main entrance foyer and, also, La the same area, flags viii be displayed, and advisLag that the displays rill be changed frequently. (For £ull text, see report as filed in the City Clerk's Office.) Mr. Trout moved that the matter be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Thomas and tmanimously adopted. pARKS AND PLAYGROUNDS= A committee appoLated for the purpose of tabulating bids received for resurfacing the Shrine Hill Tennis Courts s~bmitted a written report reco~endlng that the proposal of Marsteller Corporation, in the amount of $9,897.00, be accepted. Mr. Garland moved that Council concur in the report of the committee and offered the following emergency Ordinance: (~21843) AN OPJ)INANCE accepting the proposal of Marsteller Corporation, for sealing and color coating the Shrine Hill Tennis Courts in the City Of Roanoke; authorizing the proper city officials to execute the requisite con- tract; and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 159.) Mr. Garland ~oved the adoption of the Ordinance. The ~otion was seconded by Mr. Lisk and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS: None ....................... 0. UNFINISHED BUSINESS: STADIUM= Council at its last reqular meetLag on Monday, septeiaber 23, 1974, having deferred action on a report of the City Manager and the Roanoke Civic Center and Stadiu~ Advisory Commission relative to the matter of monetary support of the Star City Classic Virginia College All-Star Foothall II 423 Ga~e on November 30, 1974, recording that ~15~000.00 be appropriated tO Advertising and P~I~ o~ ~en~ ~de~ Sec~ J476, 'S~d~ A~letic F[eld,' of ~e 1974-75 budget, ~ ~a2 ~e City ~ager ~ au~orlzed to enter into a con~act~[ agre~ w[~ ~e Cave Sprig Gaycee8~ lncor~rated~ ~n ~e ~t of S20,000.00 for prefixal p~oses, ~e Mtte= was again before ~e $15,000.00 to AdveE~is~g ~d P=~t[~ of ~ent8 ~der Section J476, '5~d[~ ~d A~let~c F~eld,' of ~e 1974-75 budget. d~ge~ous p~eced~2 ~ appropria2~g ~e to~l ~ of ~e budget instead of requiring ~at ~e org~izaE~ participate on a ~tc~g f~d basis ~a2 [~ Co~c~l approves ~[s ~e~es~ Eot ~e ~ve Sprig ~aycees~ ~ opting ~e d~r for ~y o~er org~izations ~o ~e s~lar ~e~es[s. ~. Lisk ~ o~fe~ed a s~s2[2u[e ~t~on ~a~ ~e City of Roanoke appropriate ~lO,000.00 ~o ~e Advertising ~d P=~2[on o[ ~en2s accost and ~a2 ~e Cave Spring G~ycees, [nco~rated~ provide $10,000.00 2o ~e~s[[ed into ~a~ acco~. The ~tion failed for lack oE a second. ~. Th~s once again o[fer~ ~e [oll~[n~ ~rgen~ Ordinance appropriating $~5,000. O0 to Advertising ~d Pr~ton of Events ~der Section %476, ~S~ ~ A~letic F~eld,' of ~e 1974-~5 budgat~ ~ A~et~c F~eld,' of ~ 1974-75 Appropriation Ord~ce, an~ providing for (For full text of Ord~n~ce~ see Ord~ce ~ok No. 40, Page 160.] ~. Th~s ~ve~ ~e a~opt~on of ~e Ordin~ce. The ~t~on was seconded by ~. Trout ~ adopte~ by ~e foll~ng vote: AYES= Messrs. Garl~ H~amd~ Taylor, Tho~s ~ Trout ....... ~. Th~s ~ offere~ ~e fo11~ng ~rg~ Or~ce au~or~z~ng ~e C~ty ~ager to enter into agre~t w~ ~e Cave Spr~ng Jaycees~ Inco~rated = (~21845) ~ O~I~ au~or~z~ng ~e C~ty ~ager to ~ter into agre~t wi~ ~ve Spr~ng Jaycees, Inc., relative to ~e pr~t~on S~r City Classic V~rg~a Collegiate ~l-S~r F~a11 G~, upon ceftin te~ ~d con~tions~ ~ provld~g for ~ ~rg~. (For full text of Ord~n~ce~ see Or~n~ce Book No. 4~, Page ~60.) ~. ~s ~ve~ ~e ad~t~on of ~e Or~c~. The ~t~on was seconded by ~. Trout ~ adopte~ by ~e folkwang vote= i~ Zt24 AY~St MeserSo Garl~ud~, Ht,'.~ard~, Taylo~, ~8' ~d T~OUt ........ C~SXD~TX~ OF ~z NO~.. X~RO~X~ ~ CONSXDE~TXON OF O~X~C~'~ ~SO~XONSs T~s Cocci1 hav~g directed ~e C~ty Atto~ey to prep~e ~e proper ~as~e ~ng ~ reorda~n~g paragraph {a) G~era~ provisions, o~ Sec. 15. ~t~ of cer~ taxes ~ pro~rty of certain elderly persons~ of ~apter 1~ ~r~t Taxes~ T~tle VI. Ta~t~ of The C~e of ~e City of ~oke, 1956, as ~, ~ certain part~cula=s relat~g to ~ credits on realty o~e~ by cer~n elderly personsl ~ providing for ~e effective date o~ ~e Ordin~ce~ he presente~ s~l whereupon~ ~. Trout offure~ ~e ing ~erg~ (%21846) ~ O~ ~g ~ reorda~g paragraph (a) ~neral prov~sions, of Sec. 15. ~ption o~ cer~ ~xes on property of cer~n elderly persons, o~ ~apter 1. ~rrent Taxes~ Title VI. Taxation, of ~e C~e of ~a C~ty of Ro~oke, 1956, as ~e~, ~ cer~n particulars lating to ~x credi~ on realty o~e~ by cer~n elderly ~rsons~ and providing for ~e ~ffect~ve date of ~is Ordnance. (For full text of Ordinance, see Ord~n~ce ~ok No. 40, Page 161.) ~. Trout ~ve~ ~e adoption of ~e Ordinance. The ~tion was s~con~ed by Dr. Taylor an~ a~opte~ by ~e foll~ing vote: AYe= Messrs. Garland, H~ar~, L~sk, Taylor, ~o~s, ~out and ~yor Weber ................................ ~YS: None ........... ~ ........... 0. ~. A. V~ctor ~s ~ ~. J. Crawfor~ Calho~ appear~ ~fore ~e ~y ~ congratulate~ Co~ci~ on ~e a~op~on of Or~ce No. 21846. L~B~ Co~cil hav~ng d~rect~ ~e C~ty Atto~ey to prepare ~e pro~r ~as~e au~or~z~ng ~e ~lo~t o~ arc~tect~al seduces to prepare ~d provide plus, s~c~f~cat~ons, con~act doc~n~ ~ o~er pro- fess~onal seduces ~n ~d a~ut ~e cons~ct~on of a new Not.west Branch L~bra~ facility for ~e c~ty, upon cer~n t~ ~ conditions, he pr~sente~ s~ whereupon, Dr. Taylor offere~ ~e foll~ing ~rg~ Or,in.ce= (%21847) ~ O~IN~ au~or~z~g ~e ~lo~nt of arch~tect~al se~ices to prep~e ~d provide plus, specifications, contract d~en~ ~ o~er professional seduces ~n ~ a~ut ~e cons~ct~on of a new Not.west Brach L~bra~ facility for ~e city, u~n cer~n te~ an~ provlslons~ an~ providing for ~ ~rg~cy. (For full text of Ordin~ce, see Ord~n~ce ~ok No. 40, Page 163.) Dr. Taylor move~ ~e adoption of ~e Ordin~ce. ~e ~tion was seconde~ by ~. Lisk ~ a~opte~ by ~e foll~g vote= AYESt Hess~a. Garland~ Hubard~ Llsk~ Taylor~ Thomas, Trout: and Mayor Webber ................................ 7. NAYS: None .......................0. MOTIONS AND MISCELLANE0~S BUSINESS: CITY ATTORNEY: Mayor Webber called to the atte~tion of Council that the two year term of Mr. James N. Klncanon as City Attorney will expire on September 30~ 1974~ and called for n~m~nations to fill the vacancy. Mr. Garland placed in nom~nation the name Of Mr. James N. Klncanon. There being no further ncm~nations, Mr. Ja~s N. Kinoanon was reelected as City Attorney of the City of Roanoke for a term of two years beginning October l, 1974, and ending September 30, 1976, by the fo11~wing vote~ FOR MR. KINCARON: Messrs. Garland, Hubard, L~sk, Taylur~ Thomas, Trout and Mayor Webber ....................... ?. DIRECTOR OF FINANCE: Mayor Webber called to the attention of Council that the two year term of Mr. A . N. Gibson as Director Of Finance will expire on September 30, 1974, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Mr. A. N. Gibson. There being no further nominations, ,r. A. :~. ~[bson was reelected as Director of Finance of the City of Roanoke for a term Of two years beginning October 1, 1974, alld ending September 30, 1976, by the following FOR MR. GIBSON: Messrs. Garland, H~bard, Lisk, Taylor, Thomas, Trout and Mayor Webber ...................... ?. MUNICIPAL AUDITOR: Mayor Webber called to the attention of Council that the term of Mr. William L. Brogan ae Municipal Auditor w£11 expire on September 30, 1974, and called for nominations to fill the vacancy. Mr. Hubard placed in nom~nation the name of Mr. William L. Brogan. There being no further nominations, Mr. William L. Brogan was reelected as Municipal Auditor of the City of Roanoke for a term of two years beginning October 1, 1974, and end~ng September 30, 1976, by the following vote: FOR MR. BROGAN: Messre. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ...................... CITY CLEI~K: Mayor Webber called to the atte/ltion of Council that the ter~n of Mrs. Mary F. Parker as City Clerk to fill the tmexpired term Of M~ss Virginia L. Shaw, resigned, will expire on September 30, 1974, and called for nominations to fill the vacancy. Dr. Taylor placed in nondnation the name Of Mrs. Mary F. Parker. 425. There being no further nc~tnationsm H~e. Mary F. Pa~ker was elected as City Clerk of ~e City of R~oke for a te~ Of tvo yeara ~ql~ ~to~r 1~ 1974~ ~d ~dlng Septet 30~ 1976~ by ~e roll.lng votez ~R ~. P~Rt Messrs. Garl~d~ H~azd~ ~sk~ Taylor, ~out ~d ~yor We~ ....................... 7. ~. Th~s ~ offered ~e foll~g ~gu~ Ord~ce ~e City of Ro~oke Pay PI~ providing ~a~ ~e ~sition o[ Clt~ Clerk shall ~ ~nge 25 wl~ln said Pay {$~1~4~1 ~ O~I~ to ~d Ordtn~ce No. 21632~ providing Syst~ of Pay ~tes ~d ~qes for ~e ~loyees of ~e City of ~oke, by ad~nq to Schedule 2 of said Syst~ of Pay ~tes ~d ~9es a new c~e ~sttlon for City Clerk~ ~d providing ~e r~qe appllc~le to said new positlon~ ~al~9 ~e provisions of Ordin~ce No. 21631 lnconsist~t herewt~ provtd~ for ~e effective ~te of ~ls Ordinance, ~d providing for an (For full text of Ordinace, see Ordin~ce B~k No. 40, Page 165.) ~. ~s ~ved ~e adopti~ of ~e Ordinace. The ~tion was seconded by ~. Lisk ad adopted by ~e roll.lng vote~ AYBS: ~essrs. 6arl~d~ H~ard~ Lisk, Taylor, Th~s, Trout ~d l~yor Heb~r .............................. NAYS: None .....................0. H~SING-SL~ C~I ~yor ~eb~r called to ~e att~tlon of Co~cil ~at 2e fo~ year te~ of ~essrs. S. ~wis Lio~erger Cour~ey King, Jr., as Cassioners of ~e City of ~oke Redevelop~nt Housing Au~orlty e~ired on au~st 31, 1974, ~a~ ~. King has decl~ed to se~e ao~er tea ~d called for n~nations to fill 2e vacacles. ~. Th~s placed in n~na~im ~e n~ of ~. S. ~wis Lio~erger. There being no f~er n~nations, ~. S. Lewis Lio~erger vas reelected as a C~issi~er of ~e City of Ro~oke Redevelo~n2 and Hous~g Au~ority for a te~ of fo~ ye~s ad~g lu~t 31, 1978, by ~e foll~ing vote: FOR ~. ~O~ERG~: Messrs. Garl~d, H~d, Lisk, Taylor, Tho~s, Trout and ~yor W~r ..................... LIB~: ~yor Webber called to ~e att~on of Co~cil ~at ~ere is a vac~ on ~e ~oke P~lic Libra~ Board due to ~e resi~ation of ~. Jesse T. Mead~s for a te~ ~dfng J~e 30, 1975~ ~d called for no,nations to fill ~e vac~. ~. Lisk placed ~ n~natlon ~e n~ of ~. W. Co~ey K~g, Jr. ~ere ~ing no fur~er n~nati~s, ~. W. Co~ey ~g, Jr., was elected as a ~er of ~e ~oke P~lic Libra~ Board to fill ~e ~e~ired te~ of ~. Jesse T. Meadows ~d~g J~e 30, 1975, by ~e foll~ing vote: 427 FOR HR. EING~ Hessra. Garland~ Huba~dt Llak, Taylorm Tho~ast Trout and Hayor N'ebber ............................. 7. CX~ C~t ~e City Clerk re.=ted ~at ~s. ~ F. Parker has ~alif~ed as C~ty Clerk to f~ll ~e ~e~red te~ of ~ss Virginia L. Shaw, resigned~ beg~g Septet 16~ 19V4~ ~d ~d~ng Septet ~0~ 19~4. · ~. ~s ~ved ~at ~e re~rt ~ received ~d f~led. ~e ~t~on was seconded by ~. ~sk ~ ~usly adopted. ~R ~NGS OF CITIZ~S~ PO~ DEP~-~S~ ~. l~n Bl~t~ 80~ ~tain Avenue~ S. E., appeared ~fore Co.oil and e~ress~ d~sappo~n~t w~ ~e law and order ~n ~e City of ~oke, advising ~at ~e city needs ~re p~lic~n w[~ better pay. ~. ~out ~ved ~at ~. Bl~t ~et wl~ ~e D~rector of Safety and Sectary on Monday, ~to~r ~, 1974, at 9 a.m.~ for ~ p~se of d~scuss[ng ~e ~tter and ~at ~e City ~ager ~ re~ested to s~t a report to Co~cll ~n reference to ~e ~et~ng. The ~t~on was seconded by ~. Lisk and ~usly adopted. ~ere being no f~er business, ~yor W~ declared ~e meeting adJo~ed. A~I~ST: AP-PROVED City Clerk Mayor . COUNCIL, I~GUL~I~ W~ETING, Honday~ October ?~ 1974o The Council of the City of Roanoke met In regular meeting in Roo~ 159 of the Municipal Building on Honday, October 7, 1974, at 2 the regular meeting hour, with Hayor Roy L. Webber presidin9. PI~ESI'~T= Councilmen Robert A. Garland, William S. Nubard, David Llsk (arrived late), Noel C. Taylor, Hm~p~on W. Thomas, James O. Trout and Hayor Roy v.. Webber~ ..................... 7. ABSENT= None ..................0o OFFICERS PRESENT: Hr. Byron E. Haner, City Managerl Hr. Sam H. McGhee, III, Assist~nt City M~nagerJ Hr. James N. Ktncanon, City Attorneyl Hr. N. Ben Jones, Jr., Assistant City Attorney~ Hr. A. N. Gibson, Director of Finance~ and Hrs. Nary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend A. Garnett Day, Retired Christian Disciples of Christ M~nister. MINUTES: Copy Of the m~nutes Of the regular meeting held on Monday, September 30, 1974, having been furnished each ~m~er of ouncll, on motion of Hr. Trout, seconded By Hr. Hubard and adopted, the reading thereof was dispensed with and the m~nutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS A~D COMMUNICATIONS: CITY CLERK: A communication from the City Clerk respectfully rec/uesting per~ssion to appoint Hrs. Judith M. St. Clair as Deputy City Clerk of the City of Roanoke, effective October 1, 1974, was before Counc11. Dr. Taylor offered the followlng Resolution: (%21849) A NESOLUTION confirm~ng the appointment of Mrs. Judith M. St. Clair as Deputy City Clerk. (For ful! text of Resolutlon, see Resolution Book No. 40, Page 172.) Dr. Taylor moved the adoption of the t~esolut/on. The motion was seconded by Mr. Garland and adopted by the following vote: AYES= Messrs. Garland, Hubard~ Taylor, Thomas, Trout and Mayor Webber ...............................6. NAYS= None .................0. (Mr. Lisk had not arrived) SPECIAL PERMITS-ZONING= A co~ununicatlon from Mr. Robert J. Rice requesting that Council grant him perlaisslon to operate a television repair service in his home at 1102 11th Street, N. E., was before the body. Hr. Thomas moved that the request be referred to the City Manager for study, re~ort and reconn~endation to Council. The motion was seconded by Hr. Trout and adopted. 429 REPORTS OF OFFICERS: BUDG~T-PAR]~ AHD pLAYGROUNDSI The City ,~ansger s,,~tted a written report advising thak this past spring the Hill ~ountain Zoo vas completely portion of the painking was contracted out ak a cost of $1,982.50, that this ~ork was mistakenly paid for from th~ Hill Hountain Zoo Gift Account instead of the Capital Improvements Account which was set up for the painting, reco~And- ing and requesting that $1,982.50 be t~ransferred from the Hill Ho~ntain Zoo Capital Improvements Account to the Hill Hountain Zoo Gift Account in order to correct this error. ~r. Trout moved that Council concur in the report of the City Hanager and offered the following emergency Ordinance.- (%21850) AN ORDINANCE to amend and reordain Section J889, "T~ansfers to Capital Improvements Fund,' off the 1974-75 Appropriation Ordinance, and providing for un omergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 172.) lit. Trout moved the adoption of the Ordinence. The motion wes seconded by Dr. Taylor and adopted by the follow~g vote AYES= Messrs. Garland, Hubard, Taylor~ Thomas, Trout and Hayor Webber ............................... 6. NAYS: None ................0. {Mr. Lisk had not arrived) BUDGET-EQUiPMeNT: The City Hanager s~hm~tted a written report requesting that $3,000.00 be transferred from Supplies and Materials to Operational and Construction Equipment under Section %664, 'Buildlngs Maintenance,' of the 1974-75 budget, to provide funds for the purchase of two steam cleaning machines to be used in cleaning the carpet at the civic center, the airport and the offices of the Judges in the Courthouse. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland moved that Council concur ~n the report of the city Manager and offered the following emergency Ordinance: ([21851) AN ORDINANCE to amend and reordain Section %664, 'Buildings Maintenance,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. 40, Page 173.) Mr. Garlan~ moved the adoption of thc Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Hayor Webber ................................ 6. NAYS: None .................. 0. (Hr. L~sk had not arrived) BUDGET-GRANTS-COMPREHENSIVE EMPLOYMENT AND TRAINING ACT~ The 1974, the Policy Board of the P~anoke Han~ower Consortium established under the Comprehensive Manpower and Training Act held its initial meeting, that the City of Roanoke was designated as the Fiscal Agent for the Consortium~ that the Department of Labor has approved the Roanoke Manpower Consortium FY 1975 p=ogram, l/t the amount of $1,041~000.00, which funds will be controlled and disbursed through the Director of Flnance~ re~ommending that funds in the amount of $1,041,000.00 be appropriated for the CETA program and that the City Hallager be authorized to enter into the necessary contracts to accom~lish the manpower services described in the program. (For full text, see report as filed in the City Clerk's Office.} Dr. Taylor moved that Council concur.in the report of the City Manager and offered the fo11~wing ~merguncy Ordinance appropriating $1~041,000.00 to 'Grants - Com~rehensive Employment and Training Act,' of the 1974-75 budget: · (%218S2) AN ORDINANCE to amend and reordain the 1974-75 Grant Pro- gram Account~ and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. 40, Page 174.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by Hr. Bubard and adopted by the following vote: AYES= Messrs. Garland~ Hubard, Taylor~ Thomas, Trout and Mayor Webber ................................. NAYS: None ..................0. (Hr. Lisk had not arrived) Hr. Garland the~ offered the following em~rge~lcy .Ordina/lce authorizing the City Manager to enter into contracts on behalf of the Roanoke Man~ower Consortium with certain local agencies: (S21853) AN ORDINANCE authorizing the City Manager to enter into contracts on behalf of the Roanoke Manpower Consortium with certain local agencies to accompllsh screening, counseling, training and job placement accordance with the Comprehensive Em~lo~ent and Training Act of 1973, as amended~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40~ Page '174.) Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Hr. Hubard and adopted by the following vote: AYES: Messrs. Garland~ Hubard, Taylor~ Thomas, Trout and Mayor Webber ..............................6. NAYS: None ................. 0. (Hr. L~sk had not arrived) BUDGET-GRANTS-JUVeNILE AND DOMESTIC t~LATIONS DISTRICT COURT= The City Manager submitted a written report advising that a grant request for 431 funds to provide Juvenile out~each detention servicea L~ the'~lfth planning District has been approved by' the Dlvision~f Justice and Crime Preventionw the total a~ount of the grant being $27w371.00, with $24,633.00 provided by federal funds~ $1,369.00 frC~'D~TCP Gengral Fiuids a~d $1,369.00'p~evided 1°Cally in cash ~atch, that the required $1,169.00 local match has bee~ previously appropriated by council In a~tlclpatlen of the gra~t request approval, that ~nadvertently, funds of $2,16S.00 to pdrchase the equ~l~eh~ to operate this program were omitted fr~m' th~ appropriation Ordinance, rec~_~[ng that Council appr°P=late this $2~165.00 to the grant program account and that the City Manager be authorized to execute the appropriate for~s for acceptance of this grant and agreeing to the conditi~ns contained therein. (For full text~ See report as filed in the City Clerk's Office.) Hr. Trout moved that Council concur ~n the report of ~he City Manager and offered the following emergency Ordinance appropriating $2,165.00 to 'Grants - No. 74-A2314, Law Enforcement Action Grant (Outreach Detention) 'of the 1974-?S budget= (~218~4) Ai~ ORDI~L~{C~ to amend and reordain the 1974-75 Grant Program Account, and providing for an e~nergency. (For full text of Ordinance, see Ordinance Book No. 40, Page Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the following vote: AYES: Messrs. Garland, Hubard~ Taylor, Thomas, Trout and Mayor Webber ................................... 6 · NAYS: None ..................... 0. (Hr; L~sk had not arrived) Dr. Taylor offered the following Resolution authoriz~ng acceptance, execution and filing of the grant= (S21855) A RESOLUTION authorlz~ng the acceptance& execution, and fiiing of the 'Special Conditions for Action Grant Awards' with the Division of Justice and Crime Prevantion for an action grant of federal funds to provide for juvenile outreach detention services in the Fifth planning District. (For full text of Resolution, See ResolUtion BOok No. 40, Page Dr. Taylor moved the adoption of the Resolut/on. The motion was seconded by Hr. Trout and adopted by the f0~low~ng vote~ AYES= Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor Webber .................................. 6. NAYS= None .......... _- ......... 0. (Mr. Lisk had not arrived) GRANTS-J~B]ENILE AND DOMESTIC P~LATIONS DISTI~ICT COURT= The City Manager sulxnitted a written repo~2'advis~ng ~hat a ~rant request for the continuation of the intake services program of the Juvenile and Domestic Relations Dls~cict Cou~t has been approved by the Dlvialon of Justice.and Crime Prevention, the total amount of the g~ent being $24,836.09, with $22,354.00 coming from federal funds, $1,241.00 from EkTCP General Funds and $1,241.00 provided locally in cash match, reconnending that the City Haneger be authorized to execute the appropriate forms for acceptance of this grant and agreeing to t. he provisions and conditions contained therein. (For full text, see report as filed In the City Clerkts Office.) ~r. Garland moved that Council concu~ in the report of the City Hanager and offered the roll,lng Resolution authorizing the acceptance, execution and filing of the grant: (121856} A ~SOLUTION authorizing the acceptance, execution, and filing of the 'Special Conditions for Action Grant Awards' with the Division Of Justice and Cr~me Prevention for an action grant Of federal funds to allow the Juvenile and Domestic Relations General District Court of the City Of Roanoke (For full text Of Resolution, see Resolution Book No. 40, Page Mr. Garland moved the adoption of the Resolution. The motion was seconded by }ir. Thomas and adopted by the foll~wing vote: AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Mayor WeBber .... .- .............................. 6. NAYS: None ....................0. (Mr. L~sk had not arrived} BUDGET-GPJ~{TS-JUVENI~ AND DOMESTIC I~ELATIONS DISTRICT COURT= The City Manager su~mitted a written report advising that a grant request for funds to provide a set of dictating equipment for the Juvenile and Domestic Relations District Court has been approved by the Supreme Court of Virginia, the total amotmt of the progra~ award being $800.00, with $?60.00 coning fro~ DJCP Grant No. 74-A2603~ and $40.00 provided locally in cash match, .that the total amount of the grunt falls $150.00 short of the an~unt needed to buy the equil~ment, reconm~endtng that $150.Q0 be transferred from Contractual Services under Section S119, 'Juvenile end Domestic Relatlons District Court,' that $?60.00 be appropriated to this gra~t account and that the City Manager be authorized to execute the appropriate forms for acceptance of the grant. {For full text, see report as filed in the City Clerk's Office.} Mr. Thomas moved that Council concur in the report of the City Manager and offered the following emergency Ordinance transferring $150.00 from Contractual Services to other Equipment, and appropriating $?60.00 to other Equipment under Sectlon t119, 'Juvenile and Domestic Relations District Court,' of the 1974-75 budget= 433- (~21857) AN ORDL~IA~C~ to a~end and reorda~n Section lllgw '~uven~le ~d ~stic ~latl~s District Co~t;" Oi ~e X974-75 Ap~rop~latl~ ~din~a~ ~d p~ovldlno fo~ ~ (~or full text of Ord~ce~ see O~din~ce ~k ~o. 40~ Page X78.) ~, ~s ~ved ~e adop~l~ of ~e Ordin~ce. The ~tlon was seconded by ~. ~out ~d adopted by ~e folloW9 ~te~ A~: Messrs. Garl~d~ H~d, Taylor~ ~s, Trout ~d ~yor Weber ...............................6. NAYS~ None ................0. {~. Llsk had not arr~ved) ~. Th~s offered ~e follow~g ~solution au~or~zing ~e accep~nce~ exec~ ~d filing of ~e necessa~ waiver wl~ ~e Supr~ Court of Virginia for said (%21858} A ~SO~ION au~orizing ~e accept~ce~ execution, and fll~g of ~e necessa~ waiver wl~ ~e Supr~e Co~t of Virginia for an action gr~t of federal f~ds a~nistered by ~e Supr~ Co~t of Virginia to p~chase dictating e~i~t for ~e Juv~ile ~d ~st~c Relations Dis~lct Court of ~e City of Ro~oke. (For full text of Resolution, see Resolution ~ok No. 40, Page ~. Th~s ~ved ~e adoption of ~e Resolution. The motion was seconded by ~. Trout and adopted by ~e foll~g vote: A~: Hessrs. Garl~d~ H~ard~ Taylor, Th~s, Trout and ~yor Webber .............................. 6. NAYS= None ................ 0. (~. ~sk ~d not arr~ved) At ~is point, ~. L[sk ~tered ~e ~e~g. AUDI~-~LISE~-~B~TIONS: The City ~ager s~tted a ~itten report advising ~at ~e City of Ro~oke has received a suggestion fr~ ~e Roanoke Valley ~r of Co~rce ~ conj~ct~on wi~ ~e ~ss[on and ~e Ro~oke Valley Motel Ass~iation ~at ~ey ~ au~orized to place a 'v~sitors Xnfo~t[on C~ter' on ~e gro~ds of ~e Ro~oke Civic C~ter, ~d rec~d~g ~at Co~cil au~orize ~e t~ora~ location of such a facility on ~e Civic C~ter property ~der ceftin conditions. (For full text, see re~ort as filed in ~e City Clerk's Office.) ~ter a discussion of ~e re~rt~ ~. Garl~d ~ved ~at ~e ~tter ~ referred to ~e City of Ro~oke Bicent~ial Co~ssion for study, report ~d reco~dation to Cocci1. ~e ~tion was seconded by ~. Lisk and ~ously adopted. PO~ DEP~-FI~ DEP~T: The City ~ager s~tted a ~tten report as to ~e s~tus of perso~el in ~e Police Depar~t ~d ~e Fire Depar~t for ~e mon~ of Sept~er, 19~4, adv~s~g ~at as of Sept~er 30, 19~4~ ~ere are five vac~cies in ~e Police Depar~t ~d fo~ vac~cies ~ ~e Fire Depar~t. (Fo~ full text, eee re~ort as flied in the'CXt¥ Clerk's Office.) Kr. Thc~nas moved ~k ~e re~:t ~ ~eceLved ~d filed. ~e vas seconded B~ ~. ~out ~d ~1~ adopted. ~CIL: ~e City ~ager 8~tted a ~ltt~ re~t ~es~ctfull~ r~est~g ~ executive sessl~ vi~ ~e ~rs o~ Co~cil to dis~ss a ~eal es~te ~tter. ~. Th~s ~ved ~at Co~cil conc~ ~ ~e re,est oE ~e Clt~ ~naqer [o~ ~ exe~ve sessl~. The ~tion ~as seceded b~ ~. ~out ~d adopted by ~e following vote: AYe: Messrs. Garl~d, H~ard~ ~sk, Taylor~ Th~s, Trout and ~yor WeB~r .............................. ~YSz None ...................... 0. P~ING ~ The City Atto~ey s~tted a ~tt~ re~rt advising ~at ~e City o[ Ro~oke has n~ a~u~red title to all of ~e four parcels l~d heretofore selected as ~e site of ~e new m~c~pal parking facility on nor~ side of Ch~ch Avenue, west o[ First S~eet, S. W., ~ded on ~e nor~ ~d west by cer~ alleys. (For full text, see report as [~led in ~e City Clerk's D~. Ta~[or ~ved ~at ~e re~t ~ received ~d f~led. The ~t~on was seconded by ~. Th~s and ~ous[y adopted. ~IO-~IS[ON= ~e City A2to~ey s~tte~ a ~tte~ re.ri advising ~at ~e Regional ~le Television C~ttee has scheduled and advertised a p~lic hearing to ~ held on Friday, ~tober 18, 1974, at 10 a.m., in ~e ~ibit Ha~l at ~e Ro~oke Civic C~ter, at which - repres~tives of each of ~e ~ee bidders for ~e ~ fr~ch[ses, whose proposals were opted ~fore a joint ~et~ng of ~e gorging ~[es of ~e City of Ro~oke, ~e cowry of ~ok~ ~d ~e ~ of V[nton, have be~ asked to be preset, to be e~ed ~d ~es~oned on ~eir respective pro~sals. ~. Garl~d ~ved ~at ~e report ~ received ~d f~led ~d ~at all ~rs of Co~c[l be ~ged to att~d ~e p~l~c hearing. The ~tion was seconded by ~. ~s ~d ~ously adopted. STA~ CO.OPTION CO~SSION-S~ ~D S~ D~NS= ~e City Atto~ey s~tted a ~[tt~ re~rt adv[s~g ~at ~ere has ~ se~ed on ~e ~or copy of a not~ce of ~e ~pl[cat[on of Ro~oke S~[~ Disposal Co.ra- tion ~de to ~e S~te Co~orat~on C~ssion ~ Case NO. 19440, of filing by ~at Co~rat[~ of proposed ch~ges ~ ~ ~st~g rates ~d ch~ges for prov~d~g sewage disposal se~tce ~n so~ portions of Ro~oke Co~ty, V~rg~a, ~at a he~g has ~ scheduled ~fore ~e State Co~oration Co~sslon on Nov~r ~6, 19~4, ~ ~c~nd, V[rg~[a, ~d ~e c~ty Attorney's Off~ce w~ll await f~er direction of Co.cji wi~ respect to ~at hearing. 435' ~, Thc~as ~oved that t~e report be received and ~led, was seconded By ~, ~sk ~d ~ly adopted, A~I~-S~ The N~lolpal Auditor s~tted ~ltt~ re.rte ~tt~ng audit re~rts f=~ C.P.A. f~ of ~e activity f~ds of Jefferson Senior High Sch~ Pa~ H~ High Soho1 ~d W~II~ Fl~ng H~gh Sch~l for ~e sch~l year ~ded J~e 30~ 1974~ advising ~at each-re~=t includes ~ op~n~ fr~ ~e C.P.A. f~ ~at ~e f~c~al s~t~nts are pres~ted fairly ~n accor~ce w~ g~erally accepted acco~t~g practices. {For full text, see re~rts as f~led ~n ~e City Clerkes ~. Llsk ~ved ~at ~e re~r~ ~ received ~d filed. ~e ~tion was seconded by ~. ~out ~d ~usly adopted. A~I~-~C~TION DEP~T~ ~e H~lc~pal Auditor su~tted a ~ltt~ re~rt ~tt~ng ~ au~tores report for ~e Depar~nt of Parks ~d Recreation as of Au~st 16, 1974. (For full t~t, see report as f~led ~n ~e C~ty Clerkes Off~ce.) Dr. Taylor moved ~at ~e re~rt ~ received and filed. The ~t[on was seconded by ~. Trout ~d ~usly adopted. ~PORTS OF CO~I~S: AI~ORT~ The Alert Adviso~ Co. ss[on s~tted a ~ltten regort relative to ~e use o~ ~e departure r~ ~n ~e Te~nal Building at Ro~oke H~c~pal ~ort~ W~ F~eld~ adv~s~g ~at ~e c~ty has a use agre~ent wi~ P~e~nt Av[at~on~ Inco~orated, for use of ~e facilities at ~e ai~rt in g~eral but excluding ~e depart~e ro~ wh~ch.e~[res on ~rch 3~, 19~5, ~at ~e city desires to es~blish a rate for ~e use o[ ~e depart~e ro~ by P~e~nt Aviation for a n~e ~n~ per[~ ~d rec~nd[ng ~at Cocci1 est~lish ~e rate of $6.45 'per s~e foot per ~ for ~e use of ~e depart~e r~ for ~e per[~ fr~ July 1, 1974, to ~rch 31, 1975. '(For full text, sea report as f~led ~n ~e City Clerkes Office.) ~. Trout moved ~at Cocci1 conc~ ~ ~e report of ~e ~rt ~v~so~ C~ss[on ~d offered ~e fo11~g ~rg~ Ordin~ce: (~21859) ~ O~IN~ ~ending ~ reorda~g Sec. 15. Te~al Building ~tes, of Chapter 5, A~ort, T~tle VIII. P~l~c Build~gs Property, of ~e Code of ~e City of Ro~oke, 1956, as ~nded~ by es~bl[sh~ng a charge for ~e use of certain new pass~ger dep~t~e ro~ adjac~t space at ~e c~ty~s ~ort Te~nal ~uild~g, effective ~tober 15, 1974~ direct~g recove~ of co~sat~on for certain prior use of said space, providing for ~e e~[ect~ve date oE ~[s Ord~ce; ~d prov[d~g for ~rg~. (For full text of O~ce, see Ord~n~ce ~ok No. 40, Page 179.) ~. Trout ~ved ~e adoption of ~e Ord[n~ce. ~e ~tion was seconded ~ ~. L~sk and adopted by ~e roll.lng vote: AYESt J(essrs. Gar~.and~ Hubard, Lis~ Ta¥~orj Thc~as~ ?rC~ut zinc] Mayor Webber .................. - ......... NAYS ~ None ................... 0. PARES AND pLAYGROUNDS~ The committee appointed for the p~rl0OSe of ta~ulating bids received for the construction of a wildflower garden on Mill MountaJ~ a~d the constr~¢tion of the J. B. Fls~burn Memorial at the ~nterse¢- tion of the ~11 Mountain Sp~r and the J. B. Flsb]~urA Parkway subs~tted a written report rec~ending that the proposal Of Southwest Construction, Incorporated, in the amount of $26,?04.85, be accepted. (For full text, see report as filed in the City Clerkts Office.) Mr. Hubard moved t~at Council concur in the report Of the committee and offered the following emergency Ordinance= (J21860) AR OI~DINANCE accepting a bid a~d awarding a contract for the construction of the MIll Mountain Wlldflower Garden and J. B. Pishburu Memorial, upon certain terms and conditions~ rejecting that certain other bid made therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook ]~o. 40, Page 181.) Hr. Hubard moved the adoption of the Ordinance. The Motion was seconded by Hr. Thc~nas and adopted by the following vote: AYES: Messrs. Garland,, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... NAYS: None ...................... 0. P. EGIONAL JA/L-TRAFF~C: Councll having referred to a comndttee for study, report and reco~m~-ndatlon the one bid received for operating an off- street parking lot at 323 Ca~bell Ave~aue, S. W., the corem/tree s~m~tted a written report recommending that the bid of J & S Parking Company, Incorpora- ted, tn the a~ount of 41 per cent of gross receipts each month, be accepted. Hr. Llsk moved that Council concur tn the recommendation of the co~ttee and that the following Ordinance be placed upon its flrst reading= (%21861) AR OI~DINARCE accepting the proposal of J & S Parking Co, any, Incorporated, to operate a public off-street parking facility on certain property Owned by the city, on a month-to-month basis and upon certain other express terms and conditions. (For full text of Ordinance, see Ordinance ~ook No. 40, Page 184.) The ~t~on was seconded by Dr. Taylor o/~d adopted by the followlng vote: AYES= Messrs. Garland, Hubard, L~sk, Taylor, Thomas, Trout and Mayor Webber ............................ NAYS: None ...................0. 4'37 UNFINISHED BUSXNESS t BUDGET-STATE CORPORATION CO~ZXSSXON~VXRGXNXA'MUNXCXPAL'LEAGU~- LEGISLATIONs Council at Zts meeting on Monday, AugUst. 26, 1974, having deferred action on a report of the City Nanager relative to HouSe B~XX 864 In the General Assembly vhich ~ould have brought all'utility sales by private. utility co~panies to governmental agencies under the control, regulation and rate'setting o£ the State Corporation C~{esion, thereby permitting the State Corporatlen Commission to exert the authority to Set schedules for rates by which local governments would pay for electrical power, the matter was again before the body. After a lengthy discussion of the matter, Hr. Hubard offered the following emergency Ordinance appropriating $2,718o00 to contractual Services under Section S101, 'Council,' of the 1974-75 budget, to provide funds in order to participate in the fact gathering project relative to proposed legislation which vould give authority to the State Corporation Conm~tssion over rates charged for state and local govez~ments for electrical power~ (121862) A~ ORDINANCE to amend and reordain Section 'Council,' of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 182.) Hr. Hubard moved the adoption of the Ordinance. The motion was seconded by Hr. ~.lsk and adopted by the following vote: AYES= Messrs. Garlandt Hubard, Ltsk, Taylor~ Thomas, Trout and Mayor Webber .......................... ?. NAYS= None .................. STATE CORPORATION COMMISSION-APpALACHIAN POWER COMPANY= Council at Its meeting on Monday, September 16, 1974, having deferred action on a statement of Mrs. Linde Moore requesting that Council transmit a Resolution to the State Corporation Co~m~sslon in opposition to the proposed 24 per cent rate Increase of Appalachian power company, the matter was again before the body. After a discussion of the matter, Mr. Thomas ~oved that the City Attorney be requested to prepare the proper measure for transmittal to the State Corporation com~ssion requesting that strict proof be required of the Appalachian Power 'Co~any in reference to the above request. The motion was seconded by Hr. Lisk and unanimously adopted. CONSIDERATION OF C~L~J~M~= NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES ~ RESOLUTIONS ZONING= Ordinance NO. 21821 rezoning a parcel of land containing approximately 1.~43 acre, offi=ial Tax No. 2480149, located on the southwesterly side of the 2800 block of~ Nershberger Road, N. W., west of the intersection of Interstate Rou~e 581 ra~p, from RS-3, Single-Fa~lll, R~stdential District, to C-2, General C~cial District, having previously bean before Council for its first reading, read and laid over, was again before the body, Kc. Yrout offering the following for its second reading and final adoptionz (J21821) AH ORDINANCE to amend Title XV, Chapter 4.1, Section 2, of ~he Code Of the City of Roanoke, 1956, as amended~ e~ld Sheet No. 248, Sectional 1966 Zone Hap, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 40, Page 166.) Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Llsk and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayor Webber .............................. 7. NAYS: None .....................0. STI~EETS AND ALLEYS= Ordinance No. 21022 vacati~g, discontinuing and closing that portion of the 2000 block of Shenandoah Valley Avenue, N. E., adJacellt to Lots 4, 5, 6 and ?, Block 13, and also, adjacent to Lots 1, 2, 3 and 4, Block 9, Laurel Terrace, having previously bean before Council for its first reading, read and laid over, was again before the body, Hr. Trout offering the following for its second reading and final adoption: (%21822} AN ORDINANCE permanently vacating and closing that portion of the 2000 block of Shenandoah Valley Avenue, N. E., 100 feet in length, adjacent to Lots 4, 5, 6, and 7, Block 13, and Lots 1, 2, 3, and 4, Block 9 of the ~lap of Laurel Terrace, lying south of Kanter Road. (For full text of ordinance, see Ordinance Bock No. 40, Page 167.} Hr. Trout ~ved the adoption of the Ordinance. The ~tlon was ' seconded by Hr. Garland and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................. 7. NAYS= None ..................... 0. ZONING: Ordinance No. 21823 rezoning property located in the 1400 block of Peters Creek Road, N. W., described as parts of Lots 4 and 5, Peters Creek Map, Official Tax Nos. 2770108, 2770109, 2770110 and 2770111, from Office and Institutional District, to C-2, Ge~eral Co~mercial District, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Trout offering the following for its second reading and final adoption~ (~21823} AH ORDINANCE to a~a~nd Title XV, Chapter 4.1, Section 2, of The Code 6f the City of Roanoke, 1956, as amended, and Sheet No. 2?7, Sectional 1966 Zone Map, City Of Roanoke, in relation to Zoning. 439 ?. '~" 440 (For full text of Ordlnancew see Ordinance Book No. 40, Page 169,) Hr, T~out ~oved the adoption of the Ordinance.. The motion was seconded by Hr. Llak and adopted by the follo~ing vote~ AYES: Messrs. Garland, H~bardw Llskr Taylor~ Thc~asr Trout and Mayor Webber .................................. NAYS~ None .........................0. ZONING~ Ordinance NO. 21824 rezoning property located In the 1400 block of Peters Creek Road, N. W., described as Lots I and 2, Offlclal Tax Nos. 2770106 and 2770107~ Peters Creek Map, from C-lt Office a~d District, to C-2, General Co~ercial District, having previously bean before Council for its flrst reading~ read and laid over, was again before the Mr. Trout offering the following for its second reading and fLnal adoption: ($21824} AN ORDINANCE to amend Title XV, Chapter 4.1, Section Of The Co~e of the Clty Of Roanoke, 1956, as amended and Sheet No. 2?7, Sectional 1966 Zone Map, City of Roanoke, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 40, Page 170.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Hr. Garland and adopted by the foll~wing vote= AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ................................ NAYS: None .......................0. SCHOOLS-APPALACHIAN POWER COMPANY: Ordinance No. 21834 authorizing and directing the proper city officials to execute and deliver a deed of easement to the Appalachian power Company in order to install electric power service to serve the new addition to the Patrick Henry High School, having pr~viously bean before Council for its first reading, read and laid over, was again before the body, Mr. Lisk offering the following for its second reading and final adoption: (%21834) AN O~D[NANCE authorizing and directing the proper city officials to execute and deliver a deed of easement to the Appalachian Power Company. (For full text of Ordinance, see Ordinance Book No. 40, Page 171.) Mr. Lisk moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs.- Garland, Hubard,' L[sk, Taylor, Thomas, Trout and Mayor Webber ............................. NAYS: None ......................... 0. BUDGET-ROANOK~ NEIGESO~HOOD ALLIANCE: Co,ct1 having directed the City Attorney to prepare the proper ~asure appropriating $19,230.00 to Roanoke Neighborhood Alliance under Section %830, 'Other Health Agancies,' of the 1974-75 budget, Dr. Taylor offered the following e~ergency Ordinance: 44'1 ([21863) AN ORDINANCE to a~end and reordain Section 1830, '(~ther ~ealth Agencies,' of the 1974~7S ApprOpriation Ordinancew and providing for {For full text of Ordinance, see Ordina~lce Book No. 40~ Page 183.) Dr. Taylor moved the adoption of the Ordinance. The motion was seconded by 'Hr. Trout and adopted by the following votes Hayor Webber ............................... 7. AUDITO~tlUH-COLISEUM~ Council having directed the City Attorney to prepare the proper measure amending and reordaining Ordinance No. 20686 which Roanoke Civic C~ter, by adding to the said schedule of rates and charges provision for certain utility connection fees for persons desiring to park (%21864) AN ORDINANCE amending and reordaining Ordinance NO. 20686 heretofore adopted January 29, 1973, which approved a new schedule of rates and charges for use of the facilities at the Roanoke Civic Center, by adding to the said schedule of rates and charges provision for certain utility on the parking lot at the said Civic Center~ providing for the effective date of this Ordinance~ and providing fo~ an e~ergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 183.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: Hayor Webber ............................. HANDICAPPED PEI~SONS: Mayor webber advised that he has proclaimed City of Bonnoke and requested that the City Clerk read the Proclamation in its entirety. Mr. Trout moved that the Proola~at/on be received a~d filed. The ~tion was seconded by Mr. Llsk a~d tulan~u~ously adopted. has qualified as City Attorney for the City of Roanoke for a term of two years beg~-nning October 1, 1974, and ~nding September 30, 1976. Mr. Lisk moved that the report be received and filed. The motion was seconded by Dr. Taylor a~d unanimously adopted. 442 DIRSCTOR OFFINA~CEs The City clerk reporte~ that Hr~ A. N. Gibson has q~alified as Director of Finance for the Cit~ of'Roanoke for a tern of t~ years ~gl~ing ~to~r 1, 1974~ ~d ~ding Septet 30, 1976. ~. Llsk ~ved ~a2 ~e ~eport ~ received and filed. ~e ~tlon was seconded by Dr. Taylo~ ~d ~usly adopted. ~ICIP~ A~I~R~ ~e City Clerk red.ted ~a~ ~. Wllli~ Br~ has ~alified as ~icipal Auditor fo~ ~e City of Ro~oke for a tern of t~ years ~gl~lng ~tobe~ 1~ 19~4~ ~d ~ding Sept~er ~. Llsk moved ~at ~e ~epo~t be received and ~lled. The ~as seconflea by Dr. ~aylor and ~an~usly adopted. CI~ C~ The City Clerk ~epo~ted ~a~ ~s. ~ F. has qualified as City Clerk for ~e City of Ro~oke for a te~ of t~ yea~s begging ~tober 1~ 1974~ ~d ending Sep~er 30~ 19~6. ~. Llsk moved ~a~ ~e ~epor~ ~ ~e~eived and filed. ~e ~ion vas seconded by Dr. ~aylo~ nnd ~an~ously adopted. N~ICIP~ A~I~R~ The City Clerk ~e~ed ~t ~. a~s D. Grisso has ~alified n~ ~sis~t N~icipal Audlto~ fo~ ~e City of Ro~oke effective ~to~r 1~ 1974. ~. ~sk ~oved ~a~ ~e ~e9o~ ~ received ~d filed. ~e vas seconded by Dr. Taylo~ ~d ~an~usly adopted. ~ere ~in9 no fu~er business~ ~yor ~ber de, la,ed ~e adjo~ned. APPROVED City Clerk ~yor COiINCIL, REGULAR MEETING, Monday, October 14, 1974. The Council of the City of Roanoke mat in regular meeting in Room 159 of the Nunicipal Building on Honday, October 14~ 1974, at l p.mo, the regular meeting hour, with Hayer Roy L. Webber presiding. pRESEI~s CounciLmen Robert Au Garland~ William Llsk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Hayer Roy L. Webber ................................ 7. ABSENT: None ............... OFFICERS PRESENT: Mr. Cabell J. Fearn, Director, Technical and Administrative Planningl Mr. James N. Klncanon, City Attorney~ Mr. H. Ben Jones, Jr., Assistant City Attorney~ Mr. A. N. Gibson, Director of Flnance~ and Mrs. Hary F. Parker, City Clerk. INVOCATION: The ~eeting was Opened with a prayer by the Reverend Frank Hayes, Pastor, Second Presbyterian Church. MINUTE$~ Copy Of the minutes of the regular meeting held on Monday, October 7, 1974, having been furnished each member of Council, on motion of Mr. Thomas, seconded by Dr. Taylor and unanimously adopted, the reading there- of was dispensed with and the minutes approved as recorded. CITY GOVERNMENT: M/SS Dae ltoon Kim appeared before Council and presented a con~ntmication to Mayor Webber from the Mayor of Wonju, Korea, in recognition of the existing Sister City Program between the City of Roanoke, and Wonju, Korea. Mr. Lisk presented to Hiss Klm a plaque which was awarded by Readers Digest and the Town Affiliation Association to Wonju, Korea, at a convention held in Phoenix, Arizona, duping the week of September 17-21, 1974, in recognition of the outstanding Sister City Program between Roanoke and Wonju, and requested that Miss Kim present this plague to the Mayor Of Wonju when she returns to Korea. Mayor Webber presented a Key to the City of Roanoke to Hiss Klm to be given to the Mayor of Wonju when she returns to Korea. HEARING OF CITIZENS UPON PUBLIC MATTERS: A~RPORT: A communication from Mr. Ray C. Dobbins reques~ing per~Ltssion to lease display area at Roanoke Munlcipal Airport, Woodru~ Field, for the period begir~lil~g September 1, 1974, and ending D~ce~ber 31, 1974, for the sum of $330.00, with an option of permanent occupancy assuming that he can set up an automobile rental counter in this same area to be shared with Bedford Aviation Services, provided a ~altual agreement can be worked out between the two part~es, was before Council. 443 4'.44 ~o ~-lsk ~ov.ed that the matter be referred to the Airport Advisory ~esion for study, re~t ~d ~e~eadati~ ~ Co~cll. ~e ~tion was seconded by ~, ~h~s ~d ~usly adopted. G~-~ S~NG: ~. W. B. Fralin, Atto~ey~ representing ~ergency ~d ~d SedUces, appeared ~fore Co~cl~ ~d re~ested ~at ~e City o~ ~oke provide $20,000.00 to ~=g~ ~d ~d Se~ices to ~ used as ~ ~erg~ gr~t ~n order to provide c~t~z~s of ~e City of ~anoke w~ f~ds for f~, clo~ng~ ut~lities ~ o~er bare essentials ~n t~s o~ ~ue ~. Tho~s ~ved ~at ~e ~tter ~ referre~ to Co~cll acting as a C~ttee of ~e ~ole foZ1~ng ~e regular Co~c~l ~eting fo~ d~scussion along wl~ relate~ ~tters relative to rev~ue sharAng. ~e ~t~on was sec~de~ by ~. ~out ~ ~an~usly adopte~. POLI~ DEP~T= ~. ~rt W. ~ers represent~g N~ght Patrol Se~ce of Ro~okel ~ Valley Sec~ity an~ Detec~ve Service of Roanoke~ appeare~ ~fore Co~c~ an~ re~ested ~at s~ ~acted whereby all security businesses are ~oroughly checked ~ough City of Ro~oke Police ~par~nt to ascer~in ~elr qualifications an~ cred~b~lity to perfo~ ~d operate such se~ices. ~. ~s ~ve~ ~at ~e ~tter be referred to ~e C~ty ~nager ~d ~e City Atto~ey for study, re~rt ~ fecundation to Cocci1. The motion was secon~e~ by ~. L~sk ~ ~ously a~opte~. PETiTiONS ~D CO~TIONS= ~ S~NG~PPOR~T~ I~US~TZON ~R= ~. Earl Reynolds, Jr., Co~se~or, ~port~t~es ~n~ustr~al~zat~on ~fore Cocci1 ~ re~ueste~ ~at Co~cil provide proposed operation of a self-help ~prov~nt progr~ for ~carcerate~ ~n from~ and/or, who; int~ to l~ate upon release ~ ~e ~oke ~o~litan s~t~s~cal area~ advis~g ~at ~e ~o~t o~ money ~nvolved for ~e local ~tch ~s $4,255.00. In ~s co~ec~on~ ~e City ~ager s~tte~ a ~itt~ report a~v~s~ng ~at s~nce ~s progr~ ~s oriented at a s~te facility, as it ~s not predo~n~tly ori~te~ at c~ty resi~ ~d as ~ alte~ative so,ce of f~s ara available, it is his reco~n~ation ~at ~e city, ~yon~ ~e a~n~s~a- tire c~t ~er~t ~n s~nsorsh~p, not participate ~n (For fu~l text, see re~rt as f~le~ ~n ~e C~ty Clerk*s Office.) ~. ~s ~veQ ~at ~e ~tter ~ referre~ to Co~c~l act~g as a ~ttee of ~e ~ole fo11~ng ~e regular Co~c~l ~et~g for d~sc~sion along wi~ relate~ ~tters relative to revenue sharing. The ~t~on was seconded by ~. Trout an~ ~ously 445 STADIa-OPPORTUNITIES INDUSTRL~IZATION CENTER~ A co~aunica~on £ro~ ~ro George Eo Franklin, Executive Dlrector~ Opportunities Center, expressing the desire of OIC to continue utilizing its facility housed under the east stands of Vlcto~ Stadium, advising that OIC wishes to enter into a new lease as an independent entity and requesting that Council consider increasing the space to be occupied to include the area once occupied by Civil Defense located on the northeast co~ner of the stands and the parking facility adjacent to these stands, vas before the body. (For full text, see ccm~unicatiun as filed In the City Clerk's Office.) Kr. Thomas ~oved that the matter be referred to the City Hanager for study, report and reco~mendation to Council. The ~otion was seconded by Trout and unanimously adopted. POLICE DEPARTH~NT-HUNICIPAL BUILDING: A communication from Mr. George L. Hull, Distribution Center Manager, HcKesson & Robbins Drug Company, advising that due to the nature of hie business, he ts required to have a complete alarm system in the hullding~ and protesting the unfair and unjustified charge of $25.00 imposed by the City of Roanoke for false alarms which are beyond the control of his company, was before Council. Mr. Thomas moved that the ~atter be referred to the City Manager for study, report and reco~nendation to Council. The motion was seconded by Dr. Taylor and unanimously adopted. STADIUM-AUDITOP~IUM-COLISEUH: A co~ununicatlon from Mr. Robert H. McLelland tendering his resignation as a m~mber of the Roanoke Civic Center and Stadium Advisor~ Comm/ssion, was before Council. Mr. Lisk moved that the resignation be accepted with regret. The motion was seconded by Mr. Trout and unanimously adopted. REPORTS OF OFFICERS: BUDGET-CITY ENGINEER-BUILDINGS: The Director Of Technical and A~nistrat~ve Planning submitted a written repert of the City Manager recom- mending that Council appropriate an additional $6,500.00 to Contractual Services under Section %748, 'Engineering and Building Inspection,' of the 1974-75 budget, to provide funds for a continued program towards razing con- deigned buildings in th~ C~ty of Roanoke. (For full text, see report as ~iled in the City Clerk's Office.) Dr. Taylor moved that Council concur in the report of the City Manager and offered the following emergency Ordinance: (~21865) AN ORDINANCE to amend and reordain Section %?48, 'E~g[neer- lng and Building Inspection,' of the 1974-75 Approprlatlon Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 186.) ~44U Dr. Taylor In.red ~he adoptiol~ of ~ho Ordnance. Tho ~2~on seconded by ~. ~out ~ adopted by ~e Eollo~n~ v.tot AYe: ~ssrs. Ga~l~d~ H~d~ ~sk~ Ta~lo~ ~s, ~ou~ ~d ~yor ~eb~r .............................. ~YS: ~one ..................... 0. BU~-POLI~ DEP~ ~e Director of ~c~ical ~d rive Pl~g s~tted a ~tt~ re. Et oE ~e C~t~ ~a~e; adv~sin~ rec~tl~ ~e c~ty sus~ned 2o~1 loss of one ~to~cle vhen a ~to~82 sve~ed in fE~t oE a ~l~ce off~cer-opera~r ~ho ~as res~nd[nq to an ~rgency call, ~ec~ding ~a2 Co~cLl appropriate $2,485.00 to provide for ~e p~chase a ne~ ~tor~cle, ~1~500.00 of which vlll ~ re~ursed to ~e c~ty as pa~enh for ~e ~ecked (For full t~, See ;e~t as f~led in ~e C[2~ Cle;kes ~. Trou~ ~ved ~a2 Co.cAi conc~ in ~e repo~2 of ~e ~na~er and offered ~e roll. Lng ~ergen~ Ordin~ce; (J21866) ~ O~I~CE to ~nd and reorda~n Section J354r o[ ~e 1974-75 Appropriation OFdin~ce~ ~d provld~ng for an (For full kex2 o[ Ordinance, see Ordinance ~ok No. 40, Page 187.) ~. T~ou~ ~ved ~e adoption of ~e Ordinance. The ~ion seconded by ~. ~s ~d adopted by ~e foll~ing vote= AYe: Hessrs. Garl~d, H~ard, ~sk, Taylor, Tho~s, Trout and Mayor Weber ................................ NAYS: None ........................ 0. CI~ ~ING H~: The D~rector of Tec~[cal ~d A~n~s~at~ve Pl~g s~tted a ~tt~ report of ~e C~ty ~ager rec~end[ng ~at Cocci1 au~or~ze ~e execution of an agre~t wi~ ~ey and Boynton, ~ch[tects ~d ~gineers. for ~e preparation of cons~ction d~n~ for ~ch~ical ~d elec~cal ~rk needed at ~e City Nursing HO~. (For full text, see re~rt as f~led ~n ~e City Clerk*s ~. ~sk e~ressed his conce~ ~at it ~uld ~ pr~t~e for ~cil to invest $150,000.00 ~ ~e h~e ~t~l o~er alte~atives have been e~lored, advising ~at action on ~e report of ~e C~ty ~ager should be delayed ~t~l ~e City ~ager f~shes Cocci1 wi~ facts ~d f~gures relative to private facilities us~g federal ~ney vereus ~e City of Ro~oke operat~g Its ~ h~e. ~. H~ard also e~ressed rese~a~ons ~ut spending $150,000.00 on agog build.g, advising ~at ceftin ~estions have ~ put to ~e City ~ager as to ~e cost o~ con~ac~g ~or ~ese seduces as co~ared to City of ~oke fu~ishlng ~ directly, ~at Co~cil has never received a res~nse for ~at [nfo~t[on and ~ved ~at ~e ~tter ~ deferred ~t[1 447 t. ha regular ~eetlng of Council on Nondsyw October 28w 1974, and that the City Hanagor submit a report to Council that wlll reflect such facts and figures. The motion was seconded by M~. Llsk and unanimously adopted, AZI~OR?z The Director Of ~eebnical and Ad~nist~atlve Planning subc~ltted a ~r~ltt~n report of t~e Cl~y ~tnager ~n connection witch t.~s VIP ~ounge and the Conference Pa3cm at Roanoke Nuniclpal Alrpor~ Wood~m recc~mending ~hat the city have the polic~ of z~tk~ng these rooms available for use free Of charge for official city bus,ness ~nd to those persons having fixed businesses at t~e airport, and further reco~nding that the city charge a fee for the use of these-rooms to those persons desiring to utilize them for other than airport related business. (For full text~ see report as filed la the City Clerk"s Office.) H~. Thomas moved that the matter be referred to the Airport Advisory Commission for study, report and reco~endation to Council. The motion was seconded by H~. Garland and unanimously adopted. pOI,IC~ DEPARTHENT; The Director o£ ~chnical and Administrative Planning sutxnitted e w~£tten report of the City Hanager in connection with a meeting held with Hr. I~Vin L. Blount~ 806 Houn~ain Avenuew S. E., on October 7, 197¢~ to discuss Hr. Blountts views on law enforcement and police officer pay, advising that Mr. Blount was assured that well-founded requests for additions to police authorizations have traditionally been favorably considered by Councll~ that studies contlnually in progress should result in more personnel in beat and district assignments in the future and that every practical Of combatting crime will be effected. {For full text, see report as flled in the City Clerk's Office.) Dr. Taylor moved that the report be received and filed. The motion was seconded by Hr. Th0~as and unanimously adopted. CITY E~GZNEER: The Director of Technical and Admlnis~rative Pla~Lning sttt~aitted a written report Of the City Manager reco~ending that Council authorize execution of Change Order No. 1 to the contract with Fr~e Building Ccaapany for the construction of the Public Works Service Center, in the amount of $6,148.00, and that a contract tim~ extension of 35 days be granted. (For full text, see report es flled in the City Clerk=s Office.) After a discussion of the matter, Hr. Thomas moved that the report be referred back to the City Manager for a more detailed report relative to the request for said change order. The motion was seconded by Hr. Lisk and unanimously adopted. STP. EETS AND ALLEYS-PARKING GARAGE= The Director of Technical and A~ministrative Plailning subalttted a written report of the City Ma/lager in 448' connection with widening. Chuzch Avenue between F~rst~ Street: and Second S~eet~ S. W., advising t~at the;1985 Ha:Jot ~o~oughfa~e PI~ for ~e Rg~oke Valle~ ~d ~e ~afflc ~d Pa~klng ~alysis ~o~ ~e. Ro~oke Cen~al Business Dls~lc~ cells fo~ ~e vld~g of ~ch Avenue ~o 40 fee~ of peved roadway ~een First S~ee[ ~d Second S~eet~ S. W,, ~at ~ls rec~ded is adjac~t to ~e' pro~sed H~lc~pal P~king Garage at ~e co.er of S~eet ~d ~ch Av~ue~ S. ~., rec~d~ ~a2 ~urch Aven~e ~ wid~ed d~ng ~e c~st~cti~ of ~e ~rking garage to a vid~ of 40 fee2~ f~er re~d~g ~at Co~cil ~e ~e necessa~ acti~ to ~lfy ~e Thoroughfare Plan accordin~ly~ ~d ~n o~der ~a2 ~ch Avenue ~gh2 ~ widened for ~e ~tire bl~k, 12 would ~ recorded ~a2 Co~cil au~orize ~e City 2o ~ter into ne~otia2~ons for ~ add~tional ten feet of rl~h~ of way for ~e ~lnder sE ~e bl~k ~een Second S~eet ~d ~ch Avenue~ S. W. (For full text~ see repor~ as filed in ~e City Clerk*s Office;) ~. Garl~d ~ved ~a2 ~e C~2y ~age~ ~ au~orized to nego21ate for ~e additional t~ feet of r~h~ o~ way ~or ~e ~inder of ~e bl~k ~t~een Sec~d S~ee2 ~d ~ch Avenue~ S. W. The ~t~on was seconded by ~. L~sk and ~ously ~dopted. ~GIO~ JAIL~ The Director of Tec~ical ~d A~nis~ative Pla~in~ s~i~ed a writt~ repor~ of ~e City ~a~er reco~nd~g ~at ~e City ~nager be au~orized ~o ~er into contrac~ ~i~ Hayes~ Seay~ ~e~ and ~tte~ Mchitects and ~gineers~ to prepare ~e progr~ develop~nt study of ~ new regional ja~l and co.ts facility, at a cost not to exceed $2~,000.00, ~d ~e architect~al des~ of ~e facility at a fee of 6.04 per c~t. (For full text, see re~rt as f~le~ ~n ~e C~ty Clerk's O~f~ce.) In a d~scussion, ~. H~ar~ suggeste~ ~at co~cll au~or~ze ~e progr~ davalopm~t study, ~en pause, ~ not procee~ w~ ~e desi~ of ~e bulldog ~t~l ~e city ~s what ~e pr~r~ calls for. Dr. Taylor ~ved ~at ~e City Atto~ey. ~ ~ns~cte~ to prepare proper meas~e au~oriz~g a con~act to be ~tere~ into w~ Hayes, Seay~ ~tte~ ~d ~ttern for ~e progr~ develo~t study. ~. The,~t~on was seconded by ~. Th~s ~ ~usly a~opte~. d~g ~e developm~t study, to ~nsult wi~ ~e m~rs of Co~c~l as a Co. tree of ~e ~ole, to get ~e ~oughts of Co~c~l on ~e ~tter. mot~on was seconded by ~. L~sk ~ ~ly adopte~. ~CT~ONS= The C~ty Atto~ey s~tted a ~itt~ report adv~s~g ~at by letter of ~e ~par~t of Justice ~te~ ~to~r 1, 1974, ~e City Atto~ey~s Off~ce has be~ advise~ ~at ~e Atto~ey ~neral does not ob~ec~on ~er ~e Vot~g ~ghts Act of 1965 to ~ establ~s~t of a Cen~al Absentee Voter Dls~lct for the City Ord~ce ~o. 21708~ ~e provisoes o~ ~ ~11 ~ applic~le ~o elec~ons held s~s~ to July 29~ 1974~ al~ough l~ my ~ necesaa~ fog Cocci1 to ~e s~lar pgovls~ ~ually ~. Garl~d ~ved ~at ~e re~r2 ~as seceded b~ ~, ~ou~ ~d ~usl~ adopted, STA~ ~O~TION ~SSION-~P~CH~ ~sSS~t C~ty At~o~ey s~kte~ a ~itk~ re~rt a~v~s~g ~at ~ ~nday~ ~to~r 7~ ~974~ he appeared ~fore ~e State Co,ration C~ssl~ as off~cial represen~tive of Co~cl~ on ~ application by Appalach~ Power Co~y for ~ ~erg~cy ~ncrease Sn ~e bas$c rates charge~ its cutters, ~at he rea~ to ~e C~ssl~ Resolut$on No. 2~820 an~ ~at copses' of Resolut$on were se~ed u~ ~e State Co,ration C~ssion~ ~e Atto~ey ~neral~s Off~ce ~d ~e Registere~ Ag~t for Appalachi~ Power C~y. ~. Lisk move~ ~at ~e re~rt ~ received ~ f~led. The ~tion was seconded by Dr. Taylor ~ ~us~y ad~pte~. A~TS~ The D~rector of F~n~ce s~tted a f~cSa~ re~rt of ~e City of Ro~oke for ~e ~n~ of Sept~r~ 1974. ~. Trout ~ed ~at ~e re~rt ~ receive~ ~ f~le~. The mot$on was seconde~ by Dr. Taylor ~ ~ously adopte~. PUBLIC ~ The D~r~ctor of F~n~ce s~tte~ a ~n~ly s~t~t of ~xp~t~es for p~lic welfare for ~e ~n~ ende~ Sept~er 30~ 1974. Dr. Taylor ~ve~ ~at ~e s~t~t ~ receive~ and file~. The ~t~on was eeconded by ~. L~sk ~d ~y adopted. ~PORTS OF S~ ~ S~ D~INS~ The Water Reso~ces C~ttee s~tted a ~itten report Sn co~ect~on wi~ ~e re~est o~ ~er$c~ Valley l~s~ Inco~orate~, to const~ct a sewage holing ~ t~ con~olle~ so as to ~ d~g non-~e~ ho~s ~to ~e Fr~l~ Roa~ Snterceptor, reco~nd~ng ~at ~er$c~ Valley I~s ~ au~or~ze~ to sol,cSt approval fr~ ~e State Heal~ Depar~t ~ ~e State Water Con~rol Board to cons~uct a new ~tel on Fr~l~ Roa~ to ~e sou~ of ~e city l~ts to ~e c~ty~s Fr~l~ Roa~ ~terceptor ~er cardin stipulations. (For full text, see report as file~ ~ ~e C~ty Clerk's Office.) ~. L~sk ~ve~ ~at ~e report ~ carrSed over ~d discusse~ at a later t~e. The ~t~on was seconde~ by ~. Trout ~d adopted, ~. ~o~s not P~SIONS: The Secre~-Treas~er of ~e ~ar~ of T~stees of ~e ~ployees~ Referent Syat~ s~tte~ a ~$tt~ report ~s~tt~g cop~es 449 :450 of the audit of the Employees' Retirement System made b~ the fir~ of Edvards & Company, Certified Public Accountants, fo: the fiscal year ended June 30, 1974. Hr. Lick moved that the report be received and filed. The motion vas seconded by H~o Trout and unanimously adopted. UNFINISHED BUSINESS: NONE. ~ONSIDERATION OF CLAIMS~ .NONE. INTRODUCTION AND CONSIDERATION OF OROINANCES AND NESOLUTIONS~ REGIOHAL JAIL-T~A~FIC: Ordinance No. 21861 accepting the proposal of J & S Parking Con,any, Incorporated, to operate a public off-street parking facility on certain property owned by the city, on a month-to-month basis and upon other express terms and conditions, having previously 'been before Council for its first readlng, read and laid over~ was again before the body, Hr. Trout offering the following for its second reading and final adoption: (121861} AN O~DINANCE accepting the proposal of J & S Parking Company, Incorporated~ to operate a public off-street parking facility on certain pro~erty owned by the city, on a month-to-month basis and upon certain other express ter~s and conditions. (For full text Of Ordinance, see Ordinance Book 1~o. 40, Page 184.) Hr. Trout moved the adoption Of the Ordinance. The motion was seconded by Mr. Ltsk end adopted By the following vote= AYES= Messrs. Garland, Hubard~ L~sk~ Taylor, Thomas, Trout and Mayor Webber ............................ NAYS: None ...................0. CITY GOVEP~NMENT-AUDITOR~UM-COLISEUM: Council having directed the City Attorney to prepare the proper measure providing for the permanent dlsplay of certain gifts and objects received by the city from the City of Wonju, Republic of South Korea, its Sister City~ in certain locations in the auditorium at the Roanoke Civic Center, he presented same~ whereupon~ Mr. Lisk offered the followlng Resolution: (121867) A RESOLUTION providing for the permanent display of certain gifts and objects received by the City from the City of Wonju, Republlc of South Korea, its Sister City, in certain locations in the auditorium at the Roanoke Civic Center. (For full text of Resolution, see Resolution Book No. 40, Page 187.) Hr. Lisk moved the adoption of the Nesolut~un. The motion was seconded hy Dr. Taylor and adopted by the following vote: AYES= Messrs. Garland, Hubard, Lisk~ Taylor, Thomas, Trout and Mayor Webber ...........................?. NAYS= None .................... 0. .C BUDGET-COMPrEHENSIVE EMPLOYMENT AND TRAINING ACT: Dr. Taylor offere~ the following emergency Ordlnanca appropriating line items to the ' budget of the Comprehensive Employment and Training Act~ (%21868) At/ ORDINANCE to amend and reordain Section %S30, of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 188.) Dr. Taylor ~oved the adoption of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber .............. ~ ............ NAYS: None ..................0. BUDGET-REVENUE SHARING: Mr. Trout offered the following emergency Ordinance decreasing Salaries and Wages under Section %347, 'Fire Department," in the amount of $583,881.00: (%21869) AN ORDINANCE to a~_ild and reordain Section %347, =Fire D~partment,' of the 1974-75 Appropriation Ordinance, and providing for an e~ergency. (For full text of Ordinance, see Ordinance Book No. 40m Page 189.) Mr. Trout ~oved the adoption Of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote: AYES: Messrs. Gar/and, Nubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................ ?. NAYS: None ...................0. Dr. Taylor then offered the following emergency Ordinance decreasing Revenue Sharing Trust in the amount of $583,881.00 and appropriating $583,881.00 to Salaries and Wages under Section %347, 'Fire Department~' of the 1974-75 budget: (%21870) AN ORDINANCE to amelld and reordain certain sections of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text Of ordinance, see Ordinance Book No. 40, Page 189.) Dr. Taylor moved the adoption Of the Ordinance. The motion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Subard, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................ ?. NAYS: None ...................0. MOTIONS AND MISCELLANEOUS BUSINESS: PENSIONS: Council having previously requested that the City Attorney su~t a legal opinion as to what action Council can take, if any, in accordance with City Code provisions and/or state statute relative to the 451 request of'l~o ~oseph D° Haxey~ a ~etirsd city £1~eJola~ fo~ Accidental Disability Retir~ment ~ll~ce~ ~, ~lsk lnqulre~ of ~e City ~tto~ey as to vh~ ~at re~=t rill ~ pres~ted to Co~cll. In a ~s~ssl~' of ~e ~tter wherein several ~rs of Co~cll ~ressed a desire to assist ~. ~ey, ~. H~d ~ved ~at ~e ~ referred to ~e ~rd of T~stees of ~e ~l~ees" Retir~nt Syst~ ~d ~e City Atto~e~ for ~e p~se o~ ~g a rec~n~t~ to Co~cll as to ~e ~st ne~ to acc~lish ~e r~est of ~. ~xey eider ~side or ou~ide ~e city ~etir~t sys2~. ~he ~tl~ vas seconded by ~. ~d ~en~usly adopted. CI~ ~ The City Clerk red,ted ~a~ ~s. ~udl~ H. St. Clair has q~lified as ~puty City Clerk o[ ~e City oE ~oke effective ~ko~r 1, 1974. ~. Llsk ~ved ~a2 ~e re~r2 ~ received ~d filed. The vas seceded by ~. ~h~s ~d ~usly adopted. LIB~t The City Clerk repo~ked ~a2 ~. W. Cour~ey King, JE., has ~alified as a n~r of ~e Ro~oke P~lic Llbra~ B~d to f~ll ~e ~e~[red ~e~ o~ ~. ~esse ~. ~endows, res~ed, endin~ J~e 30, ~. Lisk ~ved ~a~ ~e ~epo~2 ~ received ~d filed. The ~kion was seconded by ~r. TayloE and ~usly adopted. ~R ~NGS OF BU~ET-S~t Dr. ~h~s ~aue~, ~a~al Science D~vis~on Chai~ o~ ~e Weste~ D[V~s~ Science ause~ o~ V~rg~[a, appeared ~fore ~d re~ested an ap~o~ria~i~ o~ ~5,2~5.00 to ~rov~de f~ds for ~rel~a~ ~aw~g e~ses for a pl~e~rl~ ~at will adjo~ ~e Western Division Sci~ce ~use~ of Vlrghi~. ~. Llsk moved ~at Co~cll conc~ ~ ~e request ~d offered ~e foll~ing ~rg~ O~ce appropriat~g $5,265.00 to Con~[buk~ons ~der Section ~48000, 'S~ls - Pl~e~rl~,' of ~e 1974-75 budget= (~21871) ~ O~IN~ to ~d ~d reor~ Section ~48000, 'Schools - Pl~e~r~,' of ~e 1974-~5 Appropria~on Ord~ce, ~d for an ~rg~. (Fo~ full text of Ord~ce, see Ord~ce ~ok No. 40, Page 190.) ~. ~sk ~ved ~e adoption of ~e Ord~ce. The m~ion was ' seconded by ~. ~out ~d adopted by ~e foll~g vote= A~S: Messrs. Gaffed, H~ard, ~sk~ Taylor, Tho~s, Trout ~yor W~r ............................. 7. ~YS~ N~e ..................... 0. ~B~TIONS-~S~.t.~OUS~ A c~ication from ~. ~oseph ~. Wars, Presid~t, Not.west Jaycees, seek~g ~e ~dors~t of Co~cil for a 453 Halloween project to be known as "A Clean Halloween," advising ~hat concept is ~o run a 'haunted house' fro~ October 25 through October 31, 1974, at the ~anoke Sale~ Plaza ~n the b~lding formerly occupied by Hllex Tune-Up Services, and requesting the full svpport of Council in the endeavors of the Northwest Ja¥cees in having 'A Clean Halloween' for the City of Roanoke and the surrounding areas, was before the body. Mr. Garland moved that the C~ty Attorney be instructed to prepare the proper measure advising of the ~ull support Of the Council Of the City o~ Roanoke in the endeavors of the Northwest Jaycees for a program entitled eA Clean Halloweenm for the City o~ l~oanoke and the surrounding areas. The motion was seconded by Mr. Hubard and unanJ~nously adopted. There being no further business, Hayor webber declared the meeting adjourned. APPROVED Mayor COUNCIL, REGULAR ~TING, Monday, OctOber 21, 1974. The Council of the City of Roanoke met In regular meeting In the Council Chamber in the Municipal Build/rig, Monday, October 21~ 1974, at 2 p.m., the regular meeting hour, with Mayor ~oy L. Webber presiding. pRESENT: Councilmen ~obert A. Garland, William S. Hubard, David K. Lisk, Noel C. Taylor, Hampto~ W. Thomas and Mayor Roy L. Webber .......... 6. ,~.B~F,.,~= Councilman James O. Trout ............................. 1. OFPICERE PRESENT= Mr. Byron E. Haner, City Manager~ Mr. Sam McGhee, III, Assistant City }~anager; Mr. James N. Klncanon, City Attorney~ Mr. H. Be~ Jones, Jr.~ Assistant City Attorney~ Mr. A. N. Gibson, Director of Flnance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION= The meeting was ope~ecl with a prayer By the Reverend David H. Howell, Pastor, Windsor Hills United Methodist Church. MINOTES: Copy of the minutes of the regular meeting held on Monday, October 14, 1974, having been furnished each me~uber of Council, on motion Mr. Thomas, seconded by Mr. Lisk and adopted, the reading thereof was disposed with and the m~nutes approved as recorded. HEA~ING OF CITIZENS UPON PUBLIC MATTERE: AMBULANCES= Mr. Clifton A. Wooc~, III, Attorney, representing United Ambulance Service, appeared before Council a~d advised that in April, 1971, Councll was requested by United Ambulance Service to consider requiring a certificate of necessity and convenience for the operation of ambulances the City of Roanoke, that Co~ncil referred this ~atter to the Health Council who studied the proposal and reported its findings to City Council ~n January, 1972, that the report of the Health Plann~g Cot~ncil recommended the adoption of an Ordinance and a sample Ordinance was submitted, that Council adopted an Ordinance concurring with the overall objectives of the report, that numerous hearings and conferences ensued concerning the advisability of adopting such an Ordinance hut no Ordinance has been adopted, that tn the past few months, United Ambulance Service has conferred with the Co-ordinator oE Emergency Services of the City of Roanoke, the captains of the various rescue squads operating in the City of Roanoke and has drafted an Ordinance which hopofully incorporates the best parts of the Ordinance proposed by the Health planning Council and the expertise and input of the leadership of the rescue squads and the Emergency Services Co-ordlnator and reguest[ng that the Ordinance as ~ritte~ be adopted By the Coencil of the City of Roanoke. In this connection, a cc~munication from Mr. James W. Dean, Jr. Captain, Roanoke Life Saving & First A/d Crews, Incorporated, advising that the ~oanoke Life Saving C~ew has unanhnously endorsed the Ordinance and urges 'chat Council a~opt it as presented, was before the bo~y. Mr. Thomas moved that the matter be referred to the ~oanoke Valley ~egional Health Services Planning Council for study, report and reco~uendation to Council by the regular meeting of the body on Honday, November 11, 1974. The motion was seconded by Hr. L~sk and adopted. PETITIONS AND CO~4UNICATIONS = HOUSING-SIJJM CI~-2~RANCE= A co=~mnicatlon from Mr. Russell R. Henley, Executive Director, City of Roanoke Redevelopment and Housing Authority, advis- ing that Council approved an Ordinance and ~xecutc~ a Revised Cooperation Agreement dated August 12, 1974, to continue the Gainsboro Neighborhood Development Program, that in addition to this Ordinance and Cooperation Agreement, the Department of Housing and Urban DeYelopmant has informed the Housing Authority that a Resolution approving a neighborhood development program, an annual increment thereof and the filing of an application for flnancial assistance must be passed by Council before the federal funding can be made available and respectfully requesting that Council adopt such a Resolution, was before the body. Hr. Lisk ~oved that Cou-ncil concur ~n the request of the Housing Authority and offered the following Resolution: (%21872) A RESOLUTION approving a neighborhoo~ development program, an annual increment thereof and the filing of an application for financial assistance for the Gainsboro Neighborhoo~ DeveLopment Program, Program No. VA. A-6. (For full text of Resolution, see Resolution Book No. 40, Page 191.) Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote= AYES= Messrs. Garland, Hubard, Lisk, Taylor, Thomas and Mayor Webber ................................ 6. NAYS= None .................0. (Mr. Trout absent) S~q~ERS AND STORM DP.~XNS: A co~/nication fro~ Hrs. Rose J~nn~ngs, 2718 Tremont Drive, N. W., requesting a sewer hookup to her property, advising that the cost of the lateral will be $178.00, plus $80.00 for the hookup charges, and the charge for a plumber to ~ake the l~ne to the street ks $500.00, that she ks not financially able to pay all the expenses, and requesting that Council waive the $178.00, plus $80.00 or place a lien on her property until she can repay the money on a monthly basis, was before the bo~y. Mr. Thomas moved that the matter be referred to the City Manager for study, report and rec~ndation to Council. The motion was seconded by Dr. Taylor and adopted. 455 CLERK OF THE ClP~JIT COURT-BUD~T~ & cc~nunicatlon frc~ R~ ~rter~ ~r., Clerk of ~e Clrg~t ~t of ~e City of ~noke~ co~res~d~ce relative to pa~k of adv~tis~g costa for refe~d~ on. ~e S~ Closing ~ ~f~r~d~ ~as ~for~ $106,26 ~ Adve~tis~g ~der Section 1~25~ 'Cla~k of ~e Circuit ~e 1974-75 budget, 2o p~ov~de f~ds fo~ ~ ~dv~t~slng costs~ (~21673) ~ O~I~ ~.~d ~d reordain Section [125, 'Clerk of ~e Ci~cuit Co~h,' of ~e 1974-75 Appropriation Ord[n~ce, ~d p~ovidin9 for (For full text of Ordin~ce~ see Ordinance B~k No. 40~ Page 192,) ~. Garl~d ~ved ~e adoption o[ ~e Ordnance, seconded b~ ~. H~a~d and ~dopted b~ ~e foll~l~g AY~ MeSS~S. Garl~d~ H~d, ~sk, Taylor, Th~s and ~yor Weber ..............................6. ~YS= None ............... O. ~. ~out abs~t) ~PORTS OF S~ OF PROPER~P~ ~ ~e City ~nager s~tted a ~tt~ report advising ~t by Resolution No. 21486 Co~c[~ au~or~zed ~e C~ty ~ager to negotiate w~ each ~d eve~ ~er of property tu acquire ~ fee s~le ~e parcels of l~d contained ~n bl~k lying be~e~ 11~ S~eet ~d 12~ S~eet~ S. W., front~g on Jackson Avenue, S. W., for park ~d recreational ~oses, ~at ~e c~ty has an offer fr~ ~. J~s Crouch, Jr., to sell t~ lo~, Official T~ Nos. 1211402 and 1211403, for ~e s~ o[ $2,000.00 ~d $1,600~00, respectively, ~d rec~end~g ~at Cocci1 approve ~e p~chase of ~ese ~ parcels of l~d. (For full text, see report as f~led ~n ~e City Clerk's Of~ce.) ~. H~d moved ~at Co.cji cunc~ in ~e report of ~e City ~ager ~d offered ~e foll~g ~rg~ Ordinate: (~21874} ~ O~I~ au~or~z~ng ~d providing for ~e c~ty's ac~isi~on of t~ adjac~ lots o[ l~d ~ ~e easterly l~e of 12~ S~eet, S. W., for ~llc =ecrea~onal ~ses~ ~d prov~d~g for ~ ~ergen~. (For full text o[ Ordin~ce~ see Ordin~ce ~k No. 40, Page 192.) ~. H~d ~ved ~e adop~ o~ ~e Ord~n~ce. ~e ~tion was seconded by ~. G~l~d and adopte~ by ~e foll~g vote: AYES: Messrs. Garl~d, H~ard, ~sk~ Taylor, Th~s ~d ~yor Weber ............................... 6. NAYS: None .................0. (~. ~out ~s~t) ~ ~GI~-F~= The C~ty ~ag~ s~te~ a ~itten r~rt advis~g ~at all 1975 aut~biles ~ light ~cks re.ire ~e use of no-lead gasoline, that it is l~poztant that the ney Public Works Service Center be equipped to handle this'fuel, as well as both regular and premium fuel, that $$,200o00 ia included in the Hotor Vehicle Haintenance Account for the Salem Avenue facility, reco~nding that Council concur in the deletion of the Salem Avenue gasoline dispensing system and authorize those funds to be used to purchase a tank, pump, etc.~ £or the Public Works Sea-vice Center. (For full text, see report as filed in the City Clerk*a Office.) Dr. Taylor moved that Council concur in the report of the City Hanager. The motion '.~as seconded by H~. Thomas end adopted. ' AIRPORT~ The City Manager submitted a written report advising that Council previously authorized execution Of en agreement with American Locker ~om~any, In¢orporated~ for the installation Of auto,erin parcel checking lockers at Roanoke Municipal A~rportw Woodrum Field, that American Locker Company now wishes to install new lockers to make a total Of six each $0.25 lockers and eleven each larger lockers with $0.50 locke, requesting authority to execute the proposed agreement, subject to approval by tho City Attorneyw and that American Locker C~mpany continue to be exempt from the $200.00 per year business fee as Set forth in Title VIII, Chapter 5, Section 6, of The Co~e of the City of Roanoke, 1956, as a~-nded. (For full text, see report as filed in the City Clerkts Office.} After a discussion of the matter, Mr. Thomas moved that the report b~ referred to the Airport Advisory Ccmmdssion for study, report and recommenda- tion to Council. The motion was seconded By Mr. Garland and adopted. REGIONAL JAIL= The City Manager su~mitted a written report transmit- ting copy of a communication from Mr. Jack F. Davis, Director of the Department of Correct~ons, l~/chmond, Virginia, advising that th~ Department will hold a series Of public meetings throughout the Co~nwealth Of Virginia from October 22 through Nove~mber in an effort to clear up misu~derstandings and misconceptions about the correctional system and that the hearing scheduled for Roanoke will be on October 24, 1974, at ?=30 p.m., at the National Guard Armory. Mr. Hehard moved that the report he received and filed. The motion was seconded by Dr. Taylor and adopted. COUNCIL= The City Manager su~tted a writtun report requesting an Executive Session with the ~e~bers Of Council to discuss a real estate matter. Dr. Taylor ~ved that Council concur in the request of the City Manager for un Executive Session. The motion was seconded by Mr. Thomas and adopted by the following vote= AYES= Messrs. Garland, Hubard, Iz[sk, Taylor, Thomas and Mayor Webber ......... J ........................... 6. NAYS: None ......................0. (Mr. Trout absent) ;457 SE~S AND STORM DItAIHSz ~ho Clt~ Atto~ne~ SubeLitted a ~ltten Ee~Et advis~g ~at ~e Supz~ ~t of VIFg~la has affi~d ~e o~e~ of ~e Clrc~t Co~t of ~e Cit~ of ~e ~te~d ~ ~ H~or~le S~ford L. Fellers, ~ud~e, a~d~g ~eEah~p ~d ~tzol of ~e 8e~ lines ~ ~e Ed~ll Es~tes~ ~effe~s~ Forest S~lvisl~ ~d a ~r~ of ~e ~efferaon Hills S~lvisl~ azeas of ~e city to ~e City of ~oke. (For full text~ see ze~zt as filed ~ ~e City Clerk's Office.) ~. ~s ~ved ~at ~e ze~=t ~ zecel~d ~d filed ~ngratulatl~s to ~e City Atto~ey ~d his a~ff In bringing ~ls ~te= ~ effective conclusion. ~e ~tl~ vas seconded by D=, Taylor ~d adopted. ~TIOH-~NSOLIDATION~ The City Atto~ey s~tted a report advls~g ~at as a result of ~e fling by pa~tles ~ ~e pending ~exation pr~eedlngs of cer~ ~ps ~d ~bi~ set~9 out so-called 'study areas' of ~e co~ty to ~ considered for ~ssible ~exation City of R~noke~ ~dlate ~d int~sive ~alysis o[ ~e pot~tial of areas have ~en needed to ~ ~de by co--scl for ~e city, ~a2 for p~se, he has au~orlzed ~e fl~ oE ~ton Ho~f~ ~d Comply, Inco~orated, Econ~c ~d Vl~in9 C~sul~ts, to a~stst h ~o~e studies ~d testify ~i~ respect ~ereto, and ~s~tting ~ Ord~ce au~orizing such additional 5e~ices at a cost no~ to exceed ~7,250.00 for ~e reco~nded adoption Co~cll. (For full text, see report as filed in ~e City Clerk's Office.) ~. ~sk ~ve~ ~at Cocci1 conc~ ~n ~e re~rt of ~e C~ty Attorney and offere~ ~e foll~ing ~rg~ Or~ce= (%21875) ~ O~IN~ ~ing Or~ce NO. 21544, ~or ~e city's ~gag~ent of cardin professional consul~t seduces upon cer~n te~ ~ con~t~ons~ ~ provid~g for ~ ~rgency. (For ful~ text of Or,in,ce, see Or~ih~ce ~k No. 40,~ Page 193.) ~. Lisk move~ ~e a~opt~ of ~e Or~n~ce. ~e ~t~on was seconded by ~. Garl~ ~ adopted ~ ~e fo11~ing vote: A~S~ Messrs. G~lan~, H~, L~sk~ Taylor, Tho~s and ~yor Weber .............................6. ~YS~ N~e .............. 0. (~. ~out ~s~t) BU~NGS-~ INSPEC~R= ~e ~s~st~t C~ty. Atto~ey s~tte~ a ~tt~ r~rt a~v~s~g ~at ~e elec~ca~ contractors~ ~nation ~ ~e el~ctr~c~s~ ex--at,on fees have not ~ ra~se~ s~ce 1956, ~at ~ncrease~ cos~ ~c~re~ ~n giving ~ese ~at~ons necessi~tes rais~g ~e fees ~d rec~g ~e adoption of such ~ Or~ce. (For f~l t~t~ see report as f~le~ in ~e City Clerk's Off~ce.) After a d~s~ss~on of ~e re~rt~ ~. H~d moved ~at ~ ~tter ~ referre~ ~ ~e C~ty T~S Co, tree ~ ~e City ~ager for study, report and recc~nendat/on to Council by the next regular meeting of the body on Honday, October 28, 1974. The ~o~ton was seconded by ~tr. Llsk and adopted. I~S: Tho Director of Finance sul~ltted a ~ltten report advising that in order to schedule the f~anc~ng needs of the City of ~oanoke for the balance o[ this fiscal year, 12 is necessa~f for Council to authorize the Director of Finance to negotiate short term loans for oporat~ng eXl~enses and finance the const~uc~Lon cost for the additions at the Sewage Treatment Plant, that the city has a temporary borrowing capacity of $12,$09,000.00 and requesting the authorization of Council to borro~ up to $10,000,000.00. (For full text, see report ss filed /n the City Clerkes Office.) Hr. Thomas moved that council concttr in the report of the Director of F~nance and offered the following Resolution** ' (J21876) A RESOLUTION authoriz/ng the negotiation of short-te~m loans for the purpose of pay/ng current expanses or debts of the city. (For full text of Resolution, sea Resolu~Lon Book No. 40, Page 194.) Hr. Thc~as moved the adoption of the Resolution. The motion was seconded by Hr. Lisk and adopted by the following vote.* AYES** He$$r$o Garland, Hubard, Llsk, Taylor, Thomas and Hayor Webber .................................. NAYS** None ................... 0. (Hr. Trout absent) I~EPORTS OF COHM~TTEES .* NOKE. UNFINISHED EUSINESS `* BUDGET-I~VENUE SHARIHGoHUHAN RESOURCES COHHXTTEE** Councll having met as a Co~n~ttee of the Whole ~nmediataly follo~ing the last regular meeting on Honday, October 14, 1974, relative to the matter of the expenditure of federal revenue sharing funds for human service needs and having instructed the City Clerk to place the matter on the next regular agenda of City Council for Honday, October 21, 1974, the matter was again before the body. Hr. Edward S. Allen, District Agent of the Extension Program of Virginia Polytechaic Institute and State university, appeared before Council relative to the Expanded Nu~rit/on Education Foods Program, advising that the purpose of this program is to reach unreached people with a nutrition program which will work to improve total family life, that the City Of Roanoke has presently allocated $2?,088.00 in its 1974-75 fiscal year budget to the program and further rsguesting that an additional $31,000.00 be appropriated in order to ex~and the present ext~nsion unit to cover fifty per cent of the salary of two professional age'ts, four technicians, one full tim~ secretary and additional office space and telephone service. Hr. gubard moved that the request be received and filed and made a part of the official records of Council. The motion was seconded by Hr. Lisk and adopted. 459 :'4So council, a~ l~s last regular neetln9 on ~m~ay~ O~l~r 14~ 1974~ a~ 1ts c~ee o~ ~e ~ole Me~9 on ~a~ 8~ ~e; ~vlng heard ~e ~ues~ of ~erg~ AI~ ~ SedUces ~a~ ~e Cl~y of ~oke con~l~e ~20~000~00 as ~ ~rg~ gr~ ~ o~de~ fo~ ~g~ ~d ~ Se~ices ~ provide citizens of ~oke ~l~ ~ds fo~ fo~ clo~9, u~ll~es ~d o~e~ ~e essen~als In ~s of ~e ~g~ ~e ~e~ vas again ~fo~e (J21877)- ~ O~I~ ~o ~d ~d reor~ Section [891~ ~Non - ~par~al,u of ~e 1974-75 Appropr~a~i~ O~ce~ ~d p~ovid~ng for ~ergency. (For full ~ex~ of Ord~n~ce~ see Ord~n~ce ~k NO. 40~' Page 196.) ~, Lisk ~ved ~e adoptl~ of ~e O~in~ce. The ~tlon was seceded by ~. Th~s ~d adopted by ~e follow~g vote~ AYES: Messrs. G~l~d, H~ard. ~sk~ Taylor, Th~s ~ ~yor Webber .............................. 6. ~YS= N~e ............... 0. (~. Trout Relative to ~e ~tter of rev~ue ~r~g f~ds, Dr. Taylor pres~ted a prepared s~t~t recn~end~g ~at tw~ty per c~t of ~e revenue sharing f~ds be desl~ated for s~ial se~ice progr~ ~t' ~lify, ~d, also ~ fo~ of a h~ reso~ces c~ttee for ~e pu~se of ~nitoring ~d evalua~ng s~ial s~ice pr~r~ especially ~ose ~at seek o~ ~ ~al basis. . (For full t~t, see s~t~t as file~ ~ ~e City Clerk's Office.) Dr. Taylor ~ved ~at Co.oil consld~ sett~g aside tw~ty per c~t of ~e federal rev~ue sharing f~fls for use ~ s~ial pr~r~ ~at ~alify, o~er ~ ~e s~si~y of ~e p~lic tr~s~r~on syst~ to be effective ~is year ~d wi~ ~e ~ders~d~g ~at It will s~e as a ~de for furze. The ~tlon was seconded by ~. H~ard ~ adopte~ by ~e roll.lng vote: AYe= Messrs. G~l~d~ H~ard~ ~sk~ Taylor, Th~s ~d ~yor W~b~r ........................ '--=-6. ~YS= None ............... 0. (~. Trout ~s~t) The City ~ager ~d ~e Dir~ctor of F~ce po~ted out ~at Co~cil has previously pr~sed to f~ce ~1 Ac~on Against Poverty in ~e Ro~oke Valley if necessa~, ~d ii T~ re~es~ ~is fin~cial ai~, it will ~ke allocated money ~ ~re to acc~ate ~eir re.est. Dr. Taylor f~er ~ved ~e fo~tion of a H~ Reso~ces Co.tree for ~e p~ose of ~nitoring ~d evalua~g s~ial semite progr~ especially those th&t seek funding on an mmun! basis, the committee not ~o exceed seven ~embers, with each Councilman' naming one ~r to' the con~ittee. The motion was seconded by Hr. Llsk and adopted by the ~ollo~lng vote; AYES; HessrSo Garland, Lick, Taylor, Thc~nas and Hayor Webber ................... ~ ........... 5. NAYSt Hr. Hubard ..........I. (Hr. Trout absent) Hr. Hubard requested that the recorcl show the following statement relative to his negative vote on the above motion; '! heartily endorse the intent of the motion, but ! feel obliged to vote against it since ! feel that it is parlia- m~Jatarlly defective in that It gives each CounciLman a r~ght to appoint a member to the co=ml~ttee, but does not fix the size of the committee as seven.' After a discussion as to referring further requests for financial assistance to the H~ Resources Committee, Hr. George E. Franklin, Executive Director, Opportunities Industrialization Center, appeared before Council and advised that OIC would like to amend its original request relative to a self-help Lmprovement program for incarcerated men from, and/or, who intend to locate upon release in the Roanoke metropolitan statistical area, to provide that the City of Roanoke act only aa grantee for the SHIP II program and that OIC will advance the $4,256.00 representing the local match, and, after studying the request, if the Hun~n Resources Conm~ttee feels that the $4,256.00 should be granted to OIC, the funds could be reimbursed at a later date. After a discussion of the matter, Dr. Taylor moved that Councll concur in the rec~ndati~ of the City }~anager as it relates to the SHIP II Program. The ~tion was seconded by Hr. Lisk and adopted. (For full text Of City Manager's report, see ~eport as filed in the City Clerk's Office.) Mr. Thomas moved that the following requests be referred to the Human Resources Comnu[ttee for study, report and reco~nendat~on to Council: (1) The request of the Virginia Polytechnic Institute and State University Extension. Services that an additlonal $31,000.00 be appropriated to cover fifty per cunt of the salarY of two pr0fessional agents, four technicians, one full time eecretarY~ and additional office space and telephone service relative to the Expanded Nutrition Education Foods Program. (2} The request of Opportunit~es Industrialization Canter for $4,256.00 to provide for the local match for the proposed oPerat/un of a self-help improvement program for incarcerated man from, and/or, who, intend to locate ~pon release in the Roanoke Metropolitan Statistical area. {3) The request of Total Action Against Poverty in Roanoke Valley that Council support two grant applications to the Division of Just[ce and Crime Prevention, namely= a job and education project, in the amount of $49,469.00 with a five 461 pez' ce~t: loan1- ~,af~.b. o£. ~;2 ~ 4 8 8 ~ OOi and .a. ze, J.4e-~tla]. L~:eataant and 3cehab11:L~a'c/on £acJ.:).lty, in the amount of .~7~08S*O0~.vlt,~ a f.tve;pe~ cent local ~atch of ~4,35¢,o.o,. , (a) A cmmmnlcatlon f~ HE. Geo:rge g. ~ranklin, Execu'.~ve Di~ectOr~Oppo~tun~t~eS Industri- alization Center, &dvlsing that O/C shares the concern of Council. for the-/nefficient usage of public funds created by the du- plication of.services.to th~ same client(s) aha that Council ~ay be assured that OIC, under Its present ~a~nistrat/on, will make every effort to wo=k with other agencies developing a more efficient and.effective social sprvtoe capability In the Roanoke (4) The request of TRUST, Tho Roanoke Valley T~ouble Center, Incorporated, that Council conside= the Immediate need of TRUST as a high priority as Council evaluates other social service agencies for revenue sharing funds. The motion was seconded by Dr. Taylor end adopted by the following vote~ AYES: ~essrs. Garland, Eubard, Lisk, Taylor, Th0~as and Mayor Webber ............................ 6. NAYS: None ................ ~---0. (Mr. Trout absent) Mr. Robert. Magt~n representi~g TRUST appeared before the body and requested that TRUST be allowed to come before council at Its next regular meeting on Monday, October 28, 1974, for the purpose of present/ng a specific request for f/nanctal assistance. - It was agreed that the request of TRUST will be referred to the Euman Resources Comm/ttee for a reco~nendat/on to Council. Ms. Nancy Reynolds representing Total Action Against Poverty in Roanoke~ Valley appeared before council and requested that TAP be given equal consideration as to Its two grant requests. CONSIDERATION OF CLA/HS: NONE. INTRODUCTION A~D CONSIDENATION OF ORDINANCES A_ND P~ESOLUTIONS= MUNICIPAL BUILDING: Council having previously dlrec~ed 'that the C~ty Attorney prepare the proper ~easure authoriz~ng the e~loyment of architectural and eng~neer/ng services to provide Program development services in and about the ~onstructlon of new ja~l and courts facilities for the City of Roanoke, he presented same~ whereupon, Mr. Lisk offered the following emergency Ordinance= (~21878) AN ORDINANCE author~.zlng the e~ployment Of architectural and engineering services, to provide program development services and, when speclflcally authorized, to prepare a/)d provide plans,, speciflcat/ons, contract documents and other professional services tn and about the construction of new jail and courts facilities for the city, upon certain terms and provisions~ and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 40, Page 196.) ~tr. Llak moved the adoptio~, of ..the Ordinanc~ . The motion was seconded by Hr. Hubard and. adopted by the following vote: AYES: Messrs. Garland~ Huband~ Llsk, Taylor, Thomas and Hayor Webber ................. ~ ................ 6. NAYS~ None ...................0. (H~. T~out absent) After a discussion~ Mr. Llsk moved that the City Hanager be requested to arrange for an lnfo~mal meeting betveen Council, the Judges and Hayes, Seay, Nattern & Hatte~n, Architects and Engineers, prior to the contract being entered into, In order for Council to express Its point of view relative to the facility before the prelimina~ planning la begun by the architects. The motion was seconded by H~. Thomas and adopted. The Mayor requested that the City .M~. a. ger arrang? for said meeting immediately following the regular meeting of Council o~ Monday, November 4, 1974. ~r.~n~ATIONS-MISCF~NEOUS: Council having directed the City Attorney to prepare the proper measure e~dorsing the Northwest Jaycees~ 'A Clean Halloween' project, which project will involve the operation of a haunted house for young people from October 2~ through October 31, 1974, in the Eoanoke Salem Plaza, and calling on the citizens of the Roanoke Valle'y to support said project, he presented same~ w~ereupon, Mr[ Lisk offered the following Resolution= ' ($21879) A RESOLUTION endorsing the Northwest Jaycees~ 'A Clea~ Halloween' Project, which project will involve the operation of a haunted 'house for young people from October 25, 1974, through October 31, 1974, in the Roanoke Salem Plaza, and calling on the citizens of Roanoke Valley to support said project. (For full text Of Resolution, see Resolution Book No. 40, Page 198.) Mr. Lisk moved the adoption of the Resolution. The motion was seconded by Dr. Taylor and adopted by the foil?wing vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas and Mayor Webber ................................. 6. NAYS: None ................. 0. (Mr. Trout absent} COUNCIL= Dr. Taylor offered the following Resolution providing for the place of the regular meetings o£ the Co~ncll of the City of Roanoke: (~21880} A RESOLUTION providing for the place of the regular meetings of the Counc11 of the city of Roanoke. (For full text of Resolution, see Resolution Book No. 40, Page 199.} Dr. Taylor moved the adoption of the Resolution. The motion was seconded by Mr. Hubard and adopted by the followlng, vot, e: AYES: Messrs. Garland, Hubard~ Lisk, Taylor, Thomas and Mayor Webber ................................. 6. NAYS= None ..................0. (Mr. Trout absent} 463 TI~FF~C-STATE ~GHWAYSI ~o~ W~r calle~ to ~e att~tl~ o~ ~u~l ~t ~ fo~ year'~e~ of ~s. Alice P. T~ce, Cap~n Hen~ R. ~d Hessrs. R. P. Via, David K. ~sk ~d J. D. S~ as m~rs of ~e Highway Safety C~ss~ w~ll e~re ~ ~to~r 31~ 1974, ~d called n~natl~s ~ f~ll ~e vac~cies. ~. Garl~ placed ~ n~nat~on ~e n~s of ~s. ~lc~ P. Tlce, ~p~n H~ R. Klser~ ~d ~ssrs. R. P. V~a, David K. ~sk ~d J. o. S~. ~ere ~lng no fur~er n~nations, ~s. ~ce P. T~ce~ Cap,in Hen~ R. K~ser ~d Messrs. R. P. Via, David K. ~sk ~d J. D. S[~ were reelected as ~rs of ~e ~al H~ghway Safety C~slon for te~ of fo~ years each ~ding ~to~r 31~ 1978, by ~e follow~g vote= FOR ~. TI~ ~T~N KISS, ~D ~SS~. VIA ~ SI~= Messrs. Garl~d, H~ard, Lisk, Taylor, Th~s ~d ~yor W~r ................ 6. (~. ~out FOR ~. LISK= Messrs. Garl~d, H~ard, Taylor, Th~s ~d ~yor W~r .......................................................... (~. Llsk not voting) (~. Trout ~sent) A~I~-COLISE~-ST~I~: ~yor Weber called to ~e attention of Co~cl~ ~at ~e fo~ year te~ of ~. Fr~ N. Perk[nson, Jr., and ~elyn S. ~er as ~rs of ~e ~oke C~vic C~ter ~d Stad~ Adviso~ Co~ssion e~lred on ~tober 1, 1974, and c~11ed for n~nations to fill ~. Tho~s placed ~ no~na~on ~e n~s of ~. V~cent S. There ~ng no f~er no~natlons ~ ~. V~cent S. ~eeler ~ ~el~ S. ~er were elected as m~rs of ~e Ro~oke Civic Center ~d Stad~ ~v[so~ C~ss[~ for te~ of fo~ ~ears each ~d~g ~to~r 1~ 1978, by following vete: FOR ~. ~E~R ~ ~. ~R= Messrs. G~l~d~ H~ard, L~sk, Taylor, Th~s ~d ~yor W~ber ..................... 6. (~. Trout ~sent) I~UST~ES= ~yor w~ber called to ~e att~t~n of Cocci1 ~at ~e fo~ year te~ of Messrs. ~rt W. Woody ~d W. Bolling Izard as Directors o~ ~e Industrial ~velo~t Au~ority of ~e City of Roanoke e~re~ on ~to~r 20, 1974, ~d called for n~at~ons to fill ~e vac~c~es. ~. H~ard placed ~ n~na2~on '~e n~es of Messrs. Ro~rt W. Wo~y ~d W. ~11~ng Izard. There ~g no f~er no~a~ons, Messrs. Robert W. Wo~y and W. Izard were reelected as Di=ectors of ~e Indus~ial Develo~nt Au~ority o[ ~e City of ~oke for te~ of fo~ years ~ ~ding ~to~r 20, 1978, by foll~[ng FOR HESSRS, J~OODY AND IZA~D~ Hessre. Ga~land~ Hubard~ ~s ~ ~o~ ~F ............................ 6, (~. TFOU~ absent) ClTIZ~S* ~VISORY ~z ~o~ ~be~ ca~l~ of Co'oil ~a~ ~e~e a~a several recycles ~ ~e C~tlZ~s~ ~viso~ ~ttee ~d called for n~ati~s to fill ~o recycles. Dr. Taylor placed ~ n~natl~ ~e n~s of ~e ~verend Calv~ G. ~lton ~d ~e Revered Joseph There ~lng no f~er n~atl~s, ~e Revered Calvin B. Fult~ ~d ~e Reverend Joseph Core were electe~ as ~rs of ~e Citlz~s~ Adviso~ Co, tree for te~ of two years each ~d~g April 14, 1976, by ~e foll~ing FOR ~ ~L~N ~ ~ CO~= Hessrs. Garl~d, H~ard, Lisk, Taylor, Th~s ~d ~yor W~r ............... 6. (~. Trout absent) H~SING-S~ ~ ~yor W~r called Cocci1 ~at ~e~e is a vac~ on ~e City of ~oke Redevelop~nt ~d Housing of fo~ years ~d~g Au~st 31, 19~8, and called for n~nations to fill ~e ~. Lisk placed In n~nation ~e n~ o~ ~s. Hallie B. Al~rgo2ti. There ~ing no f~er n~ations, I~s. ~llie B. Al~rgotti was elected as a C~tssioner of ~e City o[ Ro~oke Redeveloper ~d Housing Au~ority for a te~ of fo~ years ~ding Au~st 31, 1978, hy ~e foll~ing FOR ~. ~ER~I~ Messrs. G~l~d, ~ard, Lisk, Taylor, Th~s ~d ~yor Weber ........................... 6. {~. Trout abs~t) ~at ~ere Is a vac~ on ~e ~yor~s C~ttee for ~lo~nt of ~e H~di- capped due to ~e resignation of ~. ~tty P. Hall ~d called for no~natlons to fill ~e ~. ~sk placed ~ no~ation ~e n~ of ~. Grady P. Grego~. as a m~er of ~e ~yor's C~ttee for ~lo~t of ~e H~dicapped by ~e foll~hg vote: ~yor Weber .............................. 6. (~. Trout abs~t) Adviso~ C~ssion due to ~e resi~ation o[ ~. ~bert M. Mc~lland for a te~ end~g ~to~r 1, 197~, ~d called for n~nations to fill ~e vac~. ~. Garl~d placed ~ n~ation ~e n~ o[ ~. Fr~k C. ~rt~, Jr. 465 Theze' be:lng no £~'ch~r nOnd.nationa, Hr'. Fra~ C. HartAn, ~r., was elected as a member of the ROanoke Civic center and' S~adl~ Advis0r~ Cc~mission to fill the enex~lred ter~ o£ ~Lr, Robert H. McLellend for a term end~ng October 1, 1977w by the follo~ing vote= FOR HR. NARTXNI Heesrao Garland, Hutted, Llskt Taylor, Thomas and Hayor Webber ..... ;a ....................6' (~tr..Trout ab'sent') H(YJSXNG-SLUH CLEARANCes The City Clerk reported that H~. S. ~ewis Lionberger has qualified as a C~"""tesioner of the City of Roanoke Redevelopment end Housing Authority for a term of fou~ years ending August 31, 1978. ~r. Hubard moved that the report be received and filed. The motion was seconded by lir. Llsk and adopted. OTHER I~NGS OF CITIZENS: NONE. There being no further bus~ness, Mayor Webber declared the meeting adjourned. ATTEST APPROVED City Clerk Mayor ti COUNCIL, REGUIJ~ HEET1~NG, Monday~ October 28~ 1974. The Council of the City o£ Roanoke met in regular meeting ~-n the Council Chamber in the Municipal Building, Mon~ay~ October 28, 1974, at 7:30 p.m., the regular mee~ng hour, with Mayor Roy Lo webber presiding. PP~SENT: CounciLmen Robert A. Garland, David Ko Iz~sk, Noel C. Taylor, Hampton W. Thomas, James O. Trout and Mayor Roy ~.. Webber .............................. ?. ABSENT: None ...................0. OFFICERS PI~ESENT: Mr. Byron E. Haner, City Manager~ Mr. Sam N. McGhee, III, Assistant City Manager~ Mr. Ja~es N. Kincanon~ City Attorney~ Mr. A. N. Gibson, Director of Finance~ and Mrs. Mary F. Parker, City Clerk. INVOCATION: The meeting was opened with a prayer by Dr. Noel C. Taylor, Vice-Mayor, City Of Roanoke. ~NUTES: Copy of the m~nutes of the regular meeting held on Monday, October 21, 1974, having been furnished each me~ber Of Council, on ~tion of Mr. Trout, seconded by Mr. Lisk and u~an~ously adopted, the reading thereof was dispensed with and the m~utes approved as recorded. HF~AR/NG OF CITIZENS UPON PUBLIC ZONING: Council having set a public hearing for Monday, October 28, 1974, on the request of Messrs. Thomas A. Murphy, Scott W. L~ttle and Charles Ferrelly, that property located at the northwest corner of Broadway and McClana- han Avenues, S. W., descrlbed as Lot C, accordlng to the Map of F. M. Reynolds, and being also described as Lot NO. 43 and the eastern part of Lot No. 42, Section 12, Map of Crystal Spring La~d Cometary, Official Tax No. 1050229, in the 2100 block of Broadway Avenue, S. W. · be rezoned from RG-1, General Residential District, to C-1, Office a~d Institutional District, the matter was before the bo~y. In this connection, the City Planning Cn~{~sion sub~/tted a written report reco-~ending that the reques~ for rezoning be granted. (For full text, see report as filed in the City Clerk's Office.) Dr. Roger W~nborne appeared before Council and read a prepared statement transmltt~ng te~ reasons why the property should not be rezoned. (For full text, see statement as filed in the City Clerk's Office.) Mr. Joseph G. Woodard, 2128 Broadway Avanue, S. W., appeared before Council and expressed opposition to the rezoning based on traffic and parking problems. Mr. D. J. Gallagher· 2115 Broadway Avenue, S. W., appeared before Council and objected to more business moving into the area. ~467 Approx~el¥ eev~n persona appeared before Council In op~sl~on ~. George I. V~el~ ll~ A~ney~ ~ep~esen~g ~e appeared ~fore ~c~l ~ sup~ o~ ~e ~e~es~ of ~ cli~ advis~ng ~a~ his clients have s~n~ ~ ~e neig~h~ of ~7~000.00 d~lng ~e six ~s ~esLoring ~e p~oper~ ~ l~ Is ~e.~n~ of his cll~s ~o ~e ~e bulldog for office space, ~at ~ere ~111 ~ ve~ little ch~ge in ~e appea~ce of ~e property, ~a2 ~e~e ~lll be ~le parking, ~d ~ah property at preset Is not sul~le as resid~al r~l pro~rty. ~. ~arles B. Ferrelley~ one of ~e ~ti~oners~ appeared ~fore Cocci1 ~d advised ~at ~e property would ~ difficult to re-es~lish as d~stic property since It Is c~rcial in nat~e. After a l~g~y disc~sion of ~e ~tter, ~. ~out ~ved ~e request for rezon~g ~ denied. The ~tton was seconded by ~. Garland and adopted by ~e roll,lng vote: AYe= Hessrs. Garland, Lisk~ Taylor, ~s, ~out and ~yor Weber .................................. 6. ~YS~ ~. H~ard ............ 1. PETITIONS ~ C~I~TIOitS= ~:~S-S~TS M~ ~Y51 A co~lcation from I.~. and W. H. Jord~ tran~ttlng a petition signed by 84 resld~ts advising ~at ~e resid~tial s~ee~ of Si~al Hill and West~ Argue, N. W., are being ~ed by large diesel ~ail~r ~cks ~at are delivering fla~ble liquid to a 1~500,000 gallon storag~ ~ at Ro~oke Elec~ic Steel Co~oration, ~at ~e storage ~ has been erected t~ close to private residences in ~e city, ~at ~e e~aust f~s are a heal~ hazard to all residents, ~at is dangerous in ~at chlldr~ play along ~ese s~ee~, ~at ~e stree~ do not have a road base to support such hea~ ~uck ~affic ~d ~at as tax- payers ~d h~e~ers, ~ey feel ~ese resid~al stree~ should resid~tial, free of all ~e a~vedescri~d h~al~ noise ~d safety hazards, was before Cocci1. The City ~ager v~bally advised of a meeting held wi~ offlclals of Ro~oke Elec~ic Steel Co~oration on Friday, ~tober 25, 1974, it appears ~at all necessa~ corrective action is ~de~ay, ~at ~e p~ ~at will allow filling fr~ ~ller S~eet has ~ ordered by ~e co~y, ~at ~e ~ ~re ~ ~ets re~ired safety s~ndards ~d ~e fuel is not e~losive. Approx~tely 15 residents appeare~ at ~e Co~ctl ~e~ng relative to ~e ~tter. ~. Trout ~ved ~at ~e pe~tion ~ received and filed. ~e ~tlon was seconded by ~. Tho~s ~d ~usly adopted. BUDGET-SCHOOLS: A cannunlcation frc~ th~ Roanoke City School Board requesting that $2,049.99 be t~ansferred to the Flshburn Fark Elementary School in o~ler to close out three ~nactive CIP accounts and to provide necessary funds to proceed with the Flshbuzn Fark Elementary School addition, was before Council. Dr. Taylor moved that Council concur in the request of the Roanoke City School Board and offered the [olloWing emergency Ordinance t~ansferring $719.00 frc~ the 3efferson Field House account, $434~24 £rom the Addison account, $896.00 from the Wasena account and appropriating $2,049.99 to the Flshburn Park account of the 1974-75 budget~ (S21881) AN O~DINANCE to amend certain sections of the 1974-75 Capital Improvements Fund, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 199.) Dr. Taylor moved the adoption of the Ordinance. The mDtion was seconded by Mr. Thomas and adopted by the following vote: AYES: Messrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and Mayor Webber ............................... 7. NAYS: None .....................0. BUDGET-SCHOOLS: A connnunication from the Roanoke City School Board requesting that $3,000.00 be appropriated to 'Schools - Poet-in-the-Schools Program,' under Section %2000 of the 1974-75 budget Of the Roanoke City S¢hool Board, advising that $1,500.00 will be reimbursed by the Virginia Co~ssion Of the Arts and Humanities and $1,500.00 will be transferred from within the 1974-75 School Hoard operating budget, was before Council. Mr. Trout moved that Council concur in the request of the Roanoke City School Board and offered the following emergency Ordinance: (~21882) AN ORDINANCE to amend and reordain Section #2000, 'Schools Poet-in-the-'Schools Program,' of the 1974-75 Appropriation Ordlnence, and providing for an emergency. {For full text of Ordinance, see Ordinance Hook No. 40, Page 200.) Mr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Lisk and adopted by the following vote= AYES: Messrs. Garland, Hubard, lz[sk, Taylor, Thomas, Trout and Mayor Webber-h .......................... ~--?. NAYS: None ..................... 0. AMBULANCES-ROANOKE VALLEY I~EGION~J~ H~ALTH SERVICES PLANNTNG COUNCIL, INCORP0~ATED: A connnunlcation from the Wi11ia~son Road Life Saving and First Aid Crew, ~ncorporated, relative to amending Title XlX, Transportattont of The Code of the City of Roanoke, 1956, as a/~nded, by the addition of a new chapter four to be entitled An~ulance a~d Rescue S~ua~s, advising that the 469 : ~70 Wllliamson Road Life Saving C~ew is unequivocally opposed to the pending propose! and If the purpose o£ this O~dinanea is to prevent the establishment of a second-rats ambulance service in the City of Roanoke, the inclusion of the rescue squads is not necessary to accomplish this purposs~ was before Council. ~r. ~homas moved that the CO~aunicatlon b~ referred to the Roanoke Valley Regional Health Services Planning Council; Incorporated, for its informa- tion in connection with its study o£ the matter. The motion was seconded by Dr. Taylor and unanimously adopted. REPORTS OF OFFICERS I HUNICIPA~ BUILDING-PO~.ICN DEpAR~H~I~I The City Manager submitted a written report relative to burglar alarms and the $25.00 fee that is imposed for false alarms, recommending that the false alan penalty fees continue to be assessed in order that the city will be able to continue to provide high quality ss~vl~e as opposed to pernitting the so,vice to deteriorate hack to the condition it was in three years ago when no such fee was in existence. (For full text, see report ss filed in the City Clerk's Office.) Hr. Hubard moved that action on the report be deferred until the next regular meeting of Council on lionday, IJove~ber 4, 1974, in order that Hr. George ~.. Hull, Dlst~ibu~lon Center .~nager, .~cKesson & Robbins Drug Company, may be present to cogent On the report. The marion was seconded by Hr. Th0nas and unanimously adopted. CITY NURSING HOHE: The City Manager submitted a written report relative to the City Nursing Ho~e, tran~mltting facts as to the city operating the home versus private nursing homes, and recommending that the city proceed to make the required improvements te the Nursing Home and that Council approve the execution of an agreement with Smithey & Boynton for the preparation Of construction documents for the needed mechanical and electrical work. (For full text, see report as filed in the City Clerk's office.'} Mr. Thomas moved that council ooncur in the report of the City Manager and offered the followlng eJa~rgunoy Ordinance: (%2i883) AN ORDINANCE authorizing the e~loymealt of certain professional services to prepare and provide mechanical and electrical plans, specifications and other professional services in and about the renovation, remodelling, additions and changes in and to the city's Coyner Springs Nursing Home, upon certain terms and provisions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 201.} Hr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Messrs. Garland, Hubard, Taylor, Thomas, Trout and Hayor Webber .................................... 6. NAYS: Hr. Lisk ................. i. ZONING: The City Hanager eulnitted a ~witten report In connection with the request Of Hr. Robert J. Rice for per~ission to operate a television repair service in his hc~e at 1602 llth Street~ N. E.~ advising that the proposed use would not be det~nental nor objectionable to any properties ~n the area and recn~nding that the request be granted. (For full text, see report as filed in the City Clerh*s Office.) Dr. Taylor moved that Council concu~ In the report 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. BUSES: The City Manager submitted a written report requesting that Council authorize the President of the Greater Roanoke Transit Company to negotiate for the purchase of the total assets of Roanoke City Lines, Incorporated~ for an amount in the range of $?00~000.00 to $?25,000.00, and that supplemental to this offer is the question of funding the retirement syste~ undar the requirements of new federal legislation, that information has been obtained with respect to the responsibilities of beth the city and Roanoke City Lines in this ~atter and these facts will be taken into considera- tion in the negotiations. (For full text, see report as filed in the City Clerk's Office.) Mr. Garland moved that the report be referred to the City Attorney for prepara~on of the proper measure. The motion was seconded by Mr. Hubard end unanimously adopted. BUSES: The City Manager submitted a written report recoma~nding that Council indicate its conc~lrrence in the selection of ATE Ma~agemm_nt and Service Company, Incorporated, Cincinnati, Ohio, to provide management services for the' transit system including pre-takeover services, with the provision that all but the pre-takeover services are subject to the acquisition of transit facilities and approval of the request for financial assistance under the Urban Mass Transportation Act of 1964, end further recommending that Councll appropriate $50,000.00 to a transit account, $46,66?.00 for management fees and $3,333.00 for staff travel exp~nses. (For full text, see report as filed in the City Clerk's Office.) After a lengthy discussion of the matter, Mr. Thomas ~oved that the report and proposed Resolution be taken under advisement by Council until such trine as Council meets as a Committee of the Whole to discuss the matter. The motion was seconded b~ Mr. Trout and adopted by the following vote: AYES: Messrs. Hubard, Taylor, Thomas, Trout and Mayor Webber ....5. NAYS: Messrs. Garland and Lisk ..................................2. ~yor #ebber called a Meting o£ Council acting aa n C~tttee of the Whole for Plenty, Hovell~ber 4m 1974; at 7s30 p,n,~ ~ ~e ~ecutive Session ~IClP~ BUI~IN6z ~e City ~aqer s~tted a ~ltt~ re~t advls~g ~at on ~esday~ ~t~er 22, 1~74, ~e City ~ager*s Office vas infold by teleph~e ~at ~e G~eral Se~lces ~nis~atlon Is te~natlng ~elr lease effective Nov~er 30, 1974~ for ~e space c~rently u~lized by ~e Social Security Ag~ ~d ~at official ~l~t~ notlc~ 18 e~cted vl~in ~e next fe~ days. ~. Trout ~ved ~at ~ ~e~t ~ ~eceived and filed. The ~tion vas seconded by ~. Lisk ~d ~anl~usly adopted. BU~ET-CI~ ~y~SoAUDI~-CO~S~I ~e City ~nager a ~itt~ ~e~t ~ec~din9 ~at Co~cll revise ~e Civic C~ter Perso~el budget to u~rade ~e ~sitl~ of one ~rec II~ Grade 10, to ~at of Building ~ln~anc~ Grade 15. (For full tex~, see re~ as filed in ~e City Clerk*s Office.) ~. Th~$ ~ved ~t Co~cil conc~ in ~e rec~dation of ~e City ~nager ~d offered ~e roll.in9 ~er9~ Ordin~ce: (J21884) ~ O~I~CE to ~nd and ~eorda~ Section J440~ 'Civic Center F~d - A~nis~a~ve ~en~es,' of ~e 1974-75 Civic C~ter F~d Appropriation Ordinance~ ~d provid~9 for ~ (For full text of O~d~ce~ See Ordin~ce B~k No. 40~ Page 202.) ~. Th~s moved ~e adoption of ~e Ordinance. ~e ~tion was seconded by ~. Trout ~d adopted by ~a following vote: AYe: Hessrs. Garl~d, H~ard~ ~isk~ Taylor~ ~o~s~ T~ou~ and ~yor Webbe~ ................................................................. ~YS I Non~ ..............................................~ ......... 0 · CO~CIL: The City ~age~ s~tted a ~i~t~ re~rt re~es~in9 ~ execu~ve session wi~ ~e ~ers of Co~cil to discuss a pezs~el The City H~ager verbally re~ested pe~ssion to wi~dra~ ~e ~ve ~. ~ou~ ~ved ~a~ Co~cil conc~ in ~e ~e~es~ o~ ~e City ~nage~ for pe~ssion to wi~d~a~ ~e re.rt. ~ ~on was seconded by ~. Ga~l~d ~d ~usly adopted. B~ET-DI~R OF FI~: ~he City Atto~ey s~t~ed a written report advising ~at it is felt ~at Resolu~on No. 21876 should be ~nded ~d rcadopted, ~at as ~de appar~t by ~e c~icati~ ir~ ~e of Finance ~der da~e of ~t~ber 21, 1974, ~d ~cause of large periodic pa~ which are e~ected to bec~ due on ou~d~g cons~c~ion con.acts for sewage ~ea~en~ ~acili~ ~prov~ts which are ~ded by ~ederal ~d ! 473 monies but which must first be advanced by the city, it will becc~e necessary for the first t~ue, to obtain by short-tez~ borrowing, funds needed for those purposes, that Resolution No. 21876 so indicated but does not clearly provide that short-term loans made for General Fund purposes be paid from the General Fund and that short-term loans made for sewage t~eatment plant purposes be paid from the Sewage Treatment Fund, each of which are carried as separate funds of the city and the purpose of the proposed Resolution is, therefore, to make such aforesaid express provision in the enabling Resolution. ~tr. Trout moved that Council concur tn the report of the City Attorney and offered the following Resolution: (S21885) A P. ESOLUTION amending and readopting Resolution No. 21876, authorizing the negotiation of short-term loans for the pu~ose of paying current expenses or debts of the city, including those Incurred tn the l~rove- mont and enlerge~ment of the city's sewage treatment plant facilities. (For full text of Resolution, see Resolution Book No. 40, Page Mr. Trout moved the adoption of the Resolution. The motion was seconded by Mr. Ltsk and adopted by the followlng vote= AYES: Hessrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Hayor Webber ................................. NAYS: None ......................... AUDITS-SCHOOLS: The Hunicipal Auditor submitted a written report advising that school activity funds of the City o£ Roanoke junior high schools and elementary schoels have been exam/ned for the year ended June 30, 1974, that a detailed audit report for each school activity fund has been submitted to the Roanoke City School Assistant Superintendent for Business Affairs and to the applicable school principal, transm~ttlng a Stat~-ment of Cash Receipts and Disbursements from each of the detailed audit reports, and, advising that the statement fairly presents the recorded cash transactions of the schools for the year ended June 30, 1974. (For full text, see report and statement as filed in the City Clerk's Offlce. ) Mr. Thomas moved that the report and statement be received and filed. The motion was seconded by Mr. Lisk and unanimously adopted. REPORTS OF COMMITTEES: BUDGET-ELECTPXCAL INSPECTOR-APpALACHIAN POWER COMPANY-TAXES: The City Taxes Com,/tree suk~tted a wr/ttun report in connection with exam~natlon fees for electrlcal contractors and electricians; the utility tax; and real estate tax relief for ~axpayere who are totally and permanently disabled and are under 65 years of age, recon~ending the adoption of an Ordinance increasing the amounts charged for examination fees for electrical contractors 47'4 and electricians! rec~ding that the utility tax remain 'at lie present level at least until the next budget period and that Council review ~he situation as it will effect the 1975-76 budgetl and that Council request ~he General Assembly of Virginia to consider legisla~on which will give to the ~otally and pemently disabled under 6S years of age the same tax relief as ia no~ enjoyed by taxpayers over 65 years of age. (For full text, see report as filed In the City Clerk's Office.) Rt. Garland offered the follo~ing e~ergency ordinance amending and reordaining Section 10, Same - Examination and renewal fees, Chapter 2, Electrical Code, Title XV, Const~ction, Alteration and Use Of Land, Buildings and Other St~ucttttes, of The Code of the City of Roanoke, 1956, as amended, by a~ending the fee schedule: (~21886) AN ORDINANCE to amend and reordain Sec. 10. Same - Examina~ion and renewal fees, of Chapter 2. Electrical Code, of Title Construction, Alteration and Use of Land, Buildings and Other Structures, The Code o£ the city of Roanoke, 1956, as Mended, by amending the fee schedule~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 40, Page 204.) Hr. Garland moved the adoption o£ the Ordinance. The motion was seconded by PLr. Llsk and adopted by ~he rolls,Lng vote: AYES: Messrs. Garland, Hubard, Lisk, Taylor, Thomas, Trout and Mayor Webber ........................ NAYS: None .................. 0. Mr. Lacy Edgerton appeared before Council and co~lained about the high utility tax and also advised that some type of adjustment should be made in the sewage tax. Mr. Trout moved that the ~atter of the utility tax be referred to 197§-76 budget study. The motion was seconded by Mr. Thomas a~d adopted, Mr. Hubard voting no. Mr.' Hubar~ requested that the record show that he is concerned about the burden of the ut/llty tax on the citlzens of the City of Roanoke, that he is in favor of reducing this tax and that he does not feel that anyone is benefitting frem any exorbitant utility tax. In this connection, copy o£ a news release from Delegate Ray L. Garland advising that he will introduce leglslation at the 19?S General Assembly to limit the levy of local utility taxes to the first $15.00 only per month of all residential utility bills, that is, the appllcable tax rate, which would not change, would be applled only to the first $15.00 of any such bill rather than upon the whole bill as is now the case in most Instances, was before Council. I! 4'/5 (For full text, see heys release as filed in the City Clerk*s Office.) ltro Thc~as moved that the nevs release be referred to the ~egislative and Charter Advisory conn~ttee and to 1975-76 budget study. The ~otion was seconded by ttr. Llsk and unan~nously adopted, ~r. Garland moved that the City Attorney be instructed to prepare the proper measure re~uest~g that the C~.nera! Assembly consider legislation which will give to the totally and permanently dlsabled under 65 years of age the same real estate tax relief as is now enjoyed by taxpayers over 65 years of age. The motlon was seconded by ~Lr. Hubard and unanimously adopted. DEPOSITORIES-WATER DEPART~RT~ The Director of Finance and the City Attorney su~ltted a joint report relative to the questlon of amending the City Code to provide for the First Virginia Bank of Roanoke Valley and the New Bank of Roanoke to become public depositories, advislng that inasmuch as these banks provide the same services and are subject to the rules and regulations that the other banks operate within, it Is their reco~nendation that they be named public depositories for the City of Roanoke, the percentage of funds to be placed in these banks to be adjusted by Ordinance when and if necessary. ~r. Thomas moved that Cott~cll concur in the joint report and offered the following emergency Ordinance: (~21887) AN ORDINANCE amending and reordalning Sec. 1. Designationw and Sec. 4. Records and reports of auditor, of Chapter 3. Public Depositorles~ Title V, Finance, of The Code of the City of Roanoke, 1956, as ~mended~ relatlng to banks designated as depositories for public ~nonies of the city Of Roanoke subject to withdrawal on checks and to records and reports of daily balances current f~-~ds on checking deposits required to be kept and made by the city auditor~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 205.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the follow~g vote: AYES: Messrs. Garland, Hubard~ L~sk, Taylor, Thomas, Trout and Mayor Webber .................................... NAYS = None ........................... 0. UNFINISB]~D BUSINESS: REVENUE SHAftING-HUMOR I~ESOSRCES COMMITTEE: Co:mci1 at its last regular meeting on Monday, October 24, 1974, having deferred action on the appointment of a Human Resources Conmdttee to monitor and evaluate social service programs espeelally those that seek funding on an ar~nual basis, the matter was again before the body. Mayor Webbe~ placed in nom~nation the name of Miss Bernice F. Jones. {l~. Garlan~ placed in nominati°n t~e name 0£ ~. Robert E. Hullen, ~r. ~. H~rd placed ~ n~tl~ ~e n~ Of ~. Wllll~ A. Bewitt. ~. Llsk placed in n~nation ~e n~ of ~. ~leiqh ~il. Dr. Taylor plac~ ~ n~natl~ ~e n~ of ~. Fr~ ~ys. ~. ~s placed ~ n~nat~ a repres~t~ve of ~e ~u~ F~d. ~. ~out re~ested ~at he ~ ~ttea to preset ~e n~e o~ his n~nee at ~e next regular mee~ng of Co~cll on ~n~y~ Nov~r 4, 1974. ~ere being no f~er n~nat~ons~ Miss Bernice F. Jones, ~. Ro~rt ~ a representative oE ~e Th~ F~d were elected as m~rs of ~e H~ Resources C~ttee by ~e Eoll~g vote~ FOR MISS JO~S~ ~. H~N~ ~. ~I~ ~. ~BE~ ~. ~YS ~D A ~p~S~TAT~ OF ~ ~ F~D= Messrs. Garl~d~ H~ard~ Lisk~ Taylor~ ~s, ~out and ~yor Weber ....... l ............... 7. In ~[s co~ection~ a c~lcat~on fr~ ~. George E. Fr~kl~n, ~ecutive D~rector, ~rt~lt~es Indus~al~zation C~ter~ praising ~e ~ers of Cocci1 in ~eir decision to create a ~y to assist ~e city ~ address~g ~e p~l~c se~ice needs as related to f[n~cing w[~ revenue sharing [~ds, was ~fore ~e b~y. ~. ~ar~ moved ~at ~e co~cat~on be received and f~led. ~e ~t~on was seconde~ by ~. L[sk and ~ously adopted. CONSIDE~T~ON OF ~I~ = NO~. IN~ODUCTION ~D CONSIDE~TION OF O~I~S ~D ~SOLUTIONS= I~US~IES= ~. Tho~s offered ~e roi!owing Resolution appoint~g Messrs. Robert W. Wo~y and W. Boll~g Izard as Directors of ~e Industrial Developer Au~or~ly of ~e City of Ro~oke, V~rg~n[a, for te~ of fo~ years each ending ~to~r 20, 1978= (%21888} A ~SOL~ION ap~n~ng t~ (2) directors o~ ~e Indus,[al Developer Au~or~ty of ~e City of Roanoke, V~rgin[a, to fill four-year te~ of office on ~ts ~ard of directors. (For full text of Resolu~on~ see Resolu~on Rook No. 40, Page 206.) ~. ~s moved ~e adoption of ~e Resolution. The ~tion was seconded by ~. Lisk ~d adopted by ~e ~oll~[ng vote: A~S: Messrs. Garl~d, H~ar~, Lisk, Taylor~ ~s, Trout and ~yor Webber ............................................ 7. NAYS: None .............................0. MOTIONS ~ MIS~L~.a~OUS BUSI~SS= H~SING-SL~ C~= The City Clerk reported ~at ~s. Hall~e B. Albergott~ has ~al~f~ed as a ~ssioner of ~e C~ty of ~e I Redevelopment and Rousing Authority to fill the unexpired term of H~. W. Courtney Rlng~ Jr. w resignedw ending August 31w 1978. Kr. Lisk moved that the report be received and filed. The motion was seconded by Dr. Taylor and unadimously adopted. OTHER HEARINGS OF CITIZENS~ NONE, There being no further business, Mayor Webber declared the m~eting adjourned. APPROVED ATTEST ~ City Clerk Mayor :477 COUHCIL~ ~GUI~.R HEETING~ Monday, November 4~ 1974. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Hunicipal Building, ~nday, November 4, 1974~ at 2;00 p.m., the regular meeting ho~r, with Mayor I%oy L. Webber presiding. pRESENTz Councilmen Robert A. Garland, William S~ Hubard, David K. List, Noel C. Taylor, Hampton W. Thc~as~ Jam~s O. Trout and Hayor Roy L. Webber ..................................... 7. ABSENT: None ....................0. OFFICERS pP~SENT: Hr. Byron B. Haner, City Manager; Hr. Sam H. HcGhee, III, Assistant City Manager; Hr. A. N. Gibson, Director of Finance; Mr. H. Ben Jones, Jr., Assistant City Attorney; and Mrs. Mary F. Parker, City Clerk. INVOCATION: The m~eting was opened with a prayer by the Reverend Frank D. James, Pastor, Woodlawn United Methodist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: pAtEKS AND pLAYGOUNDS: Pursuant to notice of advertisement for bids for improvements to Loudon Park, Kennedy Park and Washington Park, said p~oposals to be received by the City Clerk until 2 p.m., Friday, October 1974, and to be opened before CoUncil at 2 p.m., Monday, November 4, 1974, Mayor Webber asked if anyone had any questions about the advertisement for bids and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opnnlng of the bids; whereupon, the City Clerk opened and read the following bids: Base Alt. %1 Alt. %2 Alt. Nalne Proposal Deduct Deduct Deduct Deduct Cardinal Construc- tion Company $432,465.00$19,000.00 $4,650.00 $ 6,000.00 $9,340.00 Cason Enter- prises 497,037.57 6,413.00 2,087.00 4,222.00 7,686.00 Branch & Asso- ciates, Incor- porated 575,095.00 85,000.00 1,300.00 9,500.00 7,000.00 John A. Hall & Company, Incorporated - 577,918.75 17,940.00 3,317.00 12,590.00 9,000.00 Hr. Thomas moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and rec~ndatlon to Council. The motion was seconded by Hr. Trout and unanimously adopted. Mayor Webber appointed Mr. Sa~ H. HcGhee, III, Chairman, Dr. Mary Jane Doanalley, and Hr. John A. Newson as m~m~ers of the committee. PETITIONS AND COMMUNICATIONS: HUNICIPAL BUILDING-JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: A coammnlcatlon from Hr. Lawrence L. Koontz, Jr., Chief Judge, Roanoke City 479 Juvenile mid Domestic Relations District Cou~tu advising that since the Social Security Administration intends to vacate the space it presently occupies in the Third Street Building, it is requested that prior to allocating that space, that some consideration be given to the needs .of the Juvenile and Domestic Relations District Cou~tu vas before Council°- H~o Thomas moved that the commonication be referred to the City Hanager for investigation and rec~ndation to Council. The motion was seconded by Hr. Trout and unanimously adopted. REVENUE SHARIRG-HUHA~ P~ESOtlRCES COHNITTEE-SCHOOLSI A connnunication from Hr. John Earkrader~ Vice President & General Hansger, ~DBJ-TV, advising that for over a year ~DB~-TV, in cooperation with the Virginia Tech Extension Service, has presented a one-half hour each week constuner information program, that the Extension Service has furnished the Agent and ~DBJ has furnished produc- tion facilities and air time, that the grant from which the Extension Ser~lce has been paying the Special Agent will soon explre, and requesting the considera- tion of Council of the need for an Extension Agent who can give continuing leadership in consumer concerns during this inflationary period, was before Council. ~4r. Llsk moved that the co~unication be received and filed and referred to the Human Resources Committee for consideration and evaluation. The motion was seconded by Hr. Thomas and unanimously adopted. ~ SHAPING= A communication fro~ the United States Conference of Mayors, National League of Cities, relative to obtaining revenue sharing reenactment commitments from Congressional candidates, was before Council. Hr. Trout moved that the communication be referred to the L~glslatlve end Charter Advisory Committee for handling. The motion was seconded by Hr. Bubard and unanimously adopted. REPORTS OF OFFICERS: HOUSING-SLUH CLEARANCE-STREETS AND ALLEYS= The City Manager submitted a writte~ report advising that the plans for the Downtown1 East Urba~ Renewal Project contain a provision for the relocatlon and widening Of Second Street, S. E., so as to expedite the flow of vehicular traffic, that in conjunction with the realignment of Second Street it was necessary to widen that street at the point of its ~ntersect~on With Campbell Avenue, that it was necessary to utilize 8,232 square feet of land o~ed by the Virginia Holdlng Corporation to provide~ a storage lane for northbound traffic that desires to turn east on Campbell Avenue at that intersection, that upon determining that the property was outside the co'fines of the project and ascertaining that no funds had been progr~aed for the. purchase of this property, the city retained the services of a qualified appraiser to estsblish the value of the property ' ~:480 concerned, tha~. after negotiat~ons w~th the Virginia Itold~ng Co~ration, has ~en asce=~lned ~at ~s 8,232 s~re fee~ of 1~ ~ ~ p~chased at a ~s~ of $S,50 ~r s~e f~t, or~ for a to~l ~ of ~45~199,00~ ~d gec~nd- ~ng ~at ~c~l approve ~e p~chase o~ ~ls l~d ~d a~propr~ate ~e s~ of $45~199.00 for ~ls ~ose. (For full text~ see re~rt as ~led ~ ~e C~ty C~e=k~s ~. ~isk ~ved ~at ~cil =~c~ ~n ~e re~rt of ~e City ~nager ~d offered ~e foll~lng ~rgen~ Ord~ce ~sferring $45,199.00 from Cont~gency Reserve ~der Se=tion t898~ =C~tingencies,' to Widening of Second Street~ S. E.~ at C~11 Argue ~der Section %889~ =Transfers to Capi~l ~prov~ts F~d,' o~ ~e 1974-~5 budget: {~21889) ~ O~I~CE to ~nd ~d reorda~n ceftin sections ~e lV74-~5 Appropria~on Ordnance, and providing for ~ ~rgen~. (For full text Of Ordinance, see Ordin~ce B~k No. 40, Page ~. ~sk ~ved ~e adoption of ~e Ordinance. The ~tion was seconded by ~. Tho~s and adopted by ~e foll~ng vote: AYe: Hessrs. Garl~d, H~ard, Llsk, Taylor~ ~o~s ~d ~yor Weber ............................6 · ~YS~ None ............. 0. (~. Trout not voting} Dr. Taylor ~en offered ~ foll~ing ~rgency Ordinance providing for ~e acquisition of ~e property: (~2~8~0} ~ O~IN~CE ~rov~d~g for ~e c~ty~s acquisition of progerty w~ted and needed for ~e w~den~g ~d i~rov~nt of 2nd Street~ S. E., in conj~=t~on wi~ ~e real~g~nt of said s~eet sou~ o~ C~bell Avenue, S. E.~ au~oriz~ng pa~ent of ~e s~ of $45,199.00 as a p~chase price ~erefor; and providing ~or an ~erg~cy. (For full text of Ord~n~ce, see Ordin~ce Book No. 40, ~a~e 20~.~ Dr. Taylor moved ~e adoption of ~e Ord~ce. The motion was seconded by ~. ~s and adopted by ~e f011~ing vote= AYe: Messrs. Garbed, ~ard, L~sk, Taylor, Th~s ~d ~yor Weber ...............................6. .NAYS: None ................ 0. (~. Trout not B~ET~S-~ ~D ~STXC ~TIONS DIS~ICT COURT~ City ~nager s~itted a ~itt~ re~ort recanting ~at $2,000.00 a~ropriated to ~e Juv~le Probation Nouse to ~rovide f~ds for for ~e medlcal ~d d~l care of ~e children who are co~tted ~ere by ~e Juv~ile and ~stic Relations Dis~ict Court. ~. Garl~d ~ved ~at Cocci1 conc~ ~ ~e report of ~e City ~ager ~d o~fered ~e fo11~ing ~erg~ Ordin~ce: (%21891) ~N ORDINANCE tO amend and reordaln Secbion %115, 'Juvenile Probation House,' of the 1974-75 Appropriation Ordinance, and providing for (For full text of Ordinance, see Ordinance Book NO. 40, Page 209°) Hr. Garland moved the adoption of the Ordinance. The motion was seconded by Dr. Taylor and adopted by the f011o~lng vote~ Hayor Webber ................................. 7° NAYS~ Hone ......................... 0o a written report advising that a grant request for funds to provide training has been approved by the Division of Justice and Crime Prevention, in the total a~ount of $256.00, and recn~nding that the City Hanager be authorized to Hr. Trout moved that Council concur in the report of. the City Manager and offered the following emergency Ordinance appropriating $256.00 to (%21892) AN O~DINANCE to amend and reordain the 1974-75 Grant {For full text of Ordinance, see Ordinance Book No. 40, Page 209.) Hr. Trout moved the adoption of the Ordinance. The ~otion was seconded by Dr. Taylor and adopted by the following vote: Mayor Webber ................................... 7. Hr. Trout offered the following emergency Ordinance appropriating $13.00 to Local Cash Match for Law Enforcement Action Grant No. 74-A2609 ~nder Section %122, 'Cciv~onwealth"s Attorney,' of the 1974-75 budget: (%21893) AN ORDINANCE to amend and reordain Section %122, 'Common- wealth's Attorney,' of the 1974-75 Appropriation Ordinance, and providing for (For full t~xt of Ordinance, see Ordinance Dook No. 40m Page 2i0.) seconded by Hr. Lisk and adopted by the followlng vote: Mayor Webber ................. - ................. 481 482 FIP~ DEPART~NT-I~C~ATION DKPARTt~NT-SC~OOLS~ ~e Cit~ ~a~e~ s~tted'a ~ltt~ re~r2 relative ~ ~e sou~esh fire,station, advising c~siderat[~ has ~en q[v~ ~d ~e a~ch[tec2 has ~ re~es[ed to conside~ ~e lncl~lon oE a c~ty c~ter ~de~ea~ ~ls proposed f~e s~tion, ~at it has be~ asce=~ined ~at ~e cost of cons~ctlon ~d site develo~nt for a c~ined ~ire s~tl~ ~d c~lty c~ter ~uld ~ app~ox~tely $ii0,000.00, ~at ii ~e cmlty center is el~ated ~d ~e s~ct~e roved fox, rd on ~e site, ~e est~ted, cos[ is $318,120.00, ~d request~g C5~cll ~e a dete~na~t~ as to ~he~er ~e desl~a should proceed on ~e c~in~ facility or ~he~er 12 should ~ reduc~ 2o ~at of a basic fire s~tim alone. (For full text~ 'see re,Ii as filed in ~e City Clerk's Office.) The city ~ager ye=bally advised ~at ~i~ ~e ~ney mrket as it he ca~ot justify ~e e~endit~e of ~e additional f~ds for ~e cmity center. After a discussion of ~e re,ri, ~. B~ard ~ved ~at ~e city ~age~ be directed to p~oceed vi~ ~e dra~ing of plus for ~e soul,est fire s~tlon ~i2out'having a bas~en~ in ~e building. The ~tion ~as seconded by ~. Llsk ad ~an~usly adopted. ~. Lisk ~ved ~a[ ~e City ~ager be requested to confer ~e school a~nis~ation to asce~in Ii sm~ing ca be ~o~ked out ~hereby ~a aultl-p~se rm ad my o~er ~vail~le space at ~e FisSure Pa~k El~en~ Sch~l ~9ht be used for com~ity center p~poses and ~eport his rec~da[ions to Co~cil accordingly. The ~tion ~as seconded by ~. E~ard and ~an~ously adopted. G~S-S~ ~ S~ D~INS: The City ~ager s~tted a ~itt~ re~rt reco~en~g ~at ~e City ~nager ~ au~orEze~ to ~ter ~nto agre~ent wE~ ~e Norfolk an~ Weste~ ~Elway C~y ~n order to cross ~der ~eEr tracks an~ property wi~ a 21 ~nch sewer p~pel~ne rela~ve to a new s~E~ sewer ~ relief l~e to se~e p=opertEes o~ r~s~d~ ~ co~rcEal es~blish- ~ wi~En ~e M~ray R~ Watershed, wE~En ~ wi~out ~e co.orate l~ts of ~e City of ~anoke. (For full text, see re~t as fEle~ En ~e city Clerk's Office.) ~. ~o~s move~ ~at ~c~1 co~c~ ~n ~e r~port of ~e City ~ager ~ offere~ ~e foll~g ~erg~ Or,in.ce= (%21894} ~ O~IN~ au~orEzing ~e ~Ety~s exertion of a ~itt~ 1Ec~se agre~t wi~ Norfo~ ~ Weste~ ~ilway ~y prov~Eng a right to ~e city to const~ct, ~En ~ operate ~ ~dergro~d 21-inch sewer carrier p~pe line ~r and across sa~ C~y~s property, En co~ectEon wE~ ~e city's Murray R~ S~E~ Sewer Project, on ~e west sE~e of Ro~oke ~ver, upon cer~ te~ ~ con~Et~ons~ and providing for an ~rgen~. 483 (For full text of Ordinance, see Ordinance Book No. 40, Page 210.) Hr. Thc~s moved the adoption of the Ordinance. The motion was seconded by M~. Nubard and adopted by the following vote= AYESz Masers. Garland~ Nubard, L~ak, Taylor, Thomas, Trout and Hayer Webber ................................. ?. NA¥Ss None ........................0. REGIONAL 3AIL-TPAFFIC= 'The City Hanager submitted a written report in connection with the one bid received for the operation of a parking lot on city property on Church Avenue, reconmending that Council authorize an amendment to the agreement with J & S Parking Company, Incorporated, to permit n meter- type operation in lieu of an attendant and that the city receive an increase in payment from 41 per cent to 52h per cent of the gross revenues received. (For full text, see report as filed in the City Clerk*s Office.) Hr. Trout moved that Council concur in the report o£ the City Hanager and that the following Ordinance be placed upon its first reading= (%21895) A~ ORDINANCE accepting the amended proposal of J & S Parking Company, Incorporated, to operate a public off-street parking facility on certain property owned by the city, on a month-to-month basis and upon other express ter~s and conditions. (For full text of Ordinance, see Ordinance Book NO. 40, Page 216.) The motion was seconded by }ir. Lisk and adopted by the following vote: AYES= Messrs. Garland, Hubard, Liskt Taylor, Thomas, Trout and Mayor Webber ................................. ?. WAYS= None ........................0. SIGNS: The City Hanager su~mitted a written report in connection with a request of the First Church of Christ Scientist for authorization to erect two signs within street right of way at the corners of Colonial Avenue and Overland Road, S. W., and Overland Road and Bra~bleton Avenue, S. W., advising that it is felt that the practice of erecting signs of this nature on publlc right of way is improper and should be discouraged; however, should Council desire to waive that section of the City Code as it relates to this matter, it would be reco~ended that Council require the church to provide adequate protection so as to hold the city harmless in case of an accident as a result of these signs. (For full text, see report as filed in the City Clerk's Office.) Hr. Hubard moved that the report be referred to the City Attorney for preparation of the proper measure granting the request of the First Church of Christ Scientist. The ~otlon was seconded by Hr. Garland and unanimously adopted. 484' SE~EP~.AifD S~OP~ DRAINSz ~he City Hanager s~tted a ~ltten report h coaectl~ vl~ a c~lcati~ frs ~a; P~S~ O~gs, 2718 Drive~ N. ~., re~esting a se~ h~kup to her p~ty ~d advising ~a~ ~st of ~e lateral ~d hookup charges~ plus ~e charge for a pl~r to ~ke ~e line ~ ~e s~eet Is t~ excess o~ her Eln~cial cap~l~l~es, advls~g ~at in prov~ hardship cases s~ ~ of relief ~uld ~ wor~whlle, rec~ding ~at Title ~ll, ~apter 7~ Sectl~ 1, of ~e ~e of ~e City o~ ~anoke, 1956, ~ ~ded to rec~lze ~ls possibility, ~at ~e C~e be ~ended to pe~t interest ~ar~g deferred pa~ents to ~e city for sewer lateral cons~ction ~d for h~kup charges, such deferred pa~n~ ~d interest to be assessed back to ~e ~er over. a ~rt~ of t~ along wl~ ~e regular billing for sewage ~s~ssl~ ~d ~ea~nt charges, ~at it is reco~nded ~at such a revlsi~ to ~e City ~e ~ au~ortzed by Co~cil and ~at ~s. 3e~ings ~ all~ed to utilize ~at provisi~. (For full text, see report as filed in ~e City Clerk*s O~fice.) ~. Th~s ~ved ~at Cocci1 conc~ in ~e reco~ndation of ~e City ~ager and ~at ~e re~rt ~ referred to ~e City Atto~ey for prepara- tion of ~e proper ~as~e. The motio~ was seconded by ~. Lisk ~d ~an~usly adopted. STA~ HIG~AYS: ~ City ~nager s~tted a ~itten report in co~ec- tion wi~ ~e initiation and pr~r~ of a project for ~e reconst~ction of 10~ Street fr~ Gl~er Argue to Willi~o~ Road, N. W., reco~nding ~at Cocci1 request ~e Virginia Depar~nt of Highways ~d Tr~s~rtation to include in ~e project ~e const~ctlon of ~ interch~ge at ~e intersection of 10~ S~eet ~d lnters~e 581, and~ if ~ney is avail~le, construct a bi~cle trall ~ conj~ction wi~ ~e project, an~ fur~er reco~ndlng ~at ~e Highway Depar~ent ~ requested to prepare prel~na~ plus and an estl~te of ~e cost of reali~g 10~ S~e~t to ~ss ~e Hoo~ H°~se ~d ~at ~is lnfo~tlon ~ presented at ~e p~llc hear~g. (For full text, see re~rt as filed ~ ~e City Clerk's Office.) ~. Lisk ~ved ~at Cocci1 conc~ in ~e report of ~e City ~nager ~d offered ~e foll~ing Resolution: ([21896) A ~S0~TION relat~g to prel~a~ plus for highway project No. U~-128-112, PE-101, prepared ~d s~tted to ~e city by ~e Virginia ~par~t of Highways ~d ~spor~tion. (For full text of Resolution, See Resolution B~k No. 40, Page 211.) ~. Lisk ~ved ~e adoption 0f ~e Re~olution. The ~tion was seconded by ~. H~ard ~d adopted by ~e foll~g AYe: Messrs. Garl~d, H~d, ~sk, Taylor, ~o~s, Trout and ~yor Webber ...................................... 7. NAYS = None ....................... 0. .PI,A~flNG~ The City Honager sube~ltted a m:ltten report advising effective J~ua~ 1~ 1975~ ~e C~l~ ~velo~ Ac~ vill go ln~o effec~ ~at ~ls Act consoli~tes ~b~ r~ewal~ reh~lli~tl~ l~s, p~lic facility lo~s, o~ space l~d, neiq~=h~ facilities, water ~d sewer grits, ~b~ ~autlficati~, historic prese~atl~, ~el cities ~d nelg~=h~ develo~t pr~r~ into a single 'block' gr~t paid ~lly to ~e City of ~anoke as a rom of special rev~ue sharing, ~at all of ~ese pr~r~ previous- 1~ involved a prxess of applications on a pro~ect-by-proiect basis followed by ext~sive review, ~at applications have ~ ~ s~tted no earlier ~ Dec--er 1, 1974~ and no later ~u April 15~ 1975, ~at ~ City Manager ad his s~ff ad ~e City of Ro~oke Redevelo~t ~d Housing Au~ortty have ob~ined copies of ~e Act and H. U. D. a~it regulations regarding its ~l~tion~ as well ts attending n~rous confer~ces regarding its financial and a~nis~a~ve hplicattons, ud ~e Co~cil will ~ kept apprised of ~e progress of ~e application and any sl~nifica~ develop~nts regarding ~e impl~en~tion of ~e Act. (For full text~ see re~rt as filed in ~e City Clerk's Office.) was seconded by ~. H~ard ~d ~ously ado~t~. BUS~: The City ~ager s-~itted a ~itta report se~ of ~e proposal of A~ ~ag~ent & Se~ice C~p~y~ Inco~orated, relative to ~eir trusit ~nag~t proposal~ and advising ~at representatives of ~ls fda will meet wi~ Co~cil a~ ~=30 p.m., on Monday, Never 4, 1974, to ~e a brief pres~tion and to ~swer questions. ~. Th~s ~ved ~at ~e re~rt be t~en ~der advis~t ~til such t~e as Co~cil meets as a c=ttee of ~e ~ole relative to ~e rotter. ~e motion was seconded by ~. Trout ad uu~uly adopted. CO~CIL= The City ~ager s~tted a ~itt~ re~rt requesting an ~ecu~ive session wi~ ~e m~rs of Co~cil to discuss real estate mtters. ~. ~out ~ved ~at Co~cil conc~ in ~e re,est of ~e city ~ager for~ executive s~slon. ~e ~ion was seconded by Dr. Taylor ~d adopted by ~e ioll~in9 vote: AYe: ~essrs. Garlad~ H~ard, Lisk, Taylor, Th~s, Trout and ~yor Webber ..................................7. ~YS~ None--~ ...................... 0. Assistat City Attorney s~tted a eltra report of ~e City Attorney relative to ~e necessity of ob~inh9 ~dergro~d pi~lhe crossing licase frs ~e Norfolk and Westem hilway C~y for a s~om ~ain proiect h ~i~re 485 486 (For full text, eee repot2 ae flied in the City Clerk~e Office.) ~r. ~hceaae ~oved ~at ~cll conc~ ~ ~e ~e~ of ~e C~ty Atto~ey ~d offered ~e foll~g ~rg~ Ordin~cez (t21897) ~ O~X~CE au~oriz~n~ ~e city"s executl~ of a ~a c~ty to consh~ct~ ~n~ ~d o~rate ~ ~dergro~d 36-1n~ sto~ water ~ain ~der ~d across said C~y~s property~ as ~ ex~ension of said drain fr~ ~l~e Argue, S. E,~ ~d providing for ~ (For full text of Ordln~ce~ se~ Ordln~ce B~k ~o. 40, Page ~. ~s ~ved ~e adoption o~ ~e Ordln~ce. The ~on was seconded by ~, H~ard and ~dopted by ~e following vote~ AY~ Hessrs. Garl~d~ H~ard, ~sk~ Taylor, Th~s~ Trou2 and · ~yor ~eb~r ........................... 7, ~YS~ Non~ .................. 0, B~T-~TION-CONSOLIDATION~ A re~rt of ~ Director o~ Finance advising ~at it w~ll ~ necessa~ to appropriate ~ add~t[ona~ $~0~000.00 to ~e ~exat~on Accost in order to pay ~e necessa~ e~enses for ~e trial, was ~fore Co~c~l. The D~rector of Fin~ce-verbally re~ested ~ss~on to wi~draw ~e report w~ ~e ~ders~ding ~at ~t will again appear on ~e ag~da in a d[ffer~t fo~. ~. ~out ~ved ~at Co~ct~ conc~ in ~e request of ~e Director of F~n~ce for pe~ss[on to w~draw ~e re.rt. The motion was seconded by Dr. Taylor and ~ously adopted. ~ORTS OF J~I~ HO~= Dr. Taylor presented a report of ~e Juvenile ~t~t[on Fao[lit[es Study C~ttee reco~d[ng ~at ~e City o~ Ro~oke offer an agre~t to ~e governing ~[es of All~gh~y Co~ty, Craig Co~ty, ~ cowry, Cov~gton ~d ~lifton Forge for ~e u~e of ~e ~oke Juvenile Detention H~, on ~e c~r~t per d[~ rate of $~.17, ~d, also reco~nd[ng ~at ~e City of Ro~oke offer ~ agre~t to ~e gove~g ~ies of ~e Co~t~es of Allegh~y, Ba~, Botetourt, Craig ~d ~o~oke,-~d to ~e C~ties of Clifton Forge, Cov~gton ~d Sal~ for ~e use of ~e ~treach ~t~t~on Progr~ of ~e Roanoke Juv~e H~, at a ~er ~ rate of ~.00 ~er child. {For full text, see report as filed in ~e City Clerk's Off~ce.} Dr. Taylor ~ved ~at Cocci1 conc~ ~ ~e re~rt of ~e c~ttee ~d offered ~e roll.lng Resolution= (%21898} A ~SOL~ION au~or[z[ng agre~ts to be ~tered w[~ o~er ~lit~cal s~lv~sions relat~g to said o~ers~ use of ~e Ro~oke Juvenile Deter[on H~e, in Botetourt Co~ty. 487 {FOr full telt of Resolution, see Resolution Book NO. 40, Page 214.) Dr. Taylor m~ved the adoption of the Resolution. The motion was seconded by ~. Trout.and adopted by the follo~ing vote: AYES: Nessrs. Garland, Hubard, Llsk, Taylor, Thomas, Trout and P~yor Webber .............................. ?o HAYS~ None ..................... 0. Dr. Taylor further moved that Council concur in the rec~ud~tion of the cc~mittee relative to the Ouk~each Detention Program. The motion was seconded by ~lr. Llsk and un~nimously adopted. POLICE DEPARTMENT-MUNICIPAL BUILDING: Council at its last regular meeting on Monday, October 28, 1974, having deferred action on a report of the City Manager relative to burglar ala~lns and the $25.00 fee that is ilnposed for false alarms, recn~nding that the false alarm penalty fees continue to be assessed in order that the city will be able to continue to provide high quality service as Opposed to permitting the service to deteriorate back to the condition it was in three years ago when no such fee was in existence, the matter was again before the body. (For full text, see report as filed in the City Clerk's Office.} lit. George L. Hull, Distribution Center Manager, McKesson & Robbfns Dr~g Company, appeared before Council and advised that his company does not protest the $25.00 fee if it is justified, or if one of the employees of the company causes the false alarm, however, they do protest the fee when the alarm is beyond the control of the comi~any. A£ter a discussion of the situation, ~r. Hubard moved that the matter be referred back to the City Manager for fttrther consideration and that the City Manager take into consideration the possibility of allowing two or three free false alar~ per year wherein the company says the false alarms are not their fault. The motion was seconded by Mr. Garland and onanimously adopted. REVENUE SHARING-HUMAN RESOURCES COMMITTEE: Council at its last regular meeting on Monday, October 28, 1974, having deferred action on the appointment of a seventh member to the ~,,m~, Resources Committee, the matter was again before the body. Mr. Trout reguested that the appointment be deferred ttntll the next regular meeting of Council on Monday, November 11, 1974. SEWEP~ ARD STORM DRAINS: Council having previously deferred action on a report of the Water Resources Committee in connection with the request of American Valley Inns, Incorporated, to construct a sewage holding tank, time controlled so as to empty during non-peak hours into the Frenklin Road 488 interceptor, recording that'American Valley Inns be authorized to soliclt approva! fro~ the State Health Department and the state Water Control' Board to construct a new ~otel on Franklin Road to the south of the city a~d to connect this ~otel to the cityJe Franklin Road interceptor under certain stipulations, ~he ~atter was again before the body. (For full text, see report as filed in the City Clerk's Office.) Mr. Hubard moved' that the report be referred to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. Lisk a~d adopted, Mr. Thomas not Voting. CONSIDERATION OF C~J~S: NON~. INTRODUCTION ~tND CONSIDERATION OF O~DINANC~S AN~ ~ESO~.UTIONS~ ZONING: Council having directed the City Attorney to prepare the proper measure granting revocable, non-trans£era~le perm~ssion to Mr. Robert J. Pdce to pursue the home occupation of operating a television repair service upon premises located at 1602 11th Street, N. E., known as Lots 23 and 24, Block 8, Map of Fairmont, Official Tax No. 3061023, upon certain terms and conditions, he presented same~ whereupon, Mr. Thomas moved that the following Ordinance be placed upon its first reading= {~21899) AN ORDINANCE gra~ting revocable, non-transferable perm~sslon to Robert J. Price to pursue the home occupation of operating a tele- vision repair service upon premises located at 1602 11th Street, No F.., known as Lots 23 and 24, Block 8, Map of Fairmont, Official Tax No. 3061023, upon certain terms and conditions. (For ful! text of Ordinance, see Ordinance Book No. 40, Page The motion was seconded by Mr. Trout and adopted by the following Mayor Webber .............................. ?. prepare the proper measure requesting the General Assembly of Virginia, at its 19?S Session to consider leglslation extending certain tax exemption e~tltle~ents over the age of sixty-five years, he presented same= whereupon, Mr. Garland (%21900) A-RESOLUTION requesting the General Asse~bly Of Virginia at its 1975 Session to consider legislation extending certain tax exemption entitleme~nts to totally and permanently disabled persons, as well as to (For full text of ~esolutlon, see Resolutlon Book No. 40, Page 215.} Hr, Garland mOved the adoption of the Resolution. The mOtion was seconded by Nr, Hubard and adopted by the following vote= AYES= Messrs. Garland, Nubardt Llsk, Taylor, Thomasu Trout and Mayor Webber ............................. 7. NAYS= None ..................... 0. MOTIONS AND HIS~r.r.~NEOUS BUSINESS = LICENSES= Hr. gubard presented a co~aunication relative to a request from Hr. P~lchard W. Davie that Council amend the city's License Tax Code to conform to the state law relative to the license taxes for antique sho~s and similar shows, advising that it was not made clear at that tl~ that the current tax on all such shc~s, including antique and coin sho~s, was $20.00 and that this $20.00 tax ~uld be increased to $10.00 for antique shows, but to $200.00 for all other eho~s, that it is his considered jud~nent that thie matter was passed by Council without any due consideration of this discrimination, that he has been requested by the Roanoke Valley Coin club to bring this matter be- [ore Council and intro~uccd Hr. O. B. Ware to make a brief presentation in connection with the matter. (For full text, see communication as filed in the City Clerk*s Office.} Hr. Ware appeared before Council and read a prepared statement requesting that Connci! reconsider its recent action to i~p_ose a llcense tax on coin shows of more than six times the license tax imposed on antique shows, advising that he Is not suggesting that the license tax on antique shows is too iow and thus be raised to I200.00, but rather he is suggesting that the llcense tax of $200.00 placed upon coin shows when added to the $200.00 license tax which they annually pay to the State of Virginia, being a total o~ $400.00, seems excessive when one looks at the two $30.00 taxes that antique shows pay for state and local license taxes. (For full text, see statement as filed in the City Clerk*s Office.) In this connectlon, a comuunieation from He. Ellen Schneider, Steering Committee, Roanoke Crafts Festlval, on behalf of the Docent Guild, advising that the Docent Guild, sponsor of the annual Roanoke Crafts Festlval, would llke to ]oin other organizer/one already on record in protesting the Roanoke City License Ordinance which sets fees at $200.00 for exhibits and shows other then antique shows, and that the Docent Guild w~uld appreciate the immediate reconsideration of Council of this license Ordinance, was before the body. (For full text, see comunicatien as filed in the City Clerk*s Office.} Mr. Garland n~ved that the matter be referred to the City Taxes Committee for study, report and reconunendatlon to Council. The motion was seconded by Hr. Thomas and unanimously adopted. 489 !i ~490 TP~FIC-S TATE ~sk has q~l~[~ed as a ~er of ~e ~e H~ghway Safe~y ~as~on for a te~ o~ ~o~ ~ears end~g ~to~r 31~ 1978. ~. H~ard ~ved ~at ~e re~rt ~ received ~d f~led. ~e ~t~on was seconded by Dr. Taylor ~d ~usly adopted. ~R ~NGS OF CITIZ~S~ NO~. There ~g no f~er bus,ness, ~yor W~er declared ~e ~et~ng ad~o~ed. APPROVED C~ty Clerk 491 COUNCIt'., REGULAR HE~ETING, Monday, NoveJ~ber 11~ 1974. The Council o£ the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Build,rig, Monday, November 11, 1974, at 2 p.m., the regular meetJ~ng hour~ with Mayor Roy L. Webber presiding. PRESENT= Cou~cilmen Robert A. Garland, David K. ~.lsk, Noel C. Taylor, Hampton W. Thomas~ James O. Trout and Mayor Roy L. Webber ........ 6. A~SENT= Councilman William S. Hubard ..........................1. OFFICERS PRESENT= Hr. Byron E. Haner, City Manager~ Hr. Sam H. McGhee, III, Assistant City Managerj Hr. James N. Kincanon, City Attorney~ Hr. H. Ben Jones, Jr., Assistant City Atfornsy~ Mr. A. N. Gibson, Director of Finance~ and Hrs. Mary F. Parker, Clty Clerk. INVOCATION= The meeting was opened with a prayer by Dr. Noel C. Taylor, Vice-Mayor. MINUTES= Copies of the m~nutes of the regular meeting held on Monday, October 28, 1974, and the regular ~eting held on Monday, November 4, 1974, having been furnished each member of Council, on motion of Hr. hisk, seconded by Dr. Taylor and adopted, the reading thereof was dispensed with and the m~nutes approved as recorded. HEA~NG OF CITIZENS UPON PUBLIC MATTERS= CITY PROPERTY-AIR~ORT-MISCELLANEOUS = Hr. Charles D. Fox, III, Captain, United States Navy Reserve, appeared before Council and advised that the D~partment Of the Navy would like a fifty year lease on city property referred to as 'the airport site' for use as a Naval and Marine Corps Reserve Center, the format to be much the sam~ as present property that is leased, and requesting that the present leases on the Naval Reserve Center and the Marine Corp Center be terminated at the t~me of the completlon of their new facility. Hr. Thomas 10oved that the request be referred to the Rea! Estate Committee, the A~rport Advisory commission and the City Attorney for study, report and rec~n~atlon to Council by the regular meeting of the body on Monday, December 2, 1974. The ~tion was seconded by Hr. Garland and adopted. PETITIONS AND COMMUNICATIONS= HOUSING-SLUM CLEA~ARCE: A com~Lnication from Hr. Russell R. Henley, Executive Director, City of Roanoke Redevelopme~lt and Housing Authority, advising that it is the intention of the Authority, as soon as possible, to appear before Council with an Amended Redevelopment Plan for the Downtown East 492 Project that will request Council approval and petition~ through proper In this connectio~, H~. Henley appeared before Co~cil and advised that at a meeting of the C~tssloners of the City of Roanoke Redevelopment and Housing Authority on Hondayt November 11, 1974, it was agreed that it was not practical due to t/une and meney to further consider the closing of Tazewell Avenue and requested permission to withdraw the con~mnication. Relative to the matter, a petition signed by 23 southeast residents In opFosltlon to the closing of Tazewell Avenuet was before Council, lpproxflnately 30 citizens attended the Cotmcil meeting tn Kr. Trout moved that the 'Traffic Evaluation of Proposed Tazewell seconded by Hr. Lisk and adopted. £or pez-aiasion to withdraw the commttnication. The metion was seconded by Hr. Trout and adopted. Hr. ~.isk moved that the petition frc~u the southeast reside~nts be Director, Roanoke Valley Regional Health Se~ices Plar~ui_ng Cotmcil, Incorporated, advising that the Health Services Plaztning Council will be unable to ret~rt to Council bi November 11, 1971, concerning the o[ Title XlX of The Code oi the City of Roanoke, 1956, aa a~uended, by the addition o£ a new Chapter 4 entitled Ambul~ce M-nd Rescue Ss~ds, h~ever, a re~ort will be ready for the Council meethg scheduled on November 1974, was before the body. STREETS AND ALLEYSt A petit/on fr~ t~e Northwest Neighborhood Dr. Taylor moved that the petition be referred to the City Hanager for his in£o~natlon /-n cormection with the blacktopping progra~u for the City of Roanoke. The motion was seconded by Hr. Trout a.nd adopted. m m I~EPORTS OF OFFICERS~ BUDgET-GRANTS-PERSONNEL DEpARTMENT~ The City Hanager submitted a written report advising that the Personnel Department has bean authorized a gra~t under the Inter-governmental Personnel Act for the purpose of com~uterizing personne! records data, that the grant, ~n the amount of $6,915.00, will provide for the employment of a skilled progr*~r for a six month period and will, In addition, pay for com~uter time necessary for the developmunt and testing of these co~uter programs and that approval by Council of certain appropriation Ordinances will indicate approval for the City Manager to accept this grant. (For full text, see report as filed in the City Clerk's Office.) Hr. Thomas ~oved that Council concur In the report of the City Manager and offered the following emergency Ordinance approprlat~ng $6,115.00 to Salaries and Wages under Section S714, 'Personnel and Training,' and $800.00 to Contractual Services under Section %725, 'Management Informa- tlon Services,' of the 1974-75 budget= (%21901) AN OPd]INANCE to amend and reordaJ/1 certain sections of the 1974-75 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 219.) Mr. Thomas moved the adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted by the following vote: AYES: Messrs. Garland, Lisk, Taylor, Thomas, Trout and Mayor Webber ............................... 6. NAYS: None ................0. (Mr. Nubard absent) BUDGET-DIrECTOR OF FINANCE: The Director of Finance suk~nitted a written report advising that under authority granted to the Director of Finance by Resolution No. 21885, he has negotiated a short-ter~ loan in the total amount of $5,000,000.00, and transmitting an Ordinance appropriating funds to repay the loan and interest thereon. Mr. Trout moved that Council concur in the report of the Director Of Finance and offered the following emergency Ordinance appropriating $5,000,000.00 to Temporary Loans and $96,000.00 to Interest on T~m~orary Loans under Section S90, 'Sewage Treatment Fund,' of the 1974-75 Sewage Treatment Fund Appropriation Ordinance: (%21902) AN ORDINANC~ to amend and reordain Section %90, 'Sewage Treatment Fund,' of the 1974-75 Sewage Treatment Fund Appropriation Ordinance, and provldLng for an emergency. (For full text of Ordinance, see Ordinance Book No. 40, Page 220.) 493 494, Hr. Trout moved the adoption of the Ordinance. The ~otton ,,.'as seconded by ~r. Lick a~d adopted b~, the follo~in9. vote~ AY~St Messrs. Garland~ Llsk; Taylor, Thomas, Trout and Mayor Webber ................................ 6. NAYS: None .................0. (Hr. /~bard abse~lt] WATER DEPARTMENT: The Director of F~nance submitted a written report relative to a penalty charge of $1.0g when It ls necessary to cut off service of customers who fail to pay their water bills~ a deposit fee of ~5.00 for new residential customers and $?.50 for new commercial customers, recom- mending that the $1.00 fee be increased and that the deposit charge for new customers be abolishedt and f~rther re~ding that the matter be referred to the Water Resources Committee for consideration. (For full text, see report as filed In the City Clerk's Office. Dr. Taylor moved that the report be referred to the Water Resources Committee for study, report and reco~endation to CoUncil. The motion was seconded by Hr. Garland and adopted. ZONING: The City Planning Commission submitted a written report .~n cor~nection with an expanded version of Section 66 of the Zouing Ordi:la~lc= as prepared by the City Attorney's Office, advising that it is the consensus of the Plannlng Com~$sion membere that a change in this procedure would be negat~g the Board of Zoning Appeals basic function and r~comn~nding that no change be made. (For full text, see report as filed in the City Clerk's office.) Hr. Thomas moved that the report be received and filed. The motion was seconded by Dr. Taylor and adopted. STREETS A~D ALLEYS: The City Planning Com~L~ssion ~ub~litted a written report in connection with a request of the city Engineer that a port~on of Sycamore Avenue, N. W., between a point 100 feet west of the northwest corner Of its intersection with Courtland Road and the right of way of Interstate 581, be vacated, discontinued and closed, reco~nending that the request be approved. {For full text, see report as filed ~ the City Clerk's Office.) Hr. Thomas moved that Council hold a public hearing on the request at 7=30 p.m., Monday, December 30, 1974, in the Council Chamber. The motion was seconded by Hr. Lfsk and adopted. HOUSiNG-SLUM CI~NCE-STI~E~TS AND A/J~EYS: The City Planning Comm~sslon s~{tted a written report in connect~en with a request of the City of Roanoke Redevelep~t and Housing Authority, that a portion of a certain street and alley wlthin the beendary of the Gaillsboro Neighborhood Development P~ogram~ Project VA A-6t be vacated, discontinued and closedt recc~mending that the request be granted. (For full text, see report as filed in the City Clerk's Office.) N~. Garland m~ed ~a2 Co~cil hold a p~llc hea~lng on ~e r~es2 at 2 p.m., ~n~, ~c~er 9, 1974~ ~ ~e Co~cll ~er. ~e ~t~on ~as seconded b~ ~. L~sk ~d adopted. ~POR~ OF C~ES z P~ ~D P~YGR~DS~ The c~ttee appointed for ~e pu~ose of tabulating bids ~ece~ved for ~mprov~ts to ~udon Park, Ke~ed~ Park and Nashington Pa~k, s~tted a ~tt~ re~r~ rec~nding ~a2 all ~e b~ds be rejected ~d ~ak ~e plans ~ revised to ~e extent necessa~ In order ~at ~e project c~ ~ readvert~sed ~d bids received ~at would be wi~n ~e f~ds ava~l~le for ~is project. (For full text, see report as filed ~n ~e City Clerk's Office.) ~. Garland moved ~at Cocci1 conc~ in ~e report of ~e co. tree ~d offered ~e foll~ing Resolution: (%21903) A ~SO~TION rejecting all bids received for ~rov~ents to ~udon Park~ K~edy Park and Washington Park, ~d directing ~at ~e ~tter ~ readvertised for bids. (For full text of Resolution, see Resolution Book No. 40, Page 221.) ~. Garland moved ~e adoption of ~e Resolution. The ~tfon was seconded by ~. Trout and adopted by ~e fo11~ing vote: AYES~ Messrs. Garl~d, Lisk, Taylor, Th~s, Trout and ~yor Webber ............................. 6. NAYS: None .............. 0. U~INIS~D BUSI~SS ~ ~ ~SOUR~ CO~I~E-~E S~NG: Co~cfl having previously deferred action on ~e appo~t of a sev~ ~er to ~e H~n Reso~ces Co. tree, a c~ttee appointed for ~e pu~ose of ~nitoring and evaluating social se~ice progr~ especially ~ose ~at seek f~ding on an ~ual basis, ~e ~tter was again ~fore ~e b~y. ~. Trout placed ~ no~ation ~e n~ of ~. Stanley R. Hale. There ~g no f~er n~nations, ~. St~ley R. Hale was elected as a m~r of ~e H~ Resources Co--tree by ~e foll~ing vote: FOR ~. ~1 Messrs. Garl~d~ Lisk, Taylor~ Tho~s, Trout and ~yor Webber .........................6. (~. H~ard abs~t) BUSES: Co~cil hav~g previously deferred action on a report of ~e City ~ager rec~ending ~at Cocci1 indicate its conc~rence in ~e selec- tion of A~ ~nag~ent ~d Se~ice ~y, Inco~rated, Cinci~ati~ Ohio, 495 496 to provide ~anag~ent services for *~he ~anslt-. s~s~ ~cludlng pre-~eove~ se~tces~ ~l~ ~a p~ovla~ ~a~ all bu~ ~a p~e-~eove~ se~lces are s~ec~ ~o ~e ac~lsl~1on of ~sl~ facilities ~ approval of ~ reques~ fo~ ftn~clal assls~nce ~der ~e Urb~ ~ss ~s~rtatl~ Act of 1964~ ~d f~er receding ~at Co.oil appropriate $50~000.00 to a ~sit acco~t~ $46~66~.00 for ~ag~ent foos and $3,333.00 for s~ff ~avel ex~ses, ~e ~tter was again boforo ~e ~y. (For full t~t,. see re~rt as filed ~ ~e City Clerk's Offico.) ~n ~ls co~ect~on~ ~e C~ty ~nager s~tte~ copy of an Inter- depar~ent C~catlon fr~ ~. Wi111~ G. Ku~y~ ~sist~t Plying Director, advising ~at he has spok~ w~ ~. Phil ~ngo and ~. ~ey Peard, represent~g A~ ~ag~nt an~ Service Co~y, 1~co~rate~, conced- Ing ~e poss~bil~ty of a OhO-year or ~o-ye~ contract as opposod to a ~ee- year contract, ~at ~ ~n~cated ~at ~e~r ft~ would be willing to enter into a ~year contract for ~e ~ts o~ $80,000.00 for ~e f~rst ~ear ~d $86,000.00 for ~ second year, ~at ~ey also said ~ey woul~ ~ w~ll~ng to cont~nua for ~e ~r~ ~ear at ~e ~ote~ r~ration o~ $92,000.00 but ~at ~ey would not object to a condition being placed ~n ~e contract for ~e c~ty to have ~e option to c~cel after ~e secon~ year. ~ter a ~scuss~on of ~e ~tter, ~. ~s ~ve~ ~at ~e C~ty ~nager ~ tns~cte~ to in.ire of A~ ~ag~t ~ Se~ice Co. any, Inco~orated, as to whe~r or not ~ey woul~ agree to a two year con~act at $80,000.00 ~d $86,000.00, respectively, w~ ~e r~ght of ~e city to re.hate ~ con.act at ~e e~d of one year. The ~tion was se~onde~ by ~. Trout an~ adopte~. CONSIDE~TION OF ~= NO~. I~0DU~ION ~D CONS~DE~TION OF O~I~S ~D ~SOLUTIONS: ~GIO~ J~L-~F~C: Ordin~ce No. 21895 acce~tlng ~e ~ded proposal of J A S Parking C~y, ~nco~orate~, to operate a p~lic off- s~ee~ p~king facll&ty on certain property ~e~ by ~e city, on a ~n~ to ~n~ bas~s ~ upon cer~ o~er e~ress te~ ~ conditions, hav~ng previously ~ before Cocci1 for i~ first reading, read ~d la~d over, was a~ain before ~e b~y, Dr. Taylor offering ~e following for its second r~ad~ng ~a ~al adoption: (%21895) ~ O~I~ accepting ~e ~ded proposal of J & S Park~g C~y, Inco~orate~, to o~rate a p~l~c off-~eet parking facility on cer~fn property ~e~ by ~e city, on a mon~-to-mon~ basis ~ upon ceftin o~er e~ress te~ ~ conditions. (For full text of Ordin~ce, se~ Or,in.ce ~ok No. 40, Page 216.) Dr..Taylor moved the adoption of the Ordinance. The motion was seconded by Hr. Trout and adopted by the following vote,. AYES,. Messrs. Garland; Llsk; Taylor; Thomas; Trout and Mayor Webber .............................. 6. NAYS,. None ............... 0. (Hr. Hubard abse~lt) ZONING-SPECIAL pBI~4ITS,. Ordinance No. 21899 granting revocable; non-transferable perm~ssion to Robert J. Rice to pursue the home occupation of operating a television repair service upon premises located at 1602 11th Street, N. E.~ known as Lots 23 and 24; Block 8, Hap of Fairmont, Official Tax No. 3061023, upon certain terms and conditions; having previously been before Council for its first reading read and laid over; was again before the body, Mr. Trout offering the following for its second reading and final adoption: (121899) AN ORDINANCE granting revocable, non-transferable per- mission to Robert J. Rice to pursue the home occupation of operating a television repair service upon premises located at 1602 llth Street, N. E., known as Lots 23 and 24; Block'8, Map of Fairmont, Official Tax No. 3051015, upon certain terms and conditions. (For full text of ordinance, see Ordinance Book No. 40, Page Hr. Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Hessrs. Garland, Lisk, Taylor, Thomas; Trout and Meyor Webber ................................ 6. NAYS: None .................0. (Hr. Bubard absent) GRANTS-COMHONWEALTH'S ATTOP~NEY: Hr. ~.isk offered the following Resolution authorizing the acceptance, execution and fillng of the 'Special Conditions for Action Grant Awards' with the Division of Justice and crime Prevention for an action grant of federal funds to provide additional training for the Commonwealth's Attorney: (t21904) A RESOLUTION authorizing the acceptance, execution, and filing of the 'Special Conditions for Action Grant Awards' with the Division of Justice and Crime Prevention for an action grant of federal funds to provide additional training for the Commonwealth's Attorney. (For full text of Resolution, see Resolution Book NO. 40, Page 221.} Mr. r.isk moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote.' AYES: Hessrs. Garland, ~.isk, Taylor, Thomas, Trout and Hayor Webber ............................... 6. NAYS: None ................. 0. (Mr. Bubard absent) 497 ': -¢98 SIGNSs Council having directed the Cl~y Attornhy t~ prepare the proper ~easu~e granting ~ev~le~ ~-t~sfer~la au~ority to First ~ch of ~lat~ Sclen~at right of vay at ~e lntersec2i~ ~d In ~e r~gh2 o[ ~a~ at ~e l~e~sectlon of B~let~ Avenue and ~erl~d Road~ S. W.~ u~ ceftin whereu~ ~. Trou~ ~ved ~a2 ~e roll.lng Ord~ce ~ placed u~n Its f~rst read~ng~ (~2190~} ~ O~ gr~t~g rev~le, non-~an[erable au~or~ty to F~rst ~ch o~ C~ist, Scantest to ~n~n ceftin direct~al aigns ~n ~e right of way at ~e ~ntersect~on of Colonial Argue and ~erl~d ~ad~ S, W.~ ~d ~n ~e r~ght of way at ~e ~tersect~on oE Br~leton Argue and ~erl~d Road, S. W. ~ u~n cer~n te~ and conditions. (For lull text of Ordinance, see Ord~n~c~ ~ok No. 40, Page ~e ~t~on was seconded by ~. Garland ~d adopted by ~e foll~ing vote = AYES~ Hessrs. Garl~d~ Lisk, Taylor~ Tho~s, Trout ~d Mayor Weber ................................ 6. ~YS~ None .................0. MOTIONS ~ MIS~OUS BUSl~SS: NO~. ~R ~NGS O~ C~TI~S: NO~. There ~ng no f~er bus.ess, ~yor Webber declared ~e ~etlng adjo~ed. APPROVED A~T: C~ty Clerk !! VIRGINIA STATE LIBRARY RICHMOND 23219 fllCROFIU4 CA~ERA OPERATOR'S CERTIFICATE TNIS IS TO CERTIFY THAT THE HICROPHOTOGRAPNS APPEARING ON THIS REEL ARE TRUE AND~ACCURATE REPRODUCTIONS OF THE RECORDS LISTED ON THE TITLE SHEET PRECEDING EACH VOLUME OR '* *~ SERIES OF RECORDS HICROFILHED THEREON$ TI'LAT THE RECORDS HERE ....... HJCROFII.~ED ON THE DATE, OR DURING THE PERIOD, AND AT THE REDUCTION RATIO INOICATED~ AND THAT SfHEN RICROFILI'tED THE RECORDS WERE IN THE CUSTODY OF THE DEPARTt'~E~IT, OFFICE, OR INDIVIDUAL· LISTED ON THE TITLE SHEET.